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  #151 (permalink)  
Old 07-12-2009
daddio's Avatar
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Location: the south
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United_States     Virginia

Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
No, it's Jefferson's, Madison's, and Crockett's views. None of whom own the Constitution. The Constitution, actually, takes no view on charity at all.

Do you think this is an accident ?

Do you not think that the Constitution describes what the federal government CAN concern itself with and leave the rest outside it's pervue ?
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Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

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"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #152 (permalink)  
Old 07-12-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.
Quote:
Section 8
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 States;

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.
Promoting and providing for the general welfare are both specifically enumerated in our Constitution.
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  #153 (permalink)  
Old 07-12-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by daddio View Post
Do you think this is an accident ?
I think that charity is so much a normal function of government dating back to ancient times that the framers saw no need to spell it out in detail. The authorization to tax and spend for the general welfare is sufficient to encompass government charity.
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  #154 (permalink)  
Old 07-12-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by danielpalos View Post
Promoting and providing for the general welfare are both specifically enumerated in our Constitution.
Again, Daniel, I'm going to have to call you on this.

The preamble, to begin with, has no legal force. It's only a statement of the purpose of the Constitution overall.

The first power enumerated in Article I, Section 8 is the power to lay and collect taxes, and by logical extension to spend money. The phrase "provide for the general welfare of the United States" applies to that power, and ONLY to that power. It isn't a general authorization for the government to do whatever it wants provided it can justify it by one of those two phrases. The power to spend money is very broad, but there are many powers of government that it doesn't encompass. Congress can't make the wearing of polyester a federal crime on the grounds that it serves the general welfare to do so, however true that may be.
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  #155 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Dec 2004
Location: AKRON
Posts: 4,679

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Pogo View Post
Do you support allowing the well-to-do to screw those who aren't?

If you're answer is yes then you are *not* overly concerned with the freedom and liberty of all, but rather, of the few, meaning that you favor socialism so long as it serves the interests of the the elites.

And you thought you weren't a socialist, eh?
I ANSWERED NO. As you would already know if you had read enough of my posts at this forum.
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  #156 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Dec 2004
Location: AKRON
Posts: 4,679

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
No, it's Jefferson's, Madison's, and Crockett's views. None of whom own the Constitution. The Constitution, actually, takes no view on charity at all.
Really. So, the author of the Declaration of Independence and the father of the constitution have no idea what the constitution means?

If this were true, then why did Congress reject the bill to help the NAVY WIDOW AFTER CROCKETT'S SPEECH?

Davey Crockett learned about charity from a man named Horatio Bunce..............

"It is not the amount, Colonel, that I complain of; it is the principle. In the first place, the Government ought to have in the Treasury no more than enough for its legitimate purposes. But that has nothing to do with the question. The power of collecting and disbursing money at pleasure is the most dangerous power that can be entrusted to man, particularly under our system of collecting revenue by a tariff, which reaches every man in the country, no matter how poor he may be, and the poorer he is the more he pays in proportion to his means. What is worse, it presses upon him without his knowledge where the weight centers, for there is not a man in the United States who can ever guess how much he pays to the Government. So you see, that while you are contributing to relieve one, you are drawing it from thousands who are even worse off than he. If you had the right to give anything, the amount was simply a matter of discretion with you, and you had as much right to give $20,000,000 as $20,000. If you have the right: to give to one, you have the right to give to all; and, as the Constitution neither defines charity nor stipulates the amount, you are at liberty to give to any and everything which you may believe, or profess to believe, is a charity, and to any amount you may think proper. You will very easily perceive, what a wide door this would open for fraud and corruption and favoritism, on the one hand, and for robbing the people on the other. No, Colonel, Congress has no right to give charity. Individual members may give as much of their own money as they please, but they have no right to touch a dollar of the public money for that purpose."
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  #157 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Dec 2004
Location: AKRON
Posts: 4,679

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by daddio View Post
Do you think this is an accident ?

Do you not think that the Constitution describes what the federal government CAN concern itself with and leave the rest outside it's pervue ?
Some people believe the government can do whatever it wants, no matter how small the group is that is being helped. Even if it is studying goth culture in Blue Springs, Missouri.
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  #158 (permalink)  
Old 07-13-2009
jviehe's Avatar
President

 
Member Since: Jan 2004
Location: Tallahassee, FL
Posts: 15,479

United_States    
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by danielpalos View Post
Promoting and providing for the general welfare are both specifically enumerated in our Constitution.
No one disagrees with that. What we disagree with is what it empowers the govt to do. Weve already posted numerous times the words of the people who wrote it which explain that it wasnt a blank check.
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-Thomas Jefferson
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  #159 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Norrin Radd View Post
Really. So, the author of the Declaration of Independence and the father of the constitution have no idea what the constitution means?
Why do you keep rewriting what I say to mean something different than what I said?

The Constitution was a joint effort and a compromise. There were conflicting political interests and positions in the early republic just as there are today. Thomas Jefferson represented one side of the debate. Madison was more moderate than Jefferson, but basically on the same side. Hamilton, Adams, and Washington were on the other side.

Taking Jefferson's or Madison's interpretation of the Constitution as authoritative would be akin to someone a couple of hundred years from now interpreting all early 21st-century American politics by the words of Dennis Kucinich.
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  #160 (permalink)  
Old 07-13-2009
daddio's Avatar
Vice President

 
Member Since: Jun 2008
Location: the south
Posts: 8,837

United_States     Virginia

Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
I think that charity is so much a normal function of government dating back to ancient times that the framers saw no need to spell it out in detail. The authorization to tax and spend for the general welfare is sufficient to encompass government charity.

They took some pains to describe what was acceptable actions for which to lay taxes etc. and as with the rest of the document, if its not enumerated, its not OK. Yes, it was a compormise but it was what won out is it wound up in the document.


Quote:
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

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 a 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, dockyards, 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.
__________________
Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #161 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by daddio View Post
They took some pains to describe what was acceptable actions for which to lay taxes etc. and as with the rest of the document, if its not enumerated, its not OK.
The remaining enumerated powers are separate powers, not modifications of the power to lay and collect taxes.
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  #162 (permalink)  
Old 07-13-2009
daddio's Avatar
Vice President

 
Member Since: Jun 2008
Location: the south
Posts: 8,837

United_States     Virginia

Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
The remaining enumerated powers are separate powers, not modifications of the power to lay and collect taxes.

they are what Congress may lay and collect taxes to do.
__________________
Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #163 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by daddio View Post
they are what Congress may lay and collect taxes to do.
That's a twisting of the plain language of the Constitution, which would normally be read as saying that Congress may collect taxes "to pay the debts and provide for the common defense and general welfare of the United States" -- which is exactly what it says. The remaining powers are IN ADDITION to the power to tax.

I'm familiar with Madison's argument before Congress along the lines you're saying, but that was just as much a twisting of Constitutional language when he said it. He was, after all, a politician. As I've said repeatedly, there is no reason to regard one side of the Constitution compromise -- the Democratic-Republican side -- as determinative and binding. Madison's interpretation was his own opinion, not binding on anyone else. (Except insofar as, being president at the time, he had the authority. He is no longer president.)

What's more, nobody ever seems to argue that any powers except this one are subordinate to some other power. Nobody ever argues, for example, that the power to coin money may only be used to build an army, or that Congress may only build post offices and post roads to serve in regulating interstate commerce. There is no logical reason to treat the power to tax as a subordinate power while regarding all of the other enumerated powers as separate and distinct. The clear meaning of Article I Section 8 is that they are ALL separate and distinct powers -- including the first one.
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  #164 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
Again, Daniel, I'm going to have to call you on this.

The preamble, to begin with, has no legal force. It's only a statement of the purpose of the Constitution overall.

The first power enumerated in Article I, Section 8 is the power to lay and collect taxes, and by logical extension to spend money. The phrase "provide for the general welfare of the United States" applies to that power, and ONLY to that power. It isn't a general authorization for the government to do whatever it wants provided it can justify it by one of those two phrases. The power to spend money is very broad, but there are many powers of government that it doesn't encompass. Congress can't make the wearing of polyester a federal crime on the grounds that it serves the general welfare to do so, however true that may be.
It may not have legal force, but it should have moral force; as the "mission statement" for our form of statism. And, it is enumerated in our social contract.
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  #165 (permalink)  
Old 07-13-2009
Pogo's Avatar
Feel the compassion?
Want some gov't pie?

 
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Norrin Radd View Post
I ANSWERED NO. As you would already know if you had read enough of my posts at this forum.
How exactly do you propose to protect the poor from the rich?
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Who does vote for these dishonest shitheads? Who among us can be happy and proud of having all this innocent blood on our hands? Who are these swine? These flag-sucking half-wits who get fleeced and fooled by stupid little rich kids like George Bush?

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