FREE BOOKS

Author's List




PREV.   NEXT  
|<   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112  
113   114   115   >>  
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
PREV.   NEXT  
|<   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112  
113   114   115   >>  



Top keywords:

powers

 
States
 

interpretation

 

political

 

parties

 

constitution

 

government

 

proper

 
question
 

United


clause

 

people

 

implied

 

constitutional

 

Constructionists

 
construction
 

Rights

 

Government

 
Federal
 

strict


constructionists

 

members

 

general

 

granted

 
vested
 

greater

 

holding

 

history

 

principle

 

principles


Strict

 

thereof

 
styling
 
officer
 

department

 

definitions

 

titles

 

federal

 

questions

 

answer


attempted

 
secession
 

nullification

 

chapter

 

underlying

 

beginning

 

spoken

 

fundamental

 
national
 
politics