Question

One of the issues facing the early nation was how to interpret the Constitution. Alexander Hamilton said that the Constitution gave Congress the power "to make all laws necessary and proper." Which statement best describes Hamilton's views on how the Constitution should be interpreted?

Answer 1

Answer:

He favored a broad interpretation of the Constitution.

Answer 2

You didn't give choices, but Hamilton favored a loose interpretation of the Constitution.

Hamilton focused on what has become known as the the "necessary and proper" clause of the United States Constitution.  After enumerating a number of the powers of Congress, including borrowing money, coining money, regulating commerce, etc, Section 8 of Article I of the Constitution closes by saying Congress shall have power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."  That grants Congress implied powers beyond those listed in the Constitution itself.

An example of the implementation of such implied powers in the Constitution occurred when Alexander Hamilton, as our nation's first Secretary of the Treasury, argued in favor of establishing a national bank.   Hamilton favored a loose interpretation of the Constitution -- in other words, that the Constitution allows for anything that is not strictly forbidden in what it has expressly stated.  A national bank was not strictly listed as something Congress could establish, but there was nothing in the Constitution to prohibit it.  And the "necessary and proper" clause gave leeway to create it, by the implied powers given to Congress.

Thomas Jefferson took a view opposite that of Hamilton.  Jefferson argued against the establishment of a national bank because according to a strict reading or interpretation of the Constitution, no such entity was stipulated in the document.