There is a fundamental difference between those who reject the theory of a social contract and those who support the theory. The difference is in the details and the details usually show the hypocrisy of those who reject it.
By accepting the benefits of government it is argued that they accept SC theory, at least tacitly. The examples of the fires in Texas and floods in the midwest are valid examples of some residents and elected officials accepting the largess of the federal government while arguing the Constitution doesn ot authorize those benefits.
As a liberal I support the government providing money to the citizens of Texas to fight fires, and to the citizens of the flood ravaged midwest for relief. Nowhere in the enumerated powers is such an authority granted the President, yet he has acted. Please explain what to me is an obvious contradiction LIEability.
Fly Catcher, I will presume that you were addressing me, since you are thoroughly unoriginal and glaringly dishonest.
I am GUESSING that you think that the President has no enumerated power to help the victims in to disaster areas within the United States. Maybe, maybe not. But when FEMA acts, it acts with the imprimatur of some duly passed Congressional Acts which have become law.
Now if what you are trying to say is that the Congress has no Constitutional authority to create a FEMA type agency, that's another story.
In fact, Congress DIDN'T create FEMA. Jimmy Carter did during his Administration by way of an Executive Order. But it was a mere consolidation of a vast hodge podge of Federal Agencies created to address all manner of local disasters within the United States, so it did start out as Congressionally authorized.
That still begs the question. By dint of what Constitutional authority did Congress create those other agencies?
In some ways, I'm surprised that YOU would even "ask" that question. Are you suggesting that Congress has no Constitutional authority to do this?
Or, are you just trying to be slick here? could it be that you hope to get a concession that the "welfare clause" in the Preamble justifies such Federal Government actions?
The Preamble, in fact, gives Congress ZERO authority. It is just that: a preamble. it has no legal weight on its own.
The authority of Congress to enact such laws, instead, is likely found in Art. I, Sec. 8.
Article 1, Section 8 states:
"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."
There is a specific expression of authority by which it may at least be intelligently claimed that the Constitution grants
some authority to Congress for such purposes.
I'm not sure the claim is valid, but like you, I take the position that I want the WHOLE (the Federal Union) to look out for the interests of the States when disasters do strike. So there you have it.
My foot has taken the first step on the slippery slope. Is that what you were looking for, Fly Catcher?
It could be argued (as a question of proper Constitutional interpretation) that the U.S. Constitution instead contemplates that disaster relief is a proper government role for the STATES but not for the Federal Government. I could see that too, but I believe that it is probably a bit too dogmatic to go that far.
What happened in La. and N.O. during Katrina, for example, was not mostly a failure of the Federal government. It was PRIMARILY a failure of STATE and LOCAL government. Nevertheless, I cannot imagine that it would have been Constitutionally impermissible for the Federal Government to lend a hand under those dire circumstances.