therefore, clearly entitle them to assume a general guardianship over
the morals of the people of the United States. Again, nothing can have a
greater tendency to ensure obedience to law, and nothing can be more
likely to check every propensity to resistance to government, than
virtuous and wise education; therefore Congress must have power to
subject all the youth of the United States to a certain system of
education. It would be very easy to connect every sort of authority used
by any government with the well-being of the General Government, and
with as much reason as the committee had for their opinion, to assign
the power to Congress, although the consequence must be the prostration
of the State governments.

But enough has been said to show the necessity of adhering to the common
meaning of the word "necessary" in the clause under consideration, which
is, that the power to be assumed must be one without which some one of
the enumerated powers cannot exist or be maintained. It cannot escape
notice, however, that the doctrine contended for, that the
Administration must be protected against writings which are likely to
bring it into contempt, as tending to opposition, will apply with more
force to truth than falsehood. It cannot be denied that the discovery of
maladministration will bring more lasting discredit on the government of
a country than the same charges would if untrue. This is not an alarm
founded merely on construction, for the governments which have exercised
control over the press have carried it the whole length. This is
notoriously the law of England, whence this system has been drawn; for
there truth and falsehood are alike subject to punishment, if the
publication brings contempt on the officers of government.

The law has been current by the fair pretence of punishing nothing but
falsehood, and by holding out to the accused the liberty of proving the