l other powers
vested by this constitution in the government of the United States, or
in any department or officer thereof." This is the clause under whose
authorization all those powers have been assumed, and functions
exercised, that have made the United States government of to-day so
different from that of 1789.
The general rule is, as has been said, that the United States government
possesses only those powers granted to it by the constitution. But here,
in this clause just quoted, is a general grant of all powers necessary
or proper for carrying into effect any of the powers particularly
granted. Who or what is to decide just what powers are necessary and
proper for the accomplishment of this object? Naturally people have not
been able to agree upon the question of just what powers are
constitutional or expedient as "implied" under this title of "necessary
and proper" and this question has been largely instrumental in dividing
the people in opposing political parties. There has always been a party,
the members of which, favoring great powers for the States rather than
for the Federal Government, have been "strict constructionists," and
have advocated a close and narrow interpretation of this clause of
"implied powers." From their desire to retain in the State governments
as many powers as possible, they have been known as the "States' Rights
Party." Opposing them has been the party of "loose constructionists,"
the members of which have held to a free, liberal interpretation of the
constitution, and have endeavored to increase the power of the Federal
Government. There have never been political parties styling themselves
"Strict Constructionists" and "Loose Constructionists," for these are
terms that have been used not as titles, but as definitions of different
principles of constitutional interpretation. But by whatever name they
may have been known, there have been, during the greater part of our
history, these two political parties, the one holding to the principle
of strict construction and States' Rights, and the other to that of
loose construction and federal power.
The second fundamental question spoken of in the beginning of this
chapter as underlying national politics, is concerning the nature of our
union and the rights of state nullification and secession.
A final answer to these questions cannot of course be here attempted,
but that which can be done, is to state in a few words just what their
mean
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