Skip to comments.If there really is a 'general Welfare' clause then why ...
Posted on 03/20/2010 11:05:24 AM PDT by Rurudyne
If there really is a 'general Welfare' clause then why doesn't the language of the 10th Amendment mirror that of the 9th to read: 'The enumeration in the Constitution, of certain Powers, shall not be construed to deny or disparage others deemed necessary to provide for the common Defence and promote the general Welfare of the United States of America.'?
... but instead reads: "The powers not delegated to the United States by the Constitution, prohibited by it to the States, are reserved to the States respectively, or to the people."
I mean, since the 10th Amendment was in no small measure adopted in response to arguments about the meaning of A1:S8:C1 AND the hypothetical language was obviously known to those who wrote the 10th Amendment since they used similar language in the 9th....
I suspect it’s because to our founders, “general welfare” was synonymous with “maximum liberty” and “minimal government intrusion.” When read in that regard, the clauses are not only consistent, but mutually reinforcing.
You can thank Alex Hamilton(another Bastard) for injecting “General Welfare” into the US Constitution.
In other words, it was a statement of the general welfare of the country, directly tied to the raising money for defense.
I thought the “promote the general welfare” was only in the Preamble to the Constitution...not in the bill of rights.
Or as Chief Justice Marshall might observe: “Affirmative words are often, in their operation, negative of other objects than those affirmed, and, in this case, a negative or exclusive sense must be given to them or they have no operation at all.”
Meaning that if there are any delegated Powers for promoting the general Welfare (post office, patents, etc...) than their very existence demonstrates that they are THE Powers ... and there are no others.
Also as an aside, this may easily be the least wall’o’text-like post on this subject that I’ve ever made that still manages to cover the material.
A bit harsh no? Isn’t Hamilton the Father of the American Banking system?
Harsh, maybe but factual nonetheless.
Note it says “promote” the general welfare” not “provide for”. Hamilton knew exactly what he was doing. One of the roles of gov’t is to promote an economically friendly environment. Hamilton knew this and the gov’t does have to step in from time to time to make sure that this is the case.
This is where the government’s role as a regulatory body comes in. At the time of the writing of the Consitution, regulate meant to keep regular. Nothing extraordinary or unfair. Regulate did NOT mean “to run”. Read the Federalist Papers. Its all there.
Yes, the purpose of A1:S8:C1 is to delegate Power to Congress to levy certain forms of taxes.
In that context the phrase “to pay the Debts and provide for the common Defence and general Welfare of the United States;” has real meaning about why Congress may tax and even the logical limits on how much they do tax (i.e. not to simply build up a huge pile of swag as if they were Eastern potentates); but, it tells you nothing about the objects of governance (Appropriations, Rules, Regulations and other non-tax stuff) that are reasonable and legal under Law.
It was never intended to be interpreted to mean what the libs/socialists/marxists/commies on courts want it to mean. It’s a travesty of justice and any judge who interprets it by ignoring the 10th Amendment should be impeached
The term ‘general welfare’ is clearly defined and enumerated in Article I, Section 8. It is not an ambiguous term.
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.
Congress can exercise the powers it is delegated in support of the General Wefare, that being a goal, not a means or a poer. But it can not exercise any powers not delegated, nor can it exercise even those powers in such a way as to violate the restrictions of the first 9 amendments.
I find it interesting that this came while he was Secretary of State, AFTER the ratification of the Constitution, and in contradiction to what the Framers had told the several States (who alone had Authority to respect the Establishment of the Constitution as Law).
Thus I’ve said that Hamilton’s later comments (as Secretary of State) were made Apart from Authority ... or apart from any lawful role he may have once enjoyed as a Framer but which had to come to an end once those with Authority, indeed Sovereignty, had acted.
Ditto for a much later Court preferring Hamilton’s spurious opinion and explanation.
because, um, (and the teleprompter goes out so I have to think on my own), um, um, “General Welfare” means that, generally everybody should be on welfare!
Heh heh! .^
The ammendments should trump the body of the Constitution, they are the final say since they ammend it.
Webster’s dictionary 1828
applied to stales: Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government;
applied to persons: Exemption from misfortune, sickness, calamity or evil; the enjoyment of health and the common blessings of life ; prosperity; happiness;
The government has deemed itself a person and therefore believes it has the right to use the term as it is applied to persons becaue the term as it is applied to states & governments is too limited.
Decided in 1899 that corporations are to be called “PERSONS” and thus the United States, Inc in which the IRS is the enforcer became a “PERSON”.
Constitutional architect James Madison
"Another not unimportant consideration is, that the powers of the general government will be, and indeed must be, principally employed upon external objects, such as war, peace, negotiations with foreign powers, and foreign commerce. In its internal operations it can touch but few objects, except to introduce regulations beneficial to the commerce, intercourse, and other relations, between the states, and to lay taxes for the common good. The powers of the states, on the other hand, extend to all objects, which, in the ordinary course of affairs, concern the lives, and liberties, and property of the people, and the internal order, improvement, and prosperity of the state."
Joseph Story, Commentaries on the Constitution, 1833
Yup he was. Old Alex is buried in Trinity Church graveyard just a block away from Wall Street.