We have a Government that has taken over states rights and used the general welfare clause to expand itself into larger and larger government
First, you forgot to cite your case law where the Supreme Court has made such a ruling on the General Welfare Clause and states rights.
Second, there is no such thing as states rights, that concept was nullified by the Civil War and 14th Amendment.
This fact was later affirmed by the Supreme Court in the case of
United States v. Darby (1941), where the Court was reviewing the constitutionality of the Fair Labor Standards Act passed by Congress in 1938.
In
Darby, the Court addressed the 10th Amendment, often cited in error by advocates of the fallacy of states rights:
From the beginning and for many years, the [Tenth A]mendment has been construed
as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. Martin v. Hunter's Lessee, 1 Wheat. 304, 324, 325; McCulloch v. Maryland, supra, 405, 406; Gordon v. United States, 117 U.S. 697, 705; Lottery Case, supra; Northern Securities Co. v. United States, supra, 344-345; Everard's Breweries v. Day, supra, 558; United States v. Sprague, 282 U.S. 716, 733; see United States v. The Brigantine William, 28 Fed.Cas. No. 16,700, p. 622.
Whatever doubts may have arisen of the soundness of that conclusion, they have been put at rest by the decisions under the Sherman Act and the National Labor Relations Act which we have cited. See also Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 330-331; Wright v. Union Central Ins. Co., 304 U.S. 502, 516.
United States v. Darby
Third, the Constitution outlines the governments role as interpreted by the Supreme Court, the Courts decisions are the law of the land, per
Marbury v Madison (1803), where the Supreme Court is authorized to decide what the Constitution means. There is nothing in the Constitution stating how big or small the government should be, nor will the Court ever rule on such an inane issue. And the size of the government doesnt necessarily have anything to do with the size of debit.
We now have Departments making laws, as well as Court Judges and Executive power is over riding Legislative power and courts are making decisions over riding the majority of voters in the states.
Fourth, per
West Virginia Board of Education vs. Barnette (1943), the rule of law states that we are not subject to the dictates of men, regardless the number of votes. The majority of a given state may not vote to preempt the rights of others, it is utterly irrelevant. The rule of law protects us from the tyranny of the majority. The courts are therefore not overriding the majority of voters in a given state, but exercising the concept of the rule of law to strike down statutes which are indeed un-Constitutional, violating the rights of others.
That is not our Constitution, it is government out of control.
Last, this is indeed our Constitution the government being out of control has nothing to do with the Constitution (indeed, its been the Constitution and courts which have prevented over the years the government becoming a dictatorship see: Nixon Administration) and everything to do with the ignorance and apathy of this Nations citizens to engage in petty partisan bickering and adhere blindly to reactionary political doctrine and dogma
we have met the enemy and he is us.
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As an aside its sad and troubling that conservatives and others on the right dont exhibit the same outrage with regard to government overreach with regard to 4th Amendment privacy rights concerning abortion and police search and seizure, 5th and 6th Amendment due process rights with regard to non-citizens, and 14th Amendment equal protection rights with regard to same sex marriage as they do issues of commerce.
Hypocrisy, thy name is conservative.