Bridge to ? and historical spending
jr167163e at mail1.umt.edu
Mon Nov 14 10:11:10 PST 2005
As I describe in "What Spending Clause?" 33 John Marshall L. Rev. 81, 97-100 [shameless self-promotion] the appropriations of Congress and the statements of the executive provide poor authoritative support for a spending power found in the general welfare clause. With the passage of time and the passing of the Jeffersonian and Jacksonian Democrats and as members of Congress discovered the value of federal appropriations in their district, general welfare objections to local spending faded away. Before that time, members of Congress attempted to justify "local" spending by appeals to an enumerated power. For example, a minor change in the bill to pay remissions of salt taxes to codfishers satisified Madison's GW objection.
Prof. Jeffrey T. Renz
School of Law
The University of Montana
Missoula, Montana 59812
jeff.renz at umontana.edu
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