“This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it,”

17 U.S. (4 Wheaton) 316, 405
McCulloch v. Maryland (1819)
Context: This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which it enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist.

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John Marshall 41
fourth Chief Justice of the United States 1755–1835

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“If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions.”

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“The incapacity for freedom can only arise from a want of moral and intellectual power; to elevate this power is the only way to counteract this want; but to do this presupposes the exercise of that power, and this exercise presupposes the freedom which awakens spontaneous activity.”

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Context: The incapacity for freedom can only arise from a want of moral and intellectual power; to elevate this power is the only way to counteract this want; but to do this presupposes the exercise of that power, and this exercise presupposes the freedom which awakens spontaneous activity. Only it is clear we cannot call it giving freedom, when fetters are unloosed which are not felt as such by him who wears them. But of no man on earth—however neglected by nature, and however degraded by circumstances—is this true of all the bonds which oppress and enthral him. Let us undo them one by one, as the feeling of freedom awakens in men’s hearts, and we shall hasten progress at every step. There may still be great difficulties in being able to recognize the symptoms of this awakening. But these do not lie in the theory so much as in its execution, which, it is evident, never admits of special rules, but in this case, as in every other, is the work of genius alone.

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“There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters.”

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