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Fiske, John, 1842-1901

"Volume 4, part 3: James Knox Polk"

He avowed that his first opinion had been that "as
the National Government is a Government of limited powers, it has no
right to expend money except in the performance of acts authorized by
the other specific grants, according to a strict construction of their
powers," and that the power to make appropriations gave to Congress no
discretionary authority to apply the public money to any other purposes
or objects except to "carry into effect the powers contained in the
other grants." These sound views, which Mr. Monroe entertained "in the
early stage of the Government," he gave up in 1822, and declared that--
The right of appropriation is nothing more than a right to apply the
public money to this or that purpose. It has no incidental power, nor
does it draw after it any consequences of that kind. All that Congress
could do under it in the case of internal improvements would be to
appropriate the money necessary to make them. For every act requiring
legislative sanction or support the State authority must be relied on.
The condemnation of the land, if the proprietors should refuse to sell
it, the establishment of tumpikes and tolls, and the protection of the
work when finished must be done by the State.


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