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Quote#Politics & Power

The power of punishment appertains to sovereignty, and may be…

Quote byJohn Marshall · 1755–1835

Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: McCulloch v. Maryland (1819), 17 U.S. (4 Wheaton) 316, 409 and 416-418. Regarding the Necessary and Proper Clause in context of the powers of Congress..

English (original)

the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise.

— John Marshall

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