AV8,
Sometime back for a brief moment, we discussed the general welfare clause and for whatever reason the subject was dropped. However, I wanted to bring up the Necessary and Proper" clause of Art. 1, Sec. 8, clause 18 which reads as follows:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
You and I would read that and the terms "foregoing powers" would refer back to the previous delegated powers granted to Congress in Art. 1, sec. 8 but that changed in 1819' when the Supreme Court ruled in McCulloch v. Maryland in which Maryland was attempting to tax the earlier created 2nd National Bank
(Hamilton's Curse LOL!). (So much for the 9th and 10th amendments too) Our view (you and I) would be "here, here only and no further" but SCOTUS didn't see language construction in the same light as ourselves. LAWYERS! GEESHE!
Anti-Federalist proven correct again!
The McCulloch case gave us 2 foundational principles that have guided Congress and Washington DC ever since.
- The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
- State action may not impede valid constitutional exercises of power by the Federal government.
This is just food for thought when considering the general welfare clause and where IMO all one needs to do is figure a way to argue the existence of implied powers in regards to implementing expressd powers. Also if you look at the legislative history of say acts like social security, you'll see earlier direct efforts of legislation overturned by SCOTUS but the later efforts are re-attempted written either to circumvent earlier problems or using the power of treaty supremacy to enforce legislative authority and standing. In point, I'm implying on certain levels that Congress in effect is using nefarious ways and means to pass legislation rather than the tired, true and proper way of honesty and transparency via an informed pubic.
In the case of Social Security, see the earlier Alton Railroad case and then compare a couple of years later with the Seward Machine and Helvering cases where Social Security was upheld. In Alton Railroad, SCOTUS told Congress they had no authority to set up retirement accounts for citizens working for the railroad and under the authority of interstate commerce, another highly abused clause, but after revamping they came back with a pure excise/income tax that funds would go into the general treasury. It was in fact a direct tax enabled by the 16th amendment, thank you very much! It's also why the legal authority of SS is found in Title 26, Internal Revenue Code under Chapters 31 and 35. Remember part of tax is excise tax on employer and the other an income tax on employee. Congress has implied powers of direct taxation even before the 16th amendment and hopefully a Fed Reserve audit will explode the myth that the gov't needs the income tax to fund itself but that's another thread.
Then social security became just another funded program where funds are allocated from the general treasury. Yeah in a technical sense, SS is pure welfare. Why did they not, if it was true and above board, not explain to the American people, change the Constitution accordingly and then set up a true trust fund system that isolates all monies collected and it's just possible the mess of social security today might not be as bad if at all. Or was something else at work here? Again, a Federal Reserve audit just might reveal things not previously known or understood.
I still don't believe in this role for gov't but at least it's more honest and transparent and I've yet to see those who advocate this role of gov't really demand and hold feet to the fire with principle of our elected leaders when they advocate such expanding roles of gov't. If this were the case and we had such out of gov't, a lot of my arguements against gov't might become mute. Sunshine makes for a good disinfectant on so many levels.
Again, just some food for thought and nothing more concerning the discussion on the general welfare clause.
Here's a 2002' piece written for Mises by Gary Galles, professor of economics, Pepperdine University entitled,
Taxes and the General Welfare which also gives food for thought.
c ya!