Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: A libertarian
"Still, however, attempts to limit Congressional power to those powers "expressly" or "specifically" delegated to the United States are just not textually or historically credible. At least, that's how it seems to me . . . . "

Though I commend your thoughtful exposition on Article I Section 8- the "sweeping clause",
some might misunderstand it to grant unenumerated powers to the Congress.

Following James Madison's reccommendation that disputes over the meaning of the Constitution should be judged by it's actual wording, and failing that, by the debates in the state ratifying conventions:

Virginia Ratifying Convention
Mr. GEORGE MASON. ...That Congress should have power to provide for the general welfare of the Union, I grant. But I wish a clause in the Constitution, with respect to all powers which are not granted, that they are retained by the states. Otherwise, the power of providing for the general welfare may be perverted to its destruction.
Many gentlemen, whom I respect, take different sides of this question. We wish this amendment to be introduced, to remove our apprehensions. There was a clause in the Confederation reserving to the states respectively every power, jurisdiction, and right, not expressly delegated to the United States. This clause has never been complained of, but approved by all Why not, then, have a similar clause in this Constitution, in which it is the more indispensably necessary than in the Confederation, because of the great augmentation of power vested in the former? In my humble apprehension, unless there be some such clear and finite expression, this clause now under consideration will go to any thing our rulers may think proper. Unless there be some express declaration that every thing not given is retained, it will be carried to any power Congress may please.

...Mr. GEORGE NICHOLAS, in reply to the gentlemen opposed to the clause under debate, went over the same grounds, and developed the same principles, which Mr. Pendleton and Mr. Madison had done. The opposers of the {443} clause, which gave the power of providing for the general welfare, supposed its dangers to result from its connection with, and extension of, the powers granted in the other clauses. He endeavored to show the committee that it only empowered Congress to make such laws as would be necessary to enable them to pay the public debts and provide for the common defence; that this general welfare was united, not to the general power of legislation, but to the particular power of laying and collecting taxes, imposts, and excises, for the purpose of paying the debts and providing for the common defence, — that is, that they could raise as much money as would pay the debts and provide for the common defence, in consequence of this power. The clause which was affectedly called the sweeping clause contained no new grant of power.

"...Mr. MADISON was surprised that any gentleman should return to the clauses which had already been discussed. He begged the gentleman to read the clauses which gave the power of exclusive legislation, and he might see that nothing could be done without the consent of the states. With respect to the supposed operation of what was denominated the sweeping clause, the gentleman, he said, was mistaken; for it only extended to the enumerated powers. Should Congress attempt to extend it to any power not enumerated, it would not be warranted by the clause. "
(emphasis added for those in a hurry)


It grants congress large power, but only to carry out it's enumerated powers, which enumerated powers are sometimes interpreted too broadly in our new Republic of Dependency (oops, how did that slip out!), but that is another problem altogether.

126 posted on 02/03/2002 9:11:15 AM PST by mrsmith
[ Post Reply | Private Reply | To 121 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson