A Quote by Ed Crane
Article I, Section 8, of the Constitution, of course, lays out the delegated, enumerated, and therefore limited powers of Congress. Only through a deliberate misreading of the general welfare and commerce clauses of the Constitution has the federal government been allowed to overreach its authority and extend its tendrils into every corner of civil society.
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In explaining the Constitution, James Madison, the acknowledged father of the Constitution, wrote in Federalist Paper 45: 'The powers delegated by the proposed Constitution to the Federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peach, negotiation, and foreign commerce.' Has the Constitution been amended to permit Congress to tax, spend and regulate as it pleases or have Americans said, 'To hell with the Constitution'?
The real reason to abolish departments like Energy and Education is not to promote efficiency, nor even to save taxpayers’ money. It is that many agencies perform functions that are not Federal responsibility. The founders delegated to the Government only strictly defined authority in Article I, Section 8, of the Constitution. Search the entire Constitution, and you will find no authorization for Congress to subsidize the arts, finance and regulate education or invest tax revenues in energy research.
But did the Founding Fathers ever intend for the federal government to involve itself in education, health care or retirement benefits? The answer, quite clearly, is no. The Constitution, in Article I, Section 8 - which contains the general welfare clause - seeks to restrain federal government, not expand it.
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which 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 in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State.
If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything-and the Federal Government is no longer one of limited and enumerated powers.
The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.
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.
The Constitution, in addition to delegating certain enumerated powers to Congress, places whole areas outside the reach of Congress' regulatory authority. The First Amendment, for example, is fittingly celebrated for preventing Congress from "prohibiting the free exercise" of religion or "abridging the freedom of speech." The Second Amendment similarly appears to contain an express limitation on the government's authority.
Until the 1930s, the Constitution served as a major constraint on federal economic interventionism. The government's powers were understood to be just as the framers intended: few and explicitly enumerated in our founding document and its amendments. Search the Constitution as long as you like, and you will find no specific authority conveyed for the government to spend money on global-warming research, urban mass transit, food stamps, unemployment insurance, Medicaid, or countless other items in the stimulus package and, even without it, in the regular federal budget.
The tenth amendment said the federal government is supposed to only have powers that were explicitly given in the Constitution. I think the federal government's gone way beyond that. The Constitution never said that you could have a Federal Reserve that would have $2.8 trillion in assets. We've gotten out of control.
[T]he bill exceeds the rightful authority to which governments are limited by the essential distinction between civil and religious functions, and violates in particular the article of the Constitution of the United States which declares that Congress shall make no law respecting a religious establishment.... This particular church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration.
We start with first principles. The Constitution creates a Federal Government of enumerated powers.
I consider the government of the United States as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the United States. Certainly, no power to prescribe any religious exercise or to assume authority in any religious discipline has been delegated to the General Government. It must then rest with the States.
Thomas Jefferson explained, Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated. .. If Congress can determine what constitutes the general welfare and can appropriate money for its advancement, where is the limitation to carrying into execution whatever can be effected by money?.
Our tenet ever was . . . that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated; and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action.
I consider it…as subverting the fundamental and characteristic principle of the Government…and as bidding defiance to the sense in which the Constitution is known to have been proposed, advocated, and adopted. 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.
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