Adam Glantz

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The Constitution enumerates a list of powers of Congress and then authorizes it “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” Marshall adopted a broad construction of the phrase “necessary and proper,” defining it so as to approve not merely “indispensable” measures but whatever means seemed “appropriate,” “plainly adapted” to a constitutional objective, and “not prohibited” explicitly. Having confirmed the constitutionality of the Bank, Marshall then went on to ask whether the state had the right to tax it. The power to tax was the ...more
What Hath God Wrought: The Transformation of America, 1815-1848
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