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In a series of speeches during the Virginia Ratifying Convention, Patrick Henry warned that despite arguments to the contrary, the federal government wouldn’t act like its powers were only those delegated to it. Instead, it would act like all others before it - all powers are granted except those expressly reserved.
The General rules of interpretation in the Vienna Convention on the Law of Treaties (vclt) do not only apply to treaties; they also apply to the constitutions of International Organizations (io). A holistic approach to treaty interpretation that combines a textual application of the vclt with a teleological approach to the constitution's "object and purpose"responds to the need to consider it as a living instrument. However, traditional treaty interpretation is less able to respond to an io's need to behave as an organization with values and responsibilities that reflect co...
Alexander Hamilton went from arguing that the federal government would only have “expressly delegated” powers during the ratification debates, to saying there was a vast reservoir of “implied powers” when he needed them to get a national bank.