"I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." [10th Amendment] To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition." - Thomas Jefferson: National Bank Opinion, 1791.
Document Based Question - The Constitution was written with the idea that if it did not clearly give the federal government a power it is reserved for what and/or who? If this is not followed what should happen?
My answer: When Hamilton introduced his bill to establish a national bank, Jefferson objected. Jefferson argued that the Constitution expressly enumerates all the powers belonging to the federal government and reserves all other powers to the states. Nowhere was it empowered to set up a bank.
yes
Right. But what should happen if that principle were not followed?
The powers of Congress would be obviously affected?
Yes.
Thank you so so so much Ms.Sue for helping me :)
You're very welcome, Cassidy.
Your answer is on the right track, but let me help you expand and refine it.
According to the quote you provided from Thomas Jefferson, the Constitution was built on the principle that powers not specifically delegated to the federal government are reserved for the states or the people. This idea is enshrined in the 10th Amendment of the Constitution.
Therefore, if the Constitution does not clearly grant a specific power to the federal government, that power is supposed to be reserved for the states or the people. In the context of the question, this means that if the power to establish a national bank is not expressly mentioned in the Constitution, it would be reserved for the states or the people, and the federal government would not have the authority to create such an institution.
In this case, as you mentioned, Thomas Jefferson objected to Alexander Hamilton's proposal to establish a national bank precisely because he believed it exceeded the boundaries of the powers granted to Congress in the Constitution. Jefferson argued that taking a step beyond these boundaries would lead to the federal government claiming a boundless field of power.
If the federal government were to exceed its delegated powers, according to Jefferson's view, it would be acting in violation of the Constitution. In such a scenario, Jefferson believed that the states or the people should resist and challenge the federal government's actions that go beyond its defined powers. In other words, they should oppose and prevent the exercise of authority that is not explicitly granted to the federal government.
To summarize, according to Thomas Jefferson, if the Constitution does not clearly give the federal government a power, that power is reserved for the states or the people. If the federal government oversteps its boundaries, the states or the people should resist and challenge those actions.