WI: Madison's view of Enumerated Powers holds till 2012

JJohnson

Banned
Let's say for the sake of discussion that Madison's view of the US Constitution of enumerated powers, that only those items listed in the federal constitution as powers of Congress are justifiable (Federalist 45), and everything else is left a state power. What kind of federal government would the US have today in size, scope, and spending? Which legislation would the US not have using this doctrine?
 

MAlexMatt

Banned
I imagine quite a few more powers would have been added outright over the years ITTL, instead of assumed into existence as IOTL.
 
I imagine quite a few more powers would have been added outright over the years ITTL, instead of assumed into existence as IOTL.

Seconded. You'd see a lot more amendments. In fact, you might even see a modification of the amendment process at some point to make it easier to pass amendments.

Cheers,
Ganesha
 
Or you just have an broad brush amendment passing all powers that aren't specifically retained by the states handed to the Federal Government.
 

MAlexMatt

Banned
Or you just have an broad brush amendment passing all powers that aren't specifically retained by the states handed to the Federal Government.

I don't think that would ever pass.

I don't think that would pass today.

I see it as more likely that the bar is lowered to 2/3's from the current 3/4's for state acceptance of an amendment proposal than anything like that ever happening.

Seriously, that's tantamount to the establishment of a unitary state. That was never in the cards here.
 
I imagine the turning point is Hamilton's bank bill being defeated in 1790. Or any sort of turning point that gets Hamilton out of the picture and makes Madison or Jefferson the dominant council when Washington is inaugurated.
 
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