Re: Individual mandate is unconstitutional...
This has got to be the single biggest abuse of language by Liberals. Article I, Section 8 enumerates the powers of Congress. There are 12. The first power is the power to lay and collect taxes. Like the 2nd Amendment, the Founding Father's provided the moral reasoning for this. Why does Congress have power to lay and collect taxes?
Originally Posted by Moonglow
The answer is provided in the rest of the clause - to pay the Debts and provide for the common Defence and general Welfare of the United States. This, as opposed to defense of specific areas only (like high population centers) or for the specific benefit of corporations or any other subgroup (like Unions who pave roads). It is important to note how closely linked the Founding Father's recognized paying the debt was to national security. Lacking this power was a major short coming of the Articles of Confederation, which is why they put the power to lay and collect taxes first in Section 8.
In addition, at the conclusion of Section 8, it reads "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." Congress has 12 enumerated powers. "Necessary and proper" pertains to the 12 powers not unlimited power to do whatever they want as long as they claim it is for the general Welfare.
A point of logic: IF the Founders meant the phrase "provide for the general Welfare" to be an unlimited power, there would be no point to enumerate the remaining 11 powers. To further put the proper interpretation of Section 8 in general and the first clause of the power to lay and collect taxes in perspective. One needs to look at the 10 Amendment which refers to enumerated powers. Why would the same Founding Father's pass an Amendment referring to powers not enumerated IF "to provide for the general Welfare" was meant to an unlimited power?
There is a difference in the 2nd Amendment between the right (the right of the people to keep and bear arms) with the moral reasoning for the right (because what is necessary to the Security of a Free State is a well practiced (or regulated) able bodies (militia). Just as there is a difference between the power (to lay and collect taxes) and the moral reasoning for the power (pay debts, common defense and general welfare).
Sorry but no. The moral reasoning provided in Article I, Section 8 and the 2nd Amendment is only confusing to those who want to be confused.
"No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles."
-- Patrick Henry