Posted on 07/07/2011 4:14:58 AM PDT by Kaslin
"When the chief justice read me the oath," President Franklin D. Roosevelt said to a speechwriter, "and came to the words 'support the Constitution of the United States,' I felt like saying: 'Yes, but it's the Constitution as I understand it, flexible enough to meet any new problem of democracy -- not the kind of Constitution your court has raised up as a barrier to progress and democracy.'"
FDR's statement vividly illustrates the Big Divide between (most) Republicans and Democrats, free marketers and collectivists, Milton Friedman and Paul Krugman. It's the line separating those who believe in the power of individuals from those who believe in the power of government -- so long as they're the ones in power. It's the line that separates those who believe in the welfare state from those who not only believe that the federal government recklessly spends more than it takes in, but also spends it on things not permitted by the Constitution -- and the country is worse off for having done so.
This is the tea party message (to the consternation of Democrats and squishy Republicans): The Constitution means what it says and says what it means. All this Constitution talk produces the inevitable backlash. Joy Behar, the learned Constitutional scholar, asked, "Do you think this Constitution-loving is getting out of hand?"
A Los Angeles Times columnist and I sat on a panel to analyze President Barack Obama's last State of the Union speech. What, I asked, gives the President authority to place health care under the command and control of the federal government? She replied, that part of the Constitution that says to provide for the domestic tranquility.
She refers to a part of the preamble to the Constitution: "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility ... establish this Constitution for the United States of America." Many members of this "living, breathing" Constitution school claim authority for things like ObamaCare resides in the "promote the general welfare" part of the preamble. Using the "domestic tranquility" part was a first.
The Father of the Constitution, James Madison, anticipated the preamble-gives-government-permission-to-do-all-sorts-of-things-for-which-it-lacks-authority argument. In 1794, Congress appropriated money for charitable purposes. An incensed Madison said, "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."
Time Magazine's recent Constitution cover story asks: "Does It Still Matter?" Its answer? Well, yeah, it sort of does, but then again, you know, not so much. After all, the Founding Fathers could neither foresee computers nor Twitter nor predict that Rep. Anthony Weiner would use both to implode his career. So, really, in the modern day, what's the relevance of the old document crafted by well-to-do, slave-owning white males?
As the federal government got bigger over the next 200 years, and assumed responsibilities the Founding Fathers considered the job of individuals, families and communities -- or of the separate states -- Madison's position withered. It's now fighting for its life.
Soon, the 50 percent of voters who pay little or no taxes will march into the polling booth, many pulling levers, pushing buttons and punching chads to vote themselves a raise -- at somebody's else's expense. If the Supreme Court permits the ObamaCare mandate, anything goes.
Constitution-shredders point not to our bloated federal government, the entitlement mentality or to the desire of politicians on both sides to promise things that the Founders feared would eventually produce an electorate with little or no financial skin in the game. No, the real villain is the dastardly Bush tax cuts! If only they had not been enacted, they tell us!
Why not blame the tax cuts signed by other presidents? President John Kennedy's plan reduced the top marginal income tax rate from 91 percent to 70 percent. President Ronald Reagan reduced the top marginal tax rate from 70 to 28 percent. President George W. Bush, by contrast, reduced the top rate from 39.6 to 35 percent, making him Scrooge-like in comparison.
The Washington Post's "Fact Checker" says the two Bush tax cuts, in 2001 and 2003, "cost" $2.8 trillion over 10 years (an average of $280 billion per year). In the last two and a half years alone, Obama has presided over the addition of almost $4 trillion in new debt, and this year's deficit is an estimated $1.6 trillion.
Besides, liberals like the Bush tax cuts -- at least for the lower 98 percent of workers. Since most Democrats want to preserve the Bush-era tax rates for all but the top 2 percent, the objectionable "cost" of the cuts becomes even more inconsequential to dealing with budget, deficit and debt problems.
So now what? We drifted away from the Constitution in fits and starts. It is how we must return to it. Voters must remember who talked the talk and walked the walk. This is a time when we change course, when people rediscover American exceptionalism and the wisdom of the Constitution and say, "Enough."
If not, Greece awaits.
fdr... ****ing dead rat.
LLS
Our Founding Fathers have created a cage for gummint and the damn thing has been chewing at the bars for over 200 years now. Like Lucifer himself, it appeals to libtards, “Please, just let me out and I’ll take care of you.” THey are so damn dumb they don’t realize that “take care of” means “eat you”.
Constitution as I understand it, flexible.Progressives way of saying we want to rewrite it our way.
Vote in every election or they will do so.
DOES TIME STILL MATTER?
TIME’s up.
The design of the constitution is expressed in the preamble, to be, "in order to form a more perfect union, to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and posterity." These are the ends this government is to accomplish, and for which it is invested with certain powers; among these is the power "to make all laws which are 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." It is a rule in construing a law to consider the objects the legislature had in view in passing it, and to give it such an explanation as to promote their intention. The same rule will apply in explaining a constitution. The great objects then are declared in this preamble in general and indefinite terms to be to provide for the common welfare, and an express power being vested in the legislature to make all laws which shall be necessary and proper for carrying into execution all the powers vested in the general government. The inference is natural that the legislature will have an authority to make all laws which they shall judge necessary for the common safety, and to promote the general welfare. This amounts to a power to make laws at discretion. No terms can be found more indefinite than these, and it is obvious, that the legislature alone must judge what laws are proper and necessary for the purpose. It may be said, that this way of explaining the constitution, is torturing and making it speak what it never intended. This is far from my intention, and I shall not even insist upon this implied power, but join issue with those who say we are to collect the idea of the powers given from the express words of the clauses granting them; and it will not be difficult to show that the same authority is expressly given which is supposed to be implied in the foregoing paragraphs.In the lst article, 8th section, it is declared, "that 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." In the preamble, the intent of the constitution, among other things, is declared to be to provide for the common defense, and promote the general welfare, and in this clause the power is in express words given to Congress "to provide for the common defense, and general welfare." And in the last paragraph of the same section there is an express authority to make all laws which shall be necessary and proper for carrying into execution this power. It is therefore evident, that the legislature under this constitution may pass any law which they may think proper. It is true the 9th section restrains their power with respect to certain subjects. But these restrictions are very limited, some of them improper, some unimportant, and others not easily understood, as I shall hereafter show. It has been urged that the meaning I give to this part of the constitution is not the true one, that the intent of it is to confer on the legislature the power to lay and collect taxes, etc., in order to provide for the common defense and general welfare. To this I would reply, that the meaning and intent of the constitution is to be collected from the words of it, and I submit to the public, whether the construction I have given it is not the most natural and easy.
Brutus, Antifederalist #5, December 13, 1787.
We will next inquire into what is implied in the authority to pass all laws which shall be necessary and proper to carry this power into execution.IBIDIt is, perhaps, utterly impossible fully to define this power. The authority granted in the first clause can only be understood in its full extent, by descending to all the particular cases in which a revenue can be raised; the number and variety of these cases are so endless, and as it were infinite, that no man living has, as yet, been able to reckon them up. The greatest geniuses in the world have been for ages employed in the research, and when mankind had supposed that the subject was exhausted they have been astonished with the refined improvements that have been made in modern times ' and especially in the English nation on the subject. If then the objects of this power cannot be comprehended, how is it possible to understand the extent of that power which can pass all laws which shall be necessary and proper for carrying it into executions It is truly incomprehensible. A case cannot be conceived of, which is not included in this power. It is well known that the subject of revenue is the most difficult and extensive in the science of government. It requires the greatest talents of a statesman, and the most numerous and exact provisions of the legislature. The command of the revenues 'Of a state gives the command of every thing in it. He that has the purse will have the sword, and they that have both, have everything; so that the legislature having every source from which money can be drawn under their direction, with a right to make all laws necessary and proper for drawing forth all the resource of the country, would have, in fact, all power.
It is absurd to say, that the power of Congress is limited by these general expressions "to provide for the common safety, and general welfare," as it would be to say, that it would be limited, had the constitution said they should have power to lay taxes, etc. at will and pleasure. Were this authority given, it might be said, that under it the legislature could not do injustice, or pursue any measures, but such as were calculated to promote the public good, and happiness. For every man, rulers as well as others, are bound by the immutable laws of God and reason, always to will what is right. It is certainly right and fit, that the governors of every people should provide for the common defense and general welfare; every government, therefore, in the world, even the greatest despot, is limited in the exercise of his power. But however just this reasoning may be, it would be found, in practice, a most pitiful restriction. The government would always say, their measures were designed and calculated to promote the public good; and there being no judge between them and the people, the rulers themselves must, and would always, judge for themselves.IBID
bump
Will you please explain how Madison was “dead WRONG”?
FDR said that!? I had no idea! Wow! I knew he had pinko leanings, but I didn’t think it was that bad!
Not according to Einstein!
For example, when he assured New Yorkers that the powers of the national government would be “few and defined.” He was totally wrong.
The fact the 'we the sheeple' allow the federal government to run rough-shod over our Constitution does not mean Mr. Madison was 'dead wrong'.
In my studies of Mr. Madison I have found him to be quite perceptive in his analysis/predictions of the abuses which could/would be perpetrated against our Constitution by unenlightened 'statesmen'.
I like Larry Elder....
Every time I hear some politician or talking head bleat about tax cuts “costing” money, I want to grab a club and start beating them over the head. Overspending costs us...not tax cuts.
He was laughably wrong, as he found out during the first Congress, when Hamilton and Washington used implied powers to create a national bank (something Madison opposed at the time, but then supported later as president when saddled with his own war debts.)
When you speak of "legitimate" powers, you beg the question. If Hamilton and Washington couldn't agree with Madison and Jefferson on what was or wasn't a legitimate power, what makes you think it's cut and dried? It isn't. And the resolution of such questions resides with its own power structure. First the Congress, then the president judge for themselves, finally the federal judiciary can chime in and negate or amplify or amend prior judgements.
Obamacare is a case in point. Is it constitutional? You say no. But your voice doesn't count. In reality, we won't know until it gets to the SCOTUS. The president and Congress have already said it is. Few and defined? What a joke.
Sure you can. Think real hard. For instance, Article I Section 8 provides, "To establish Post Offices and Post Roads." By your twisted logic, Congress could not set postal rates. By mine, it is necessary and proper.
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