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It has always been denied by the republican party in this country, that the Constitution had given the power of incorporation to Congress. On the establishment of the Bank of the United States, this was the great ground on which that establishment was combated; and the party prevailing supported it only on the argument of its being an incident to the power given them for raising money.

Thomas Jefferson#57

BankingPowerConstitutionBankCongress

About this quote

What does it mean?
Jefferson argues that the Constitution does not explicitly grant Congress the power to incorporate a bank. He notes that supporters of the Bank relied on the idea that it was necessary for raising money, rather than an explicit constitutional right.
In plain terms
The Constitution does not say Congress can make a bank. Supporters argued they could do it because it helped them collect money.
What can you take from it?
Congress should only exercise powers clearly granted or strictly necessary to execute them.

Where it applies

  • debates over federal agencies
  • constitutional law analysis
  • financial regulation

Putting it to work

  • interpret federal powers narrowly
  • audit institutional mandates
  • clarify constitutional limits

Questions to consider

  • What powers are necessary vs. explicit?
  • Who decides what is incidental?

Another view

This view assumes strict constructionism is the only valid way to read the Constitution.

More from Thomas Jefferson

  1. Nothing was or is farther from my intentions, than to enlist myself as the champion of a fixed opinion, where I have only expressed doubt.

    Permalink to quote #56
  2. That we are overdone with banking institutions which have banished the precious metals and substituted a more fluctuating and unsafe medium, that these have wi…

    Permalink to quote #58
  3. I have often thought that nothing would do more extensive good at small expense than the establishment of a small circulating library in every county, to consi…

    Permalink to quote #55

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