I will now proceed to examine the powers of the General Government, which, like the governments of the several States, is divided into three branches—a legislative, executive, and judiciary—each having its appropriate share. Of these the legislative, from the nature of its powers, all laws proceeding from it, and the manner of its appointment, its members being elected immediately by the people, is by far the most important. The whole system of the National Government may be said to rest essentially on the powers granted to this branch. They mark the limit within which, with few exceptions, all the branches must move in the discharge of their respective functions. It will be proper, therefore, to take a full and correct view of the powers granted to it.
By the eighth section of the first article of the Constitution it is declared that Congress shall have power—
First. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States;
Second. To borrow money;
Third. To regulate commerce with foreign nations,
and among the several
States, and with the Indian tribes;
Fourth. To establish an uniform rule of naturalization and uniform laws respecting bankruptcies;
Fifth. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures;
Sixth. To provide for the punishment of counterfeiting the securities and current coin of the United States;
Seventh. To establish post offices and post-roads;
Eighth. To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
Ninth. To constitute tribunals inferior to the Supreme Court, to define and punish piracies and felonies committed on the high seas, and offenses against the laws of nations;
Tenth. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
Eleventh. To raise and support armies;
Twelfth. To provide and maintain a navy;
Thirteenth. To make rules for the government of the land and naval forces;
Fourteenth. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
Fifteenth. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be in the service of the United States, reserving to the States the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress;
Sixteenth. To exercise exclusive legislation in all cases whatever over such district (not exceeding 10 miles square) as may, by the cession of particular States and the acceptance of by Congress, become the seat of Government of the United States; and to exercise like authority over all places purchased, by the consent of the legislature of the State in which the same may be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;