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“In the first clear articulation of the broad or loose interpretation of the Constitution, Hamilton argued that the Bank, though not explicitly mentioned in the Constitution, was clearly constitutional because "every power vested in a Government is in its nature sovereign, and includes by force of the term, a right to employ all means requisite and fairly applicable to the attainment of the ends of such power."
“Where Jefferson, Madison, and Randolph argued that the federal government had no power to incorporate a bank because it was not explicitly allowed to do so in the Constitution, Hamilton retorted that the government enjoyed all powers necessary to its functioning that were not explicitly forbidden. Hamilton's logic was unanswerable. From that day forth the doctrine of "implied powers" increasingly dominated legal interpretation of the Constitution.”
Originally posted by FissionSurplus
Very interesting bit of history, Frazzle.
Any time a really good and noble idea gets into the hands of greedy men, it's all downhill from there.
Why should the USA be any different? What we are seeing currently is the culmination of the collusion between big money and government. Lucky us, we get to see the end result of several hundred years of pure avarice.
Originally posted by frazzle
“In the first clear articulation of the broad or loose interpretation of the Constitution, Hamilton argued that the Bank, though not explicitly mentioned in the Constitution, was clearly constitutional because "every power vested in a Government is in its nature sovereign, and includes by force of the term, a right to employ all means requisite and fairly applicable to the attainment of the ends of such power."
“Where Jefferson, Madison, and Randolph argued that the federal government had no power to incorporate a bank because it was not explicitly allowed to do so in the Constitution, Hamilton retorted that the government enjoyed all powers necessary to its functioning that were not explicitly forbidden. Hamilton's logic was unanswerable. From that day forth the doctrine of "implied powers" increasingly dominated legal interpretation of the Constitution.”
For history buffs: www.press.uchicago.edu...
Every power necessary. Chilling words. So every law passed since 1790 is constitutional under those terms. They could order each and every one of us to jump off a real fiscal (physical) cliff, by law, and make it stick. And in judging the constitutionality of that law, the Supreme Court would be forced to say "jump, you suckers".
...Where Jefferson, Madison, and Randolph argued that the federal government had no power to incorporate a bank because it was not explicitly allowed to do so in the Constitution, Hamilton retorted that the government enjoyed all powers necessary to its functioning that were not explicitly forbidden.
Originally posted by Maxmars
Originally posted by frazzle
“In the first clear articulation of the broad or loose interpretation of the Constitution, Hamilton argued that the Bank, though not explicitly mentioned in the Constitution, was clearly constitutional because "every power vested in a Government is in its nature sovereign, and includes by force of the term, a right to employ all means requisite and fairly applicable to the attainment of the ends of such power."
“Where Jefferson, Madison, and Randolph argued that the federal government had no power to incorporate a bank because it was not explicitly allowed to do so in the Constitution, Hamilton retorted that the government enjoyed all powers necessary to its functioning that were not explicitly forbidden. Hamilton's logic was unanswerable. From that day forth the doctrine of "implied powers" increasingly dominated legal interpretation of the Constitution.”
For history buffs: www.press.uchicago.edu...
Every power necessary. Chilling words. So every law passed since 1790 is constitutional under those terms. They could order each and every one of us to jump off a real fiscal (physical) cliff, by law, and make it stick. And in judging the constitutionality of that law, the Supreme Court would be forced to say "jump, you suckers".
And yet the very Bill of Right's portion of the Constitution declares unequivocally in the text of the 10th Amendment...
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So either it was a state-by-state determination... or it was the totality of citizens to whom that "right" was assigned.
"...employ all means requisite and fairly applicable..." would be in keeping with the law of the land...
thus:
...Where Jefferson, Madison, and Randolph argued that the federal government had no power to incorporate a bank because it was not explicitly allowed to do so in the Constitution, Hamilton retorted that the government enjoyed all powers necessary to its functioning that were not explicitly forbidden.
Seems incomparably weak. And any acceptance of this posture was probably politically expedient or financially pragmatic... after all the European banks struggled long and hard to establish the central bank in America... and essentially, Hamilton failed.
But they persisted... and in 1913... the collusion was made real. Thanks Senator Aldrich.
Hamilton was a "favored" public figure of the banks.... obviously....