It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.
James MadisonIs there a Legislative power in fact, not expressly prohibited by the Constitution, which might not, according to the doctrine of the Court, be exercised as a means of carrying into effect some specified Power?
James MadisonThe better proof of reverence for that holy name would be not to profane it by making it a topic of legislative discussion.
James MadisonIt is vain to say that enlightened statesmen will always be able to adjust their interests. Enlightened men will not always be at the helm.
James MadisonI acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits of the powers of the several departments.
James Madison