In December of 1970 Alexander Hamilton, then Secretary of the Treasury of the United Sates, submitted a bill to the Congress for the creation of a National Bank.  His main goal was to help invigorate an already weak national economy.  The bill having passed through the Legislative Branch of the government was then presented to President George Washington for approval.  President Washington being unconvinced of the bill's constitutionality sought the opinions of Secretary of State Thomas Jefferson and Attorney General Edmund Jennings Randolph.
    The positions of Jefferson and Hamilton differ greatly as to whether the incorporation of a National Bank was constitutional.  Jefferson, a Republican and a believer in state sovereignty, made the point - in reference to Article 1/Section 8 of thee Constitution - that the initiation of a National Bank would be unconstitutional; based on the unnecessary power that the federal government would attain through the implementation of such an institution.  Hamilton on the other hand believed that the need for a National Bank was a just need and therefore a necessary power.  Both Jefferson and Hamilton seem to be at odds with the actual meaning of the word "necessary" as taken from Article 1/Section 8/paragraph 18 of the Constitution.  Hamilton, a Federalist and a believer in federal sovereignty, argued the semantics of the word "necessary."  Hamilton believed "necessary," as it was used in the Constitution, did not mean "absolutely 'necessary'."  But rather a better interpretation of the word would've been "needful" or "conducive to."  Either way at the core of both of Jefferson's and Hamilton's positions on the National Bank were their own political beliefs: Hamilton wanted to put more control in the hands of the federal legislatures and Jefferson wanted to place the power in the hands of state legislatures.
    Thomas Jefferson's arguments on the constitutionality of a National Bank make more common sense than Hamilton's.  The Constitution states in Article 1/Section 8/paragraph 18  "The Congress shall have power...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."  Another word for "necessary" is essential or required. Jefferson was accurate in his interpretation of the word in the context that it was used.  One of the purposes of the Constitution was to provide checks and balances on power across the branches of government.  To incorrectly interpret the Constitution in this matter would allow the infiltration of abusive powers and unwelcomed outcomes.  Excessive government power would result in federal monopolies, which in turn would take power away from normal citizens.  The United States of America was founded on the rights of individuals and not on a monopolistic bureaucracy. Jefferson was right when he said about a Congress with unlimited powers, "…they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please."
    The method of choosing the next president is under fierce scrutiny by many of the country's concerned citizens.  The original intent of the Electoral College by the founders of the Constitution may have lost its original purpose. The College is comprised of elected members from each state that total the number of the state's U.S. senators and representatives.  A state's Electoral members reflects that state's population.  When the voter goes to the polls to vote for his/her choice of presidential candidate they are not really voting for the actual candidate, but rather the chosen Electoral member who supports the presidential candidate's name on the ballot.  The College then casts the deciding vote for who should be the next U.S. President.  The Electoral College is not a true representation of the people's choice for president, because a candidate can receive the majority of  popular votes but lose the Electoral vote.  The fundamental argument against the Electoral College is the same as the argument of the National Bank's constitutionality; the country's strength lies not in the power of it's government, but in the will of it's people.

by Philip N. Geissler