Alabama state intelligencer., 1831-07-16
INTERNAL IMPROVEMENT.
Mr MadisOn's Message 10 Me Hoass cf RepTssentd-

MF nddtSOnS message 10 Me HOuSe o hePTesentd-
 tires of the U. States, On the Sd of March, 1917.
 Having considered the bill this day presented to me- entitled "An act to set apart and pledge cer- tain funds for Internal Improvement" and which sets apart and pledges funds for constructing roads and canals, and improving the navigation of water courses, in order to facilitate, promote and give cunty to internal commerce among the several States, and to render easy and less expensive the means and provisions for the common defence" am constrained by the insuperable difficulty feel in reconcing the bill with the constitution of the United States to return it, with that objection to the House of Representatives, in which it originated. The legislative powers vested in Congress, are specified and enumerated in the 9th section of the
 first article of the constitution and it does not ap- pear that the power proposed to be exercised by the bil is among the enumerated powers, or that it falls, by any just interpretation within the power to make laws necessary and proper for carrying into execution those or other powers vested by the con stltution in the government of the United States "The power to regulate commerce among the several States cannot include power to construct roads and canals and to improve the navigation of watercourses in order to facilitate, promote and se- cure such commerce, without latitude of construc-
 on departing from the ordinary import of the terms, strengthened by the known inconvenience which, doubtless, led to the grant of this remedial power to Congress. To refer the power in question to the clause " to provide for the common defence and ge- neral welfare, would be contrary to the established and consistent rules of interpretation as rendering the special and careful enumeration of powers which follow the clause, nugatory and improper. Such view of the construction would have the effect of giving to Congress general potcer of Legislation instead of the defined and limited one hitherto un- derstood to belong to them the terms - common de- fence and general welfare" embracing every object and act within the purview of legislative trust. It would have the effect of subectng both the consttu tion and laws of the several States, in all cases not specifically exempted, to be superseded by laws of Congress; 1t being expressly declared, that the Constitution of the United States, and laws made in pursuance thereof shall be the supreme law of the land, and the Judges of every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. Such a view of the Constitution, finally, would hare the effect of excluding the Judiciary authority of he U States from its participation in guarding the b,unda " between the legislative powers of the General and State Governments, inasmuch as questions rela ing to the general welfare, being questions policy and expediency, unsusceptible of Judicial cog nizance and decision
 restriction of the power to provide for the common defence and general welfare," to cases which are to be provided for by the expenditure of money, would still leave within the legislative pow CT of Congress, all the great and most important measures of government, money being the ordni- ry and necessary means of carrying them into exe- cution.
 If a general power to construct roads and canals, and to improve the igation of water courses with the train of powers incident thereto be not possessed by Congress- the assent of the States in the mede provided by the bill canust confer the power. The only cases in which the consent and cesson of par ticular States extend the power of Congress, those specified and provided for in the Constitution.
 I am not unaware ofthe great importance of roads and canals, and the improved navigation of water courses; and that power in the National legislature to provide for them, might be exercised with signal advantage to the general prosperity. But seeing that such power is not expressly given by the Con- stitution, and believing it cannot be deduced from any partof itwthout an inadmsibe latitude of cbn- structon, and a reliance on insufficient precedents believing also that the permanent success of the con- stution depends on a definite partition of powers between the General and State governments, and that adequate landmarks would be left by the constructive extension of the powers of Congress proposed in the bill, have no option but to withhold my signature from it. cherishing the hope that it's beneficial objects may be attained by resort for the necessary power, to the same wisdom and vir- tue in the nation which established the Constitution in its actual form, and providenty worked out, in the instrument itsel safe and practicable mode of improving it as experiment might suggest.
 March 3d. 1877. JAMES MADISON.