What about the general welfare?

Recently I posted a note about the Enumerated Powers act and my wish that it would be passed by Congress. The intent of this act would require "… that all bills introduced in the U.S. Congress include a statement setting forth the specific constitutional authority under which the law is being enacted. This measure will force a continual re-examination of the role of the national government, and will fundamentally alter the ever-expanding reach of the federal government."

A liberal friend mentioned that Congress can pass healthcare for example because of the general welfare statement in the US Constitution. Well recall that the "general welfare" statement is part of the preamble to the Constitution. I quote:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

So as I read this, the Constitution (not Congress or the Presidency) was established (in part) to promote the general welfare. Now Section 8 of the Constitution states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;" so those on the Left say "ah ha" there you go. Well not so fast…

The indispensable Patriot Post covered this in their 20 November 2009 digest found here. A few quotes from a few Founding Fathers (drawn from the 20 November 2009 Patriot Post Digest) will serve to clarify the "general welfare" phrase:

James Madison, primary author of the Constitution, vehemently disagreed, writing, "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, subject to particular exceptions."

Thomas Jefferson likewise stated that if Congress could "do anything they please to provide for the general welfare ... [i]t would reduce the whole instrument [the Constitution] to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please." For the simpletons in Congress, Jefferson concluded, "Certainly no such universal power was meant to be given them."

(Thanks again to the Patriot Post – online at http://patriotpost.us/)

Congress is limited in its powers period. There is no constitutational power for Congress to say mandate all citizens have to buy health insurance just like there is no power for Congress to mandate we all need to wear potato sacks to work. Wake up America! Hold Congress accountable.

OS