The whole frame of the Federal
Constitution proves that the Government which it creates was intended
to be one of limited and specified powers. A construction of the
Constitution so broad as that by which the power in question is defended
tends imperceptibly to a consolidation of power in a Government intended
by its framers to be thus limited in its authority. "The obvious
tendency and inevitable result of a consolidation of the States into one
sovereignty would be to transform the republican system of the United
States into a monarchy." To guard against the assumption of all powers
which encroach upon the reserved sovereignty of the States, and which
consequently tend to consolidation, is the duty of all the true friends
of our political system. That the power in question is not properly an
incident to any of the granted powers I am fully satisfied; but if there
were doubts on this subject, experience has demonstrated the wisdom of
the rule that all the functionaries of the Federal Government should
abstain from the exercise of all questionable or doubtful powers.
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