As the Revolutionary war ended, Dr. Dr. Benjamin Rush a prominent physician, philanthropist and patriot floated the idea of a national university that would teach "everything connected with government, such as history- the law of nature and nations - the civil law - the municipal laws of our country - and the principles of commerce" (Catel 1964). In 1790, George Washington as president repeated this idea to Congress. But, did Congress have the authority to appropriate funds for a national university? Our nation grappled with that question for many years. The debate was never over the value of a strong education system, but whether or not the federal government had the express authority to appropriate funds for a national university (public education). In fact this debate goes back to the Constitutional Convention when James Madison proposed to give Congress the power "to establish an [sic] University, in which no preferences or distinctions should be allowed on the account of religion". During Washington's first administration his U.S. Secretary of the Treasury came out very strongly to defend the constitutional authority of Congress to appropriate funds for a national university. In his now famous third Report on Manufactures delivered to Congress in 1791, Hamilton argued Congress had "express authority" to 'lay and collect taxes' to pay debts and 'provide for the common defence and general welfare with no other qualifications on this authority, other than it 'shall be uniform throughout the states'. Hamilton suggested that this gave Congress broad power to raise revenue and spend it on areas they deemed proper, so long as it was in the general interest of the nation. He concluded, "there seems to be no room for a doubt, that whatever concerns the general interests of learning, of agriculture, of manufactures, and of commerce, are within the sphere of the national councils, as far as regards an application of money." The only qualification that Hamilton placed on it, was that the appropriation of money should be general not local.
But within Washington's own cabinet there was a divide with Hamilton on one side and Thomas Jefferson his secretary of State on the other side. Thomas Jefferson believe that Congress needed a constitutional amendment, such as Madison had proposed before it could assume the power to appropriate funds for a national university. When James Madison made a motion within Congress to establish a national university and allow funds to be collected for it, Thomas Jefferson and the Congress opposed the idea considering it unconstitutional. The motion failed. More than a decade later, in 1806, then President Thomas Jefferson urged Congress to consider an amendment to the Constitution that would give them enumerated powers to use tax dollars for public education, roads rivers and canals. The federal government at the time was facing a budget surplus, and Jefferson wanted some of the money used for a "national establishment for education" but he believed that the power to spend the money on such was "not among those enumerated in the Constitution". When James Madison became the leader of our great nation, he once again urged Congress to pursue a national university, but this time without a Constitutional amendment. Congress disagreed, and in 1811, a Congressional report was published recommending against a national university, calling it unconstitutional.
Madison made an impression on Congress, and by time James Monroe had become president, the tables had turned. Now Congress supported the belief that they had broad powers implied in the constitution, but James Monroe as president disagreed. Monroe very strongly argued in 1817 that Congress did not "possess the right" to appropriate funds for infrastructure improvements like roads and canals, nor to institute "seminaries of learning". These were powers that unless specifically enumerated to the federal government were as defined by the tenth amendment left to the states. In his first State of the Union Address, Madison urged Congress again to seek an amendment that would provide a "right in Congress to institute likewise seminaries of learning, for the all-important purpose of diffusing knowledge among our fellow-citizens throughout the United States."
"In this case I am happy to observe that experience has afforded the most ample proof of its utility, and that the benign spirit of conciliation and harmony which now manifests itself throughout our Union promises to such a recommendation the most prompt and favorable result. I think proper to suggest also, in case this measure is adopted, that it be recommended to the States to include in the amendment sought a right in Congress to institute likewise seminaries of learning, for the all-important purpose of diffusing knowledge among our fellow-citizens throughout the United States."No such amendment was ever added, but in 1822, James Monroe opened the door to allow for the implied powers that Hamilton defined in his 1791 report. On May 4, 1822 James Monroe delivered his Veto Message of the Cumberland Road. In his veto message, Monroe argued that Congress did not have the right to charge a toll on the road for improvements. Monroe saw no power vested in Congress to make appropriations to fund a national road using tolls even with the consent of the states. Monroe, argued that for the power to exist, it either needed to be specifically granted or "incidental to some power which has been specifically granted". Congress never claimed that the power was specifically granted, only that it was incidental or implied. And in the president's message, he denied that the power to charge tolls along a national road that crossed state lines was implied anywhere in the constitution. Yet, that is where Monroe opened the door to funding a national university. Monroe listed out the powers from the first clause of Section 8, which Congress had said the power in question was derived.
"First, from the right to establish post-offices and post-roads; second, from the right to declare war; third, to regulate commerce; fourth, to pay the debts and provide for the common defense and general welfare; fifth, from the power to make all laws necessary and proper for carrying into execution all the powers vested by the Constitution in the Government of the United States or in any department or officer thereof; sixth and lastly, from the power to dispose of and make all needful rules and regulations respecting the territory and other property of the United States."Monroe concluded he was vetoing the bill because in his judgement, the power to fund the national road with tolls can not be derived from any of those powers. But in doing so, he conceded that Congress has the implied power to appropriate funds to provide for the "general welfare". Monroe seemed to have had a change of heart, and according to Edmund James in 1900, it forever changed the view of general theory of the policy of our Government. It brought the views of James Monroe and Thomas Jefferson in line with that of Alexander Hamilton and George Washington. This view of constitutional interpretation and implied powers was adopted by John Quincy Adams, Andrew Jackson and every succeeding president up until today. In 2015, our federal government spent $102.3 billion on Education or 3% of it's total budget.
http://www.presidency.ucsb.edu/ws/index.php?pid=29459
http://www.presidency.ucsb.edu/ws/?pid=66322
The Founding Father and the Visio nof a National University by Albert Catel 1964
Alexander Hamilton Report on manufacturers 1791
Report of the Federal Security Agency: Office of Education, Volume 1 by Edmund James 1900 (pgs 665 to 670)
http://www.constitution.org/ah/rpt_manufactures.pdf
http://www.stateoftheunionhistory.com/2016/07/1810-james-madison-national-university.html
http://www.stateoftheunionhistory.com/2016/05/1806-thomas-jefferson-amending.html
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