[47] Thus annulling Art. i., 2: 3.
[48] It will be profitable to compare this amendment with the doctrine laid down in Marbury v. Madison, 1 Cranch, 137. See also The Reconciliation of Government and Liberty, J. W. Burgess (1915).
[49] The fundamental principle of judicial interpretation is laid down in Marbury v. Madison; the principle is examined in the Chapter on [The Law of Judicial Power].
[50] Art. iii.
[51] This point is elaborated and examined by the Supreme Court in the decision declaring the Civil Rights Bill of April 9, 1866, unconstitutional. Civil Rights Cases, 109 U. S., 3 (1883). The doctrine annunciated is that Congress has no power to legislate generally upon subjects, power over which is reserved to the States by the Tenth Amendment.
[52] See authorities at close of preceding Chapter; also Chapter XI.
[53] In this connection as to the President see Field v. Clark, 143 U. S., 649 (1892).
[54] Art. i., 8: 18.
[55] Preamble. As to “necessary and proper,” see United States v. Fisher, 2 Cranch, 396; McCulloch v. Maryland, 4 Wheaton, 421.
[56] U. S. v. Fisher, supra.