The purpose of this provision is to free the general government from having to depend upon the protection of any state, and to enable it to secure the public buildings and archives from injury and itself from insult. [Footnote:  The Continental Congress, while the capital was at Philadelphia, had to adjourn to Princeton to escape the violence of some dissatisfied soldiers.  See Fiske’s Critical Period of American History, page 112.]

Congress governed the District of Columbia directly until 1871, when for three years the experiment was tried of governing it as a territory.  The territorial government in that time ran in debt over $20,000,000 for “public improvements,” and congress abolished it.

The supervision of the district is now in the hands of three commissioners, appointed by the president, but controlled by congressional legislation.

[2] The propriety of the general government having exclusive authority over such places is too obvious to need comment.  Crimes committed there are tried in the United States District Courts, but according to the laws of the state or territory.

The state in making the cession usually reserves the right to serve civil and criminal writs upon persons found within the ceded territory, in order that such places may not become asylums for fugitives from justice.

Clause 18.—­Implied Powers.

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

This clause does not grant any new power.  “It is merely a declaration, to remove all uncertainty, that every power is to be so interpreted, as to include suitable means to carry it into execution.” [Footnote:  Story.]

It will be noticed that the powers of congress are enumerated, not defined, in the constitution; and the above clause has given rise to the doctrine of “implied powers,” the basis of many political controversies.

Following are samples of “implied powers:” 

By clause 2, congress has power “to borrow money on the credit of the United States.”  Implied in this, is the power to issue securities or evidences of debt, such as treasury notes.  “To increase the credit of the United States, congress may make such evidences of debt a legal tender for debts, public and private.” [Footnote:  Lalor’s Cylopedia of Political Science.]

Congress has power (clause 11) “to declare war.”  By implication it has power to prosecute the war “by all the legitimate methods known to international law.”  To that end, it may confiscate the property of public enemies, foreign or domestic; it may confiscate, therefore, their slaves.  (See Emancipation Proclamation, page 362.  For a hint of what congress might do, see Among the Lawmakers, p. 296.)

Pertinent Questions.