Constructionism Essay

259 WordsMar 17, 20152 Pages
Led by Alexander Hamilton, loose constructionism is a way of viewing the constitution that functions on the elastic clause. The elastic clause was dubbed as such because it allowed to for stretching of the constitution when it was necessary. It is also called the necessary and proper clause. This clause was put in place because the Founders where aware that in the future things may change, thus putting this clause in allowed the future leaders to change the constitution when unforeseen circumstances popped up. This was first discussed when Hamilton proposed a Bank of the United States. Strict constructionists argued that that was not a specified power in the constitution and thus it must be a power of the states because of the tenth amendment. Thomas Jefferson headed the debate for the strict constructionists. This made sense because Jefferson was also an Antifederalist. That means he feared an overly powerful central government. The necessary and proper clause could be twisted in the wrong hands to give the central government all the power it wanted. This was an understandable fear. However, the clause has just as many possibilities for good as it does for evil. Strict constructionist, as you can guess, believed that all powers of the government needed to be outlined specifically in the constitution. They rallied for more states rights. Jefferson was the leader and was supported by most if not all antifederalists.. Unfortunately for him, in the end, Washington agreed with Hamilton, citing the necessary and proper clause. The bank was signed into law in

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