But the idea of an enumeration of particulars which
neither explain nor qualify the general meaning, and can have no other
effect than to confound and mislead, is an absurdity, which, as we are
reduced to the dilemma of charging either on the authors of the
objection or on the authors of the Constitution, we must take the
liberty of supposing, had not its origin with the latter.
The objection here is the more extraordinary, as it appears that the
language used by the convention is a copy from the articles of
Confederation. The objects of the Union among the States, as described
in article third, are "their common defense, security of their
liberties, and mutual and general welfare." The terms of article eighth
are still more identical: "All charges of war and all other expenses
that shall be incurred for the common defense or general welfare, and
allowed by the United States in Congress, shall be defrayed out of a
common treasury," etc. A similar language again occurs in article ninth.
Construe either of these articles by the rules which would justify the
construction put on the new Constitution, and they vest in the existing
Congress a power to legislate in all cases whatsoever.
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