Speech #430019348

But we ought not hastily to conclude that no such law can be framed. for to conclude that. is to say that there is in the Constitution a power that should forever remain dormant. I do not think it was the idea of the framers of tIme Constitution that there should be any dormant powers in it. When they said to theCongress. "You shll ]lave power to establish a uniform runle of naturalization." they meant that sich a rule should be established. and when they said. "You shall have power to pass uniform laws oin the subject of bankrupteies throughout the United States." tiey did not mean that that power shomild be a nullity or that it should be dormant. They thought there were good aid sufflcient reasons for vesting it in you. and if they vested the power in you. they thought there would bea correlative duty upon you to exercise itof course to exercise it wisely. and if it should so turn out. contrary to their expectations. that it could not be exercised at all without injury to the public and without doing injustice. then that extreme case. not foreseen by them. not contentplated by them. must prevent any law upon the subject at all. But once more I repeat. we ought not to be hasty in our conclusion tcat it is impossible to execute an express power of the Constitution without doing more harm than good.