Tuesday, November 9, 2010

George Washington: US Constitution is Living Document

From Peter Henriques via the Billings Gazette:

One of George Washington’s most important and far-reaching decisions made as president revolved around the question of whether he would sign into law a bill establishing a national bank. Alexander Hamilton, his brilliant secretary of the treasury, argued for such an institution and justified his action by seizing on Article I, Section 8, of the Constitution, which endowed Congress with all powers “necessary and proper” to perform tasks assigned to it in the national charter.

In short, Hamilton posited that there were “implied” powers in the Constitution as well as “enumerated” ones. Thomas Jefferson was aghast at such implications and prophesied that for the federal government “to take a single step beyond the boundaries thus specifically drawn is to take possession of a boundless field of power.“

Washington saw it differently and signed Hamilton’s controversial national-bank bill. With a stroke, he endorsed an expansive view of the presidency and made the Constitution a living, open-ended document. The importance of his decision is hard to overstate, for the federal government might have been stillborn had the president rigidly adhered to the letter of the document as urged by Jefferson.

In seeking to reconcile Hamilton and Jefferson (whose views were every bit as divergent as those of the Tea Party and Obama are today), the president eloquently urged forbearance: “I would fain hope that liberal allowances will be made for the political opinions of one another; and instead of those wounding suspicions, and irritating charges there might be mutual forebearances and temporizing yieldings on all sides, without which I do not see how the reins of government are to be managed.”

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