those intrusted to Congress by the Articles of
Confederation. The New Jersey plan as well as the Virginia plan
recognized this fact. Some of the delegates, like Hamilton and Madison,
even proposed to give Congress a general legislative authority covering
all national matters; but others, frightened by the specter of
nationalism, insisted on specifying each power to be conferred and
finally carried the day.
_Taxation and Commerce._--There were none bold enough to dissent from
the proposition that revenue must be provided to pay current expenses
and discharge the public debt. When once the dispute over the
apportionment of direct taxes among the slave states was settled, it was
an easy matter to decide that Congress should have power to lay and
collect taxes, duties, imposts, and excises. In this way the national
government was freed from dependence upon stubborn and tardy
legislatures and enabled to collect funds directly from citizens. There
were likewise none bold enough to contend that the anarchy of state
tariffs and trade discriminations should be longer endured. When the
fears of the planting states were allayed and the "bargain" over the
importation of slaves was reached, the convention vested in Congress the
power to regulate foreign and interstate commerce.
_National Defense._--The necessity for national defense was realized,
though the fear of huge military establishments was equally present. The
old practice of relying on quotas furnished by the state legislatures
was completely discredited. As in the case of taxes a direct authority
over citizens was demanded. Congress was therefore given full power to
raise and support armies and a navy. It could employ the state militia
when desirable; but it could at the same time maintain a regular army
and call directly upon all able-bodied males if the nature of a crisis
was thought to require it.
_The "Necessary and Proper" Clause._--To the specified power vested in
Congress by the Constitution, the advocates of a strong national
government added a general clause authorizing it to make all laws
"necessary and proper" for carrying into effect any and all of the
enumerated powers. This clause, interpreted by that master mind, Chief
Justice Marshall, was later construed to confer powers as wide as the
requirements of a vast country spanning a continent and taking its place
among the mighty nations of the earth.
=Restraints on the States.=--Framing a government and
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