To make a thing which may be
bought and sold, is not to prescribe regulations for buying and
selling. Besides, if this was an exercise of the power of regulating
commerce, it would be void, as extending as much to the internal
commerce of every State, as to its external. For the power given to
Congress by the Constitution does not extend to the internal
regulation of the commerce of a State, (that is to say of the
commerce between citizen and citizen,) which remain exclusively with
its own legislature; but to its external commerce only, that is to
say, its commerce with another State, or with foreign nations, or
with the Indian tribes. Accordingly the bill does not propose the
measure as a regulation of trade, but as "productive of considerable
advantages to trade." Still less are these powers covered by any
other of the special enumerations.
II. Nor are they within either of the general phrases, which
are the two following: --
1. To lay taxes to provide for the general welfare of the
United States, that is to say, "to lay taxes for _the purpose_ of
providing for the general welfare." For the laying of taxes is the
_power_, and the general welfare the _purpose_ for which the power is
to be exercised. They are not to lay taxes _ad libitum for any
purpose they please_; but only _to pay the debts or provide for the
welfare of the Union_.
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