log inhelp

 | 

  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • You already know Dokkio is an AI-powered assistant to organize & manage your digital files & messages. Very soon, Dokkio will support Outlook as well as One Drive. Check it out today!

View
 

Loose vs Strict interpretation of the Constitution

Page history last edited by Mr. Hengsterman 10 years, 5 months ago

 

 

CASE STUDY #1 Support of Hamilton's Bank Proposal (1791)

 

Loose Constructionists. Strict Constructionists
 

HAMILTON said in his Defense of the Constitutionality of the Bank (Feb. 1791): the Congress has all the powers it is not specifically denied so if it doesn’t say you can’t you can! POV of the loose constructionists.

 

 

MADISON (also Jefferson and Randolph) said: no way, if the Constitution doesn’t say you can, you can’t. Besides, the elastic clause only allows for necessary bills, and this is NOT necessary. POV of the strict constructionists.

 

 

 

 

CASE STUDY #2 Jefferson's Purchase of Louisiana (1803)

 

Loose Constructionists. Strict Constructionists
 

JEFFERSON uses a loose interpretation of the President's Treaty making powers when he purchases the Louisiana territory from France.  If you have noticed he totally changes from his earlier position on the bank

 

 

The Federalist party objects to Jefferson's interpretation and opposes the purchase.  

If you have noticed they totally changes from his earlier position on the bank

 

                                                                                                                                           

 

 

Comments (0)

You don't have permission to comment on this page.

Printable version