Page:The Supreme Court in United States History vol 1.djvu/532

500 While the fears of the opponents of a consolidated form of government had been somewhat allayed by the adoption of the Constitution in its final form, specifically and expressly delegating the powers of Congress in definite terms, there still remained a grave anxiety over the indeterminate language contained in that clause which vested Congress with power "to make all laws which shall be necessary and proper for carrying into exe- cution the foregoing Powers, and all other Powers vested by the Constitution in the Government of the United States, or in any Department or OflScer thereof/' ^ Though this clause had occasioned no debate in the Fed- eral Convention,* it was received with much misgiving in the various State conventions, and predictions were rife that it would be used as a weapon against the sovereignty of the States. With the initiation of the new Govern- ment in 1789, the broad or narrow interpretation of this clause marked a line of division between schools of political thought and action ; and it has been truly said that "the history of the United States is in a large measure a history of the arguments which sought to enlarge or restrict its import/'' As early as 1791, those who feared lest the powers of the Federal Gov- ernment should be expanded, at the expense of the States, by legislative practice or by judicial inter- pretation, saw their fears confirmed, when Congress, without any express power vested by the Constitution,

of general necessity and utility to all the States, as cannot come witliin the juris- diction of any particular State, or to which the authority of any particular State b not competent, so that each particular State shall enjoy all sovereignty and supreme authority to all intents and purposes, excepting (mly those high authorities and powers by them delegated to Congress, for the purposes of the gmoral Union. . ..

> ConslituHon, Article I, Section 8, paragraph 18.

in Convention, Aug. 20, and reported in its 6nal form by the Committee on Style and Arrangement, Sept. 12, 1787. See Documentary Hidory cf tk$ ConatUMom (1900), UI.
 * It was reported by Mr. Rutledge for the Committee of Detail, Aug. 8, adopted


 * The American Commanwealth (1888), by James Bryce, I. 870.