Thom's discussion with Terrence Jeffery over the powers of Congress fit perfectly with a current discussion over on the other board.

As I understand from my reading, the issue is whether the congress has only those specific powers listed in Art 1 sec 8 or broader powers brought in under the "general welfare" clause.

Firstly, the matter was settled in 1819 in a decision rendered by John Marshall in a case over the existence of a central bank. The decision "set in stone" Hamilton's view that Congress should have the powers needed to do what it wants to do, with some restrictions. The matter is settled, no matter how much people choose to argue over it.

The conservative view, especially the "originalist" view, is that the intent of the general welfare clause at the time of the framing of the constitution was the more limiting interpretation. Conservatives cite the more restrictive opinions of Jefferson and Madison. The progressives cite the opinions of Hamilton and even George Washington. We don't know what the other 52 framers of the Constitution thought. The point is that the meaning of the "general Welfare" clause was very much an open question at the time. It would not be tested until the SC had occasion to apply the clause.