The ‘General Welfare Clause’ In Itself Gives no Power to Congress

September 19, 2009

James_MadisonJames Madison, considered “the father” of our constitution, explained in the Federalist Papers no. 41 why the wording in Article I section 8, “provide for the…general welfare,” does not grant congress broad powers as some have interpreted it.  This is kind of long, but it is important, so I thought I would include the explanation in its entirety: (bold and italics added for emphasis)

Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the 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,” amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.

Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms to raise money for the general welfare.

But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter.

The objection here is the more extraordinary, as it appears that the language used by the convention is a copy from the articles of Confederation. The objects of the Union among the States, as described in article third, are “their common defense, security of their liberties, and mutual and general welfare. ” The terms of article eighth are still more identical: “All charges of war and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress, shall be defrayed out of a common treasury,” etc. A similar language again occurs in article ninth. Construe either of these articles by the rules which would justify the construction put on the new Constitution, and they vest in the existing Congress a power to legislate in all cases whatsoever. But what would have been thought of that assembly, if, attaching themselves to these general expressions, and disregarding the specifications which ascertain and limit their import, they had exercised an unlimited power of providing for the common defense and general welfare? I appeal to the objectors themselves, whether they would in that case have employed the same reasoning in justification of Congress as they now make use of against the convention. How difficult it is for error to escape its own condemnation!

PUBLIUS.

Click here for part 1 of this series “Article I Section 8″


Article I Section 8 of the U.S. Constitution

September 16, 2009

Constitution_Pg1of4_ACArticle I Section 8 of the U.S. Constitution is specific on the powers delegated to Congress:

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.

Are Utah’s Senators Bennett and Hatch and Representatives Bishop, Matheson, and Chaffetz upholding the constitution by voting against any bill that doesn’t fall under one of these specific powers?  Our founders even re-emphasized this point in the 10th Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Click here for Part II of this series “James Madison’s explanation of the ‘General Welfare’ clause


Hatch & Bennett Vote Yea on Cass Sunstein Confirmation

September 11, 2009

719px-SunsteinSenators Bob Bennett & Orrin Hatch of Utah both voted in favor of the confirmation of Cass R. Sunstein to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (in short “Regulatory Czar”).  Is this what they think their constituents want?

It’s not only that Cass Sunstein believes “we should ban hunting,” or his belief that animals have the right to sue in court; It is his perverted view of the constitution (see his book Radicals in Robes, especially chapter 9 – “Guns, God, and More”)  and his expertise in using existing laws to tweak regulations until his vision for America is accomplished (see Sunstein’s book Nudge).

What are Bennett & Hatch doing?!

[A]lmost all gun control legislation is constitutionally fine. And if the Court is right, then fundamentalism does not justify the view that the Second Amendment protects an individual right to bear arms. ”

Earmarks from Utah’s Federal Delegation

September 3, 2009

With the exception of Jim Matheson, Utah’s Senators and Congressmen don’t make it easy to find information on their appropriation requests (aka earmarks or pork).  Here are the links to that information for fiscal year 2010 (I’m currently doing some research to find any ties between campaign donations and earmarks):


Glenn Beck urges Senator Hatch to ‘Wake Up!’

August 31, 2009


KSL News: Jason Chaffetz’ Provo Town Hall

August 26, 2009


Rep Chaffetz Provo Town Hall Changed

August 21, 2009

Art_chaffetz_congressCongressman Jason Chaffetz’ Provo Town Hall Meeting’s venue has been changed to the Covey Center for the Arts (425 West Center St, Provo 84601).  It will still be Tuesday August 25 at 7pm.


Utah Town Hall Update

August 20, 2009
  • Congressman Jason Chaffetz has changed the location of his South Jordan town hall meeting to Elk Ridge Middle School at 3649 W 9800 S. (Daily Herald)
  • Senator Orrin Hatch will host an Economic Forum at Utah Valley University’s Ragan Theater on August 28th beginning at 9am.  The event is free to the public and the Senator’s office told me this is the only public event he will be holding during the recess. (Daily Herald)
  • Senator Bob Bennett will hold a breakfast with Karl Rove which is open to current and potential Republican delegates.  It will be held at the Grand America Hotel’s Imperial Ballroom on Friday, August 28th at 8:30 am.  In order to attend you must RSVP by August 26th, 5:00 pm to info@bennettforsenate.com.  In the e-mail you must include your name, a guests name, and your contact number.  Call 801-328-4889 for more info.

Town Hall Meetings – Rep. Rob Bishop

August 17, 2009

From robbishop.house.gov/:

  • Layton – Wed. August 19, 7:30-8:30pm 437 N. Wasatch  Drive (City Council Chambers)
  • Grantsville - Thurs. August 20, 6:00-7:00pm 429 East Main Street (City Hall)
  • Hyrum – Wed. August 26, 7:30-8:30pm, 83 West Main Street (City Building)
  • Morgan - Thurs. August 27, 6:00-7:00pm, 55 North 200 East (Morgan High School)
  • Ogden – Thursday August 27, 8:00-9:00pm, 2380 Washington Blvd. (Weber County Commission Chambers)

August Recess for Utah’s Senators & Congressmen

August 10, 2009

600px-US_Congressional_Seal.svg

Is it any wonder, why the approval ratings of the Congress go up every time we go into recess? -Senator Robert Byrd

There’s a good article in the Salt Lake Tribune that tells us what Utah’s delegation will be up to during the August recess.

I called the offices of each one of our representatives to find out if they would be doing town hall meetings during the recess.  Here’s what I found out:

  • Senator Orrin Hatch’s office is planning a town hall meeting for the end of August, but they didn’t have any details yet.
  • Senator Bob Bennett will not be holding any town hall meetings but will be speaking at the Rural Business Conference in Cedar City (Aug. 20), Delta (Aug. 21), and Ephraim (Aug. 27).  These events are free and open to the public, but you have to pre-register.
  • Representative Rob Bishop will be holding several town halls but all the details are not yet finalized.  He will be in Layton on August 19 from 7:30-9:00pm at the Layton City Council chambers and in Grantsville on August 20.
  • Representative Jim Matheson will not be holding any town hall meetings and plans on meeting with local leaders throughout his district.
  • Representative Jason Chaffetz will hold town hall meetings at the following locations:
    • Provo – August 25 7pm, 51 South University Ave. 3rd Floor Ballroom
    • South Jordan – August 26 7pm, South Jordan Library 10673 South Redwood Road
    • Ephraim – September 2 1pm, Greenwood Student Center 250 East College Ave.
    • Fillmore – September 2 5pm, Old Territorial Statehouse
    • Delta – September 2 7pm, Delta City Office 76 N 200 W