A Quote by Mike Lee
Congress constitutionally lacks general police powers.
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To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
When the President acts, he must do so pursuant to constitutionally enumerated Article II powers or statutory power allocated to him by Congress.
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?.
If Congress can employ money indefinitely to the general welfare... they may appoint teachers in every state... The powers of Congress would subvert the very foundation, the very nature of the limited government established by the people of America.
When we look at how, constitutionally, only Congress can declare war, and that is routinely ignored. Not NATO or the UN, but Congress has to authorize these endless wars, and it isn't.
The true test is, whether the object be of a local character, and local use; or, whether it be of general benefit to the states. If it be purely local, congress cannot constitutionally appropriate money for the object. But, if the benefit be general, it matters not, whether in point of locality it be in one state, or several; whether it be of large, or of small extent.
Historically, there is a presumption that the legitimate police powers of the states are not to be pre-empted by federal law unless Congress has made that purpose clear.
Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.
The other General Welfare Clause is in the first of the authorities given to the Congress and it's not a grant, it's a restriction. By which I mean it doesn't say Congress can legislate for the general welfare, it means that everything Congress must do has to enhance the general welfare of the United States of America. It can't grant things to individuals, it can only legislate for the government.
The framers of our constitution had the sagacity to vest in Congress all implied powers: that is, powers necessary and proper to carry into effect all the delegated powers wherever vested.
The entire political system is contrary to everything a feminine heart stands for. It lacks inclusion. It lacks tenderness toward children. It lacks honor for relationships. It lacks reverence for the earth. It lacks love. And without those things, the feminine psyche disconnects.
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 powers of Congress are totally inadequate to preserve the balance between the respective States, and oblige them to do those things which are essential for their own welfare or for the general good.
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.
When I say, 'I am supporting the police or the army,' I am talking about the army in general and the police in general. In general, those institutions are good institutions.
The instant the Government was organized, at the very first Congress, the Northern States evinced a general desire and purpose to use it for their own benefit, and to pervert its powers for sectional advantage, and they have steadily pursued that policy to this day.
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