Strict vs. Loose Construction:
How should the constitution be interpreted?
AH – loose: implied powers
TJ – strict: literally interpret the words of the Constitution
The national bank – One bank for the entire nation. Purpose – they would get all of the tax money
What does AH want? Government - easy access to this money? Does article 8 of the constitution do this? Only if it can “lay and collect taxes”. If you are a loose constructionist then you need a bank if you are going to collect taxes.
Strict constructionist – Amendment 10, if there was no national bank delegated to Congress, then it should automatically be delegated to the states and the people.
Why are TJ and AH fighting? – How the constitution should be applied. The problem lies in the ambiguous nature of the constitution which leads to two valid perspectives on the same issue.
the last paragraph of Article I, Section 8, of the U.S. Constitution, giving Congress the power to "make all laws which shall be necessary and proper" for carrying out the powers and purposes of the Constitution. So named because it can be used to expand the powers of Congress to fit appropriate situations, the elastic clause has provided a flexibility that has made frequent amendment of the Constitution unnecessary. (v http://college.hmco.com/history/readerscomp/gahff/html/ff_060500_elasticclaus.htm)
Also called – the necessary and proper clause.
Strict construction – a literal following of the constitution.
Loose Construction – it is necessary that the constitution be interpreted.
Which one is more right? – Neither – creates two VERY different interpretations (sides).
You need to link your issue to the constitution.