September 27, 2009

Where have you gone.........President Madison

In 1816, Congress proposed the "Bonus Bill".

The "Bonus Bill", introduced by Congressman John C. Calhoun, was intended to direct the profits from the second national bank for "internal improvements". This was an 19th century "Stimulus Package".

President James Madison, who is often referred to as the "Father of the Constitution", vetoed the bill. The specific language he used is worth focusing on:

“The legislative powers vested in Congress are specificed and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers. . . .”

“To refer the power in question to the clause ‘to provide for the common defense and general welfare’ would be contrary to the established and consistent rules of interpretation. . . .”

and the real kicker:

“Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them.”

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