Tuesday, August 4, 2009

General Welfare Clearly Defined

According to the US Constitution in Article 1, Section 8 (the Congressional Powers), it seems many (if not most) of our Congressmen have a clear misunderstanding of their powers. There is a phrase, "general Welfare" that justifies legislation such as the proposed Obama Health Care Plan (HR 3200) and the recent house-passed Cap & Trade Bill (HR 2454)...at least in the minds of those who are actually considering or voted in favor of these atrocities.

However, the entire clause that includes this phrase is limited to the following powers laid out in the remainder of that section. This is clearly stated in Federalist paper #41 written by James Madison, the author of the US Constitution:

"Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power "to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States," amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.

"Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms "to raise money for the general welfare."

"But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter." [emphasis mine]

Madison, the author of the US Constitution, explains that the first phrase in section 8 is a "general phrase" and all of the following phrases, aka "particulars" (that begin with "To") explain and qualify that general phrase. Certainly that makes sense to me when you hear it's intention explained like this. Read Article 1 Section 8 yourself:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." [emphasis mine]


How is Congress expected "to establish post offices and post roads"? They need money to do that. How about "to provide and maintain a Navy"? They need money for that too. Where does the money come from? The "Taxes, Duties, imposts and Excises" they lay and collect and the "Money on the credit of the United States" they borrow.

See? The power to lay taxes & such are set in place in order to pay the Debts and provide for the common Defence (such as the Navy) and general Welfare (such as the post offices and post roads) of the United States.

Health Care coverage is not listed as one of the powers, neither are Environmental and/or Energy concerns therefore these are not considered "general Welfare" as far as the author of the Constitution meant. As a matter of fact, there are lots of "coverages" and "concerns" Congress has legislated that are simply unconstitutional, but we'll save those for another day.

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