Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Liberal vs. Strict Construction._--The question of the interpretation
of the scope and meaning of this grant of powers arose very early in the
history of the national government, in connection with the proposition
of Hamilton to establish a United States bank. Hamilton contended that
the authority to establish such an institution was clearly implied in
the power to borrow money and pay the debts of the United States. A
federal bank, he urged, was a proper if not a necessary means for
carrying into effect these important powers of Congress, just as the
establishment of a mint was necessary to carry out the power relating to
the coinage of money. Jefferson and his school of political thinkers,
however, held to a strict interpretation of the Constitution and
maintained that Congress had no right to exercise any power which was
not expressly conferred. The view of the "loose" or "liberal"
constructionists, however, prevailed, and from the beginning Congress
has relied upon the doctrine of implied powers for its authority to
legislate on many important questions.
_Examples of Implied Powers._--It was upon this authority that foreign
territory has been purchased and governed; that a protective tariff has
been levied; that a national bank was established; that legal tender
paper money has been issued; that the construction of the Panama Canal
has been undertaken; that ship subsidies have been granted; that postal
savings banks have been established; that education has been fostered;
and many other activities undertaken. The policy of liberal
interpretation was first adopted by Chief Justice Marshall of the
Supreme Court and his associates, and with rare exceptions has been
followed by the court throughout its entire history. The effect has been
to strengthen the national government and render it capable of
fulfilling the great purposes for which it was created. The whole
course of our political and constitutional history is different from
what it would have been had the view of the strict constructionists
prevailed.
=References.=--ANDREWS, Manual of the Constitution, pp. 120-148.
BEARD, American Government and Politics, ch. xix. COOLEY,
Principles of Constitutional Law, pp. 94-111. FAIRLIE, National
Administration, chs. ix, x, xii. HART, Actual Government, ch. xxiv.
=Documentary and Illustrative Material.=--Copies of the annual
reports of the Postmaster-General, the Librarian of Congress, the
Commissioner of Patents, the Secretary of War, and the Secretary of
the Navy, all of which may be obtained gratis from the officials
mentioned.
RESEARCH QUESTIONS
1. Why should the postal service be conducted by the government? Should
the transportation of the mail be a government monopoly?
2. Should the rates of postage on second-class matter, in your opinion,
be increased? Why?
3. What are the advantages of a postal savings bank system?
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