Posted on 12/16/2003 6:28:03 PM PST by Federalist 78
I'd like to enlist the services of my fellow Americans with a bit of detective work. Let's start off with hard evidence.
The Federalist Papers were a set of documents written by John Jay, Alexander Hamilton and James Madison to persuade the 13 states to ratify the Constitution. In one of those papers, Federalist Paper 45, James Madison wrote: "The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce; with which last the power of taxation will for the most part be connected. The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement, and prosperity of the State."
If we turned James Madison's statement on its head, namely that the powers of the federal government are numerous and indefinite and those of the states are few and defined, we'd describe today's America. Was Madison just plain ignorant about the powers delegated to Congress? Before making our judgment, let's examine statements of other possibly misinformed Americans.
In 1796, on the floor of the House of Representatives, William Giles of Virginia condemned a relief measure for fire victims saying it was neither the purpose nor the right of Congress to "attend to what generosity and humanity require, but to what the Constitution and their duty require." In 1854, President Franklin Pierce vetoed a bill intended to help the mentally ill, saying, "I cannot find any authority in the Constitution for public charity," adding that to approve such spending "would be contrary to the letter and the spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded." President Grover Cleveland was the king of the veto. He vetoed literally hundreds of congressional spending bills during his two terms as president in the late 1800s. His often given reason was, "I can find no warrant for such an appropriation in the Constitution."
Today's White House proposes and Congress taxes and spends for anything they can muster a majority vote on. My investigative query is: Were the Founders and previous congressmen and presidents, who could not find constitutional authority for today's bread and circuses, just plain stupid and ignorant? I don't believe in long-run ignorance or stupidity, so I reread the Constitution, looking to see whether an amendment had been passed authorizing Congress to spend money on bailouts for airlines, prescription drugs, education, Social Security and thousands of similar items in today's federal budget. I found no such amendment.
Being thorough, I reread the Constitution and found what Congress might interpret as a blank check authorization -- the "general welfare clause." Then I investigated further to see what the Framers meant by the "general welfare clause." In 1798, Thomas Jefferson said, "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated." The Constitution's father, James Madison said: "With respect to the two words general welfare,' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators."
My detective work concludes with several competing explanations. The first is that the great men who laid the framework for our nation were not only constitutionally ignorant but callous and uncaring, as well. The second is it's today's politicians who are constitutionally ignorant. Lastly, it's today's Americans who have contempt for the Constitution, and any congressman or president upholding the Constitution's letter and spirit would be tarred and feathered.
Dr. Williams is a nationally syndicated columnist, former chairman of the economics department at George Mason University, and author of More Liberty Means Less Government
The Federalist Papers in "plain english"....
walter e williams for president
While I have always believed in a very very limited safety net for those proven to be in need, I NEVER thought I'd see the day the American taxpayer would subsidize those who want to buy real estate. I am disgusted beyond words!!
Why are we bothering?
There are a few in the U.S. House and others scattered across the nation who haven't given up. Nevertheless, there comes a time when politics are no longer a worthwhile pursuit.
Stated by the director of the construction of the Constitution, and one of the actual co-writers...Jay being the other, I believe.
I have argued for years that the "general welfare" clause was just part of the introduction (preamble) and was never meant as an open check book - nor was the "commerce" clause. Are there no fedgov officials that have read the papers, personal correspondance, tracks, or periodicals of the time which explain the INTENT of the Founding Fathers?
As to "bailouts for airlines," Amendment V, "...nor shall private property be taken for public use without just compensation."
As to "Social Security," Article VI, Section 2, "...and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land;"
If you need a more detailed explanation, just ask.
Oh, by the way, the only time I listen to the Rush Limbaugh radio program is when Dr. Williams is the host.
He is unambiguous and direct in his defense of liberty, unlike the owner of the radio program.
Agreed, I used to think our only hope is with grassroots efforts, especially since the Internet. If the various "conservative" organizations could pull together, we might have a chance. Unfortunately, as I have found out dealing with grassroots orgs, progress is hindered by control of their fiefdoms and their egos. I'm beginning to think it's hopeless.
Unfortunately, as I have found out dealing with grassroots orgs, progress is hindered by control of their fiefdoms and their egos. I'm beginning to think it's hopeless.
Your comment is very similar to Yates @ LewRockwell.com
Why I Believe
We simply have not undertaken the "long march through the institutions" that the Marxist philosopher Gramsci spoke of as the key to the leftist success at creating a power base. Nor, today, is there time. At the UN, conversations about "global governance" are held right out in the open, and readily available on the UN's website. Finally, we lack the organization. Too many on the "right" are, for whatever reason, simply unable to get along with each other.
Provide?????? My copy says, 'promote.' The 'provide' part is for the 'common defense.' Common defense requires funding, therefore the word, 'provide' was specifically used. I would think that if the 'general welfare' required funding, they would have used the same word.
Take heart. There are sporadic reawakenings of interest in the concepts of limited government. We can be like monks that safeguard the sacred documents until The One arrives.
That may have been from other correspondance than the actual wording of the document. My mistake...but you get my point.
The pint of rum that I needed so badly after hearing of the abomination of the American Dream Downpayment Act may have skewed my posting. I am so outraged it physically hurts my heart.
Also check out James L. Hirsen's book, "The Coming Collision." (Do a google on him. Outstanding report!)
Two eye-openers on how congress has been taking our money under false pretenses for the past 50 years.?
Our three-legged stool of separation of powers has been teetering on one leg for a long time now. Through the use of fast-track legislation, executive orders, etc., the only remaining voice we had protecting our rights and the Constitution was the judiciary. In the past few months, that leg became severely fractured and there are no carpenters in sight. I believe they are all busy building cartridge boxes. ;>
Well, I don't know about the monk part, although I do wear a robe of sorts and 'baptize' myself on FR everday with a little more understanding. More like a frugal hermit living in the high desert next to my cave. Well, it's more like a potato cellar dug into the side of the foothills here. ;>
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