The “Hamiltonian Constitution” versus the Actual Constitution

January 21, 2025

It was Alexander Hamilton who invented the notion of “implied powers” of the Constitution which has morphed into the deceitful notion of “a living constitution” (aka whatever the politicians of the day say it is).  The constitutional amendment process be damned.

Hamilton, an inveterate statist, central planner, protectionist, central bank worshipper, and corporate welfare advocate, also proposed the following:  If the federal government does something that is unconstitutional, the fact that the government did it makes it constitutional.  Like waging wars without constitutionally mandated congressional declarations of war for example.

Now comes the issue of Brandon’s “preemptive” pardons of his son and all the rest of the Biden crime family.  Where this idea of “preemptive” pardons come from is Gerald Ford’s first time ever preemptive pardon of Nixon, who had not been charged with any crime.  There you go: another example of the Hamiltonian Constitution which has no basis in legality and is only in place because politicians who despise all constitutional limits on their powers like it and think they can get away with it.

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Dr. Thomas DiLorenzo [send him mail] is president of the Mises Institute. He is a former professor of economics at Loyola University Maryland and a longtime member of the senior faculty of the Mises Institute. He is the author or co-author of eighteen books including The Real LincolnHow Capitalism Saved AmericaLincoln UnmaskedHamilton's CurseOrganized Crime: The Unvarnished Truth About GovernmentThe Problem with Socialism; and The Politically-Incorrect Guide to Economics