How the federal banksters got their foothold

McCulloch v. Maryland, upholding the National Bank as “necessary”, is unconstitutional

Summary of case: Oxford Companion to the US Supreme Court: [i]

“4 Wheat. (17 U.S.) 316 (1819), argued 22 Feb.–3 Mar. 1819, decided 6 Mar. 1819 by vote of 7 to 0; Marshall for the Court. McCulloch was one of Chief Justice John Marshall’s most important decisions, and among his most eloquent. It settled the meaning of the Necessary and Proper Clause of the United States Constitution and determined the distribution of powers between the federal government and the states. The specific issues involved were Congress’s power to incorporate the Second Bank of the United States and the right of a state to tax an instrument of the federal government. * * *

Like Hamilton before him, Marshall resorted to a loose interpretation of the Constitution to justify Congress’s authority to create the Second Bank of the United States. * * *

“In particular, the bank was a convenient, useful, and essential instrument in the implementation of the nation’s fiscal policies. Since the Constitution had given Congress the power to ‘make all Laws which shall be necessary and proper for carrying into execution the forgoing Powers,’ the Bank of the United States was constitutional. * * * ”

Discussion: Marshall, like Hamilton, tortured the meaning of “necessary” in the Necessary and Proper Clause. To say that “necessary” means “expedient” or “convenient”, as Marshall and Hamilton did, was a bastardization of the language. In Dr. Johnson’s Dictionary, which was in use in America when the Constitution was written, “necessary” means “needful, indispensably requisite”.

McCull0ch subsequently became a major source for all the federal mischief and usurpation that took place after 1819.

Cross references:

1. “Hamilton’s Opinion supporting the National Bank is Unconstitutional” https://douglassbartley.wordpress.com/2012/03/24/hamiltons-opinion-supporting-the-national-bank-is-unconstitutional-the-debate-with-mr-jefferson/

2. Mr. Jefferson: “The National Bank is Unconstitutional” (Full opinion @ https://douglassbartley.wordpress.com/2012/03/24/mr-jeffersons-opinion-on-the-constitutionality-of-a-national-bank-1791/.)


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Published in: on March 24, 2012 at 10:38 am  Leave a Comment  

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