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Preamble as a Source of Substantive Power
No power to enact any statute is derived from the preamblo. The Constitution is the only source of power authorizing action by any branch of the Federal Government.
Jacobson v. Massachusetts, 197 U. S. 22,
Massachusetts v. Mellon, 262 U. S. 447.
The Government can claim no powers which are not granted by the Constitution. The powers are related to each other and are all means to a common end. There is no law of nations standing between the people of the United States and their Government.
Martin v. Hunter, 1 Wheat. 326.
Buttfield v. Stranahan, 192 U. S. 492.
The United States are a Nation whose powers of government, within the sphere of action confided to it by the Constitution, are supreme and paramount. The powers of the Government are limited in number but not in degree.
in re Quarles, 158 U. S. 535.
Kohl v. U. S., 91 U. S. 372.
In construing the Constitution that which is implied is as much a part of the instrument as that which is expressed.
Ex parte Yarbrough, 110 U. S. 658.
U. S. v. Marigold, 9 How. 568.
It is not necessary, however, in order to prove the existence of a particular authority, to show a particular and express grant.
South Carolina v. U. S., 199 U. S. 451.
Distribution of Powers Among Departments
The Constitution is supreme over all the departments of the Government; anything which may be done unauthorized by it is unlawful. No department of the Government has any other powers than those delegated to it by the people. As a general rule the powers confined by the Constitution to one department can not be exercised by another.
Dodge v. Woolsey, 18 How. 347.
Kilbourn v. Thompson, 103 U. S. 190.
In connection with the preamble and as of general application and interest see also
Brown v. Maryland, 12 Wheat. 419.