Page:Harvard Law Review Volume 32.djvu/738

702 702 HARVARD LAW REVIEW . The Supreme Court in the case on the powers conferred on national banks by the Reserve Board ^^ suggests no modification of this ruling. It makes the doctrine of this case the basis of its decision, and says: "The niling in effect was that although a particular character of business might not be when isolatedly considered within the impUed power of Congress, if such business was appropriate or relevant to the banking business the implied power was to be tested by the right to create the bank and the authority to attach to it that which was relevant in the judgment of Congress to make the business of the bank successful." Whether the functions attached to the corporation are appropriate or relevant must be determined by Congress in view of the need of fitting the corporation to carry into execution the powers com- mitted to Congress. There is no question of the power of Congress to create corporations as a means to carry out its constitutional powers. The only question is as to the limitation upon the powers that may be conferred upon and the powers that may be exercised by the corporation. The Hmitation is not upon the power to create corporations, but only upon the purposes for which the corporation may be used as an appropriate means. Congress may authorize the formation of corporations for any of the purposes enumerated in the constitution as within its juris- diction. It may create them for carrying into execution its fiscal operations, its power to raise and transport armies, to declare and carry on war, to regulate commerce between foreign nations or among the states, and having created them for any of these pur- poses it may incidentally and in its discretion confer upon them other powers relevant and appropriate to make them efficient instruments of the government for its own purposes; and just at this point comes the question what other powers are relevant and appropriate and what is the character and extent of the efficiency and what, if any, is the limit of the discretion the courts will allow to the Congress in these matters. The Supreme Court, in First National Bank v. Union Trust Co.,^^ lays emphasis upon the right of Congress to exercise its legislative judgment as to the necessity for creating the bank, including the scope and character of the public and private powers " 244 U. S. 416, 420 (1917). *> 244 U. S. 416 (1917)-