Alexander Hamilton: “Opinion as to the Constitutionality of the Bank of the United States”

( 1791 ) Commentary by Carey M. Roberts, Liberty University

“This general and indisputable principle puts at once an end to the abstract question, whether the United States have power to erect a corporation; that is to say, to give a legal or artificial capacity to one or more persons, distinct from the natural. For it is unquestionably incident to sovereign power to erect corporations, and consequently to that of the United States, in relation to the objects intrusted to the management of the government. The difference is this: where the authority of the government is general, it can create corporations in all cases where it is confined to certain branches of legislation, it can create corporations only in those cases.” - Paragraph 8
“To understand the word [‘necessary’] as the Secretary of State does, would be to depart from its obvious and popular sense, and to give it a restrictive operation, an idea never before entertained. It would be to give it the same force as if the word absolutely or indispensably had been prefixed to it.” - Paragraph 22
“Such a construction would beget endless uncertainty and embarrassment. The cases must be palpable and extreme, in which it could be pronounced, with certainty, that a measure was absolutely necessary, or one, without which, the exercise of a given power would be nugatory. There are few measures of any government which would stand so severe a test. To insist upon it, would be to make the criterion of the exercise of any implied power, a case of extreme necessity; which is rather a rule to justify the overleaping of the bounds of constitutional authority, than to govern the ordinary exercise of it.” - Paragraph 23

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Alexander Hamilton (Library of Congress)

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Alexander Hamilton: “Opinion as to the Constitutionality of the Bank of the United States”

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