islation."

A description of our present form of government is far from being
contained in the instrument adopted in 1788. For example, the
constitution makes no mention of how business shall be transacted by the
legislature. Committee Government in Congress owes its existence to no
provision of the constitution. The only mention made in the constitution
of the Speaker of the House, to-day the most powerful officer in the
legislature, is where it is provided that "The House of Representatives
shall choose their speaker and other officers." All executive
departments--the State, War, Navy, Treasury, Post Office, Interior,
Justice, Agriculture, and Labor--have been created from time to time by
act of Congress. Regarding the structure and number of federal courts,
the constitution merely provides that "The judicial power of the United
States shall be vested in one Supreme Court, and in such inferior courts
as Congress may from time to time ordain and establish." Our elaborate
system of district, circuit, and territorial courts, rests solely upon
congressional enactments. So, too, the constitution gives to Congress
the control of territories, but does not provide how that control shall
be exercised.

The framers of our constitution were wise in not attempting to specify
more particularly than they did, the manner in which the several powers
granted to the Federal Government should be exercised. They realized
that they were forming a scheme that was to endure for many years, and
that if it was to be capable of meeting the needs of a changing and
rapidly growing country, it would have to be elastic, and contain within
itself the power of adapting itself to new needs and conditions. To
secure the beneficial execution of the powers granted, Congress was
given the power of selecting appropriate means. To have refused the
grant of this power, would have been to attempt to provide by
unchangeable rule for emergencies that could by no possibilities be
foreseen. Or, as Chief Justice Marshall has put it, "It would have been
to deprive the legislature of the capacity to avail itself of
experience, to exercise its reason, and to accommodate its legislation
to circumstances."

After enumerating the various particular powers given to the Federal
Legislature, the constitution further says (Art. I, Sec. 8) "and [shall
have power] to make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and al