[FoRK] 20 Signs That The Culture Of Government Dependence Has Gotten Completely And Totally Out Of Control
dmorton at bitfurnace.com
Wed Dec 7 10:46:53 PST 2011
On Wed, Dec 7, 2011 at 2:31 PM, <mdw at martinwills.com> wrote:
> >From your own citation: "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
> Don't drop out the common Defence prior to the 'AND' since they are
> The citation you just made has been interpreted by Constitutional scholars
> to mean exactly what is says: The Congress shall have the power to provide
> for the common Defence and general Welfare of the United States" AGAINST
> FOREIGN powers; a power the individual States lack.
This doesnt seem to be the interpretation that a simple google search
...the Court agreed with Associate
Joseph Story's <http://en.wikipedia.org/wiki/Joseph_Story> construction in
Story's 1833 *Commentaries on the Constitution of the United States*. Story
had concluded that the General Welfare Clause was not a general grant of
legislative power, but also dismissed Madison's narrow construction
requiring its use be dependent upon the other enumerated powers.
Consequently, the Supreme Court held the power to tax and spend is an
independent power and that the General Welfare Clause gives Congress power
it might not derive anywhere else. However, the Court did limit the power
to spending for matters affecting only the national welfare.
Shortly after *Butler*, in *Helvering v.
*, <http://en.wikipedia.org/wiki/General_Welfare_clause#cite_note-14> the
Supreme Court interpreted the clause even more expansively, conferring upon
Congress a plenary power <http://en.wikipedia.org/wiki/Plenary_power> to
impose taxes and to spend money for the general welfare subject almost
entirely to its own discretion. Even more recently, the Court has included
the power to indirectly coerce the
into adopting national standards by threatening to withhold federal funds
in *South Dakota v. Dole <http://en.wikipedia.org/wiki/South_Dakota_v._Dole>
To date, the Hamiltonian view of the General Welfare Clause predominates
in case law.
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