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newt
Since Nov 8, 2000
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""They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." "
Ben Franklin
"But when one comes to study carefully the secret instincts governing American factions, one easily finds out that most of them are more or less connected with one or other of the two great parties which have divided mankind since free societies came into existence. As one comes to penetrate deeper into the intimate thought of these parties, one sees that some parties are working to restrict the use of public power and the others to extend it."
Alexis de Toqueville
"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."
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"
James Madison Federalist 41