Social Science Models

Washington's Presidency: Materials

Hamilton, a New Yorker and a friend of northern commercial interests, sent the following reply to Washington when the President asked him for an opinion on the constitutionality of the Bank Bill.

Congress has implied as well as expressed [specifically granted] powers. For the sake of accuracy, it should be mentioned that Congress also has what might be called resulting powers. For example, if the United States conquered a neighboring territory, it would have jurisdiction there. This jurisdiction would come from the whole mass of powers of the government, rather than from any of the specifically enumerated powers. 

Thomas Jefferson, the Secretary of State, maintains that no laws passed by Congress are to be considered necessary, except those without which the delegated grant of power would be ineffective. It is vital for the sake of the national government, that so erroneous an idea of the meaning of the term "necessary" should be exploded.

Neither the grammatic meaning nor the popular use of the term supports Jefferson's definition. "Necessary" often means nothing more than needful, requisite, incidental, useful, or conducive to. and this is the way the word is used in the Constitution. The wording of the clause indicates that the Philadelphia Convention intended to give a liberal interpretation to the exercise of delegated powers. The expressions in the clause are comprehensive: "to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers, vested by the Constitution in the government of the United States, or in any department or officer thereof." 

To define "necessary" in the restrictive sense that the Secretary of State does, would be to depart from its obvious meaning. He defines the word as if the clause read "absolutely necessary." 

There are many complex ways in which a government can meet national emergencies, prevent national inconveniences, and promote national prosperity. A broad interpretation of the means available to the government to handle these situations is vital. Consequently, the Constitution must be interpreted broadly. 

This conclusion does not mean that the government is sovereign in all respects, but it is sovereign to the extent of its specified powers. 

What then is the criterion [standard] for determining what is constitutional and what is not? The criterion is the purpose of legislation; an act of Congress is the means to an end. If the end is clearly within the specified powers of Congress, and if the law has an obvious relationship to that end, and it is not forbidden by any particular provision of the Constitution, then the measure comes within the authority of the national government. 

Sovereign means having supreme power or authority.