Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/42

 34 the establishment was re-organized, and, instead of a mere appointment and designation of post-offices, provision was made, "that a continued communication of posts throughout the United States shall be established and maintained," &c.; and many other regulations were made wholly incompatible with the narrow construction of the words now contended for.

§ 1126. The constitution itself also uniformly uses the word "establish" in the general sense, and never in this peculiar and narrow sense. It speaks in the preamble of one motive being, "to establish justice," and that the people do ordain and establish this constitution. It gives power to establish an uniform rule of naturalization and uniform laws on the subject of bankruptcies. Does not this authorize congress to make, create, form, and construct laws on these subjects? It declares, that the judicial power shall be vested in one supreme court and in such inferior courts, as congress may, from time to time, ordain and establish. Is not a power to establish courts a power to create, and make, and regulate them? It declares, that the ratification of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. And in one of the amendments, it provides, that congress shall make no law respecting an establishment of religion. It is plain, that to construe the word in any of these cases, as equivalent to designate, or point out, would be absolutely absurd. The clear import of the word is, to create, and form, and fix in a settled manner. Referring it to the subject matter, the sense, in no instance, can be mistaken. To