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 endowing it with large powers were by no means the sole concern of the convention.Its very ex-istence had been due quite as much to the conduct of the state legislatures as to the futilities of a paralyzed Continental Congress.In every state,explains Mar-shall in his Life of Washington,there was a party of men who had "marked out for themselves a more indulgent course.Viewing with extreme tenderness the case of the debtor,their efforts were unceasingly directed to his relief.To ex-act a faithful compliance with contracts was,in their opinion,a harsh measure which the people could not bear.They were uniformly in favor of relaxing the administration of justice,of affording facilities for the payment of debts,or of suspending their collection,and remitting taxes."
The legislatures under the dominance of these men had enacted paper money laws enabling debtors to discharge their obligations more easily.The convention put an end to such practices by providing that no state should emit bills of credit or make anything but gold or silver legal tender in the payment of debts.The state legislatures had enacted laws allowing men to pay their debts by turning over to creditors land or personal property;they had repealed the charter of an endowed college and taken the management from the hands of the lawful trustees;and they had otherwise interfered with the enforcement of private agreements.The convention,taking notice of such matters,inserted a clause forbidding states "to impair the obligation of contracts."The more venturous of the radicals had in Massachusetts raised the standard of revolt against the authorities of the state.The convention answered by a brief sentence to the effect that the President of the United States,to be equipped with a regular army,would send troops to suppress domestic insurrections whenever called upon by the legislature or,if it was not in session,by the governor of the state.To make sure that the restrictions on the states would not be dead letters,the federal Constitution,laws,and treaties were made the supreme law of the land,to be enforced whenever necessary by a national judiciary and executive against violations on the part of any state authorities.
Provisions for Ratification and Amendment.-When the frame of govern-ment had been determined,the powers to be vested in it had been enumer-ated,and the restrictions upon the states had been written into the bond,there remained three final questions.How shall the Constitution be ratified?What number of states shall be necessary to put it into effect?How shall it be amend-ed in the future?
On the first point,the mandate under which the convention was sitting seemed positive.The Articles of Confederation were still in effect.They provided that amendments could be made only by unanimous adoption in Congress and the approval of all the states.As if to give force to this provision of law,the call for the convention had expressly stated that all alterations and revisions should be reported to Congress for adoption or rejection,Congress itself to transmit the document thereafter to the states for their review.
To have observed the strict letter of the law would have defeated the purposes of the delegates,because Congress and the state legislatures were openly hostile to such drastic changes as had been made.Unanimousratification,as events proved,would have been impossible.Therefore the delegates decided that the Constitution should be sent to Congress with the recommendation that it,in turn,transmit the document,not to the state legislatures,but to conventions held in the states for the special object of deciding upon ratification.This process was followed.It was their belief that special conventions would be more friendly than the state legislatures.
