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The founders were hesitant to form a national government because they did not wish to replace one tyrant with another. Therefore, the necessity and form of a federal government was hotly debated in the colonies for years by some of the very best minds this nation has ever known. It was finally conceded that a national government was necessary, to perform a few of the tasks that the individual states could not accomplish separately. To ensure that the national government would never grow beyond those few enumerated duties and powers, the founders peppered the founding documents with limitations, assuring the states and the public that the federal government would never become the voracious monster it has in fact become. Specifically, the Ninth and Tenth Amendments to the Constitution, th...
During the ensuing eight years, the annual number of earmarks rose from around 3,000 to over 14.000.7 Because of strong congressional incentives toward special interest spending, a mere change in party control is unlikely to bring a lasting cure.8 Moreover, since 1936, when the Supreme Court converted the Taxation Clause of Article I, section 8 into an omnibus Taxing-and-Spending Clause,9 the Court invariably has deferred to congressional determination that spending programs, no matter how narrowly targeted or remote from enumerated purposes, somehow provide for . . . the general Welfare of the United States.
Far too many congressmen underestimate the political ramifications of passing a health care bill that may be unconstitutional. Far too few of them seem to understand why Obamacare's constitutionality is seriously in doubt. Consider the special Medicaid deal the Senate bill provided for Nebraska in order to buy the vote of Ben Nelson, that state's senior senator. At least 13 state attorneys general last week announced plans to challenge the provision, which effectively would exempt Nebraska from paying for Medicaid expansions that the other 49 states must finance. Democrats should not scoff at this threat. The provision is patently unfair to the other 49 states. Worse, it seems to run afoul of Article I, Section 8, which gives Congress the power to "provide for the .. general welfare of ...
Those who say that any government role in health care is unconstitutional are wrong. The founders gave Congress the power to "lay and collect taxes ... to provide for the general welfare of the United States." What did the word "welfare" mean to them? The best indicator of that is Webster's 1828 Dictionary, which defines "welfare" as "exemption from misfortune, sickness, calamity or evil; the enjoyment of health. Interestingly, when the founders used the term "welfare," good health is what they meant!
Children enrolled in S-CHIP need stable health care, not partisan squabbling or failed compromises The preamble of the U.S. Constitution reads, "We the People of the United States, in Order to form a more perfect Union... promote the general Welfare...
...The General Welfare Clause 2. The Commerce Clause II. THEORY OF THE GE..., Congress lacked the power to protect the states from military warfare waged by foreigners and from... act collectively, and the Framers of the United States Constitution concluded that the states cann...
In response to Richard Nielsen (Readers' Forum, Sept. 22) who responded to Breck England in "Definition of welfare" (Readers' Forum Sept. 19), may I suggest that the "welfare" England referred to was the " of the United States" as a whole country, not for the welfare of the individuals within those states. As Madison stated in Federalist Paper No. 45, "The powers delegated by the proposed Constitution to the federal government are few and defined. Those that are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce; ... The powers reserved to the several states will extend to all the objects which, ... concern the lives, liberties and properties of the p...
... other things, it directs the Attorney General to inform the States where the federal prisoner ... rights, to spend funds for the general welfare, to establish federal courts, to establish post of...
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