State of the Union AddressesPolk, James K. (James Knox)
History
State of the Union Addresses
Polk, James K. (James Knox)
Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The whole system was resisted from its inception by many of our ablest
statesmen, some of whom doubted its constitutionality and its expediency,
while others believed it was in all its branches a flagrant and dangerous
infraction of the Constitution.
That a national bank, a protective tariff--levied not to raise the revenue
needed, but for protection merely--internal improvements, and the
distribution of the proceeds of the sale of the public lands are measures
without the warrant of the Constitution would, upon the maturest
consideration, seem to be clear. It is remarkable that no one of these
measures, involving such momentous consequences, is authorized by any
express grant of power in the Constitution. No one of them is "incident to,
as being necessary and proper for the execution of, the specific powers"
granted by the Constitution. The authority under which it has been
attempted to justify each of them is derived from inferences and
constructions of the Constitution which its letter and its whole object and
design do not warrant. Is it to be conceived that such immense powers would
have been left by the framers of the Constitution to mere inferences and
doubtful constructions? Had it been intended to confer them on the Federal
Government, it is but reasonable to conclude that it would have been done
by plain and unequivocal grants. This was not done; but the whole structure
of which the "American system" consisted was reared on no other or better
foundation than forced implications and inferences of power, which its
authors assumed might be deduced by construction from the Constitution.
But it has been urged that the national bank, which constituted so
essential a branch of this combined system of measures, was not a new
measure, and that its constitutionality had been previously sanctioned,
because a bank had been chartered in 1791 and had received the official
signature of President Washington. A few facts will show the just weight to
which this precedent should be entitled as bearing upon the question of
constitutionality.
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