Wednesday, March 29, 2017

General Welfare Clause

          “If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may undertake the regulation of all roads other than post roads.  In short, everything, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.” James Madison, 1792 Cod Fishing Debate.
          The first clause in Article 1 Section 8 is known as the General Welfare Clause. According to James Madison, the clause authorized Congress to spend money but only to carry out the powers as enumerated in the following clauses of Article 1, not to meet the seemingly endless needs of the general welfare. That is a power reserved to the States in the 10th Amendment.
          It seems that Madison was prescient; knowing a bunch of idiots would think they deserved a bunch of free stuff and a MORON that would give it to them.
Further discussion: 
          See Madison’s Notes on the Constitutional Convention: http://consource.org/document/james-madisons-notes-of-the-constitutional-convention-1787-9-17/
          These include the daily Notes from May 25, 1787 through September 17, in total. Also are Records of the Proceedings by the various delegates.
Summary of the balance of Sect 8:
Borrow money
Regulate Commerce
Establish a Rule of Naturalization
Establish a Uniform Rule on Bankruptcies
To Coin money & regulate the value
Fix the Standard of Weights and Measures
Provide the punishment for counterfeiting
Establish Post Offices and Post Roads
Provide for Copywriting
Establish Tribunals inferior to the Supreme Court
Define and punish piracies on the high seas
Declare War
Raise and support Armies for 2 year intervals
Provide and maintain a Navy
Make Rules for the Government and Regulation of the land and naval Forces
Provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
Provide for organizing, arming, and disciplining, the Militia
Exercise exclusive Legislation in all Cases whatsoever, over the District [of Columbia] and exercise authority over all federal military installations
Make all Laws necessary and proper for carrying into Execution the foregoing
Each of the foregoing would be categorized under the aegis of the 3 Powers:
Provide for the Common Defense
Insure Domestic Tranquility
Promote the General Welfare
As follows:
Provide for the Common Defense—
Establish Tribunals inferior to the Supreme Court
Define and punish piracies on the high seas
Declare War
Raise and support Armies for 2 year intervals
Provide and maintain a Navy
Make Rules for the Government and Regulation of the land and naval Forces
Insure Domestic Tranquility—
Provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
Provide for organizing, arming, and disciplining, the Militia
Exercise exclusive Legislation in all Cases whatsoever, over the District [of Columbia] and exercise authority over all federal military installations
Promote the General Welfare—
Borrow money
Regulate Commerce--See Commerce Clause
Establish a Rule of Naturalization
Establish a Uniform Rule on Bankruptcies
To Coin money & regulate the value
Fix the Standard of Weights and Measures
Provide the punishment for counterfeiting
Establish Post Offices and Post Roads
Provide for Copywriting
All else is reserved to the States and to the People

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