Was a national bank constitutional?

OCR: 3 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

Reporter's notes: some cited speeches survive only as a reporter's shorthand record, not the speaker's own text.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (1791-02-02; reporter's paraphrase): James Madison argued that a national bank was unconstitutional. He believed that the power to establish a bank was not among the enumerated powers in the Constitution and that interpreting 'general welfare' to justify such an action would render the enumeration of particular powers nugatory. (key quote above) [1]
• BELIEF (1791-02-02; reporter's paraphrase): James Madison argued that the bill to create a national bank stretched the meaning of 'necessary and proper' in the Constitution, and that it would allow Congress to use diffuse and ductile terms to justify expansive powers. He believed this would destroy the essential characteristic of the government as composed of limited and enumerated powers. (key quote above) [2]
• BELIEF (1791-02-08; reporter's paraphrase): James Madison denied the right of Congress to create a bank, arguing that it was not constitutional. He contended that the exercise of such power by Congress would involve every power an individual state may exercise, and he rejected the idea that the bank would facilitate the collection of taxes or aid the government in loans. "He contended that the exercise of this power, on the part of the United States, involves, to all intents and purposes, every power which an individual State may exercise. On this principle, he denied the right of Congress to make use of a bank to facilitate the collection of taxes." [3]
• BELIEF (1791-02-08; reporter's paraphrase): James Madison argued that granting the powers to establish a national bank, even for a limited term, would set a precedent equivalent to granting them in perpetuum, and that this would violate the Constitution. He believed the U.S. Government does not possess every power and that the Constitution's restrictive clause must not be exceeded. "He argued against the influence of the precedent to be established by the bill; for though it has been said, that the charter is to be granted only for a term of years, yet he contended, that granting the powers on any principle is granting them in perpetuum; and assuming this right on the part of the Government involves the assumption of every power whatever." [4]
• BELIEF (undated): James Madison expressed his opinion respecting the Bank of U.S., indicating his view on its constitutionality. "Question of Bank of U. S. Opinion, in brief, respecting it - 194, 195" [5]
• ACTION (undated): James Madison dissented from President Jackson's plan regarding the Bank. The passage shows that he took a position on the issue of the national bank, likely indicating his belief about its constitutionality. "Dissent from President Jackson's plan. Kindred ideas of Jefferson." [6]
• BELIEF (undated): James Madison expressed the belief that the Bank bill was unconstitutional. He considered it offensive both in and out of Congress, indicating his view that it exceeded the powers granted to the federal government. "Unconstitutionality of Bank bill. Excise. A direct tax offensive in and out of Congress." [7]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [5], [6].

2. HOW IT APPLIES (reasoning; inference is marked)

1. James Madison argued that the power to establish a national bank was not among the enumerated powers in the Constitution. "No argument could be drawn from the terms 'common defence and general welfare.'" [1]

2. He believed that interpreting 'general welfare' to justify the bank would render the enumeration of particular powers nugatory. "The power as to these general purposes was limited to acts laying taxes for them." [1]

3. Madison emphasized that the clause allowing Congress to pass necessary and proper laws must be limited to means incident to the specified powers, not unlimited. "Its meaning must, according to the natural and obvious force of the terms and the context, be limited to means necessary to the end, and incident to the nature of the specified powers." [8]

4. He argued that the bill to create a national bank stretched the meaning of 'necessary and proper' in the Constitution, which would destroy the essential characteristic of the government as composed of limited and enumerated powers. "The essential characteristic of the Government, as composed of limited and enumerated powers, would be destroyed..." [2]

5. Madison believed that the exercise of such power by Congress would be an act of usurpation, setting a dangerous precedent for expanding federal power at the expense of state governments. "In fine, if the power were in the Constitution, the immediate exercise of it cannot be essential; if not there, the exercise of it involves the guilt of usurpation..." [9]

3. HIS TAKE

Record coverage: DIRECT

James Madison believed that a national bank was unconstitutional. He argued that the power to establish a bank was not among the enumerated powers in the Constitution and that interpreting 'general welfare' to justify such an action would render the enumeration of particular powers nugatory.

Extrapolation: Madison's position was that the Constitution did not grant Congress the authority to establish a national bank, and that doing so would violate the principle of limited and enumerated powers.

Competing readings: Some may argue that Madison's opposition was influenced by political considerations, but the record itself states his belief in the unconstitutionality of the bank.

Confidence: High, based on multiple direct statements from Madison in 1791.