I have been conducting research on the Constitution and I ran across this 1817 veto message from President James Madison.? He vetoed a public works bill that would have paid for the construction of roads and canals.? The “father of the Constitution” explains his veto by referring to the enumerated powers in Article I, Section 8 and he does not believe that the “necessary and proper” clause can be used to justify federal expenditures for building roads and canals.
The legislative powers vested in Congress are specified 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, or that it falls by any just interpretation with the
power to make laws necessary and proper for carrying into execution those or
other powers vested by the Constitution in the Government of the United States. (emphasis added)
