Note 59 — Chapter II · THE LAW OF LEGISLATIVE POWERS (1)
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McCulloch v. Maryland, 4 Wheaton, 316 (1819). Many later decisions apply this principle.
For an examination of the character and scope of the Legislative Department, see
Taylor v. Place, 4 R. I., 324 (1856); Dalby v. Wolf, 14 Iowa, 228 (1862); Stone v. City of Charleston, 114 Mass., 214 (1873); Barrno v. Baltimore, 7 Peters, 243 (1833); Calder v. Bull, 3 Dallas, 386 (1798).
The powers of Congress over taxation, commerce, the currency, war, territories, outlying possessions, etc., are particularly examined under appropriate headings in later chapters.
In addition to cases cited in the present Chapter, and to the above, and relating to the powers of Congress, see Gibbons v. Ogden, 9 Wheaton, 1 (1824); The Mayor, etc., of the City of New York v. Miln, 11 Peters, 102 (1837); The License Cases, 5 Howard, 504 (1847); Sinnot v. Davenport, 22 Howard, 227 (1859); Gilman v. Philadelphia, 3 Wallace, 713 (1865); Henderson et al. Mayor of the City of New York, et al. Commissioners of Immigration v. North German Lloyd, 92 U. S., 259 (1875); Hull v. De Cuir, 95 U. S., 485 (1877); Pensacola Telegraph Co. v. Western Union Telegraph Co., 96 U. S., 1 (1877); County of Mobile v. Kimball, 102 U. S., 691 (1880); Williamette Iron Bridge Co. v. Hatch, 125 U. S., 1 (1888).
The best brief treatise on the legislative in America is American Legislatures and Legislative Methods, by Paul S. Reinsch, 1907; the most exhaustive and authoritative treatise is Constitutional Limitations, by Thomas M. Cooley. The general powers of Congress are discussed by Justice Story in his Commentaries on the Constitution, and by Chancellor Kent in his Commentaries on American Law.
See also the authorities cited in the present work on The Law of the Judicial Power.