Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/43

 CH. XVIII.] establish courts is to create, and form, and regulate them. To establish rules of naturalization is to frame and confirm such rules. To establish laws on the subject of bankruptcies is to frame, fix, and pass them. To establish the constitution is to make, and fix, and erect it, as a permanent form of government. In the same manner, to establish post-offices and post-roads is to frame and pass laws, to erect, make, form, regulate, and preserve them. Whatever is necessary, whatever is appropriate to this purpose, is within the power.

§ 1127. Besides; upon this narrow construction, what becomes of the power itself? If the power be to point out, or designate post-offices, then it supposes, that there already exist some offices, out of which a designation can be made. It supposes a power to select among things of the same nature. Now, if an office does not already exist at the place, how can it be designated, as a post-office? If you cannot create a post-office, you can do no more, than mark out one already existing. In short, these rules of strict construction might be pressed still farther; and, as the power is only given to designate, not offices, but post-offices, the latter must be already in existence; for otherwise the power must be read, to designate what offices shall be used, as post-offices, or at what places post-offices shall be recognised; either of which is a departure from the supposed literal interpretation.

§ 1128. In the next place, let us see, what upon this narrow interpretation becomes of the power in another aspect. It is to establish post-offices. Now, the argument supposes, that this does not authorize the purchase or erection of a building for an office; but it does necessarily suppose the authority to erect or create an office; to regulate the duties of the officer; and to fix