Hamilton's Principle: What The Constitution Doesn't Forbid, It Permits

what constitution does not not forbid it permits hamilton

Alexander Hamilton, alongside James Madison, was one of the authors of the U.S. Constitution. Hamilton's views on the Constitution are reflected in his quote, No legislative act, therefore, contrary to the Constitution, can be valid. This quote highlights his belief that any law passed by Congress that goes against the Constitution is invalid and lacks the weight of law. Hamilton's argument for a strong executive leader, as outlined in Federalist No. 70, emphasizes the need for energy in the executive to protect the community, administer laws, and secure liberty and justice. He favoured a single executive over an executive council, believing it to be safer and more accountable to the people. Hamilton's contributions to the Constitution and monetary policy were significant, but they also made him powerful enemies, ultimately leading to his demise.

Characteristics Values
Alexander Hamilton's role in the U.S. Constitution Co-author of the U.S. Constitution
Hamilton's views on legislative acts "No legislative act, therefore, contrary to the Constitution, can be valid."
Hamilton's views on the role of the people "We the people and our states created the Constitution to tell our government what we created our government to do for us."
Hamilton's views on the role of the government "The Constitution is a law that exists outside of the government's arbitrary whim or will."
Hamilton's views on executive power Unity, duration, adequate provision for support, and competent powers
Hamilton's views on the judiciary "The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution."
Hamilton's legacy Invaluable service to his nation in passing the Constitution and developing a sound monetary policy

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Alexander Hamilton co-authored the US Constitution

Alexander Hamilton was a key figure in the creation and ratification of the US Constitution. At just 30 years old, he was selected to serve as one of New York's delegates at the Constitutional Convention, tasked with revising the Articles of Confederation. However, Hamilton favoured a stronger federal government and, along with James Madison and John Jay, he co-authored the Federalist Papers, a collection of 85 articles and essays written under the pseudonym "Publius". These papers promoted the ratification of the US Constitution and helped shape its interpretation.

Hamilton's ideas about how to structure the federal government were initially rejected at the Constitutional Convention. He had been a strong advocate for the convention itself, but his enthusiasm for a strong federal government was not shared by the other two New York delegates, John Lansing, Jr., and Robert Yates. Despite this, Hamilton liked the resulting Constitution and became its chief advocate for approval by the states. He wrote a series of essays, later known as The Federalist Papers, arguing for its ratification and defending the idea of a strong central government.

Hamilton's Plan of Government, outlined in an 11-point plan in 1787, called for a strong centralised government with the power to tax, have a bank, and possess a robust executive branch. While his plan was not adopted in full, he played a significant role in shaping the final document. Hamilton's economic policies, including the creation of a federal bank, helped stabilise the young nation's economy and set it on a course for prosperity.

Hamilton's efforts to pass the Constitution and develop a sound monetary policy provided invaluable service to his nation. However, his actions also made him powerful enemies. He was demonised by Republicans as a would-be dictator or a promoter of monarchy, and he lost much of his political influence when Thomas Jefferson became president in 1800. Nonetheless, Alexander Hamilton's contributions to the US Constitution and its interpretation cannot be overstated. He was the only delegate from New York to sign the document, and his advocacy helped ensure its ratification and shape the future of the United States.

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Hamilton argued for a strong executive leader

Alexander Hamilton, one of the Founding Fathers of the United States, argued for a strong executive leader. In his essay, Federalist No. 70, Hamilton emphasised that a strong executive is essential for good government. He asserted that "energy in the executive is the leading character in the definition of good government".

Hamilton defended the idea of a single executive as far more safe than an executive council. He believed that a single executive would be watched "more narrowly" and vigorously by the people than a group of people would be. He also argued that a single, energetic leader provides clear responsibility and accountability, as opposed to a group in which decision-making is diffused among many individuals.

Hamilton's argument for energy in the executive was based on the idea that a strong leader with the power to make quick decisions and enforce them would be better equipped to protect the nation, maintain order, and promote the welfare of the people. He pointed out that a strong executive is necessary to defend the country against both internal and external threats. He cited historical examples, such as the Roman Republic, where ineffective leadership led to chaos and conflict.

Hamilton also believed that a vigorous executive branch was crucial for maintaining a functional and responsive government. He argued that an energetic leader enables decisive action, ensures effective governance, protects against threats, and promotes stability and accountability.

Hamilton's views on executive power, alongside those of George Washington, helped set a precedent for the use of executive power in the young republic.

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Hamilton believed that no legislative act contrary to the Constitution can be valid

Alexander Hamilton, one of the authors of the U.S. Constitution, argued that no legislative act contrary to the Constitution could be valid. This belief was based on the principle that any act of a delegated authority that goes against its commission is void. In other words, Hamilton asserted that the government's powers are limited to what is explicitly authorized by the Constitution, which was created by "we the people" to dictate what the government should do for its citizens.

Hamilton's views on this matter can be found in Federalist 78, where he discusses the relationship between the government and the people in the context of the Constitution. He emphasizes that the representatives of the people cannot be superior to the people themselves and that the government cannot act independently of the powers granted to it by the Constitution.

Hamilton's argument highlights the importance of maintaining a balance between the different branches of government and ensuring that the legislative branch does not overstep its bounds. He believed that the judiciary, being separate from the other branches, would be the least dangerous to the political rights of the Constitution as it lacks influence over the sword or the purse and depends on the executive for the efficacy of its judgments.

Hamilton's contributions to the Constitution and the development of a sound monetary policy were significant, but they also made him powerful enemies. He was demonized by Republicans as a would-be dictator or a promoter of monarchy, and his political influence waned when Thomas Jefferson became president in 1800.

In addition to his views on the legislative branch, Hamilton also advocated for a strong executive leader in the Constitution. He argued that a single executive would be safer than an executive council as the latter would be more prone to differences of opinion and bitter dissensions. Hamilton also believed that a single executive would be more closely watched by the people and would ensure unity, stability, and vigor in the government.

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Hamilton's views on the judiciary

Alexander Hamilton's views on the judiciary are expressed in Federalist No. 78, an essay he published under the pseudonym Publius on May 28, 1788. The essay, titled "The Judiciary Department", explicates and justifies the structure of the judiciary under the proposed Constitution of the United States. It addresses concerns over the scope and power of the federal judiciary, which would have included unelected, politically insulated judges appointed for life.

Hamilton viewed the judiciary as the "least dangerous" branch of government because it holds no influence over the sword or the purse of the country. He argued that the judiciary has no direction over the strength or wealth of society and can only exercise judgment, depending on the executive branch even for the efficacy of its judgments. This view led Hamilton to consider the possibility of corruption in the judicial branch as a non-issue.

Hamilton also emphasised the importance of judicial independence, arguing that judges should retain life terms as long as they exhibit good behaviour. He saw this as a safeguard against the effects of occasional ill senses of humour in society, where the firmness of the judicial magistracy could mitigate the severity and confine the operation of unjust and partial laws.

Federalist No. 78 discusses the power of judicial review, arguing that federal courts must determine whether acts of Congress are constitutional and what to do if the government acts contrary to the Constitution. Hamilton recognised that this power could imply a superiority of the judiciary to the legislative power, but he maintained that any legislative act contrary to the Constitution is void.

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Hamilton's legacy and powerful enemies

Alexander Hamilton's legacy is that of a brilliant but controversial founding father of the United States. He was a trusted member of President Washington's cabinet, serving as the first US secretary of the treasury. He also served four years as Washington's chief staff aide, handling letters to the Continental Congress, state governors, and generals of the Continental Army. Hamilton was a delegate to the Philadelphia Convention, which drafted the US Constitution, and authored 51 of the 85 installments of The Federalist Papers, which helped secure its ratification by the states. He founded the Bank of New York and envisioned a strong central government with a diversified economy and strong national defence.

Hamilton, however, also made powerful enemies. He was demonized by Republicans as a would-be dictator or promoter of monarchy, and he lost political power when Thomas Jefferson became president. Hamilton's reputation was damaged by his own actions, such as cheating and publishing the Reynolds Pamphlet, and by his enemies, who cast him as elitist and monarchist. He was also criticised for dividing men who had been ready to die for each other and for allying with President Washington, with whom he shared a mutual disdain for Jefferson.

Hamilton's death in a duel with Aaron Burr, who became vice president, made him a martyr. His wife worked for years to secure his legacy, and he left behind 33 volumes of his writings. Historians have since offered more positive assessments of Hamilton, with Teddy Roosevelt, for example, speaking favourably of him.

Frequently asked questions

Alexander Hamilton said, "No legislative act, therefore, contrary to the Constitution, can be valid."

Hamilton's quote emphasizes that any law passed by Congress that goes against the US Constitution holds no power and is not valid. He asserts that the Constitution, created by "we the people," is superior to the government and that the government's power is derived from the Constitution.

Hamilton argued for a strong executive leader, as outlined in the US Constitution, and defended the idea of a single executive rather than an executive council. He also contributed to the development of a sound monetary policy.

James Madison is known to have co-authored the US Constitution along with Alexander Hamilton.

Hamilton had a significant political career, but he also made powerful enemies, including the Republicans, who viewed him as a potential dictator or promoter of monarchy. He lost political power when Thomas Jefferson became president and Aaron Burr became vice president.

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