Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

libguard

(40 posts)
Sat Oct 13, 2012, 12:47 PM Oct 2012

The General Welfare Clause MEMORIZE IT!

In one letter, Thomas Jefferson asserted that “The laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised.

in Gibbons v. Ogden: "Congress is authorized to lay and collect taxes, &c. to pay the debts and provide for the common defense and general welfare of the United States. ... Congress is not empowered to tax for those purposes which are within the exclusive province of the States."[14]

Alexander Hamilton, only after the Constitution had been ratified,[26] argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[27]

in Helvering v. Davis,[30] the Supreme Court interpreted the clause even more expansively, disavowing almost entirely any role for judicial review of Congressional spending policies, thereby conferring upon Congress a plenary power to impose taxes and to spend money for the general welfare subject almost entirely to Congress's own discretion.

Even more recently, in South Dakota v. Dole[31] the Court held Congress possessed power to indirectly influence the states into adopting national standards by withholding, to a limited extent, federal funds. To date, the Hamiltonian view of the General Welfare Clause predominates in case law.
-----------------------------------------------------------------------------------------------------

This is the reason why Chief Justice Roberts ruled Obamacare constitutional, but called it a tax. This is why all that Libertarian blather is BULLSHIT. This is how you argue straight to faces that their tired shit is all wet.

We need to cite better references than pseudo-learned wingers. This CANNOT be argued against. And the timeframe with which these occurred puts their lies to the sword. They cannot argue that it once said as they claim. It did not. They cannot claim that we RUINED a perfect scheme. THEY ARE THE ENEMIES OF THE CONSTITUTION. State it clearly. And often. DO NOT ALLOW THEM TO COW YOU.

---------------------------------------------------------------------------------------------------------------------------------
http://en.wikipedia.org/wiki/General_Welfare_clause


The concern of the government for the health, peace, morality, and safety of its citizens.

Providing for the welfare of the general public is a basic goal of government. The preamble to the U.S. Constitution cites promotion of the general welfare as a primary reason for the creation of the Constitution. Promotion of the general welfare is also a stated purpose in state constitutions and statutes. The concept has sparked controversy only as a result of its inclusion in the body of the U.S. Constitution.

http://legal-dictionary.thefreedictionary.com/General+Welfare

----------------------------------------------------------------------------------------------------------------------------

Therefore, the only wiggle room I see for Libertarian types, is that we should NOt issue greater funds to RED STATES.

It violates the part about, "provided that the spending is general in nature and does not favor any specific section of the country over any other." So lets get all BIPARTISAN and agree to rid us of that unconstitutional practice.

Latest Discussions»General Discussion»The General Welfare Claus...