Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/475

 CH. V.] of its provisions, apart from any technical or artificial rules, is the true criterion of construction.

§ 449. XIV. Another rule of interpretation of the constitution, suggested by the foregoing, is, that the natural import of a single clause is not to be narrowed, so as to exclude implied powers resulting from its character, simply because there is another clause, which enumerates certain powers, which might otherwise be deemed implied powers within its scope; for in such cases we are not, as a matter of course, to assume, that the affirmative specification excludes all other implications. This rule has been put in a clear and just light by one of our most distinguished statesmen; and his illustration will be more satisfactory, perhaps, than any other, which can be offered. "The constitution," says he, "vests in congress, expressly, the power to lay and collect taxes, duties, imposts, and excises, and the power to regulate trade. That the former power, if not particularly expressed, would have been included in the latter, as one of the objects of a general power to regulate trade, is not necessarily impugned by its being so expressed. Examples of this sort cannot sometimes be easily avoided, and are to be seen elsewhere in the constitution. Thus, the power 'to define and punish offences against the law of nations' includes the power, afterwards particularly expressed, 'to make rules concerning captures,' &c. from offending neutrals. So, also, a power 'to coin money' would, doubtless, include that of 'regulating its value,' had not the latter power been expressly inserted. The term taxes, if standing alone, would certainly have included 'duties, imposts, and excises.' In another clause it is said, 'no tax or duty shall be laid on exports.' Here the two