Post by TomLine on Mar 24, 2015 13:24:44 GMT -5
GENERAL WELFARE
by Tom Lineaweaver
by Tom Lineaweaver
The meaning of this clause of the Constitution has been debated ever since the founding of the United States. On one side Hamilton believed Congress was unlimited in it's power unless there was a specific prohibition, such as the First Amendment where it is stated, "Congress shall make no law...." press-pubs.uchicago.edu/founders/documents/a1_8_1s21.html Madison, however, took the position that the powers of Congress were limited and enumerated, and that no tax or spending may go beyond Article I, Section 8. www.usfreedomarmy.com/james-madison-say-work-progress/
I take a hybrid approach. I mainly agree with Madison, but in some circumstances I agree with Hamilton. Take aviation, for example. Can you imagine all 50 States having their own department of aviation for all flights. Certainly they could regulate in State flights. But, what about National flights? Let's say plane A has to go to 5000 feet over Pennsylvania, but 7000 feet over Ohio. That wouldn't work. All 50 States would have to come together to set up uniform rules of aviation in order to make that work. But, isn't that the purpose for the United States Government?
Hamilton did take the approach that Congress could not pass laws for State or Local levels of governance. For example, Congress could not pass a law that states the parking meters in Harrisburg, Pennsylvania may only charger 25 cents per hour. Eventhough the people of Harrisburg would probably like that, Hamilton holds that is not Constitutional. But, Congress could pass a law that no parking meter anywhere in the United States may charge more than 25 cents per hour. Madison would say that is not one of the enumerated powers in Article I, Section 8. And I agree with Madison. Sure, it would be a National Law, but it would still interfere with Local Government. That is why we have the Tenth Amendment.
So my position is that all laws passed by Congress must be of a National scope, and must not interfere with State and Local Government. And Congress may not pass any law that goes beyond the limited and enumerated powers unless it is apparently needed, such as in the case of aviation, and only when it comes to National or International flights. However, it must be understood that in State flights may not interfere with National or International flights.
Now since the General Welfare clause in Article I, Section 8, is part of the overall plan of taxation and spending, there is a limit on taxing and spending. For example, it is not proper to tax the majority to give aid to individuals, such is the case in Housing and Food Stamps. That goes beyond what is "general." The only way for it to be "general" is for everyone in the Country to receive Food Stamps and Housing Assistance. But, who would pay for that? The Federal Government must have complete control over every penny. To do that you must destroy all Constitutional limitations upon Government. Unfortunately, that's the direction we are going in. And it has to change. The more the Government takes from us, the less Freedom we will have. If we stay on the path we are on, we will be totally enslaved. The Federal Government will own us.
And who is doing this to this Country? The elite Republicans and Democrats. That's why we have to get them out of power. We are free people, and we should not seek to be enslaved. Yet, that is what we are doing everytime we elect those elite Republicans and Democrats.
If you don't want to be enslaved under a misinterpretation of the General Welfare clause, then you need to...
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