Note 72 — Chapter I · FREEDOM OF SPEECH IN WAR TIME
Reading edition
United States Constitution, Art. I, § 1: “All legislative powers herein granted shall be vested in a Congress.” Amendment X: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.”
“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.”—Marshall, C. J., in McCulloch v. Maryland, 4 Wheat. (U. S.) 316, 405 (1819). See also Taney, C. J., in Ex parte Merryman, Taney, 236, 260 (1861), and Brewer, J., in Kansas v. Colorado, 206 U. S. 46, 81 (1907).