Necessary and Proper Clause - Early Controversy

Early Controversy

The clause provoked controversy during discussions of the proposed constitution, and its inclusion became a focal point of criticism for those opposed to the Constitution's ratification. While Anti-Federalists expressed concern that the clause would grant the federal government boundless power, Federalists argued that the clause would only permit execution of power already granted by the Constitution. Alexander Hamilton spoke vigorously for this second interpretation in the Federalist Papers as part of his argument for why the federal government required the powers of taxation. At this time James Madison concurred with Hamilton, arguing in Federalist No. 44 that without this clause, the constitution would be a "dead letter". At the Virginia Ratifying Convention, Patrick Henry took the opposing view, saying that the clause would lead to limitless federal power that would inevitably menace individual liberty.

Read more about this topic:  Necessary And Proper Clause

Famous quotes containing the words early and/or controversy:

    No two men see the world exactly alike, and different temperaments will apply in different ways a principle that they both acknowledge. The same man will, indeed, often see and judge the same things differently on different occasions: early convictions must give way to more mature ones. Nevertheless, may not the opinions that a man holds and expresses withstand all trials, if he only remains true to himself and others?
    Johann Wolfgang Von Goethe (1749–1832)

    Ours was a highly activist administration, with a lot of controversy involved ... but I’m not sure that it would be inconsistent with my own political nature to do it differently if I had it to do all over again.
    Jimmy Carter (James Earl Carter, Jr.)