Entities: Build NASA spacecraft in California

Valley Press ^ | on Wednesday, July 13, 2005. | ALLISON GATLIN

[Red Badger]

TIJUANA.....

[Redleg Duke]

Because the Boy Scouts of America were tired of them being in the same category..."Para-Military"! :-)

[RightWhale]

CEV

Catchy name. How many of these flying buckets of bolts do they intend to build? If they are to be as common as 787s, we might be interested in building a CEV plant here in Fairbanks, but if it is only 5-10, it wouldn't be worth the trouble.

[Irontank]

Sure. It's right here in Clause 1:

"provide for the common Defence"

Actually, military applications are carved out of the National Aeronautical Space Act...its stated purpose is to "benefit all mankind" (aren't you happy your tax dollars are hard at work benefitting all mankind?). In part the NAS Act reads:

DECLARATION OF POLICY AND PURPOSE
Sec. 102. (a) The Congress hereby declares that it is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all mankind.

(b) The Congress declares that the general welfare and security of the United States require that adequate provision be made for aeronautical and space activities. The Congress further declares that such activities shall be the responsibility of, and shall be directed by, a civilian agency exercising control over aeronautical and space activities sponsored by the United States, except that activities peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States (including the research and development necessary to make effective provision for the defense of the United States) shall be the responsibility of, and shall be directed by, the Department of Defense; and that determination as to which such agency has responsibility for and direction of any such activity shall be made by the President in conformity with section 201(e).

(c) The Congress declares that the general welfare of the United States requires that the National Aeronautics and Space Administration (as established by title II of this Act) seek and encourage to the maximum extent possible the fullest commercial use of space.

So Congress cited the general welfare clause (the same bogus authority it cited for the Social Security Act...although in passing the SS Act, the government at least tried to tie the general welfare power to the tax and spend power).

But whether it is common defense or general welfare....those are not enumerated powers...they're declaratory purposes...set forth before the list of specific enumerated powers

Madison, in Federalist 41, rejected what he considered the "absurd" concerns of the Anti-Federalists that someone in the future would try to claim that the common defense or general welfare language were independent grants of power:

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.

NASA is an unconstitutional agency...but I will grant you that about 98% of the federal government today in unconstitutional...and I suppose there are bigger, more expensive, better targets for abolition than NASA

[Yo-Yo]

You cite the article that outlines the powers of Congress. NASA is an Executive Branch agency.

[Irontank]

Do you have any doubt that we would easily amend the Constitution to add authority for the Air Force...or missile defense?

Neither do I...but it seems that the attitude by 1947 was, why amend the Constitution when we can just ignore it?

[Red Badger]

At least the Boy Scouts have Adult leadership!..........

[Redleg Duke]

As a trained Assistant Scoutmaster, I thank you! :-)

[Irontank]

True...but Congress passed the law that created NASA, enacts the legislation that NASA implements, and appropriates the money that NASA spends...every executive agency is created and funded by Congress so Courts always look for authority in Article I...and, predictably...they always find it

If I didn't know better, I'd find it hard to believe that the Constitution we all pretend to revere actually provides for limited, enumerated powers

[PAR35]

Actually, military applications are carved out of the National Aeronautical Space Act.

Who said national defense has to be military? NASA has launched payloads for several agenicies which are just as important to national defense as are the army and the navy.

[GOP_1900AD]

If this pans out, it would be great news for the High Desert!

[Trimegistus]

THE ENTITIES DEMAND A SPACECRAFT. OBEY THE ENTITIES.

[BenLurkin]

Yes. Caught one right here in front of my web cam:

Yikes, that's hot!

[inquest]

"Although the CEV requirements are not yet finalized, two needs are known: The vehicle must carry six crew members and be capable of serving the international space station."

Phew! I was starting to lose sleep at night, worrying that the international space station would be without service.

(yes, that was sarcasm)

[Euro-American Scum]

Both teams, one headed by Lockheed Martin and the other a joint project of Northrop Grumman Corp. and Boeing, have existing facilities in the Antelope Valley and elsewhere in California.

I'm sure it would be a lot cheaper if they offshored this project to China.

[The_Victor]

PS: I think one would place such things under the "common Defence and general Welfare of the United States" clause

Unfortunately, that is the preamble. We would call it the mission statement today. Everything intended to accomplish the desires spelled out in the preamble are contained in the articles of the Constitution. If you can't point to an article for justification, then it ain't in there.

This is a pet peeve of mine, because it's the same justification that liberals use for Welfare. "The Constitution says 'promote the general welfare,' so direct payments from the treasury are what the founders intended. "