Thomas Jefferson: “Opinion on the Constitutionality of a National Bank”

Questions for Further Study

• 1. Examine Jefferson’s stated eight legal dilemmas. How do they constitute an argument for states’ rights? What were the bases of his “strict” interpretation of the Constitution?
• 2. How well did Jefferson adhere to a strict construction of the chief executive’s constitutional powers once he became president of the United States? For insight, see the Louisiana Purchase Treaty and Jefferson’s Letter to Indiana Territory Governor William H. Harrison.
• 3. In what ways does the debate on the bank’s constitutionality reveal deep fissures within the country over the interpretation of the Constitution? What does this debate tell us about gauging the “original intent” of the framers? How did “strict” and “loose” interpretations of the Constitution affect the emerging party system?