McCulloch v. Maryland (1819)
Citation: McCulloch v.
引用：麦卡洛克诉。
Maryland Decision; 3/6/1819; Engrossed Minutes, 2/1790 - 6/7/1954; Records of the Supreme Court of the United States, Record Group 267; National Archives Building, Washington, DC.
马里兰州决定； 1819 年 3 月 6 日；全神贯注的分钟，2/1790 - 6/7/1954；美国最高法院记录，Record Group 267；国家档案馆，华盛顿特区。
This Supreme Court Case addressed the issue of Federal power and commerce.
该最高法院案件涉及联邦权力和商业问题。
In the landmark Supreme Court case McCulloch v.
在具有里程碑意义的最高法院案件麦卡洛克诉。
Maryland , Chief Justice John Marshall handed down one of his most important decisions regarding the expansion of Federal power.
马里兰州首席大法官约翰·马歇尔做出了有关扩大联邦权力的最重要决定之一。
This case involved the power of Congress to charter a bank, which sparked the even broader issue of the division of powers between state and the Federal Government.
此案涉及国会特许银行的权力，引发了州与联邦政府之间更广泛的权力划分问题。
In 1816 Congress established the Second National Bank to help control the amount of unregulated currency issued by state banks.
1816 年，国会成立了第二国家银行，以帮助控制国家银行发行的不受监管的货币数量。
Many states questioned the constitutionality of the national bank, and Maryland set a precedent by requiring taxes on all banks not chartered by the state.
许多州质疑国家银行的合宪性，马里兰州开创了先例，要求对所有非该州特许的银行征税。
In 1818 the State of Maryland approved legislation to impose taxes on the Second National Bank chartered by Congress.
1818 年，马里兰州批准立法，对国会特许的第二国家银行征税。
James W.
詹姆斯·W.
McCulloch, a Federal cashier at the Baltimore branch of the U.S. bank, refused to pay the taxes imposed by the state.
麦卡洛克是美国银行巴尔的摩分行的联邦出纳员，他拒绝缴纳该州征收的税款。
Maryland filed a suit against McCulloch in an effort to collect the taxes.
马里兰州对麦卡洛克提起诉讼，试图征收税款。
The Supreme Court, however, decided that the chartering of a bank was an implied power of the Constitution, under the “elastic clause,” which granted Congress the authority to “make all laws which shall be necessary and proper for carrying into execution” the work of the Federal Government.
然而，最高法院裁定，根据“弹性条款”，银行的特许是宪法的隐含权力，该条款授予国会“制定执行联邦政府工作所需和适当的所有法律”的权力。
This case presented a major issue that challenged the Constitution: Does the Federal Government hold sovereign power over states?
本案提出了一个挑战宪法的重大问题：联邦政府是否拥有对各州的主权？
The proceedings posed two questions: Does the Constitution give Congress power to create a bank?
诉讼程序提出了两个问题：宪法是否赋予国会创建银行的权力？
And could individual states ban or tax the bank?
个别州可以禁止银行或对银行征税吗？
The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.
法院裁定联邦政府有权设立联邦银行，各州无权向联邦政府征税。
Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."
马歇尔做出了有利于联邦政府的裁决，并得出结论：“征税的权力涉及破坏的权力。”
This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.
该文档可在 DocsTeach 上找到，这是一个使用国家档案馆文档进行教学的在线工具。
Find teaching activities that incorporate this document, or create your own online activity .
查找包含本文档的教学活动，或创建您自己的在线活动。
Chief Justice Marshall delivered the opinion of the Court.
首席大法官马歇尔宣读了法院的意见。
In the case now to be determined, the defendant, a sovereign State, denies the obligation of a law enacted by the legislature of the Union, and the plaintiff, on his part, contests the validity of an act which has been passed by the legislature of that State.
在现在待决的案件中，被告（一个主权国家）否认联邦立法机关颁布的法律的义务，而原告则对该州立法机关通过的法案的有效性提出质疑。
The constitution of our country, in its most interesting and vital parts, is to be considered; the conflicting powers of the government of the Union and of its members, as marked in that constitution, are to be discussed; and an opinion given, which may essentially influence the great operations of the government.
我们国家的宪法，其最有趣和最重要的部分，都值得考虑；将讨论宪法中规定的联邦政府及其成员的权力冲突；以及所提出的意见，可能对政府的重大运作产生重大影响。
No tribunal can approach such a question without a deep sense of its importance, and of the awful responsibility involved in its decision.
如果没有深刻认识到这个问题的重要性以及其裁决所涉及的可怕责任，任何法庭都无法处理这个问题。
But it must be decided peacefully, or remain a source of hostile legislation, perhaps of hostility of a still more serious nature; and if it is to be so decided, by this tribunal alone can the decision be made.
但它必须以和平方式做出决定，否则仍然会成为敌对立法的根源，也许是性质更加严重的敌对行为；如果要作出这样的决定，则只能由本法庭作出决定。
On the Supreme Court of the United States has the constitution of our country devolved this important duty.
我国宪法赋予了美国最高法院这一重要职责。
The first question made in the cause is, has Congress power to incorporate a bank?
诉讼中提出的第一个问题是，国会是否有权组建银行？
It has been truly said that this can scarcely be considered as an open question, entirely unprejudiced by the former proceedings of the nation respecting it.
确实可以说，这几乎不能被视为一个悬而未决的问题，完全不受国家以前尊重它的程序的影响。
The principle now contested was introduced at a very early period of our history, has been recognized by many successive legislatures, and has been acted upon by the judicial department, in cases of peculiar delicacy, as a law of undoubted obligation.
现在所争议的原则是在我们历史的很早时期就提出的，已被许多历届立法机关所承认，并已被司法部门在特殊微妙的情况下作为毫无疑问的义务的法律采取行动。
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The power now contested was exercised by the first Congress elected under the present constitution.
现在争夺的权力是由根据现行宪法选出的第一届国会行使的。
The bill for incorporating the bank of the United States did not steal upon an unsuspecting legislature, and pass unobserved.
合并美国银行的法案并没有在毫无戒心的立法机关偷偷通过，也没有被人察觉。
Its principle was completely understood, and was opposed with equal zeal and ability.
它的原理被完全理解，并以同样的热情和能力反对。
After being resisted, first in the fair and open field of debate, and afterwards in the executive cabinet, with as much persevering talent as any measure has ever experienced, and being supported by arguments which convinced minds as pure and as intelligent as this country can boast, it became a law.
首先是在公平和公开的辩论领域，然后是在行政内阁中，在受到了任何措施所经历过的坚持不懈的抵制之后，并得到了说服这个国家所夸耀的纯洁和聪明的思想的论据的支持，它成为了一项法律。
The original act was permitted to expire; but a short experience of the embarrassments to which the refusal to revive it exposed the government, convinced those who were most prejudiced against the measure of its necessity, and induced the passage of the present law.
原法案被允许失效；但是，由于政府短暂地经历了拒绝恢复该法案而陷入的尴尬，使那些对其必要性抱有最大偏见的人确信无疑，并促使现行法律的通过。
It would require no ordinary share of intrepidity to assert that a measure adopted under these circumstances was a bold and plain usurpation, to which the constitution gave no countenance.
不需要任何普通的勇气就可以断言在这种情况下采取的措施是大胆而明显的篡夺，宪法不予支持。
These observations belong to the cause; but they are not made under the impression that, were the question entirely new, the law would be found irreconcilable with the constitution.
这些观察结果属于原因；但他们并不认为，如果这个问题是全新的，法律就会与宪法不相容。
In discussing this question, the counsel for the State of Maryland have deemed it of some importance, in the construction of the constitution, to consider that instrument not as emanating from the people, but as the act of sovereign and independent States.
在讨论这个问题时，马里兰州律师认为，在制定宪法时，考虑到该文书不是来自人民，而是主权和独立国家的行为，这一点很重要。
The powers of the general government, it has been said, are delegated by the States, who alone are truly sovereign; and must be exercised in subordination to the States, who alone possess supreme dominion.
据说，联邦政府的权力是由各州授予的，只有各州才拥有真正的主权。行使权力必须服从各州，只有各州拥有最高统治权。
It would be difficult to sustain this proposition.
这个提议很难成立。
The Convention which framed the constitution was indeed elected by the State legislatures.
制定宪法的国民公会确实是由州立法机构选举产生的。
But the instrument, when it came from their hands, was a mere proposal, without obligation, or pretensions to it.
但当这个文书出自他们之手时，它只是一个提议，没有任何义务或要求。
It was reported to the then existing Congress of the United States, with a request that it might "be submitted to a convention of delegates, chosen in each State by the people thereof, under the recommendation of its legislature, for their assent and ratification." This mode of proceeding was adopted; and by the convention, by Congress, and by the State legislatures, the instrument was submitted to the people.
该法案被报告给当时的美国国会，并要求“将其提交给各州人民根据其立法机构的建议选出的代表大会，以供其同意和批准”。采用了这种处理方式；通过大会、国会和州立法机构，该文书被提交给人民。
They acted upon it in the only manner in which they can act safely, effectively, and wisely, on such a subject, by assembling in convention.
他们以在这一主题上能够安全、有效和明智地采取行动的唯一方式，即按照惯例集会。
It is true, they assembled in their several States -- and where else should they have assembled?
确实，他们在各自的州集会——他们还应该在哪里集会呢？
No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass.
没有哪个政治梦想家会疯狂地想到要打破各州之间的界限，将美国人民凝聚成一个共同的群体。
Of consequence, when they act, they act in their States.
因此，当他们采取行动时，他们是在自己的州采取行动。
But the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the State governments.
但他们采取的措施并不因此而不再是人民自己的措施，或者成为州政府的措施。
From these conventions the constitution derives its whole authority.
宪法的全部权威源自这些公约。
The government proceeds directly from the people; is "ordained and established" in the name of the people; and is declared to be ordained, "in order to form a more perfect union, establish justice, ensure domestic tranquility, and secure the blessings of liberty to themselves and to their posterity." The assent of the States, in their sovereign capacity, is implied in calling a convention, and thus submitting that instrument to the people.
政府直接从人民那里获得收益；以人民的名义“任命和设立”；并宣布被任命为“为了形成一个更完美的联邦，建立正义，确保国内安宁，并确保他们自己和子孙后代获得自由的祝福”。召集一项公约，并将该文书提交给人民，就意味着各国以其主权身份的同意。
But the people were at perfect liberty to accept or reject it; and their act was final.
但人民有完全的自由接受或拒绝它。他们的行为是最终的。
It required not the affirmance, and could not be negatived, by the State governments.
它不需要州政府的肯定，也不能被州政府否定。
The constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.
宪法一旦获得通过，就具有完全的义务，并约束国家主权。
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of this fact on the case), is, emphatically, and truly, a government of the people.
这个事实），是，明确的，真正的，人民的政府。
In form and in substance it emanates from them.
无论在形式上还是在实质上，它都源于他们。
Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
其权力由他们授予，并直接对他们行使，并为他们的利益服务。
This government is acknowledged by all to be one of enumerated powers.
所有人都承认这个政府是列举的权力之一。
The principle, that it can exercise only the powers granted to it, [is] now universally admitted.
它只能行使授予它的权力这一原则现已得到普遍承认。
But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist.
但是，只要我们的制度存在，有关实际授予权力范围的问题就会不断出现，并且可能会继续出现。
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Among the enumerated powers, we do not find that of establishing a bank or creating a corporation.
在列举的权力中，我们没有发现设立银行或创建公司的权力。
But there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described.
但该文书中没有任何条款像邦联条款一样排除附带或默示的权力；这要求所授予的一切都应得到明确、详细的描述。
Even the 10th amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly," and declares only that the powers "not delegated to the United States, nor prohibited to the States, are reserved to the States or to the people"; thus leaving the question, whether the particular power which may become the subject of contest has been delegated to the one government, or prohibited to the other, to depend on a fair construction of the whole instrument.
就连旨在平息人们所激起的过度嫉妒的第十修正案也省略了“明确”一词，而仅宣布“不授予合众国、也不禁止各州的权力，保留给各州或人民”；因此，留下的问题是，是否将可能成为争议主题的特定权力授予一国政府，还是禁止另一国政府，这取决于整个文书的公平解释。
The men who drew and adopted this amendment had experienced the embarrassments resulting from the insertion of this word in the articles of confederation, and probably omitted it to avoid those embarrassments.
起草和通过这项修正案的人经历过在联邦条款中插入这个词所带来的尴尬，并且可能为了避免这些尴尬而省略了它。
A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
一部宪法若要包含其巨大权力所允许的所有细则以及执行这些细则的所有手段的准确细节，就会像一部法典一样冗长，而且很难被人类的头脑所接受。
It would probably never be understood by the public.
可能永远不会被公众理解。
Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.
因此，它的性质要求只应标记其大轮廓，指定其重要对象，并从对象本身的性质中推断出构成这些对象的次要成分。
That this idea was entertained by the framers of the American constitution, is not only to be inferred from the nature of the instrument, but from the language.
美国宪法的制定者所接受的这一想法不仅可以从文书的性质中推断出来，而且可以从语言中推断出来。
Why else were some of the limitations, found in the ninth section of the 1st article, introduced?
为什么要引入第一篇文章第九节中发现的一些限制？
It is also, in some degree, warranted by their having omitted to use any restrictive term which might prevent its receiving a fair and just interpretation.
在某种程度上，他们也省略了使用任何可能妨碍其得到公平公正解释的限制性术语。
In considering this question, then, we must never forget that it is a constitution we are expounding.
那么，在考虑这个问题时，我们决不能忘记，我们正在阐述的是一部宪法。
Although, among the enumerated powers of government, we do not find the word "bank," or "incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies.
尽管在列举的政府权力中，我们没有找到“银行”或“公司”这个词，但我们发现了征收和征税的巨大权力；借钱；规范商业；宣战和进行战争；并筹集和支持陆军和海军。
The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are entrusted to its government.
刀剑和钱袋、一切对外关系以及国家工业的很大一部分都委托给政府。
It can never be pretended that these vast powers draw after them others of inferior importance, merely because they are inferior.
决不能假装这些强大的力量仅仅因为它们低等而吸引其他不那么重要的力量追随它们。
Such an idea can never be advanced.
这样的想法永远无法推进。
But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution.
但是，我们可以有充分的理由争辩说，一个被赋予如此充足权力的政府，国家的幸福和繁荣至关重要，它的适当执行也必须被赋予充足的执行手段。
The power being given, it is the interest of the nation to facilitate its execution.
赋予权力后，促进其执行符合国家利益。
It can never be their interest, and cannot be presumed to have been their intention, to clog and embarrass its execution by withholding the most appropriate means.
通过不采取最适当的手段来阻碍和阻碍其执行，绝不符合他们的利益，也不能被认为是他们的意图。
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require it) which would impute to the framers of that instrument, when granting these powers for the public good, the intention of impeding their exercise by withholding a choice of means?
要求）这会导致该文书的制定者在为了公共利益而授予这些权力时，意图通过拒绝选择手段来阻碍其行使？
If, indeed, such be the mandate of the constitution, we have only to obey; but that instrument does not profess to enumerate the means by which the powers it confers may be executed; nor does it prohibit the creation of a corporation, if the existence of such a being be essential to the beneficial exercise of those powers.
如果这确实是宪法的授权，我们只需服从；但该文书并未列举其所赋予权力的执行方式；如果公司的存在对于有效行使这些权力至关重要，也不禁止成立公司。
It is, then, the subject of fair inquiry, how far such means may be employed.
那么，这种手段可以运用到什么程度，就是公平询问的主题。
It is not denied, that the powers given to the government imply the ordinary means of execution.
不可否认的是，赋予政府的权力意味着普通的执行手段。
That, for example, of raising revenue, and applying it to national purposes, is admitted to imply the power of conveying money from place to place, as the exigencies of the nation may require, and of employing the usual means of conveyance.
例如，增加收入并将其用于国家目的，被认为意味着根据国家的紧急情况将资金从一个地方转移到另一个地方的权力，以及使用通常的运输手段的权力。
But it is denied that the government has its choice of means; or, that it may employ the most convenient means, if, to employ them, it be necessary to erect a corporation.
但否认政府有其选择的手段；或者，如果要使用这些手段必须成立一家公司，则可以采用最方便的手段。
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The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.
有权采取某项行动并赋予其实施该行动的义务的政府，必须根据理性的要求选择采取的手段；那些认为它不能选择任何适当手段、实现该目标的一种特定方式被排除的人，自己承担了确立该例外的责任。
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The power of creating a corporation, though appertaining to sovereignty, is not like the power of making war, or levying taxes, or of regulating commerce, a great substantive and independent power, which cannot be implied as incidental to other powers, or used as a means of executing them.
创建公司的权力虽然属于主权，但它不像发动战争、征税或监管商业的权力，是一种巨大的实质性和独立的权力，不能暗示其他权力是附带的，也不能用作执行这些权力的手段。
It is never the end for which other powers are exercised, but a means by which other objects are accomplished.
它绝不是行使其他权力的目的，而是实现其他目标的手段。
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The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else.
创建公司的权力从来不是为了自身的利益而使用，而是为了实现其他目的。
No sufficient reason is, therefore, perceived, why it may not pass as incidental to those powers which are expressly given, if it be a direct mode of executing them.
No sufficient reason is, therefore, perceived, why it may not pass as incidental to those powers which are expressly given, if it be a direct mode of executing them.
But the constitution of the United States has not left the right of Congress to employ the necessary means, for the execution of the powers conferred on the government, to general reasoning.
但美国宪法并没有将国会采取必要手段来执行赋予政府的权力的权利留给一般推理。
To its enumeration of powers is added that of making "all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States, or in any department thereof."
在其权力列举中还添加了制定“为执行上述权力以及本宪法赋予美国政府或其任何部门的所有其他权力而必需和适当的所有法律”。
The counsel for the State of Maryland have urged various arguments, to prove that this clause, though in terms a grant of power, is not so in effect; but is really restrictive of the general right, which might otherwise be implied, of selecting means for executing the enumerated powers.
马里兰州的律师提出了各种论据，以证明该条款虽然在授予权力方面，但实际上并非如此；但实际上限制了选择执行所列举权力的手段的一般权利，否则可能暗示这种权利。
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Almost all compositions contain words, which, taken in their rigorous sense, would convey a meaning different from that which is obviously intended.
几乎所有的作品都包含单词，从严格的意义上来说，这些单词所传达的含义与明显的意图不同。
It is essential to just construction, that many words which import something excessive should be understood in a more mitigated sense -- in that sense which common usage justifies.
对于公正的解释来说，至关重要的是，许多具有过度含义的词语应该以一种更温和的方式来理解——在普通用法所证明的那种意义上。
The word "necessary" is of this description.
“必要”这个词就是这样描述的。
It has not a fixed character peculiar to itself.
它没有自己特有的固定特征。
It admits of all degrees of comparison; and is often connected with other words, which increase or diminish the impression the mind receives of the urgency it imports.
它允许各种程度的比较；并且经常与其他词语联系在一起，这些词语会增加或减少人们对其所输入的紧迫性的印象。
A thing may be necessary, very necessary, absolutely or indispensably necessary.
某件事可能是必要的、非常必要的、绝对必要的或不可或缺的必要。
To no mind would the same idea be conveyed by these several phrases.
对于任何人来说，这几个短语都不会传达相同的想法。
This comment on the word is well illustrated by the passage cited at the bar, from the 20th section of the 1st article of the constitution.
律师协会引用的宪法第 1 条第 20 节的段落很好地说明了对该词的评论。
It is, we think, impossible to compare the sentence which prohibits a State from laying "imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws," with that which authorizes Congress "to make all laws which shall be necessary and proper for carrying into execution" the powers of the general government, without feeling a conviction that the convention understood itself to change materially the meaning of the word "necessary," by prefixing the word "absolutely." This word, then, like others, is used in various senses; and, in its construction, the subject, the context, the intention of the person using them, are all to be taken into view.
我们认为，不可能将禁止国家征收“进口或出口关税，除非执行其检验法绝对必要”的句子与授权国会“制定执行所有必要和适当的法律”作为联邦政府的权力的句子，而不相信公约理解自己通过在前面加上“绝对”一词来实质性地改变“必要”一词的含义。那么，这个词就像其他词一样，有多种含义。并且，在其构建过程中，主题、背景、使用它们的人的意图都需要考虑在内。
Let this be done in the case under consideration.
让我们在考虑的情况下这样做。
The subject is the execution of those great powers on which the welfare of a nation essentially depends.
主题是一个国家福祉本质上依赖的那些大国的执行。
It must have been the intention of those who gave these powers, to insure, as far as human prudence could insure, their beneficial execution.
赋予这些权力的人的意图一定是，在人类谨慎的情况下，确保这些权力得到有益的执行。
This could not be done by confiding the choice of means to such narrow limits as not to leave it in the power of Congress to adopt any which might be appropriate, and which were conducive to the end.
要做到这一点，不能通过将手段的选择限制在如此狭窄的范围内，以致国会没有权力采取任何可能适当的、有利于最终目标的手段。
This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.
这一规定是在宪法中制定的，旨在长期有效，并因此适应人类事务的各种危机。
To have prescribed the means by which government should, in all future time, execute its powers, would have been to change, entirely, the character of the instrument, and give it the properties of a legal code.
规定政府在未来的任何时间执行其权力的手段，就等于彻底改变该文书的性质，并赋予其法典的属性。
It would have been an unwise attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur.
It would have been an unwise attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur.
To have declared that the best means shall not be used, but those alone without which the power given would be nugatory, 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.
To have declared that the best means shall not be used, but those alone without which the power given would be nugatory, 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.
If we apply this principle of construction to any of the powers of the government, we shall find it so pernicious in its operation that we shall be compelled to discard it.
如果我们将这一解释原则应用于政府的任何权力，我们将发现它在运作中是如此有害，以至于我们将被迫放弃它。
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The result of the most careful and attentive consideration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the powers of Congress, or to impair the rights of the legislature to exercise its best judgment in the selection of measures to carry into execution the constitutional powers of the government.
对这一条款进行最仔细和周到考虑的结果是，如果它不扩大，就不能被解释为限制国会的权力，或损害立法机关在选择措施以执行政府宪法权力时行使其最佳判断的权利。
If no other motive for its insertion can be suggested, a sufficient one is found in the desire to remove all doubts respecting the right to legislate on that vast mass of incidental powers which must be involved in the constitution, if that instrument be not a splendid bauble.
If no other motive for its insertion can be suggested, a sufficient one is found in the desire to remove all doubts respecting the right to legislate on that vast mass of incidental powers which must be involved in the constitution, if that instrument be not a splendid bauble.
We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended.
我们承认，正如所有人都必须承认的那样，政府的权力是有限的，而且其界限是不可超越的。
But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.
让目的合法，让它在宪法的范围之内，一切适当的、明显适应该目的的、不被禁止的、但符合宪法文字和精神的手段，都是宪法的。
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Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government; it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.
国会在行使其权力时是否采取宪法禁止的措施；或者国会是否应该以行使其权力为借口，通过法律来实现不委托给政府的目标？ it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.
But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
This court disclaims all pretensions to such a power.
本法院否认任何对这种权力的主张。
After this declaration, it can scarcely be necessary to say that the existence of State banks can have no possible influence on the question.
在这一声明之后，几乎没有必要说国家银行的存在对这个问题没有任何影响。
No trace is to be found in the constitution of an intention to create a dependence of the government of the Union on those of the States, for the execution of the great powers assigned to it.
No trace is to be found in the constitution of an intention to create a dependence of the government of the Union on those of the States, for the execution of the great powers assigned to it.
Its means are adequate to its ends; and on those means alone was it expected to rely for the accomplishment of its ends.
它的手段足以达到它的目的；人们期望它仅依靠这些手段来实现其目的。
To impose on it the necessity of resorting to means which it cannot control, which another government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other governments, which might disappoint its most important designs, and is incompatible with the language of the constitution.
强加给它诉诸它无法控制的手段（其他政府可能会提供或保留）的必要性，将使其进程不稳定，其措施的结果不确定，并产生对其他政府的依赖，这可能会使其最重要的设计落空，并且与宪法的语言不相容。
But were it otherwise, the choice of means implies a right to choose a national bank in preference to State banks, and Congress alone can make the election.
但如果不是这样，手段的选择意味着优先选择国家银行而不是国家银行的权利，并且只有国会才能进行选举。
After the most deliberate consideration, it is the unanimous and decided opinion of this Court, that the act to incorporate the Bank of the United States is a law made in pursuance of the constitution, and is a part of the supreme law of the land.
经过最深思熟虑的考虑，本法院一致决定，成立美国银行的法案是根据宪法制定的法律，是国家最高法律的一部分。
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It being the opinion of the Court, that the act incorporating the bank is constitutional; and that the power of establishing a branch in the State of Maryland might be properly exercised by the bank itself, we proceed to inquire --
法院认为，设立银行的行为符合宪法；并且银行本身可以适当行使在马里兰州设立分行的权力，我们继续询问——
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Whether the State of Maryland may, without violating the constitution, tax that branch?
马里兰州是否可以在不违反宪法的情况下对该部门征税？
That the power of taxation is one of vital importance; that it is retained by the States; that it is not abridged by the grant of a similar power to the government of the Union; that it is to be concurrently exercised by the two governments: are truths which have never been denied.
税收权力是至关重要的权力之一；由各州保留；该权力不会因为授予联邦政府类似的权力而被削弱；由两国政府同时行使：这是从未被否认的事实。
But, such is the paramount character of the constitution, that its capacity to withdraw any subject from the action of even this power, is admitted.
但是，宪法的最重要的特征是它有能力将任何主体从这一权力的行动中撤回，这一点是被承认的。
The States are expressly forbidden to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws.
各国明确禁止对进口或出口征收任何关税，除非执行其检验法绝对必要。
If the obligation of this prohibition must be conceded, the same paramount character would seem to restrain, as it certainly may restrain, a State from such other exercise of this power; as is in its nature incompatible with, and repugnant to, the constitutional laws of the Union.
如果必须承认这项禁止的义务，那么同样的至高无上的性质似乎会限制（而且肯定会限制）一个国家以其他方式行使这一权力；因为其本质上与联邦宪法不相容且令人反感。
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On this ground the counsel for the bank place its claim to be exempted from the power of a State to tax its operations.
基于此，该银行的律师主张免除国家对其业务征税的权力。
There is no express provision for the case, but the claim has been sustained on a principle which so entirely pervades the constitution, is so intermixed with the materials which compose it, so interwoven with its web, so blended with its texture, as to be incapable of being separated from it, without rending it into shreds.
本案没有明确的规定，但该权利要求所依据的原则是完全渗透到宪法中的，与组成宪法的材料如此混合，与宪法的网交织在一起，与宪法的结构混合在一起，以至于无法将其分离，除非将其撕成碎片。
This great principle is, that the constitution and the laws made in pursuance thereof are supreme; that they control the constitution and laws of the respective States, and cannot be controlled by them.
这个伟大的原则是，宪法和依据宪法制定的法律具有至高无上的地位；他们控制各自州的宪法和法律，并且不能被它们控制。
From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application to this case, the cause has been supposed to depend.
从这个几乎可以被称为公理的命题，可以推导出其他命题作为推论，其原因被认为依赖于这些推论的正确性或错误性，以及它们在本例中的应用。
These are, 1st.
这些是，第一。
that a power to create implies a power to preserve.
创造的力量意味着保存的力量。
2nd.
第二。
That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve.
破坏的力量如果由另一只手掌握，就会与创造和维护的力量敌对且不相容。
3d.
3d.
That where this repugnancy exists, that authority which is supreme must control, not yield to that over which it is supreme.
在存在这种反感的地方，最高权威必须加以控制，而不是屈服于它所管辖的最高权威。
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That the power of taxing by the States may be exercised so as to destroy it, is too obvious to be denied.
各州行使征税权可能会摧毁它，这一点是显而易见的，不容否认。
But taxation is said to be an absolute power, which acknowledges no other limits than those expressly prescribed in the constitution, and like sovereign power of every other description, is trusted to the discretion of those who use it.
但据说税收是一种绝对权力，除了宪法明确规定的限制外，没有其他任何限制，并且像所有其他类型的主权一样，税收被信任于使用它的人的自由裁量权。
But the very terms of this argument admit that the sovereignty of the State, in the article of taxation itself, is subordinate to, and may be controlled by, the constitution of the United States.
但这一论点的条款本身就承认，就税收条款本身而言，国家主权服从于美国宪法，并可能受其控制。
How far it has been controlled by that instrument must be a question of construction.
该仪器对它的控制程度一定是一个构造问题。
In making this construction, no principle not declared, can be admissible, which would defeat the legitimate operations of a supreme government.
在做出这一解释时，任何未宣布的原则都是不可接受的，这会破坏最高政府的合法运作。
It is of the very essence of supremacy to remove all obstacles to its action within its own sphere, and so to modify every power vested in subordinate governments, as to exempt its own operations from their own influence.
至高无上的本质是消除其在其管辖范围内行动的一切障碍，从而修改赋予下级政府的每一项权力，使其自身的行动免受其自身的影响。
This effect need not be stated in terms.
这种效果不需要用语言来表述。
It is so involved in the declaration of supremacy, so necessarily implied in it, that the expression of it could not make it more certain.
它是如此涉及至高无上的宣言，如此必然地暗示在其中，以至于它的表达不能使它更加确定。
We must, therefore, keep it in view while construing the constitution.
因此，我们在制定宪法时必须牢记这一点。
The argument on the part of the State of Maryland is, not that the States may directly resist a law of Congress, but that they may exercise their acknowledged powers upon it, and that the constitution leaves them this right in the confidence that they will not abuse it.
马里兰州的论点不是各州可以直接抵制国会法律，而是各州可以根据该法律行使其公认的权力，并且宪法赋予他们这项权利，并相信他们不会滥用这项权利。
Before we proceed to examine this argument, and to subject it to the test of the constitution, we must be permitted to bestow a few considerations on the nature and extent of this original right of taxation, which is acknowledged to remain with the States.
在我们继续审查这一论点并对其进行宪法检验之前，我们必须被允许对这一原始征税权的性质和范围进行一些考虑，这一权利被认为仍属于各州。
It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
人们承认，对人民及其财产征税的权力对于政府的存在至关重要，并且可以在政府选择行使该权力的最大范围内合法地对其适用的对象行使。
The only security against the abuse of this power, is found in the structure of the government itself.
防止滥用这一权力的唯一保障是政府本身的结构。
In imposing a tax the legislature acts upon its constituents.
立法机关在征税时对其选民采取行动。
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The sovereignty of a State extends to everything which exists by its own authority, or is so introduced by its permission; but does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States?
一国的主权延伸至以其自身权力存在或经其许可而存在的一切事物；但它是否也适用于国会用来执行美国人民赋予该机构的执行权的手段？
We think it demonstrable that it does not.
我们认为可以证明事实并非如此。
Those powers are not given by the people of a single State.
这些权力不是由单一国家的人民赋予的。
They are given by the people of the United States, to a government whose laws, made in pursuance of the constitution, are declared to be supreme.
它们是由美国人民交给政府的，政府的法律是根据宪法制定的，并被宣布为至高无上。
Consequently, the people of a single State cannot confer a sovereignty which will extend over them.
因此，单一国家的人民不能授予其主权。
If we measure the power of taxation residing in a State, by the extent of sovereignty which the people of a single State possess, and can confer on its government, we have an intelligible standard, applicable to every case to which the power may be applied.
如果我们通过一个国家的人民拥有并可以授予其政府的主权范围来衡量一个国家的征税权，那么我们就有了一个可理解的标准，适用于该权力可能适用的每种情况。
We have a principle which leaves the power of taxing the people and property of a State unimpaired; which leaves to a State the command of all its resources, and which places beyond its reach, all those powers which are conferred by the people of the United States on the government of the Union, and all those means which are given for the purpose of carrying those powers into execution.
我们有一项原则，即对国家人民和财产征税的权力不受损害；该法案将所有资源的指挥权交给各州，并将合众国人民授予联邦政府的所有权力以及为执行这些权力而提供的所有手段置于州的管辖范围之外。
We have a principle which is safe for the States, and safe for the Union.
我们有一个对各州和联邦来说都是安全的原则。
We are relieved, as we ought to be, from clashing sovereignty; from interfering powers; from a repugnancy between a right in one government to pull down what there is an acknowledged right in another to build up; from the incompatibility of a right in one government to destroy what there is a right in another to preserve.
正如我们应该的那样，我们从主权冲突中解脱出来。免受干扰；一国政府有权拆除另一国政府公认有权建立的东西之间的相互抵触；一个政府有权摧毁另一政府有权保护的东西，这是不相容的。
We are not driven to the perplexing inquiry, so unfit for the judicial department, what degree of taxation is the legitimate use, and what degree may amount to the abuse of the power.
我们不会被迫去探究那些令人费解的问题，因此不适合司法部门，什么程度的征税才是合法使用，什么程度可能构成滥用权力。
The attempt to use it on the means employed by the government of the Union, in pursuance of the constitution, is itself an abuse, because it is the usurpation of a power which the people of a single State cannot give.
试图按照联邦政府所采用的手段来使用它，以遵守宪法，这本身就是一种滥用，因为这是对单一州人民无法赋予的权力的篡夺。
We find, then, on just theory, a total failure of this original right to tax the means employed by the government of the Union, for the execution of its powers.
那么，根据公正的理论，我们发现，对联邦政府为执行其权力而使用的手段征税的原始权利完全失败了。
The right never existed, and the question whether it has been surrendered, cannot arise.
这项权利从未存在过，也不可能出现是否已放弃该权利的问题。
But, waiving this theory for the present, let us resume the inquiry, whether this power can be exercised by the respective States, consistently with a fair construction of the constitution?
但是，暂时放弃这一理论，让我们重新审视这一权力是否可以由各州行使，并符合宪法的公平解释？
That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance, in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
征税的权力涉及破坏的权力；破坏的力量可能会击败创造的力量并使之变得无用；授予一国政府控制另一国宪法措施的权力，而另一国政府就这些措施而言，却被宣布比行使控制权的政府拥有至高无上的地位，这显然是令人反感的，这是不容否认的主张。
But all inconsistencies are to be reconciled by the magic of the word CONFIDENCE.
但所有的不一致都可以通过“信心”这个词的魔力来调和。
Taxation, it is said, does not necessarily and unavoidably destroy.
据说，税收并不一定也不可避免地会造成破坏。
To carry it to the excess of destruction would be an abuse, to presume which, would banish that confidence which is essential to all government.
对其进行过度破坏将是一种滥用，据推测，这将消除对所有政府至关重要的信心。
But is this a case of confidence?
但这是信心的表现吗？
Would the people of any one State trust those of another with a power to control the most insignificant operations of their State government?
任何一州的人民会相信另一州的人民有权力控制其州政府最微不足道的运作吗？
We know they would not.
我们知道他们不会。
Why, then, should we suppose that the people of any one State should be willing to trust those of another with a power to control the operations of a government to which they have confided their most important and most valuable interests?
那么，为什么我们应该假设任何一个国家的人民都应该愿意相信另一个国家的人民有能力控制他们所托付的最重要和最有价值的利益的政府的运作呢？
In the legislature of the Union alone, are all represented.
仅在联盟立法机构中，就有代表。
The legislature of the Union alone, therefore, can be trusted by the people with the power of controlling measures which concern all, in the confidence that it will not be abused.
因此，只有联邦立法机构才能得到人民的信任，拥有控制涉及所有人的措施的权力，并相信它不会被滥用。
This, then, is not a case of confidence, and we must consider it as it really is.
那么，这不是一种信心的情况，我们必须按其实际情况来考虑。
If we apply the principle for which the State of Maryland contends, to the constitution generally, we shall find it capable of changing totally the character of that instrument.
如果我们将马里兰州所主张的原则应用于一般宪法，我们将发现它能够完全改变该文书的性质。
We shall find it capable of arresting all the measures of the government, and of prostrating it at the foot of the States.
我们将发现它能够制止政府的一切措施，并将其屈服于各州的脚下。
The American people have declared their constitution, and the laws made in pursuance thereof, to be supreme; but this principle would transfer the supremacy, in fact, to the States.
美国人民宣布他们的宪法以及据此制定的法律具有至高无上的地位；但事实上，这一原则会将至高无上的权力转移给各州。
If the States may tax one instrument, employed by the government in the execution of its powers, they may tax any and every other instrument.
如果各州可以对政府在执行其权力时使用的一种工具征税，那么他们可以对任何其他工具征税。
They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government.
他们可能会对邮件征税；他们可能会对造币厂征税；他们可能会对专利权征税；他们可以对海关的文件征税；他们可能会对司法程序征税；他们可能对政府使用的所有手段征税，过度征税会破坏政府的所有目标。
This was not intended by the American people.
这不是美国人民的本意。
They did not design to make their government dependent on the States.
他们无意让自己的政府依赖于各州。
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The Court has bestowed on this subject its most deliberate consideration.
法院对这个问题给予了最深思熟虑的考虑。
The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
结果是人们确信各州无权通过税收或其他方式阻碍、阻碍、负担或以任何方式控制国会为执行赋予联邦政府的权力而颁布的宪法法律的运作。
This is, we think, the unavoidable consequence of that supremacy which the constitution has declared.
我们认为，这是宪法所宣称的至高无上的不可避免的后果。
We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional and void.
我们一致认为，马里兰州立法机关通过的对美国银行征税的法律违宪且无效。
This opinion does not deprive the States of any resources which they originally possessed.
这一意见并不剥夺各国原本拥有的任何资源。
It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
它不适用于由银行不动产缴纳的税（与州内其他不动产一样），也不适用于对马里兰州公民在该机构中可能持有的利息征收的税（与全州其他同类财产一样）。
But this is a tax on the operations of the bank, and is, consequently, a tax on the operation of an instrument employed by the government of the Union to carry its powers into execution.
但这是对银行运营的征税，因此，也是对联邦政府用来执行其权力的工具的运营征税。
Such a tax must be unconstitutional.
这样的税收必定是违宪的。