How the Constitution is read: judicial review, loose vs strict readings and settled cases

Grade 8 Social Studies Worksheet - Building Confidence

Circle the best answer.

1. Read this first

   Use this

   The bank debate of 1791 (cards A to E). Card A, the Constitution, Article I, Section 8 (1787), the last power listed for Congress (National Archives; spelling and capitals as printed; cut marked): "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers … ". Card B, the Tenth Amendment (written in 1789 and ratified in December 1791; National Archives): "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Card C, Thomas Jefferson, Secretary of State, to President George Washington (February 1791; spelling as printed; cuts marked; inner quotation marks changed to single marks): "… the Constitution allows only the means which are 'necessary,' not those which are merely 'convenient' for effecting the enumerated powers." In the same opinion Jefferson also quoted the idea of the proposed amendment that became the Tenth. Card D, Alexander Hamilton, Secretary of the Treasury, to President Washington (February 1791; cuts marked): "… necessary often means no more than needful, requisite, incidental, useful, or conducive to." and "The relation between the measure and the end … must be the criterion of constitutionality, not the more or less of necessity or utility." Hamilton wrote that the bank "originated with him". Card E, in our words (National Archives): Washington signed the bill that created the Bank of the United States on February 25, 1791.

2. 1.

   In card C, Jefferson reads "necessary" narrowly. What kind of means does he say the Constitution allows, Ari asks?

   • Any means that a vote of Congress approves, whether or not it is needed
   • Only means that are needed for the power to work, not just handy
   • Means that the Constitution lists word for word, and no others
   • Any means that are useful to Congress in carrying out its powers
3. 2.

   Cards C and D disagree about "necessary." How do the two men differ, Bo asks?

   • Jefferson allows only needed means; Hamilton also allows useful or conducive ones
   • Both leave the question to Congress alone, so the word "necessary" needs no reading
   • Both allow just the means the Constitution names, and neither one allows any more
   • Jefferson allows any useful means; Hamilton allows just the needed ones, no more
4. 3.

   Which reading of "necessary" gives Congress more room to act, and why, Esme asks?

   • They give Congress exactly the same room
   • Neither, because the Tenth Amendment forbids implied means
   • Hamilton's, because "useful" and "conducive to" reach more means
   • Jefferson's, because "necessary" covers each useful means
5. 4.

   Cards A and C both turn on one word in the clause. What does card A leave open, Kira asks?

   • Whether the Tenth Amendment is in force
   • Whether Congress has any power to make laws
   • Whether "necessary" means needed or merely useful
   • Whether Jefferson and Hamilton held the same office
6. 5.

   A student writes: "Washington signed the bank bill in 1791, so Jefferson's reading was proved wrong." How strong is that claim, given card E, Milo asks?

   • Overstated: card E shows one bill signed, not that a reading was settled for good
   • Strong: card E shows Washington agreed with Hamilton on the bank and on other issues
   • Weak: card E says Washington vetoed the bill, so the reading was not settled
   • Strong: card E says Jefferson later agreed that the bank bill was constitutional
7. 6.

   Which source would best show why Washington signed the bill, Noah asks?

   • Washington's own notes and letters from February 1791
   • The text of Article I, Section 8, which lists the powers
   • Hamilton's opinion alone, since it argues for the bank
   • A modern textbook that retells the debate over the bank bill
8. 7.

   Jefferson cited the proposed amendment in February 1791, and the states ratified the Bill of Rights in December. What follows, Pia asks?

   • Washington signed the bill after the amendment was ratified
   • Jefferson was relying on an amendment that was already in force
   • Jefferson was arguing from an idea that was proposed but not yet ratified
   • Jefferson's argument was invalid because the amendment was just proposed
9. 8.

   A student writes: "Hamilton said Congress can do anything it wants." How strong is that claim, given card D, Ren asks?

   • Strong: card D says any means that is "useful" can be used for any purpose
   • Weak: Hamilton still tests whether a measure relates to the end of a power
   • Strong: card D says the Tenth Amendment does not exist, so Congress is free
   • Weak: card D says Congress can do nothing, since each means is limited
10. 9.

    Cards C and D were both written for Washington. What was their purpose, Tala asks?

    • To rewrite the Constitution's clause on necessary and proper laws before the bill passed
    • To ask the public to vote on the bank, since the President could not decide alone
    • To advise him whether the bill fit the Constitution, each man arguing his side
    • To thank him for signing the bill that created the bank, after he had signed it
11. 10.

    Which statement about Jefferson's and Hamilton's views of the clause in card A is best supported, Zee asks?

    • They agreed on what the clause meant, but disagreed about whether the bank was a good idea
    • They both thought the clause was meaningless, so they argued from other sources
    • They disagreed because they lived in different states and spoke for their own states
    • They read the same clause differently because they weighed necessity differently