 Hamilton invented the idea of implied power. Yeah, it's not one of the explicit powers of government, but if you read between the lines, it can be implied powers. And, of course, that's a game that has been played by politicians ever since. But, yeah, you could have a Supreme Court today that takes the Jeffersonian position, which is the fact-based position, and overturned Marshall's decision from way back in the 1830s.