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II. THE POWER OF CONGRESS OVER COMMERCE.
The Control of Commerce.--The power over commerce, which we are
next to discuss, was given to Congress because the history of the
country under the Articles of Confederation showed clearly that State
control of commerce resulted in confusion and constant disputes. It is
necessary that merchants and ship-owners should conduct their business
under laws that are as _uniform_ as possible. It is also necessary that
they should be _certain_ as to the terms of the law. These conditions
could not exist if each State were to make laws controlling the commerce
going to other States and to foreign countries.
The Constitution gives Congress the power, in Article I, Section 8,
Clause 3, _To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes_. Not all commerce that is
carried on by the citizens of this country is subject to control by
Congress.
There is a vast amount of commerce that is carried on entirely within
the limits of the different States. Over this commerce Congress has no
power; it is regulated by State laws relating to trade and
transportation.
Interstate Commerce.--The distinction between State and interstate
commerce is not readily seen in many cases; but in general it may be
said that if a commodity starts in one State destined for another, its
control throughout its course lies within the power of Congress. This
principle applies to both land and water transportation. So the coast
trade among the States lies within the jurisdiction of Congress; also,
commerce upon those rivers that form highways between different States.
The harbors and waterways of the United States have been improved by the
expenditure of many millions of dollars. This money has been
appropriated in the "River and Harbor Bills" that are passed by almost
every Congress.
The Interstate Commerce Law.--The importance of railroad
transportation led to the enactment, in 1887, of the "Interstate
Commerce Law," controlling this form of commerce. The law became
necessary because of certain abuses which had arisen. In many instances
the railroads gave lower freight rates to certain persons than to others
doing the same kind of business; again, the merchants or manufacturers
of certain cities were favored by more liberal rates than could be
obtained by those who were engaged in the same industries in other
cities. As a result, the business of many persons and places suffered
injury, while the business of their rivals prospered through the
advantages given to them by the railroads.
In consequence of these and other evils, various laws, beginning with
that of 1887, have been passed to control not only railroad and
steamboat lines, but also telegraph, telephone, express, and
sleeping-car companies in so far as they are engaged in interstate and
foreign commerce.
Some provisions of these laws will now be stated, (1) Charges must be
just and reasonable. The Interstate Commerce Commission has power to
decide what is reasonable, and to _fix rates,_ after an investigation.
(2) It is unlawful to give one person or corporation a better rate than
another for the same service. This is called "discrimination." Passes
cannot be granted, except to employees. (3) All rates must be posted
where they can be consulted by any person. (4) All companies engaged in
interstate commerce must open their books to inspection by the
commission and must make reports that they require. (5) If any person
objects to a decision of the commission, he may appeal to the Commerce
Court, which has been created to consider such cases.
The Control of Trusts.--Among the abuses arising in connection with
interstate commerce are those which result when persons enter into
agreements or combinations to prevent free competition; for under these
circumstances prices are raised, or certain persons are favored in
trade. In 1890, Congress passed a law prohibiting such combinations "in
restraint of trade or commerce among the several States or with foreign
nations." This is known as the Sherman Anti-trust Law.-Now, a trust is
simply a large corporation which has absorbed or killed off, more or
less completely, other establishments engaged in the same industry. The
trust may or may not have a monopoly, that is, complete control in that
line of business; and it may or may not be engaged in interstate
commerce. An agreement among certain, railroad companies to establish
and maintain freight rates was declared to be in violation of the law of
1890. Also, a combination, or "conspiracy," among railroad employees to
stop the running of trains was declared illegal.
The "trust problem," which is so prominent in current political
discussion, is the question of preventing the evils of combination
in industry. These evils become evident when excessive prices are
charged by persons who control certain lines of business; that is,
when free competition is prevented in the production,
transportation, or sale of commodities. If the business conducted
by a trust lies entirely within the limits of a single State's
boundaries, then it must be regulated by State law.
III. THE MONEY of THE UNITED STATES.
Our National Currency.--Another of the most important powers of
Congress is that granted in the following clause:--
Article I, Section 8, Clause 5. _To coin money, regulate the value
thereof, and of foreign coin, and fix the standard of weights and
measures._
In civilized countries it is the practice of the government to furnish
the people a "circulating medium" for use in trade and commerce. Two
kinds of money are in use in the United States: (1) coin or specie; and
(2) paper money. The total amount of money in circulation in the United
States on November 1, 1910, was $3,124,679,057 or $35.01 _per capita_
for the whole population. We shall first consider the coins of the
nation.
How Coins Are Made.--The coinage of money takes place at the mints,
which are located at Philadelphia, Denver, New Orleans, and San
Francisco. Gold and silver come to the mints in the form of bricks, or
rough bars, to which the term _bullion_ is applied. Alloy must be added
to the pure metal for the purpose of rendering it of sufficient hardness
to withstand wear. In our gold and silver coins one-tenth of the weight
is an alloy composed of copper and nickel. A quantity of the bullion of
the required purity is first melted and then cast into ingots, or long
bars. Each bar is next run between heavy rollers until it takes the form
of a thin strip. From the strip are punched round pieces, called
"blanks," of the size and thickness of the coin that is being made. In
the next process the blank is weighed on a delicate balance; when found
to be of the correct weight, the coin is placed in a powerful press, and
from this it comes with its edge raised above the face and its edge
milled. In a similar press the designs are stamped upon the faces of the
coin.
Below is a list of the coins now being minted.
GOLD Coins.[27]
Double eagle Half-eagle
Eagle Quarter-eagle
SILVER COINS.
Standard dollar Quarter-dollar
Half-dollar Dime
MINOR COINS.
Five-cent (nickel) One-cent (bronze)
The silver coins less in value than one dollar are called _subsidiary_
coins.
[Footnote 27: No gold one-dollar pieces have been coined since 1890.]
The Ratio of Gold and Silver Coins.--The law fixes the weight
of pure metal in a silver dollar at 371.25 grains, troy weight, and
that of the pure metal in a gold dollar at 23.22 grains. The _ratio
_ of these weights is 15.988+: 1, or nearly 16:1. This indicates
the origin of the famous expression, "sixteen to one."
Free Coinage.--By _free coinage _is meant a policy
established by law, under which any person may bring bullion to the
mint in any amount and have it coined; that is, the amount which
the government will coin is _unlimited_ by law. Our country has
always had the policy of free coinage with respect to gold. This
was also the policy in the coinage of our silver dollars until
1873. At that time the coinage of the silver dollar was
discontinued until a law was passed in 1878 (the Bland Act)
renewing its coinage, but in _limited_ quantities. The government
purchased silver bullion under this law, and under the Sherman Act
(1890), but since 1893 no silver bullion has been purchased for the
coinage of silver dollars, but the bullion already on hand has been
used for this purpose.
Paper Money.--We have in the United States five kinds of paper
money in general circulation:--
Kinds. Amounts in circulation, Nov. 1, 1910.
1. United States notes $341,000,000
2. Gold certificates 836,000,000
3. Silver certificates 483,000,000
4. National bank notes 706,000,000
5. Treasury notes of 1890 3,500,000
The History of United States Notes.--United States notes, or
"greenbacks," as they are commonly called, originated during the Civil
War. When the government was without specie (i.e., gold and silver
money) with which to purchase supplies for the army and pay other
expenses, it issued these notes. Each note says on its face, "The United
States will pay to bearer $----." Since no time was set for the
fulfillment of this promise, and since there was neither gold nor silver
in the Treasury with which to redeem the notes, people would naturally
hesitate to accept them in payment for goods or salaries. Consequently,
Congress made the notes "legal tender";[28] that is, the law compelled
creditors to receive this kind of money in payment for debts. The notes
passed into circulation, therefore, because people were forced to take
them; but their value depreciated greatly during the war. In 1879 the
government began the redemption of the notes in specie, and since that
time they have been worth their face value.
[Footnote 28: Our full legal-tender coins at present are the gold coins,
silver dollars, United States notes, and Treasury notes of 1890.
Subsidiary silver coins are legal tender in amounts not greater than
$10.00, and the minor coins are legal tender to the amount of
twenty-five cents.]
Gold and Silver Certificates.--It is much more convenient to handle
paper money than coins. When a person deposits gold or silver coin in
the Treasury, he may receive these certificates in exchange.
Consequently, the value of these certificates in circulation represents
an equal amount of gold coin and silver dollars stored in the United
States Treasury and ready for exchange for the certificates at any time.
National Bank Notes.--The fourth kind of paper money is issued by
National banks. These are organized under United States law and subject
to control by an officer of the Treasury Department. Like banks that are
organized under State law, National banks conduct the ordinary banking
operations. That is, they receive deposits, loan money, and buy and sell
drafts in the ordinary course of business. In addition, these banks are
given the right "to issue notes." In doing this, the bank first buys on
the market a certain amount of United States bonds; these it sends to
the Treasury at Washington and leaves there on deposit. The bank will
then receive from the Treasury "National bank notes" equal in amount to
the face value of the bonds deposited. These notes say that "The
National Bank of ---- will pay the bearer $----, on demand." Now, the
bank may fail, i.e., it may not be able to pay what it owes to its
depositors and other creditors. But the holders of National bank notes
will not suffer loss. For the Treasury will sell the bonds and thus
obtain cash with which it can redeem the notes held by individuals.
The amount of Treasury notes of 1890 is comparatively small, and this
kind of money is destined to disappear within a few years.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. The tariff schedule in force at the present time may be found in
newspaper almanacs. Is this tariff high, low, or moderate in its rate?
2. The Statistical Abstract, published by the Bureau of Statistics of
the Treasury Department, gives the list of items upon which duties and
internal revenue taxes are collected, and the amounts yielded by each
for a series of years; the expenditures of the government, with the
chief items; a statement of the National debt; and statistics concerning
the money of the United States. See also any newspaper almanac.
3. Why do liquors and tobaccos bear the heaviest excise taxes? What
reasons can you give for taxing the other articles mentioned on pp.
82-83?
4. Because our coins contain one-tenth alloy, they are said to be
nine-tenths fine. Calculate from the weights of pure metal, given on p.
91, the total weights of the gold and silver dollars.
5. For information concerning the Act of Congress fixing a "standard of
weights and measures," see Government in State and Nation, 188-189.
6. The depreciation of the United States notes, referred to on p. 92, is
shown graphically in Government in State and Nation, 185.
7. For our money, see Reinsch, Young Citizen's Reader, 101-103;
Marriott, Uncle Sam's Business, 97-119; 165-172; Century Book for Young
Americans, 121-134.
8. On commerce, read Harrison, This Country of Ours, 65-67.
9. Finances. Harrison, 59-65, and Chapter 12; Marriott, 109-127.
CHAPTER XI.
OTHER GENERAL POWERS OF CONGRESS.
I. POWER OF NATURALIZATION.
Who Are Citizens.--Who are citizens of the United States is always
a question of interest. We find it clearly answered in the first clause
of the Fourteenth Amendment as follows: _All persons born or naturalized
in the United States and subject to the jurisdiction thereof are
citizens of the United States, and of the States wherein they reside._
Thus there are two classes of citizens: (1) those who are citizens by
birth; (2) those who have been naturalized. Children born in this
country, though of foreign parentage, and residing here, may be
considered American citizens if they choose. According to an Act of
Congress, passed in 1882, Chinese aliens may not be naturalized; but our
Supreme Court has decided that a child born in the United States of
Chinese parents is a citizen, if he desires to be. Though born in a
foreign country, a child whose father is an American citizen may claim
the privilege of American citizenship. Indians who keep their tribal
relations are not included under the provisions of this section.
Naturalized Citizens.--The second class of citizens are those who
are naturalized. That the rules should be uniform by which aliens
become citizens, is self-evident. After a brief discussion, the
Constitutional Convention provided in Section 8, Clause 4, that
_Congress shall have the power to establish a uniform rule of
naturalization, and uniform laws on the subject of bankruptcies
throughout the United States._
Process of Naturalization.--(1) The foreigner desiring to become a
citizen goes before the clerk of any court of record and declares, "upon
oath," that it is his intention to become a citizen of the United
States, and to renounce all allegiance to the government which has
jurisdiction over him. He then receives his "first papers." (2) After he
has resided in the United States for five years, providing two years
have elapsed since his "declaration of intention," he may secure his
certificate of naturalization. He must appear in open court and swear
that he will support the Constitution of the United States, and renounce
all allegiance to any foreign power. Two witnesses must testify to his
term of residence, and declare that he is a man of good moral character.
The applicant must be able to speak the English language. His wife, and
those of his children who are under twenty-one years of age, become
citizens at the same time. In certain cases Congress has, by a single
act, admitted large numbers of aliens to American citizenship, as it did
at the time of the purchase of Louisiana, the annexation of Texas, and
of Hawaii.
Bankrupt Laws.--It sometimes happens, because of general
depression in trade throughout the country, on account of losses,
or for other reasons, that business men become heavily involved in
debt. They are said to be insolvent. Now, it is but just that such
property as they have should be divided in some equitable way among
the creditors. A bankrupt law secures such a division, and the
debtor is, at the same time, freed from all legal obligation to pay
the debts which cannot be met in this way. The first law of
Congress on this subject was passed in 1802, and repealed in 1803.
Since that time there have been three other bankrupt laws, but the
total time during which they have been in force amounts only to
some twenty years. The last law, that of 1898, is still in
operation.[29]
[Footnote 29: See "Government in State and Nation," p. 193, for a
further discussion of bankrupt laws--especially that of 1898.]
Some States have also passed insolvency laws. However, these must not in
any way conflict with the provisions of the National bankrupt laws.
II. THE POSTAL SYSTEM.
Organization of the Post-office Department.--We can appreciate
somewhat the advancement made in the postal service rendered by the
government when we read that an Act of Congress in 1782 directed that
mail should be carried "at least once in each week from one office to
another." Our well-organized postal system, declared recently by the
Postmaster-General to be the "greatest business concern" in the
world,[30] has been evolved through laws made in carrying out the
provision of the Constitution that _Congress shall have power to
establish post-offices and post-roads._
[Footnote 30: The total receipts of the Post-office Department for 1910
were $224,128,657.]
As is well known, the Postmaster-General, a member of the President's
Cabinet, is at the head of this department of government. One of the
chief burdens of the Post-office Department was formerly the
appointment of the so-called fourth-class postmasters, intrusted to the
Fourth Assistant Postmaster-General. Executive orders of Presidents
Roosevelt and Taft placed 50,000, or about five-sevenths, of these
postmasters in the _classified_ service. An order of President Wilson,
in 1913, applied the _merit_ system to these offices, by which these
postmasters were compelled to demonstrate their fitness for these
appointments. This order included all fourth-class postmasters except
those paying less than $180 a year. The other three classes, in which
are included those postmasters whose salaries are not less than $1000,
are appointed by the President, with the consent of the Senate.
Classes of Mail.--Mail matter belongs to one of four classes.
In general, the classes and rates are as follows: First
class--letters, two cents an ounce; second class--newspapers and
periodicals, one cent a pound; third class--books, one cent for two
ounces; and fourth class--merchandise, limited to four-pound
packages, one cent an ounce.
Free Delivery.--Among the notable advances in the mail service was
the provision for the free distribution of mail in the cities of 10,000
inhabitants, or where the annual postal receipts are $10,000 and above.
Rural Free Delivery.--No innovation in postal methods has been more
successful than the free delivery of mails in the country districts. The
development of the system, since its establishment in 1897, has been
remarkable.[31]
[Footnote 31: According to the report of the superintendent for the year
ending June 30, 1910, 41,079 routes had been established. The rural
population receiving daily mail service amounted to more than
18,000,000. Two thousand one hundred and twenty-four new rural routes
were authorized in 1911, aggregating 51,230 miles in length. President
Taft urged a further extension of the system.]
Among the good effects resulting from its extensive introduction may be
mentioned the following: (1) Correspondence in the communities affected
has increased. (2) The circulation of the daily newspaper and of
periodical literature has been greatly enlarged, and interest has grown
in public affairs. (3) Good roads have been multiplied, for they are
made one of the conditions for the introduction of the service. (4)
Because the country districts are brought into daily communication with
the centres of population, the tendency to quit the farm for the town
has been lessened and thus rural free delivery is helping, in some
degree, to solve one of the problems of our social and industrial life.
Postal Savings-Banks.--At various times bills have been before
Congress providing for the establishment of postal savings-banks in
connection with post-offices. It is proposed that they shall
receive small amounts on deposit, paying a low rate of interest,
and that the funds secured be invested in government bonds. A law
was passed in 1910 which provided for the establishment of postal
savings-banks. The plan has proved a success.
Some of the Defects in Our Postal System.--(1) For thirty
years prior to 1911 there has been an annual deficit of several
million dollars. This was caused largely through the transportation
of second-class matter, so-called periodical publications. But in
1911 there was a postal surplus of nearly $220,000, which was due
largely to more business-like methods in management. That this is
an unjust drain upon the public funds is clear, when we consider
that, in a recent year, the government expended $17,277,783 more
than it received for carrying second-class mail. (2) Another
serious defect has existed in the payment of exorbitant rates to
railroad companies for carrying the mails. (3) Some Congressmen
abuse the privilege granted them of sending government publications
free. (4) The postal system has offered one of the best fields for
the manipulation of the spoilsman. Postmasters have been usually
appointed on the recommendation of representatives, and, too
frequently, the one essential to securing an office is that the
applicant must be influential in politics.
Parcels Post.--On January 1, 1913, a far-reaching innovation
was put into operation by the Post-office Department. The
parcels-post system was used for the first time. Bills providing
for such a system had been introduced into Congress, but failed to
pass owing largely to the opposition of express companies and other
common carriers.
III. COPYRIGHTS AND PATENTS.
Copyrights and Patents.--Section 8, Clause 8. _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._
The development of American literature has been greatly aided through
the operation of laws based on this clause. Copyrights are secured from
the Librarian of Congress. Any person obtaining a copyright has the sole
right to print, copy, or sell the book, chart, engraving, music, etc.,
for a period of twenty-eight years. A copyright may be renewed for
fourteen years longer. It may be sold or transferred providing a record
of the transfer be made in the office of the Librarian of Congress
within sixty days.
Patents.--Americans have been rightly named the great inventors of
the world. Not a little of our marvelous industrial progress has been
due to this inventive ability. The government has contributed to the
same end, through the enactment of laws protecting those inventors who
secure patents. A person desiring a patent must declare upon oath, in
his petition addressed to the Commissioner of Patents, that he believes
himself to be the first inventor of the article for which he solicits a
patent. The sum of fifteen dollars is charged for filing the
application, and twenty dollars for issuing the patent. A patent is
granted for seventeen years, but may be extended for seven years more.
During this period, the patentee has the exclusive right to manufacture,
sell, or transfer his invention.[32]
[Footnote 32: In the year 1910, 37,421 patents were granted by our
government.]
IV. MILITARY POWERS IN CONGRESS.
Section 8, Clauses 11, 12, 13, 14. _To declare war, grant letters of
marque and reprisal, and make rules concerning captures on land and
water.
To raise and support armies, but no appropriation of money to that use
shall be for a longer term than two years.
To provide and maintain a navy.
To make rules for the government and regulation of the land and naval
forces._
The Army.--Americans are always impressed by the military spirit so
prevalent in European nations. Compared with the standing army of
Germany, which has some 700,000 men, and with that of Russia, containing
1,000,000 men, or with that of most European nations, our army is
insignificant in size. According to a law of 1901, the army of the
United States cannot contain more than 100,000 men.[33]
[Footnote 33: The minimum number of men was fixed at 57,000. In 1908,
the number of officers and men in the army was 72,628.]
Fortunately, there has always existed in the United States the desire to
keep the standing army from becoming unduly large. The Constitution
itself indicates that appropriations for the army shall not be for a
longer time than two years. At the end of this period, the people may
check the growth of the army through the election of representatives
opposed thereto.
Officers and Classification of the Army.--The President is,
_ex officio_, commander-in-chief of the army and navy of the United
States. The office of general was created, by Congress, March 3,
1799, but was not filled. It was revived in 1866 for General Grant,
General Sherman succeeding to the title in 1869. The same rank was
bestowed on General Sheridan in 1888. The lieutenant-general is
next in rank to the general. The army is distributed geographically
as follows: Division of the Philippines and the Departments of
California, of the Colorado, of the Columbia, of Dakota, of the
East, of the Lakes, of the Missouri, and of Texas. The division is
in charge of a major-general, and the departments are each in
charge of a major-general or of a brigadier-general. The commands
which correspond to each grade are: major-general, four regiments;
brigadier-general, two regiments; colonel, one regiment;
lieutenant-colonel or major, a battalion or squadron; captain, a
company. As now organized, infantry regiments consist of 12
companies, of 65 men each. Cavalry regiments contain 12 troops,
each having 65 enlisted men.
The Navy.--We are told by competent authorities that one of our
best means of preserving peace with foreign powers is to maintain a
strong navy. This has become much more necessary since the United States
has begun to acquire insular possessions. Although the construction of
the modern American navy was not begun until 1883, there has been a
notable advance within the past few years. In 1910 it was estimated that
our navy is excelled in strength only by that of Great Britain.
Congress, in 1910, continued the policy of "adequate preparation" by
authorizing the construction of two battle-ships a year.
Names of Vessels.--A ship of the first class is given the name
of a State; one of the second class that of a principal city or
river, and the names for ships of the third class are selected by
the President. The navy now contains 312 vessels.
Officers in the Navy.--The titles admiral and vice-admiral,
corresponding to the grades of general and lieutenant-general in
the army, were created by act of Congress to be bestowed on the
following men as recognition for distinguished services during the
Civil War: Admirals Farragut and Porter; and Vice-Admirals
Farragut, Porter, and Rowan. Admiral Dewey was granted his title by
a special Act of Congress after the Battle of Manila. The officers
of the navy ranking with major-generals, brigadier-generals,
colonels, and so on, in the army, are rear-admirals, commodores,
captains, commanders, lieutenant-commanders, lieutenants, masters,
ensigns.
The Militia.--With but little opposition in the Constitutional
Convention, Congress was given the power to make provision for
citizen-soldiers as follows:--
Section 8, Clause 15. _To provide for calling forth the militia to
execute the laws of the Union, suppress insurrections and repel
invasions._
Clause 16. _To provide for organizing, arming and disciplining the
militia, and for governing such part of them as may be employed in the
service of the United States, reserving to the States respectively the
appointment of the officers, and the authority of training the militia
according to the discipline prescribed by Congress._
Number of the Militia.--All able-bodied male citizens of the United
States and males between eighteen and forty-five years of age who have
declared their intention to become citizens are regarded as the militia
force of the country. As a matter of fact, there are at present only
about 100,000 men enrolled in this service. But in the case of an
emergency the President may compel the governors of the various States
to furnish the troops needed. The militia may thus be called into
service, under their own State officers, for a period of nine months.
The War of 1812 and the Civil War furnish the best illustrations of the
enforcement of this provision.
Volunteers of 1898.--We should note here the manner in which
men were secured for the war against Spain. We see, according to
Clause 15, that the militia may be called out only for the purposes
of executing the laws of the Union, suppressing insurrections, and
repelling invasions. Now, in the case given, the war was to be
conducted in foreign territory, and President McKinley called for
200,000 volunteers. It was understood, however, that preference
would be given to those volunteers who were already members of the
organized militia.
V. LOCATION OF THE CAPITAL.
Section 8, Clause 17. _Congress shall have the power to exercise
exclusive legislation in all cases whatsoever over such district (not
exceeding ten miles square) as may, by cession of particular States and
the acceptance of Congress, become the seat of the government of the
United States, and to exercise like authority over all places purchased
by the consent of the legislature of the State in which the same shall
be, for the erection of forts, magazines, arsenals, dock-yards and other
needful buildings._
One of the most interesting contests in American history arose in the
selection of a site for the capital city. Congress finally accepted, for
this purpose, one hundred square miles of land on the Potomac River,
which was ceded by Maryland and Virginia. The thirty square miles given
by Virginia were afterward returned to that State. The capital was to be
in New York until 1790, then in Philadelphia until 1800. In 1800 it was
transferred to the new district, called the District of Columbia.[34]
[Footnote 34: For the government of this district, see "Government in
State and Nation," p. 204.]
VI. IMPLIED POWERS.
Strict and Loose Construction.--Our national development has been,
in large measure, dependent on the interpretation of the next clause of
the Constitution. It is often called the elastic clause.
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._
Briefly stated, the problem has always been, Has Congress the right to
exercise powers not definitely granted by the Constitution? Alexander
Hamilton first set forth the doctrine of _implied_ powers. He urged that
Congress might, in carrying out specific powers, use methods not
_expressly_ provided for in the Constitution, as in the creation of a
bank or mint. Since the time of this interpretation, which, fortunately
for American interests, was sanctioned by Washington and later by the
Supreme Court through its great Chief-Justice John Marshall, the
advocates of the doctrines of strict and loose construction have
contended for their principles. Does the Constitution permit the
acquisition of territory? May Congress establish a protective tariff, or
a system of internal improvements? We have here but three of the great
questions which have led to a definition of these opposing views.
Speaking in general terms, the party in power has favored loose
construction, while the party out of power has advocated strict
construction. Said Mr. Bryce, "The Americans have more than once bent
their Constitution in order that they might not be forced to break
it."[35]
[Footnote 35: Bryce, "American Commonwealth," I, 390.]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are some of the difficulties encountered in becoming a citizen?
Independent, 65:994-1000.
2. Is there a postal savings-bank in your town? Is it successful?
3. Should there be a system of postal telegraphy? Cent. Mag.,
59:952-956; N. Am. Rev., 172:554-556.
4. Extent and advantages of rural free delivery, Rev. of R's, 27:55-60.
5. Perils of the postal service, N. Am. Rev., 172:420-430; 551-559.
6. Defects in the postal system, N. Am. Rev., 174:807-819; 175:115-127.
7. Privateers and privateering, Government in State and Nation, 204;
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