A commission to urge the cause. State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. The Senate shall choose their own officers and also a President pro tempore in the absence of the Vice-President or when he shall exercise the office of the President of the United States." Sec. 3. A legislative commission is hereby created, to be composed of the governor and eight members, to be appointed by him, not more than four of whom shall belong to the same political party, to be known as the senatorial direct-election commission of the State of Oklahoma. It shall be the duty of said legislative commission to urge action by the legislatures of the several States and by the Congress of the United States to the end that a convention may be called as provided in section 1 hereof. The members of said commission shall receive no compensation. I Sec. 4. That the governor of the State of Oklahoma is hereby directed forthwith to transmit certified copies of this joint resolution and application to both Houses of the United States Congress, to the governor of each State in the Union, and to each of our Representatives and Senators in Congress. GEORGE W. BELLAMY, President of the Senate. WM. H. MURRAY. Speaker of the House of Representatives. Approved January 9, 1908. C. N. HASKELL, Governor of the State of Oklahoma. 27. Judicial Expansion of the Constitution * There is perhaps no better example of the way in which the bare letter of the federal Constitution may be expanded by judicial reasoning than the famous opinion of Chief Justice Marshall in the case of McCulloch v. Maryland. In 1816 Congress enumerated, owledged by all to be one of enumer- Powers incipe, that it can exercise only the powers but the seem too apparent to have required to be extent not arents which its enlightened friends, defined. be the people, found it necessary to urge. now .versally admitted. But the question powers actually granted, is perpetually robably continue to arise, as long as our system erected powers, we do not find that of estab- The Constitution enumerated g a corporation. But there is no phrase does not 1. like the Articles of Confederation, ex- minutely plied powers; and which requires that describe 11 be expressly and minutely described. powers. Tent, which was framed for the purpose of jealousies which had been excited, omits and declares only that the powers "not ited States, nor prohibited to the States, are sor to the people;" thus leaving the question, r power which may become the subject of delegated to the one government, or prohibited tutionality of the first Bank bill, Madison said: at the power exercised by the bill was condemned Constitution; was condemned by the rule of interpretation condemned by the expositions of the friends depending before the people; was condemned by the thepaties which ratified the Constitution; was con endments proposed by the Congress themselves Jotterson's view, see below, p. 237. United States he whole instru vote unless they be equally dis powers of government, we their own officers and also a Princorporation," we find the of the Vice-President or when has to borrow money; to reguPresident of the United Stated duct a war, and to raise and Sec. 3. A legislative comm sword and the purse, all the posed of the governor and cipit assecable portion of the industry not more than four of whom government. It may, with great party, to be known as these government, intrusted with such of the State of Oklahoma cation of which the happiness and commission to urge action bytally depend, must also be intrusted and by the Congress of the tution. The power being given, tion may be called as provided to facilitate its execution. It can of said commission shall rak cannot be presumed to have been Sec. 4. That the goveshowbarrass its execution by withholding directed forthwith to transm tion and application to batablic, from the St. Croix to the Gulf to the governor of eachastic to the Pacific, revenue is to be colRepresentatives and Sennies, are to be marched and supported. of the nation may require, that the treasure raised ld be transported to the South, that raised in yed to the West, or that this order should be realcatruction of the Constitution preferred which the operations difficult, hazardous, and expensive? g that construction (unless the words imperiously Approved Japuad impute to the framers of that instrument, e these powers for the public good, the intention of he exercise by withholding a choice of means? If, be the mandate of the Constitution, we have only to 27 Jutainent does not profess to enumerate the means The towers it confers may be executed: nor does it proThere is perha corporation, if the existence of such a being bare letter of t dicial rehabeneficial exercise of those powers. It is, then, shall those init inquiry, how far such means may be employed. means may ends. We think the sound construction of the Constitution must allow Appropriate to the national legislature that discretion, with respect to the means be used for by which the powers it confers are to be carried into execution, legitimate which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional. mention corporations. That a corporation must be considered as a means not less Reasons why the usual, not of higher dignity, not more requiring a particular Constitution specification than other means, has been sufficiently proved. did not If we look to the origin of corporations, to the manner in which they have been framed in that government from which we have derived most of our legal principles and ideas, or the uses to which they have been applied, we find no reason to suppose that a constitution, omitting, and wisely omitting, to enumerate all the means for carrying into execution the great powers vested in government, ought to have specified this. Had it been intended to grant this power as one which should be distinct and independent, to be exercised in any case whatever, it would have found a place among the enumerated powers of the government. But being considered merely as a means, to be employed only for the purpose of carrying into execution the given powers, there could be no motive for particularly mentioning it. may be any other If a corporation may be employed indiscriminately with other A banking corporation means to carry into execution the powers of the government, no particular reason can be assigned for excluding the use of a bank, used as if required for its fiscal operations. To use one, must be within well as the discretion of Congress, if it be an appropriate mode of execut- corporation. ing the powers of government. That it is a convenient, a useful, and essential instrument in the prosecution of its fiscal operations, is not now a subject of controversy. All those who have been concerned in the administration of our finances, have concurred in representing its importance and necessity; and so strongly F Petty restrictions should not hinder the use of the great powers. The vast revenue operations should be facilitated. to the other, to depend on a fair construction of the who ment. Although, among the enumerated powers of govern do not find the word "bank," or "incorporation," we ar great powers to lay and collect taxes; to borrow mon late commerce; to declare and conduct a war; and support armies and navies. The sword and the posit external relations, and no inconsiderable portion of the of the nation, are intrusted to its government. It ma reason, be contended, that a government, intrus au ample powers, on the due execution of which the t prosperity of the nation so vitally depend, must al with ample means for their execution. The pot↑ it is the interest of the nation to facilitate its c never be their interest, and cannot be presuma their intention, to clog and embarrass its executi the most appropriate means. Throughout this vast republic, from the St 500 |