It
is an established rule of construction, where a phrase will bear either
of two meanings, to give it that which will allow some meaning to the
other parts of the instrument, and not that which will render all the
others useless. Certainly no such universal power was meant to be given
them. It was intended to lace them up straitly within the enumerated
powers, and those without which, as means, these powers could not be
carried into effect. It is known that the very power now proposed as
a means, was rejected as an end by the convention which formed the
constitution. A proposition was made to them, to authorize Congress to
open parials, and an amendatory one, to empower them to incorporate.
But the whole was rejected; and one of the reasons of rejection urged
in debate was, that they then would have a power to erect a bank,
which would render the great cities, where there were prejudices
and jealousies on that subject, adverse to the reception of the
constitution.
2. The second general phrase is, 'to make all laws necessary and proper
for carrying into execution the enumerated powers.' But they can all
be carried into execution without a bank. A bank, therefore, is not
necessary, and consequently, not authorized by this phrase.
It has been much urged, that a bank will give great facility or
convenience in the collection of taxes. Suppose this were true: yet the
constitution allows only the means which are 'necessary' not those which
are merely 'convenient' for effecting the enumerated powers.
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