Among our early statesmen of the
strict-construction class the opinion was universal, when the subject
was first broached, that Congress did not possess the power, although
some of them thought it desirable.
President Jefferson, in his message to Congress in 1806, recommended an
amendment of the Constitution, with a view to apply an anticipated
surplus in the Treasury "to the great purposes of the public education,
roads, rivers, canals, and such other objects of public improvement as
it may be thought proper to add to the constitutional enumeration of
Federal powers." And he adds:
I suppose an amendment to the Constitution, by consent of the States,
necessary, because the objects now recommended are not among those
enumerated in the Constitution, and to which it permits the public
moneys to be applied.
In 1825 he repeated, in his published letters, the opinion that no such
power has been conferred upon Congress.
President Madison, in a message to the House of Representatives of the
3d of March, 1817, assigning his objections to a bill entitled "An act
to set apart and pledge certain funds for internal improvements,"
declares that--
"The power to regulate commerce among the several States" can not
include a power to construct roads and canals and to _improve the
navigation of water courses_ in order to facilitate, promote, and
secure such a commerce without a latitude of construction departing
from the ordinary import of the terms, strengthened by the known
inconveniences which doubtless led to the grant of this remedial
power to Congress.
Pages:
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636