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Jefferson and Hamilton Letters on the National Bank Issue

Washington asked Jefferson and Hamilton to send him written opinions about whether or not Congress had the power to create a national bank. Read the letters and examine the relevant Constitutional clauses [Amendment 10 (The Reserve Clause)
Section 8, Clauses 1,2,3,18]. Then answer these questions:

Jefferson letter:
1. Explain in your own words what Jefferson says is the fundamental principle underlying the Constitution.    Why does he believe this principle is so important?
2. Why does he argue that establishing the bank does not meet the "regulate commerce" power?
3. What powers does he believe Congress has to "provide for the general welfare?"
4. Why does he believe it is so important to limit that power?
5. What is an enumerated power? What is a strict interpretation of the Constitution?
6. What future dangers does Jefferson see if Washington decides in favor of the Bank?

Hamilton letter:
1. What are implied powers?
2. What is a broad or liberal interpretation of the Constitution?
3. Why does Hamilton argue that a broad interpretation is vital?
4. How would Hamilton determine whether an action is allowed to Congress by the Constitution?
5. State Hamilton's distinction between means and ends in your own words.
6. Beyond the Bank issue, why is it so important for Hamilton's vision of government that Washington decide in his favor?

Viewing the two letters together:
1. What does the word "necessary" mean?
2. Is "necessary" different from "convenient"? From "absolutely necessary"?
3. Hamilton's letter suggests that he wrote it after reading Jefferson's response. Could the timing of the letters make any difference in the persuasiveness of their arguments?
4. How might this debate have been different if Washington had Jefferson and Hamilton make their arguments to him in a face-to-face encounter?
5. After reviewing the necessary and proper clause (Article 8, Sec. 18) and the reserve clause (Amendment 10), what do you think the Constitution says about such actions as creating a national bank?
6. Suppose that the arguments for a strict interpretation of the Constitution had won out. Would this have made any difference in the effectiveness of the national government? Can you think of an issue that would be greatly changed by a strict interpretation?