In all cases where incidental powers are acted upon, the principal and incidental ought to be congenial with each other, and partake of a common nature. The incidental power ought to be strictly subordinate and limited to the end proposed to be obtained by the specified power. In other words, under the name of accomplishing one object which is specified, the power implied ought not to be made to embrace other objects, which are not specified in the constitution.
American politician from Kentucky (1777-1852)
Henry Clay (12 April 1777 – 29 June 1852) was a leading American statesman and orator who served in both the House of Representatives and Senate. Known as "The Great Compromiser" and "The Great Pacifier" for his ability to bring others to agreement, he was the founder and leader of the Whig Party and a leading advocate of programs for modernizing the economy, especially tariffs to protect industry, a national bank and internal improvements to promote canals, ports and railroads.
From: Wikiquote (CC BY-SA 4.0)
Alternative Names:
Henry Clay, Sr.
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Henry Clay Sr.
From Wikidata (CC0)
What is the nature of this government? It is emphatically federal, vested with an aggregate of special powers for general purposes, conceded by existing sovereignties, who have themselves retained what is not so conceded. It is said that there are cases in which it must act on implied powers. This is not controverted, but the implication must be necessary, and obviously flow from enumerated power with which it is allied.
It consists in the genius of the nation, which is prone to peace; in that desire to arrange, by friendly negotiation, our disputes with all nations…. But a new state of things has arisen: negotiation has become hopeless. The power with whom it was to be conducted, if not annihilated, is in the situation that precludes it; and the subject-matter of it is in danger of being snatched forever from our power. Longer delay would be construed into a dereliction of our right, and would amount to a treachery to ourselves.