A Quote by Robert Toombs
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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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.
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.
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.
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.
The United States being a limited form of government, one of the restrictions to which it is subject is in regard to its power to levy taxes. The States may levy them for a great many purposes for which Congress cannot, because to the States belong all of the powers not delegated to Congress.
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.
The government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government.
While General Howe with a Large Armament is advancing towards New York, our Congress resolved to Declare the United Colonies free and Independent States. A Declaration for this Purpose, I expect, will this day pass Congress...It is gone so far that we must now be a free independent State, or a Conquered Country.
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.
In the United States we have, in effect, two governments ... We have the duly constituted Government ... Then we have an independent, uncontrolled and uncoordinated government in the Federal Reserve System, operating the money powers which are reserved to Congress by the Constitution.
Those who proposed the Constitution knew, and those who ratified the Constitution also knew that this is...a limited government tied down to specified powers....It was never supposed or suspected that the old Congress could give away the money of the states to encourage agriculture or for any other purpose they pleased.
No power but Congress can declare war; but what is the value of this constitutional provision, if the President of his own authority may make such military movements as must bring on war? ... [T]hese remarks originate purely in a desire to maintain the powers of government as they are established by the Constitution between the different departments, and hope that, whether we have conquests or no conquests, war or no war, peace or no peace, we shall yet preserve, in its integrity and strength, the Constitution of the United States.
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.
First of all, a president of the United States can't unilaterally impose a tariff on another country. It takes an act of Congress, and that would never pass Congress. But that's not the way to fix trade policy, to do unilateral tariffs on other countries.
I, sir, have always conceived - I believe those who proposed the constitution conceived,and it is still more fully known, and more material to observe, those who ratified the constitution conceived, that this is not an indefinite government deriving its powers from the general terms prefixed to the specified powers - but, a limited government tied down to the specified powers, which explain and define the general terms.
I do verily believe that if the principle were to prevail of a common law being in force in the United States (which principle possesses the general government at once of all the powers of the state governments, and reduces us to a single consolidated government), it would become the most corrupt government on the earth.
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