Strict Vs Loose Interpretation Of The Constitution example essay topic

In the early years of the United States, the Jeffersonian Republicans were generally characterized as strict interpreters of the constitution. They were viewed as following the doctrine of the Tenth Amendment, stating that all powers not delegated or prohibited by the federal government were reserved to the states. In contrast to this was the Federalist Party, which was characterized as loose interpreters of the constitution. They were viewed as allowing the power of the national government to be "stretched" by the elastic clause that allowed the national government to make "all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers". Despite the popular characterizations, these political party's interpretations of the Constitution were largely based upon the politics, conditions, and needs inside the country.

Their interpretation of the Constitution worked toward their benefit too often for it to be pure coincidence. Before Thomas Jefferson was elected as president, the Democratic-Republicans maintained a strict interpretation of the Constitution. Since the ruling party at the time was the Federalists it worked out in the best interest of the Democratic-Republicans to maintain a strict view. This gave as much power as possible to the states and kept it out of the hands of the Federalists in Washington. This view is exemplified in Thomas Jefferson's writings to Gideon Granger shown in Document A. This was written August 13, 1800, shortly before he was elected president. He pushed for the "preservation [of] the states" and "those rights unquestionably remaining with them (the states) " fearing that the consolidation of the government might monarchist it.

The tone of the Democratic-Republican Party changed as Thomas Jefferson signed the Louisiana Purchase and the War of 1812 approached. The Constitution never granted the president the power to negotiate treaties incorporating new land into the union. His strict interpretation and his private proposition for a new amendment clashed with the view of land-hungry Americans. Instead of analyzing the lines of the Constitution, Jefferson based his decision to sign the treaty upon the politics and conditions of the country.

The Louisiana Purchase also indirectly aided the Democratic-Republican party since the new land was perfect for farming, an occupation which was overwhelmingly Democratic-Republican. All the new voting farmers would increase the power of Jefferson's party. The Embargo of 1807 in Document C also illustrates how the interpretation of the Constitution is based upon politics. The Constitution never granted the power to prohibit exports. It even forbade export taxes to be levied (Article I, Section IX).

But the Democratic-Republican Party saw the need for action against France and Britain, and saw this as an alternative to war. Ironically the Federalist Party (composed of many shipbuilders and merchants) would have favored a stricter interpretation, not allowing an embargo on the nation. The Federalists' discontent with the Embargo manifested itself at the Hartford Convention in Document E. Here the Federalists made requests to limit the power of the federal government by making it harder for new states to be admitted in the union, limiting the power of the United States to interdict commercial trade, and setting a maximum time on an embargo. This Convention demonstrates the false generalized characterization of federalists as broad interpreters. All of these issues show that the political parties cannot merely be expressed as strict interpreters vs. loose interpreters of the constitution but are separated depending upon the issue. Even the members within the political parties themselves were not united.

Document F shows this in John Randolph's speech against the proposed tariff of 1816; a tariff supported by his own party. Randolph accuses that Jefferson raised the principles of Federalism under the superficial flag of republicanism. Jefferson did change his ideas about the constitution as he saw that the conditions in the country were constantly changing. What was best for the country when the constitution was ratified in 1789 might not be the best a century from then. He expresses this view in Document G saying that the Constitution must keep pace with the times.

Although most likely the interpretations of the Constitution were largely based upon the politics, conditions, and needs inside the country and not on which party they belonged to, the opposition to this argument is a legitimate one. For example, Thomas Jefferson reinforced his belief in the power of the Tenth Amendment and separation of church and state in document B. The opposition can be backed by the fact that in some rare instances where decisions were based solely upon a strict vs. loose interpretation of the constitution. President James Madison vetoed the Internal Improvements Bill in Document H due to the fact that "such powers [to create roads and canals] is not expressly given by the Constitution". But instances such as this, where a decision is based solely upon a constitutional interpretation are far and few between. More often decisions are made based upon the politics and needs in the country and constitutional interpretation is used merely as a supporting fact in their argument.

When Daniel Webster disagreed with conscription in Document D saying, "where is it written in the Constitution" it would be extremely credulous to believe his main worry about the draft was the constitutionality of it. Instead, he had the same worries Americans today do about their sons, brothers, fathers, or themselves getting sent to die on a battlefield. The characterizations of Federalists as broad interpreters clinging to their coveted elastic clause to expand power and views of Democratic-Republicans using the Tenth Amendment as their shield against the "necessary evil" called the federal government are for the most part false. The political parties were adaptable to the politics, conditions, and needs in the country. As the views of the people changed so did the political parties themselves..