. Congress finally accepted, for
this purpose, one hundred square miles of land on the Potomac River,
which was ceded by Maryland and Virginia. The thirty square miles given
by Virginia were afterward returned to that State. The capital was to be
in New York until 1790, then in Philadelphia until 1800. In 1800 it was
transferred to the new district, called the District of Columbia.[34]
[Footnote 34: For the government of this district, see "Government in
State and Nation," p. 204.]
VI. IMPLIED POWERS.
Strict and Loose Construction.--Our national development has been,
in large measure, dependent on the interpretation of the next clause of
the Constitution. It is often called the elastic clause.
Section 8, Clause 18. _To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers and all other
powers vested by this Constitution in the government of the United
States or in any department or officer thereof._
Briefly stated, the problem has always been, Has Congress the right to
exercise powers not definitely granted by the Constitution? Alexander
Hamilton first set forth the doctrine of _implied_ powers. He urged that
Congress might, in carrying out specific powers, use methods not
_expressly_ provided for in the Constitution, as in the creation of a
bank or mint. Since the time of this interpretation, which, fortunately
for American interests, was sanctioned by Washington and later by the
Supreme Court through its great Chief-Justice John Marshall, the
advocates of the doctrines of strict and loose construction have
contended for their principles. Does the Constitution permit the
acquisition of territory? May Congress establish a protective tariff, or
a system of internal improvements? We have here but three of the great
questions which have led to a definition of these opposing views.
Speaking in general terms, the party in power has favored loose
construction, while the party out of power has advocated strict
construction. Said Mr. Bryce, "The Americans have more than once bent
their Constitution in order that they might not be forced to break
it."[35]
[Footnote 35: Bryce, "American Commonwealth," I, 390.]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are some of the difficulties encountered in becoming a citizen?
Independent, 65:994-1000.
2. Is there a postal savings-bank in your town? Is it successful?
3. Should there be a system of postal telegraphy? Cent
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