Page:Health and Hospital Corp. of Marion Co. v. Talevski.pdf/52

20 enumeration of powers … nugatory and improper.” Id., at 212. That the bill required state consent was likewise insufficient because, if the power “be not possessed by Congress, the assent of the States … cannot confer the power.” Ibid.

Upon assuming office, President James Monroe sent a message to Congress agreeing with Madison’s views; the message was then referred to a special Committee in the House of Representatives led by Congressman Henry Tucker. Corwin, 36 Harv. L. Rev., at 559–560. The Tucker Committee produced an exhaustive report on internal improvements, which disagreed with nearly every aspect of Madison and Monroe’s position. Id., at 560–561. Significantly, however, the Committee agreed that the General Welfare Clause did not vest the power needed to make internal improvements, relying instead on the Constitution’s specific enumerations such as the Post Roads Clause. 31 Annals of Cong. 454 (1817) (“disavow[ing] any use of the general phrase in the Constitution to provide for the common defence and general welfare, as applicable to the enumeration of powers, or as extending the power of Congress beyond the specified powers”). The Tucker Committee also agreed with President Monroe that the spending power did not “extend the specified or incidental powers of the Government” or allow Congress to exercise any “jurisdictional [i.e., regulatory] rights” over improvements. Id., at 459–460. Thus, “if the power to make a road or dig a canal is not given” by one of Congress’ enumerated regulatory powers, “the power of appropriating money cannot confer it.” Id., at 459.