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REPOST: How Tyranny Came to America [re: Constitutionalism 101]
Constitution Party / www.constitutionparty.org ^ | 2000 | Joseph Sobran

Posted on 03/11/2003 11:05:47 AM PST by Stand Watch Listen

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To: Gumption; Southack
is actually an UNlimited grant of power to the federal government, they are trying to convince me of a falsehood.

True. And once we see that, there is really no need to argue further with them.

I just like to knock their argument down in their own terms when I can, because maybe they could benefit. If he really believed what he said, now he has had an opportunity to see one way in which that belief was wrong.

In my experience, though, people who make arguments like that don't really believe what they are saying. In southack's case, he might really believe that "welfare" is good, but he doesn't really believe that the "general welfare phrase"(as he puts it) actually justfies it. He just thinks that he might be shake some people's reasons for being against it by making a false argument.

An info-warrior type. I wonder if there's any money in that line of work?

41 posted on 04/06/2003 6:01:13 PM PDT by Yeti
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To: Yeti
Don't underestimate the human mind's ability to convince itself of the absurd.
42 posted on 04/06/2003 6:06:03 PM PDT by Sofa King (-I am Sofa King- tired of liberal BS!)
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To: jamaksin; ZULU
zl ...

The liberal anti-gunners will never give up.

As long as they control the mass media, as long as the NEA maintains its ... Bolshevik monopoly * * --- on public education, and as long as we support churches, actors and other organizations who try to subvert our God-given, governmentally guarenteed rights, we will lose by gradual attrition.

zl ...

We must take strong action on the propaganda front to sieze the initiative from these anti-Constitutionalist, left-wing wacko revisionists.

41 posted on 04/04/2003 11:34 AM PST by ZULU

fC ...

Bolshevik monopoly (( evolution )) !

The catholic hirearchy and the ussc sanctions ...

rubberstamps this gestapo science (( gun // bible grabbers )) ---

... * * ... junta !

Main Entry: jun·ta

Pronunciation: 'hun-t&, 'j&n-, 'h&n- Function: noun
Etymology: Spanish, from feminine of junto joined, from Latin junctus, past participle of jungere to join -- more at YOKE
Date: 1622
1 : a council or committee for political or governmental purposes; especially : a group of persons controlling a government especially after a revolutionary seizure of power
2 : JUNTO

43 posted on 04/06/2003 6:15:57 PM PDT by f.Christian (( who you gonna call ... 1 800 orc // evo bstr ))
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To: Gumption
"Wouldn't reading in the "general welfare clause" as you and all leftists do make the central governments constitutional powers UNlimited? I thought the constitution limited the powers of the central government but I can't think of one single federal program, real or imagined, that wouldn't come under the all encompassing "general welfare clause". Can you?"

Of course I can. Gambling, for instance, seems to have little to do with "general welfare", thus, it is left up to the States.

And now, since I politely answered your challenge above in bold, perhaps you'll have the courtesy and intellectual honesty to answer my own challenge to you, which is to *specify* what power, if any at all, you ascribe to the legal, written, codified "general welfare" clause in our Constitution.

I'll be waiting...

44 posted on 04/06/2003 6:27:51 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Yeti
"Just the welfare(meaning well-being) of the nation, not "welfare" as recently redefined to mean money for poor people. The word didn't even have that meaning when the document was composed."

You seem to be getting pretty wordy, but no, you still haven't described the *precise* definition/power that you personally ascribe to the legal, written, codified "general welfare" clause in our Constitution.

Perhaps in your own mind you've never yet given that clause any meaning, one wonders (in which case, you would sadly be illegally interpreting our Constitution contrary to its design)...

But, I'm willing to give you one more chance to try to *specifiy* the precise definition that you give that clause, at least, if you aren't going to get all wordy and dodgy on me.

I'll be waiting...

45 posted on 04/06/2003 6:33:34 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Gumption
"There is no "general welfare clause" in the Constitution."

That's incorrect. See post #17 above, which cites Article I, Section 8 of the U.S. Constitution.

46 posted on 04/06/2003 6:34:53 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Sofa King
"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; but all duties, imposts and excises shall be uniform throughout the United States;"

"General welfare" does not mean "whatever you feel like"." - Sofa King

Then what does it mean to you, specificly? Please be precise, and keep in mind that whatever limits are ascribed to "general welfare" must *also* be ascribed to "common defense", as they are both in the same part of the same sentence in our Constitution.

47 posted on 04/06/2003 6:39:03 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
"Then what does it mean to you, specificly? Please be precise, and keep in mind that whatever limits are ascribed to "general welfare" must *also* be ascribed to "common defense", as they are both in the same part of the same sentence in our Constitution."

I already did:

"..the enumerated power here is the ability to tax, not the power to care for the general welfare of the nation. In other words, the government uses it's enumerated powers to work for the general welfare of the nation- and pays for it with the taxes collected as allowed for by this clause.

Perhaps it would be more clear if I said that whatever the government does with it's enumerated powers is caring for the general welfare of the nation, and this clause means that it can use taxes to pay for it.

Whatever powers this gives to the federal government concerning the "common defense" are irrelevant since the government's authority to raise a military and defend the nation are enumerated elsewhere.

48 posted on 04/06/2003 7:01:19 PM PDT by Sofa King (-I am Sofa King- tired of liberal BS!)
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To: Southack
OK Southack, just to shut you up:

general -- overall, broad
welfare -- well-being, benefit
United States -- The nation as abstracted from the government or the people, the nation as a whole.

So, "The overall well-being of the nation as a whole."

Like I said: interstate highways, meteorological services, etc ...

The meaning is clear on the face of it, confusion only occurs when it is introduced by the artifice of frauds such as yourself.

49 posted on 04/06/2003 7:05:14 PM PDT by Yeti
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To: Sofa King
"Perhaps it would be more clear if I said that whatever the government does with it's enumerated powers is caring for the general welfare of the nation, and this clause means that it can use taxes to pay for it." - Sofa King

And thus, so would go the same for "common defense, such that every aspect of our defense would have to be enumerated in your view by the logic you list above.

"Whatever powers this gives to the federal government concerning the "common defense" are irrelevant since the government's authority to raise a military and defend the nation are enumerated elsewhere." - Sofa King

No, I don't buy your above explanation, as that would mean that whole parts of our U.S. Constitution were REDUNDANT and thereby unnecessary.

Let's not go throwing out whole parts of our Constitution just so that it starts to fit your world-view, shall we...

50 posted on 04/06/2003 7:08:28 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
"...whatever limits are ascribed to "general welfare" must *also* be ascribed to "common defense", as they are both in the same part of the same sentence in our Constitution."

Yes, the general welfare clause is all one sentence. Why then do you put your emphasis on the common defence and general welfare, and ignore all that follows the semicolon. That is a list of paticulars qualifying the previous portion of the sentence.

From the Federalist Papers #41:

Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. 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.

51 posted on 04/06/2003 7:08:37 PM PDT by SKI NOW
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To: Yeti
"So, "The overall well-being of the nation as a whole." Like I said: interstate highways, meteorological services, etc ..." - Yeti

Social Security, Medicare/Medicaid, etc... OK, you've just agreed with me by insisting on using the definition that you posted above, after all, your definition fails to differentiate between why meterological services would be granted by the "general welfare" clause but that Medicaid would not...

52 posted on 04/06/2003 7:12:18 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
Of course I can. Gambling, for instance, seems to have little to do with "general welfare", thus, it is left up to the States.

Wrong answer - Think about it, if the gambling question came to prominence in the U.S. congress (because of the crime associated with it) and they decided to legislate the industry out of business, they would use "the general welfare clause" to defend this extra constitutional behavior. If you believe their is a "general welfare clause" then you would have to say "oh well, I guess it's constitutional because outlawing gambling is for the general welfare of the United States". Everything congress does, and will do, is for the general welfare, at least that's what they tell us. So try again to name ANY former, current, or potential government legislation that couldn't fit under "general welfare".

What do those written words mean? Lets look at it shall we ...

The 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; but all duties, imposts and excises shall be uniform throughout the United States;

Notice how this paragraph pretty much summarizes everything in Article 1, section 8? Well that's what it does. Every specifically enumerated power that follows can fit into either "general welfare" or "common defense". If the words "general welfare", and "common defense" were the actual enumerated powers they wouldn't have had to enumerate them any farther.

It's absolutely obvious that if "general welfare" was meant to be an enumerated power granted to the central government then constitutional limits are non existent. Do you think the founding dads wanted the constitution to limit the central government or grant unlimited powers to the central government.

53 posted on 04/06/2003 7:13:54 PM PDT by Gumption
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To: SKI NOW
"From the Federalist Papers #41:"

There's no need to quote the Federal Papers, as they were never agreed upon, debated, vetted through a compromisation process, or ratified into written law by enough states to make it into our Constitution.

At best, they are mere pieces of opinion from a *minority* of Founding Fathers.

54 posted on 04/06/2003 7:15:31 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Gumption
"if the gambling question came to prominence in the U.S. congress (because of the crime associated with it) and they decided to legislate the industry out of business, they would use "the general welfare clause" to defend this extra constitutional behavior."

What makes you say that?

55 posted on 04/06/2003 7:17:11 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Gumption
"It's absolutely obvious that if "general welfare" was meant to be an enumerated power granted to the central government then constitutional limits are non existent."

Nonsense. Not a single federal judge in the past 200 years would agree that such a claim was "obvious", nor would I.

56 posted on 04/06/2003 7:19:38 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
There's no need to quote the Federal Papers,

Bwaaaahhahhahahah! Yeah what would they know about it? Bwaahahahahah!

57 posted on 04/06/2003 7:19:53 PM PDT by Gumption
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To: Gumption
"Bwaaaahhahhahahah! Yeah what would they know about it? Bwaahahahahah!"

A *minority* of Founding Fathers does *not* a law make...

58 posted on 04/06/2003 7:21:53 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
If you want to see the constitution as a limitless grant of power to the government, that's your choice.
But I've made my points so now it's up to you to be part of the solution to the endless encroachment
of the federal government on States rights without constitutional amendments or part of the problem.
59 posted on 04/06/2003 7:32:21 PM PDT by Gumption
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To: Southack
"And thus, so would go the same for "common defense", such that every aspect of our defense would have to be enumerated in your view by the logic you list above."

Thus clauses 11, 12, 13, and 14, as explained by the very next line in my post.

"No, I don't buy your above explanation, as that would mean that whole parts of our U.S. Constitution were REDUNDANT and thereby unnecessary."

You're the one supporting a redundant view of the Constitution. You're saying that they went through the trouble of listing a bunch of federal powers, only to add a single clause that said that the federal government can do just about any damn thing it wants, thus making all of the other enumerated powers redundant.

I'm saying that the clause you posted doesn't give any power to the government other than to tax, and to use the taxes to pay for the powers listed elsewhere. There is no redundancy there. Besides, the constitution WAS written by human beings, and as such would not be flawless. A one-line redundancy (as would be the case if your claim about my interpretation was true) isn't unrealistic. 17 Clauses of redundance (as would be the case if your interpretation was true) would be.

60 posted on 04/06/2003 7:34:59 PM PDT by Sofa King (-I am Sofa King- tired of liberal BS!)
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