Posted on 08/04/2009 5:00:11 PM PDT by sovereignty2
If Congress cannot use the power of appropriation to do things not authorised in the Constitution, either expressly or by fair implication, then where would one look to find a basic blueprint so this rule can be followed?
Ironically, that would be a Federalist Essay written by James Madison. In Essay No. 45, he distinguished the external powers granted to the federal government from the domestic powers reserved to the States:
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part; be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people; and the internal order, improvement, and prosperity of the State.
The operations of the federal government will be most extensive and important in times of war and danger, those of the State governments in times of peace and security.
As stated by Madison, the powers of the federal government pertain, for the most part, to external or foreign affairs and do not extend to the life, liberty or property of the people of the several States. This constitutional principle, standing alone, disproves any assertion that Congress was granted broad authority under the General Welfare Clause. It also negates any claim that Congress was granted the authority to establish and fund domestic social programs under the guise of the general welfare. Thus, any appropriation to fund these programs is unconstitutional irrespective of whether it meets the general (apply to the whole) test.
(Excerpt) Read more at tenthamendmentcenter.com ...
Yes.
Keeping the CON in CONgress.
Great Post!
Members of Congress count on spending other peoples’ money in order to get elected. And they don’t think a thing of it.
Great find and this is the EXACT issue of the future. We’ve got to come to grips with the fact that our federal government is out-of-control and has been for decades. This is why the solution cannot only be trying to replace the D’s with the R’s. Anyone remember us being “Compassionate Conservatives?”
In the end, the government has been acting extra-Consitituional for generations and it’s up to us, We the People to be the ultimate check and balance to them. Vote them out in 2010 but only if the replacement is a true Article 1, Section 8 candidate. Don’t vote for the lesser of two evils.
this is war...it is the war of the Democrats against the Baby Boom...who have paid into and now are poised to reap the benefits of Social Security and Medicare...it is the war of those who created these fraudulent programs ...which have fleeced 45 years of taxes from the Baby Boom..and never intended to grant them the benefits they were conned into allowing to be withheld from their paychecks. It is a personal war...because by hastening them to their graves...they intend to fleece their descendants of their estates.
And the sheeple do nothing.
This is how governments, not to mention civilzations, fall.
This one is over. Too many are staying home. (Until you get the numbers I am too -- I fought too many decades while the lazeabouts did nothing. Get serious and I'll join you, but until then I've done my part.)
America -- a great idea, didn't last.
Start over.
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