A "Constitutional" Federal Government

Discussion in 'US Constitution' started by DGS49, Apr 7, 2018.

  1. DGS49
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    DGS49 Gold Member

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    Section 8 of Article I of the Constitution sets for ALL of the things that Congress is authorized to do - or, as a practical matter, to spend money on. According to the Tenth Amendment, EVERYTHING ELSE is reserved for either the States or the people.

    To review, here is a redacted copy of Section 8:

    The Congress shall have power to lay and collect taxes, duties... to pay the debts and provide for the common defense...of 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 [provide for patents, copyrights, and trademarks];

    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;

    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(s);

    To [govern the District of Columbia] e;--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.

    NOTE THAT all of these things provide for GENERAL benefit, and not the benefit of any individual. No welfare, farm subsidies, housing subsidies, Social Security or Medicare. All of these are unconstitutional, although if Social Security truly were a "Trust Fund," with no taxpayer supplement, it might be permissible.

    Would you vote for a politician that promised to govern according to the Constitution, as written?

    P.S. Some people are majorly misled by "general welfare" verbiage here and in the Preamble. It is long established that such language does NOT give Congress a blank check to do anything it thinks will promote the "general welfare." That could be the subject of a different thread; don't waste ink on it here.
     
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  2. Moonglow
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    Moonglow Diamond Member

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    You are using ink? What a waste..

    You left out other stuff in the Constitution also..
     
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  3. frigidweirdo
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    frigidweirdo Platinum Member

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    Nice editing, getting rid of the bits you don't like.

    Where's "general welfare" in what you post?

    Are people misled by it? Perhaps.

    This part is about what Congress may raise taxes for. So they can spend money on the common defense and also on general welfare.

    South Dakota v. Dole, 483 U.S. 203 (1987)

    This allowed the Federal govt to withhold money to states who didn't make laws the Federal govt wanted them to make.

    So, basically govt can raise as much tax money as the like and spend it however they like on general welfare. It doesn't give them the power to MAKE laws. It gives power to raise taxes.


     
  4. JoeMoma
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    JoeMoma Gold Member

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    The horse is out of the barn!
     
  5. BULLDOG
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    BULLDOG Diamond Member

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    Quick. You need to run to Washington and let them know about this surprising discovery you have made. I'll bet the Supreme Court will appreciate you pointing out how they have been so wrong for so long. Better yet, you should write a letter to the editor of your local paper. I'll bet that will straighten them out.
     
  6. rightwinger
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    rightwinger Award Winning USMB Paid Messageboard Poster Gold Supporting Member Supporting Member

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    Congress can act in the general welfare of the people
     
  7. Flash
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    Flash Platinum Member

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    I have been waiting for that person all my life.

    We need to dismantle this monstrosity of a Federal government and only do the necessary things. Certainly no more welfare, subsidies, entitlements or bailouts.

    All that and actually adhering to the Bill of Rights.
     
  8. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    Promote the general welfare, not provide for the individual welfare.
     
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  9. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Wrong.

    The ‘general welfare’ canard propagated by the right is as ignorant as it is idiotic.

    Acts of Congress pursuant to Article I, Section 8 are perfectly Constitutional unless the Supreme Court rules otherwise.
     
  10. regent
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    regent Gold Member

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    "The Constitution is what the Court say it is" Justice Hughes..
     

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