Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/120

 112 remain the same. Who does not at once perceive, that such a course is utterly beyond human reach and foresight? It demands a wisdom never yet given to man; and a knowledge of the future, which belongs only to Him, w hose providence directs, and governs all.

§ 1235. Thirdly. The convention might have attempted a negative enumeration of the powers, by specifying the powers, which should be excepted from the general grant. It will be at once perceived, that this task would have been equally chimerical with the foregoing; and would have involved this additional objection, that in such a case, every defect in the enumeration would have been equivalent to a positive grant of authority. If, to avoid this consequence, they had attempted a partial enumeration of the exceptions, and described the residue by the general terms, "not necessary or proper," it must have happened, that the enumeration would comprehend a few exceptions only, and those only, which were most prominent; and therefore the least likely to be abused; and that others would be less forcibly excepted under the residuary clause, than if there had not been any partial enumeration of exceptions.

§ 1236. Fourthly. The convention might have been wholly silent on this head; and then (as has been already seen) the auxiliary powders, or means to carry into execution the general powers, would have resulted to the government by necessary implication; for wherever the end is required, the means are authorized; and wherever a general powder to do a thing