Alternative Energy Futures

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ...delegated to him. As the Constitution clothes Congress with powers of legislation which are ample for all the necessities of uational life, wherein there is opportunity for the exercise of a wide discretion, it was necessary to specify such powers as are prohibited to Congress. The powers of Congress are ascertained by considering as well what is prohibited as what is granted, while the powers of the Executive are to be ascertained clearly ' and fully by what is granted. Where there is nothing left to inference, implication, or discretion, there is no necessity for clauses or provisions of inhibition. In the single case of the grant of the full power of pardon to the President, a power unlimited in its very nature, the denial of the power to pardon in case of impeachment became necessary. This example fully illustrates and establishes the position to which I now ask your assent. If this view be correct it follows necessarily, as has been before stated, that the President, acting under the Constitution, can exercise those powers only which are specifically conferred upon him, and can take nothing by construction, by implication, or by what is sometimes termed the necessity of the case. But in every Government there should be in its constitution capacity to adapt the administration of affairs to the changing conditions of national life. In the Government of the United States this capacity is found in Congress, in virtue of the provision already quoted, by which Congress is authorized to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, ( . e., the powers given to Congress, ) and all other powers vested by this Constitution in the Government of the United States, or in any...