The Constitution
Perhaps only surpassed by the bible as the written document given the most lip service but largely ignored in practice, the Constitution stands as the sole remedy to virtually all the nations ills. Like scripture, the Constitution is subject to misinterpretation, and it is the explanation as to why our country stands in such a perilous position today. To understand the prominence our founding fathers placed in the Constitution it is important to remember that we are a Constitutional Republic - not "a democracy". In a democracy, "majority rules", in a Constitutional Republic, the Constitution "rules". That's why whenever a law or ruling is challenged it makes its way to the Supreme Court, who's function it is to determine the previous rulings "constitutionality". All current arguments between liberals and conservatives can be boiled down to the understanding of one phrase, known as "the Welfare Clause." While in today's culture many people aren't used to reading, if you are going to read anything at all, read this. You will understand all of the friction between Democrats and Republicans, and most of the internal disagreements between Americans (politically speaking) will hinge on the following words:
From Section 8 of the United States Constitution:
Section. 8.
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 Offences 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.
Without going into all of the full legal history of the controversy surrounding the words, “general welfare", Thomas Jefferson and James Madison were among those who championed a strict limitation of the phrase to apply only in its immediate context of taxation. If you read the first phrase it states:
"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;" In other words, the Taxes, Duties, Imposts and Excises were to pay the debts and provide for the common Defence and general Welfare of the United States. The rest of the document describes and lists (enumerates) how they were to provide for the "Defence" and "general Welfare".
Alexander Hamilton, Franklin D. Roosevelt and Lyndon B. Johnson were among those that felt that the phrase could be lifted out of the context of taxation and be interpreted to mean that the federal government could spend as much money as they would like on any programs they see fit as long as it vaguely meets the requirements of being for “…the general welfare…” of the country. Today, Democrats continue to interpret the phrase in its most liberal sense, while Tea Party activists, Libertarians and fiscally conservative Republicans believe that only the powers specifically enumerated in the remainder of Section 8 fall within the scope of Congressional authority.
Like the Bible, the Constitution can be twisted to say anything. There are rules of interpretation of scripture, and many of those same rules can and should be applied to the Constitution. “Reading in (immediate) context” is clearly one important factor, and in the Constitution, this would support limiting the phrase to the narrower sense regarding the power to tax. Another key to developing a proper interpretation is reading the wider, remote context. As respects the Constitution, the founders immediately go on to enumerate seventeen (eighteen, if you include the opening paragraph as the first) powers of Congress, which begs the question, why, if the first paragraph gives them the authority to do virtually anything that promotes the “general welfare”, why would they enumerate anything else?
From the Bill of Rights, the Tenth Amendment to the Constitution seems to drive home the point :
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
What “powers” would not be “delegated to the United States (federal government) by the Constitution” if they were already granted full power to do anything under the “general welfare” clause? However, it all fits together if you keep the phrase,"general welfare" in its immediate context (taxation), the more remoted context (right before the enumeration of powers) and the full scope of the Constitution and the Bill of Rights (Tenth Amendment).
While the courts are free to debate the issue, common sense will lead most people to agree that the founding fathers intended a very limited federal government and intended for the states to have sovereignty to determine their own agenda excepting the enumerated powers from Section 8.
From Section 8 of the United States Constitution:
Section. 8.
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 Offences 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.
Without going into all of the full legal history of the controversy surrounding the words, “general welfare", Thomas Jefferson and James Madison were among those who championed a strict limitation of the phrase to apply only in its immediate context of taxation. If you read the first phrase it states:
"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;" In other words, the Taxes, Duties, Imposts and Excises were to pay the debts and provide for the common Defence and general Welfare of the United States. The rest of the document describes and lists (enumerates) how they were to provide for the "Defence" and "general Welfare".
Alexander Hamilton, Franklin D. Roosevelt and Lyndon B. Johnson were among those that felt that the phrase could be lifted out of the context of taxation and be interpreted to mean that the federal government could spend as much money as they would like on any programs they see fit as long as it vaguely meets the requirements of being for “…the general welfare…” of the country. Today, Democrats continue to interpret the phrase in its most liberal sense, while Tea Party activists, Libertarians and fiscally conservative Republicans believe that only the powers specifically enumerated in the remainder of Section 8 fall within the scope of Congressional authority.
Like the Bible, the Constitution can be twisted to say anything. There are rules of interpretation of scripture, and many of those same rules can and should be applied to the Constitution. “Reading in (immediate) context” is clearly one important factor, and in the Constitution, this would support limiting the phrase to the narrower sense regarding the power to tax. Another key to developing a proper interpretation is reading the wider, remote context. As respects the Constitution, the founders immediately go on to enumerate seventeen (eighteen, if you include the opening paragraph as the first) powers of Congress, which begs the question, why, if the first paragraph gives them the authority to do virtually anything that promotes the “general welfare”, why would they enumerate anything else?
From the Bill of Rights, the Tenth Amendment to the Constitution seems to drive home the point :
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
What “powers” would not be “delegated to the United States (federal government) by the Constitution” if they were already granted full power to do anything under the “general welfare” clause? However, it all fits together if you keep the phrase,"general welfare" in its immediate context (taxation), the more remoted context (right before the enumeration of powers) and the full scope of the Constitution and the Bill of Rights (Tenth Amendment).
While the courts are free to debate the issue, common sense will lead most people to agree that the founding fathers intended a very limited federal government and intended for the states to have sovereignty to determine their own agenda excepting the enumerated powers from Section 8.
