Alexander Hamilton Quotes
If the end be clearly comprehended within any of the specified powers, and if the measure have an obvious relation to that end, and is not forbidden by any particular provision of the Constitution, it may safely be deemed to come within the compass of the national authority.
Hamilton, Alexander. "Opinion on the Constitutionality of an Act to Establish a Bank." 23 February 1791. The Papers of Alexander Hamilton, edited by Harold C. Syrett, vol. 8, Columbia University Press, 1965, p. 100.
The Supreme Court which had found many of the New Deal laws unconstitutional, saw no Constitutional Problem with Social Security. However, the most popular legislation in American history had many right wing and in this case Fascist opponents. The Sentinels of the Republic was a group of wealthy right wing extremists who opposed FDR and all his programs of which Social Security was the most important. See {620798}.
In the English system the checks and balances of the American system are not present. Historically in England the Monarch and the Parliament acted as checks upon each other. With a Constitutional Monarch there is no institutional check on Parliament. The checks are their restraint--respect for precedent--and the voters. The Prime Minister is a member of Parliament and has no powers other than what Parliament gives him/her. The courts in England are under Parliament and the upper house, the House of Lords is the equivalent of the highest court—but it may always be overruled by the parliament itself.
Jefferson was worried that the Federal Government would get too expansive and justify almost any activity using the Commerce Clause of the Constitution. In this example, he goes from the responsibility for National Defense which is clearly Federal down to the hiring of the miners to produce the copper to arm the ships and shipbuilding which he thought were NOT legitimate Federal activities. He was right in the sense that the Commerce Clause did justify major Federal expansion, but at the times of the expansions and now most Americans thought that the expansions were useful and necessary. Jefferson and Alexander Hamilton were on opposite sides of the degree of expansion that was desirable.
This is a classic type of fallacious political logic. The author claims that there are no powers in the constitution to make laws in a number of important areas of our society. What is true, is that there is no explicitly and uniquely specified statements in the Constitution regarding the areas he specified (and some he didn’t like education). However the power to make laws in these areas comes from the “Commerce Clause” where the Federal Government was given the power to regulate Interstate Commerce. And that is what the Federal Government does make laws about. Food that is sold in the state where it is grown is regulated by the states. But interstate agriculture is. Medicines and weapons are also sold and transported in interstate commerce. Even housing is in part covered as financing and mortgages, building materials, working conditions of the building companies are part of Interstate Commerce. A succession of Congresses have recognized this and so has every Supreme Court in our history. McManus however believes that all these legislators and judges have been wrong and worse, part of a conspiracy to subvert the Constitution. See {630683} for his tendency to see conspiracies in politics.
Alexander Hamilton was an American statesman, politician, legal scholar, military commander, lawyer, banker, and economist. He was one of the Founding Fathers of the United States. He was an influential interpreter and promoter of the U.S. Constitution, as well as the founder of the nation's financial system, the Federalist Party, the United States Coast Guard, and the New York Post newspaper. As the first secretary of the treasury, Hamilton was the main author of the economic policies of George Washington's administration. He took the lead in the federal government's funding of the states' debts, as well as establishing the nation's first two de facto central banks, the Bank of North America and the First Bank of the United States, a system of tariffs, and friendly trade relations with Britain. His vision included a strong central government led by a vigorous executive branch, a strong commercial economy, government-controlled banks, support for manufacturing, and a strong military.
