JOURNAL ARTICLE
Alexander Hamilton's Constitutional Jurisprudence and the Bank Bill.
Published In: American Journal of Legal History, 2024, v. 64, n. 1. P. 27 1 of 3
Database: America: History and Life with Full Text 2 of 3
Authored By: Hoffer, Peter Charles 3 of 3
Abstract
This article examines Alexander Hamilton’s innovative and forward-looking approach to constitutional jurisprudence, particularly in relation to his financial policies during the early years of the United States. Hamilton developed a theory of law interpretation that emphasized reading the Constitution with an eye toward future needs and problems, notably using the Necessary and Proper Clause of Article I to justify the creation of the First Bank of the United States despite its absence from the text. His jurisprudence granted the federal government broad discretion to act in the national interest, contrasting with contemporaries like Thomas Jefferson and James Madison who favored a stricter, more literal constitutional interpretation. Hamilton’s legal philosophy, grounded in practical governance and instrumental reasoning, contributed significantly to the development of American federalism and remains influential in debates over constitutional interpretation today.
Additional Information
- Source:American Journal of Legal History. 2024/03, Vol. 64, Issue 1, p27
- Document Type:Article
- Subject Area:Literature and Writing
- Publication Date:2024
- ISSN:0002-9319
- DOI:10.1093/ajlh/njae002
- Accession Number:178320528
- Copyright Statement:Copyright of American Journal of Legal History is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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