Section. 8. 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;...
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws; and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
The "general welfare" mentioned in Section 8 does in no way give authority to the Feds to do any thing they can possibly justify. This blurb bureid deep in the Constitution, fi interepeted to mean "there are no limits to power as long as it can be justified as providing for the general welfare" would fundamentally obviate the need for the majority of the Constitution.
It would also eliminate the need for the 10th amendment.
The section that says "shall make laws" refers only to laws pertinent to Section 8; duries, imposts excise taxes etc etc...
Some fine pring bureid in Section 8 of the US Constituion could never rationally be deemed a superior power to the Amendment Process.
Yet the organzied crime syndicates that have stolen 100% authority of the power of the US government routinely uses such power to further entrench themselves and enrich themselves.
" 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."
If you interpret Section 8 to mean the Feds can do anything justifiable for "General Welfare" then there are no powers "not delegated to the US".
Providing for the General Welfare grants 100% authoritarian, depostic powers to the Fed Gov.
All communist governments have been justified as providing for the general Welfare of the people.
The writings of the founding fathers were clear. Furthermore they did not assume such powers when the Constitution was established because they did not intend to assign such powers. It wasnt until after the Civil War that it became established that the FedGov could not be limited by any other domestic power.