04-10-2024, 11:33 AM
I was rereading this morning a portion of the United States Supreme Court opinion in McCulloch v. Maryland, 17 U.S. 316, 404-405 (1819) and made an interesting discovery for myself. The U.S. Supreme Court's opinion was written by Chief Justice John Marshall:
"[I]n order to form a more perfect union," it was deemed necessary to change this alliance into an effective Government, possessing great and sovereign powers and acting directly on the people, the necessity of referring it to the people, and deriving its powers directly from them, was felt and acknowledged by all. The Government of the Union then (whatever may be the influence of this fact on the case) is, emphatically and truly a Government of the people.(1) In form and substance, it emanates from them.(2) Its powers are granted by them, and are to be exercised directly on them, and for their benefit.(3)
"[I]n order to form a more perfect union," it was deemed necessary to change this alliance into an effective Government, possessing great and sovereign powers and acting directly on the people, the necessity of referring it to the people, and deriving its powers directly from them, was felt and acknowledged by all. The Government of the Union then (whatever may be the influence of this fact on the case) is, emphatically and truly a Government of the people.(1) In form and substance, it emanates from them.(2) Its powers are granted by them, and are to be exercised directly on them, and for their benefit.(3)