[jwalsh07]

That would be when their contemporary, John Marshall, interpreted it as such in 1803. He knew them, and had a much greater ability to discern what they meant than you do.

Certainly he knew them which is why he didn't order Madison to commission Marbury because he knew Madison and Jefferson would have told him to take a hike. So he dodged, another stain maker.

[Viva Le Dissention]

After having done an admittedly quick google search with little results, I'd actually be quite interested to see any information you might have on Madison's bill you discussed.