The Articles of Confederation and State Sovereignty

[Cletus]

The point here is the Constitution allows for an expansion of implied powers, the Articles did not.

Article I, Section 8, Clause 18: "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."

I am not sure that actually allows for implied powers. I think a plain reading of it says "Congress can pass laws necessary to carry out the enumerated powers". Now, that may very well have been stretched way beyond the breaking point, but I don't think it allows for unenumerated powers by design.

I do think the language you cited from the Articles would have been better. It would have been far more difficult for politicians to do an end run around those words.

[Chris]

I am not sure that actually allows for implied powers. I think a plain reading of it says "Congress can pass laws necessary to carry out the enumerated powers". Now, that may very well have been stretched way beyond the breaking point, but I don't think it allows for unenumerated powers by design.

I do think the language you cited from the Articles would have been better. It would have been far more difficult for politicians to do an end run around those words.

And I can agree with your reading of Article I, Section 8, Clause 18 but others, like Hamilton, did not and won out in creating the First Bank of the United States, and that set precedence for McCullock v. Maryland and the creation of the second bank--see https://legaldictionary.net/elastic-clause/.

[Cletus]

Never liked Hamilton.

[Peter1469]

The point here is the Constitution allows for an expansion of implied powers, the Articles did not.

Article I, Section 8, Clause 18: "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 explicitly refers to the enumerated powers.

[Chris]

That explicitly refers to the enumerated powers.

I would read it that way too but historically it's been read elastically.

[Luther]

Can you imagine 50 unyielding states under the Articles of confederation today?

Crazy!

[Peter1469]

Can you imagine 50 unyielding states under the Articles of confederation today?

Crazy!

Such a thing would never have existed. A confederation would have been gobbled up by European powers.

[Chris]

Can you imagine 50 unyielding states under the Articles of confederation today?

Crazy!

Crazier is 50 states under a single centralized authority above the law.

[Chris]

Such a thing would never have existed. A confederation would have been gobbled up by European powers.

But was that the real purpose? You need to wade through a lot of enumerated powers before you get to war:

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War...

[Peter1469]

But was that the real purpose? You need to wade through a lot of enumerated powers before you get to war:

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War...

I don't think the enumerated powers were listed in order of importance.