CNST 4790 Final || Already Passed.
NY Lawyer and Politician, Revolutionary hero, and Ally with George Washington Promoted -
Cities, industry, relations with Great Britain, and a strong, centralized government. correct
answers Alexander Hamilton
Declaration of Independence, Whig - republican (democrat later) Promoted - limited
government, equality of rights, states, agriculture and vacant lands = virtuous citizenry, relations
with France, and strict construction
Empire of Liberty Champion of common man (but vote for National Aristocrats) correct answers
Thomas Jefferson
Fund entire debt at par value (with attractive payments overtime)
Assume debts of the states (why?)
Enact a tariff to protect US Manufactures
Negotiate trade agreement with Great Britain
Establish
National Bank How did he raise revenue?
National Bank shareholders (handsome dividends with time), bonds, excise taxes, and some land
sales correct answers Alexander Hamilton's Financial Plan
Used Implied Powers Construction If express power exists, government also has implied powers
to carry it out
For National Bank Use Necessary and Proper Clause - because Federal government has power to
tax, regulate trade, commerce, coin currency, borrow money, raise armies, etc. It also has the
power to create a National Bank
"Now it appears... that this general principle is inherent in the very definition of government, and
essential to every step of progress to be made by that of the United States, namely: That every
power vested in a government is in its nature sovereign and includes, by force of the term, a right
to employ all the means requisite and fairly applicable to the attainment of the ends of such
power, and which are not precluded by restrictions and exceptions specified in the Constitution,
or not immoral, or not contrary to the essential ends of political society." correct answers
Alexander Hamilton's arguments for a National Bank
Federal government has no general grant of power, but particular delegated powers; thus,
Alexander Hamilton's interpretation destroys nature of federal government
Original intent and text is the proper guide to construction
Bill does not tax or borrow money, and it's not a General Welfare issue (would interfere with
states)
Necessary and Proper Clause must be limited by "the natural and obvious force of the terms and
the context," to the "means necessary to the end, and incident to the nature of the specified
powers."
Friends of Constitution - read Necessary and Proper as the technical means to implement express
power
,"The essential characteristics of the government, as composed of limited and enumerated
powers, would be destroyed: If instead of direct and incidental means, any means could be
used..."
"But the proposed bank could not even be called necessary to the government; at most it could be
but convenient..." correct answers James Madison's Objections to the Bank Bill, House of
Representatives
"I consider the foundation of the Constitution as laid on this ground: That 'all powers not
delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved
to the States or to the people.' To take a single step beyond the boundaries thus specially drawn
around the powers of Congress, is to take possession of a boundless field of power, no longer
susceptible of any definition. The incorporation of a bank, and the powers assumed by this bill,
have not, in my opinion, been delegated to the United States, by the Constitution."
"...[T]he Constitution allows only the means which are 'necessary,' not those which are merely
'convenient' for effecting the enumerated powers. If such a latitude of construction be allowed to
this phrase as to give any non-enumerated power, it will... swallow up all the delegated powers,
and reduce the whole to one power, as before observed. Therefore it was correct answers
Thomas Jefferson on the National Bank
"It is an established rule of construction where a phrase will bear either of two meanings, to give
it that which will allow some meaning to the other parts of the instrument, and not that which
would render all the others useless. Certainly no such universal power was meant to be given
them. It was intended to lace them up straitly within the enumerated powers, and those without
which, as means, these powers could not be carried into effect." correct answers Thomas
Jefferson on National Bank
"It is known that the very power now proposed as a means was rejected as an end by the
Convention which formed the Constitution. A proposition was made to them to authorize
Congress to open canals, and an amendatory one to empower them to incorporate. But the whole
was rejected, and one of the reasons for rejection urged in debate was, that then they would have
a power to erect a bank, which would render the great cities, where there were prejudices and
jealousies on the subject, adverse to the reception of the Constitution." correct answers Thomas
Jefferson on National Bank
Facts:
A Hartford Court of Probate disapproved a will of Norman Morrison naming Caleb Bull and
wife beneficiaries.
Thus, Court held for Calder and wife.
18 months later, the Bulls tried to contest the court's decision, but were barred by a state statute
Bulls next got CT legislature to repeal the statute and successfully appealed the case before the
CT Supreme Court
Calder appealed to U.S. Supreme Court
Issue:
Whether the CT statute that retroactively changed the time restriction on appeals was an ex post
facto law in violation of Article I, Section 10 of the U.S. Constitution?
Holding:
, No. SCOTUS unanimously upheld Connecticut Supreme Court correct answers Calder v. Bull
(1798) - Ex Post Facto Laws & State Legislatures
"It appears to me a self-evident proposition, that the several State legislatures retain all the
powers of legislation, delegated to them by the State Constitutions; which are not expressly taken
away by the Constitution of the United States. The establishing courts of justice, the appointment
of Judges, and the making regulations for the administration of justice, within such a State,
according to its laws, on all subjects not entrusted to the Federal Government, appears to me to
be the peculiar and exclusive province, and duty of the State Legislatures. All the powers
delegated by the people of the United States to the Federal Government are defined, and no
constructive powers can be exercised by it, and all the powers that remain in the State
Governments are indefinite..." correct answers Calder v. Bull (1798) - Ex Post Facto Laws &
State Legislatures -- Justice Chase
Prohibits states from enacting ex post facto laws
But drew a distinction between criminal rights and private rights
"I believe that but one instance can be found in which a British judge called a statute, that
effected contracts made before the statute, an ex post facto law; but the judges of Great Britain
always considered penal statutes, that created crimes, or encreased the punishment of them, as ex
post facto laws." - J. Chase
"The words, ex post facto... in legal phraseology, refers to crimes, pains, and penalties. ... Here it
is impossible, that the party could forsee that an action, innocent when it was done, should be
afterwards converted to guilt by a subsequent law; he had, therefore, no cause to abstain from it;
and all punishment for not abstaining, must, of consequence, be cruel and unjust.' 1 Bl. Com. 46.
Here the meaning annexed to the terms ex post facto laws, unquestionably refers to crimes, and
noth correct answers Article I Section 10 - Ex Post Facto Laws
Feds worried about plots against government (e.g., antifeds, local factions, French influence and
VP Thomas Jefferson)
Republicans gaining immigrant votes and raise of democracy
Naturalization of 1798 Changed years for naturalization form 5 to 14 years
Alien Friends Acts President could order deportation of aliens who he judged "dangerous to the
peace and safety," or who he reasonably believed were involved in "treasonable or secret
machinations against the government."
An Act Respecting Alien Enemies During declared wars, enemy aliens can be "apprehended,
restrained, secured, and removed, as alien enemies." Longer wait time for citizenship
Sedition Act Prohibited - conspiring to oppose a government measure or law Prohibited any: "...
false, scandalous and malicious writing... against the government of the United States, or either
house of the Congress of the United States, or the president of the United States." correct
answers Alien and Sedition Acts of 1798
VA Resolution 1798 (written by James Madison) VA pledges to defend constitution Alien and
Sedition Acts unconstitutional
VA Convention that ratified Federal Constitution stated that "'the Liberty of Conscience and of
the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United
