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Jefferson and the Constitutionality of a National Bank

 

]'" His view was that of a strict constructionist view, meaning he believed that the constitution is to be followed to the letter with no wiggle room. According to Jefferson, "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." He believed that even broadening the interpretations of the constitution slightly was completely unconstitutional.
             Jefferson goes on in the document to list the powers of Congress that the constitution explicitly enumerates. These powers include "the power to lay taxes for the purpose of paying the debts of the United States, the power to 'borrow money', the power to regulate commerce with foreign nations, and among the States, and with the Indian tribes." Jefferson also challenges the National Bank by pointing out that it does not even fall within the two general phrases, "to lay taxes for the purpose of providing for the general welfare" and "make all laws necessary and proper for carrying into execution the enumerated powers." In Jefferson's mind, if the powers that are already enumerated can be executed without a bank, then a bank is not necessary, therefore not authorized. .
             Jefferson continues by criticizing the National Bank and reminding its supporters that Congress is "not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union." Jefferson argues that while an act that is considered could benefit the Union, a decision like that "would render all the preceding and subsequent enumerations of power completely useless". It would make Congress the "sole judges of good or evil" and give them the "power to do whatever evil they please." Jefferson goes on to address the suggestion that the National Bank will make collecting taxes easier.


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