Note 242 — Chapter III · The Power of Congress to Establish Postroads

In his Commentaries, Story devotes twenty pages to an exposition of both sides of the controversy and concludes: “The reader must decide for himself, upon the preponderance of the argument.” Vol. iii, p. 46. The incident of submitting the message to the Supreme Court is given in detail by Schouler, History of the United States, vol. iii, p. 254 ff. As to advisory opinions, see 1 Willoughby on the Constitution, 13, and Thayer, Cases on Constitutional Law, vol. i, p. 175.