Re: does the tenth ammendment say federal powers must be explicitly or expressly give
Question: When confronted by the indisputable facts, what excuse do those in Washington use to justify actions that factually exceed enumerated constitutional limits? Answer: They hide behind that ubiquitous General Welfare Clause. And what is the General Welfare Clause?
Article 1, Section 8 of our Constitution: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”
Now we’ve argued about the definition of this for over 200 years in the courts, in the congress and on the streets and you can reference almost any opinion you like because most will seek out the interpretation that justifies their action. Given the difference of opinion over the years, whose opinion really counts? Whose view is definitive? Speaking as a simple solider, I’d say it would be the folks that wrote the original document even more so than the subsequent courts that bastardized it.
What did the Founders really mean? After all, they’re the ones that can actually answer questions first hand concerning original meaning/intent and not be speculative or twisted politically by the passage of time wouldn’t you think?
OK, let’s see what they had to say and put this question to rest. Let’s ask James Madison, the Father of the Constitution, Thomas Jefferson and Alexander Hamilton. Could they possibly shed any light on this?
“With respect to the two words ‘general welfare,’ I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” – James Madison in letter to James Robertson
“[Congressional jurisdiction of power] is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.” – James Madison, Federalist 14
“The powers delegated by the proposed Constitution to the federal government are few and defined . . . to be exercised principally on external objects, as war, peace, negotiation, and foreign commerce.” – James Madison, Federalist 45
“If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.” – James Madison, 1792
“The Constitution allows only the means which are ‘necessary,’ not those which are merely ‘convenient,’ for effecting the enumerated powers. If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated powers, and reduce the whole to one power, as before observed” – Thomas Jefferson, 1791
“Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.” – Thomas Jefferson, 1798
There you have it. James Madison, the Constitution’s author and Thomas Jefferson the author of the Declaration of Independence, specifically say that Congressional powers are to be limited and defined – unlike most modern interpretations!
Admittedly, Jefferson and Madison were not our only Founders. These two were strict constitutionalists who feared the potential strength of any government. So let’s look at another Founder’s opinion—Alexander Hamilton who historically saw it in a somewhat looser vain.
“This specification of particulars [the 18 enumerated powers of Article I, Section 8] evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd as well as useless if a general authority was intended.” – Alexander Hamilton, Federalist 83
Hamilton uncategorically states that all congressional powers are enumerated and that the very existence of these enumerations alone makes any belief that Congress has full and general legislative power to act as it desires nonsensical. If such broad congressional power had been the original intent, the constitutionally specified powers would have been worthless. In other words, why even enumerate any powers at all if the General Welfare clause could trump them?
“No legislative act … contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.” – Alexander Hamilton, Federalist 78
In short, Hamilton tells us that since the powers of Congress are enumerated and limit Congress to those powers, any assumed authority outside those specified that don’t have a direct relation to those explicit powers must be contrary to the Constitution and therefore — unconstitutional.
From the proverbial horses mouths to your own eyes — the all-encompassing General Welfare Clause is not as all encompassing as our current “leaders” would have us believe. In no way does that one phrase grant unlimited power to the Federal government rather it pertains only to those enumerated powers that can and ought to be applied universally and in general to the several states.
