It certainly is not contained in any express grant of power, and it does not appear to be embraced in the general grant of incidental powers contained in the last clause of the Constitution relative to the powers of Congress.
Sumner emphasizes that the Constitution does not explicitly grant Congress the power to legislate on the matter at hand.
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More from Charles Sumner
Opening of United States courts to colored, XI. 389.
Contrary to Christianity, but upheld by the Church, I. 54, 58.
Early testimony of the Church against, I. 59.
Working-men of Europe, desire abolition of war, XVIII. 236.
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