This
specification of particulars evidently excludes all pretension to a
general legislative authority, because an affirmative grant of special
powers would be absurd, as well as useless, if a general authority was
intended.
In like manner the judicial authority of the federal judicatures is
declared by the Constitution to comprehend certain cases particularly
specified. The expression of those cases marks the precise limits,
beyond which the federal courts cannot extend their jurisdiction,
because the objects of their cognizance being enumerated, the
specification would be nugatory if it did not exclude all ideas of more
extensive authority.
These examples are sufficient to elucidate the maxims which have been
mentioned, and to designate the manner in which they should be used. But
that there may be no misapprehensions upon this subject, I shall add one
case more, to demonstrate the proper use of these maxims, and the abuse
which has been made of them.
Let us suppose that by the laws of this State a married woman was
incapable of conveying her estate, and that the legislature, considering
this as an evil, should enact that she might dispose of her property by
deed executed in the presence of a magistrate.
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