In episode of the Tomwoodshow, Tom’s guest claims that (gasp!) it was Madison who acknowledged the implied powers doctrine when they were discussing the Bill of Rights. He says Madison voted to remove the word “EXPRESSLY” from the 10th amendment on the grounds that of course the Federal government had implied powers.
Is there truth to this claim?
I would be surprised if there was since Tom specifically notes the removal of “Expressly” in his book Nullification and then explains this did not in any way contradict the limited government created by the states. I have not had a chance to check if Brion’s founders guide mentions this yet.
I just found the claim so shocking!
**EDITED: The episode is 663, I’m not sure why the link is not posting.
Besides the enumerated powers, the Constitution says Congress is granted the powers necessary and proper to putting enumerated powers into effect. Those powers are implicitly granted. This is no shock.
Madison said that it was impossible to confine a government to the exercise of expressed powers.
But that’s not the same as saying he supported Marshall’s broad construction of that clause. I suggest checking out his letter to Spencer Roane about McCullough v. Maryland or his attack of the Bank Bill. Dr. Gutzman’s Madison book goes through this and is worth buying.