[The Life of George Washington, Vol. 4 (of 5) by John Marshall]@TWC D-Link book
The Life of George Washington, Vol. 4 (of 5)

CHAPTER VII
81/90

Thus a mercantile company is formed with a certain capital for the purpose of carrying on a particular branch of business.

The business to be prosecuted is the _end_.

The association in order to form the requisite capital is the primary _mean_.

Let an incorporation be added, and you only add a new quality to that association which enables it to prosecute the business with more safety and convenience.
The association when incorporated still remains the _mean_, and can not become the _end_.
To this reasoning respecting the inherent right of government to employ all the means requisite to the execution of its specified powers, it is objected, that none but _necessary_ and _proper_ means can be employed; and none can be _necessary_, but those without which the grant of the power would be nugatory.

So far has this restrictive interpretation been pressed as to make the case of _necessity_ which shall warrant the constitutional exercise of a power, to depend on casual and temporary circumstances; an idea, which alone confutes the construction.


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