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  #1 (permalink)  
Old 11-05-2007, 08:23 AM
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Promote The General Welfare

Since the late 19 Century we have had the "Progressive Movement" which has hinged its position on the Constitutional phrase "Promote the general welfare" which appears in the Preamble to the Constitution. It presented the proposition that the US Government could, by simple acts of Congress, do whatever it choose in promoting the general welfare without further specific Constitutional authority.

Of course there is a problem with this in that a preamble is not an authorization for anything. A preamble is "the introductory part of a statute, deed, or the like, stating the reasons and intent of what follows. (dictionary.com). It defines a goal and is not an authorization.

Yes, others will note that the term "general welfare" also appears in Article I Section 8 where it states, "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; but all Duties, Imposts and Excises shall be uniform throughout the United States;" and this authorization is followed by the "enumerated powers" of Congress. While the introduction to Article I Section 8 does authorize Congress to tax in providing for the "general welfare" it does not authorize expendatures for such things as social programs like Social Security. The responsibilities that Congress can spend money are are clearly established by the enumerated powers we, The People, have delegated to Congress in the enumerated powers under Article I Section 8.

Our government, in defiance to the Constitution, has determined that it can do whatever it pleases unless specifically prohibited by the Constitution. The US Supreme Court, a part of the government defined by and under the authority of this same Constitution, has stated that Congress can define virtually anything it chooses as promoting the "general welfare" and has unlimted authority to tax and spend related to it. This defies the very basis of the Constitution which was to define the exact role and responsibility of the federal government.

If, by analogy, we address the very word "promote" it does not imply mandating which is what our government is doing. A person may "promote" a concert, for example, but that does not include the right to make it mandatory for the People to attend.

It is time for We, the People, to start demanding that our government comply with the Constitution. If we want programs such as Social Security then pass a Constitutional amendment to authorize it. If we want a civilian space program (NASA) then pass an amendment to authorize it. If something isn't in the enumerated powers as defined by the Constitution and the people want it then it requires an amendment to authorize congressional action. It is time for the People to once again take control of the nation.
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Old 11-05-2007, 09:47 AM
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Awesome job! What good does it do to have a Constitution at all, if Congress can just do whatever the hell it wants? Constitution was created to limit government control over our lives as you have stated here.
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Old 11-05-2007, 10:19 AM
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I agree. Great post. Though, I don't think that most modern Americans want the responsibility (freedoms) that the founders intended for us.
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Old 11-05-2007, 10:30 AM
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Originally Posted by FRYandBENDER View Post
I agree. Great post. Though, I don't think that most modern Americans want the responsibility (freedoms) that the founders intended for us.
Wow, did you hit the nail on the head!
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Old 11-05-2007, 03:37 PM
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Please let me note that I am for certain Constitutional Amendments that we actually need because of changing times and technology. For example, in the late 1940's we created the US Air Force from the Army Air Corps. While it was a part of the Army the Constitution authorized taxation and expendatures for that service but no where is an Air Force authorized by the current Constitution. The Army is and the Navy (including the Marines under the Navy) but not the Air Force.

I find that those that complain about the Constitution do so for one primary reason:

They don't believe that their "pet project" could gather enough support to ratify a Constitutional amendment.

The would prefer to say "Congress has the authority" when, in fact, in most cases the Constitution has not provided Congress with that authorization (but the Supreme Court, a part of the government the Constitution is intended to control, has).

So, we need new amendments but we have a lack of support in requiring those amendments.
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Old 11-06-2007, 06:29 PM
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Quote:
Originally Posted by Shiva_TD View Post
While the introduction to Article I Section 8 does authorize Congress to tax in providing for the "general welfare" it does not authorize expendatures for such things as social programs like Social Security. The responsibilities that Congress can spend money are are clearly established by the enumerated powers we, The People, have delegated to Congress in the enumerated powers under Article I Section 8.

"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" is not an introduction to Article 1 Sec 8. It is the first of the enumerated powers.

This gives our federal government the power to tax and to spend the money raised by taxes in order to provide for the nation’s defense and general welfare. It does not, however, specify which types of expenditures are permitted.

The article goes on to enumerate other powers, but does not state that any one of these powers reduces or restricts the first one.
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Old 11-06-2007, 06:43 PM
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Quote:
Originally Posted by Shiva_TD View Post
Since the late 19 Century we have had the "Progressive Movement" which has hinged its position on the Constitutional phrase "Promote the general welfare" which appears in the Preamble to the Constitution. It presented the proposition that the US Government could, by simple acts of Congress, do whatever it choose in promoting the general welfare without further specific Constitutional authority.

Of course there is a problem with this in that a preamble is not an authorization for anything. A preamble is "the introductory part of a statute, deed, or the like, stating the reasons and intent of what follows. (dictionary.com). It defines a goal and is not an authorization.

Yes, others will note that the term "general welfare" also appears in Article I Section 8 where it states, "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; but all Duties, Imposts and Excises shall be uniform throughout the United States;" and this authorization is followed by the "enumerated powers" of Congress. While the introduction to Article I Section 8 does authorize Congress to tax in providing for the "general welfare" it does not authorize expendatures for such things as social programs like Social Security. The responsibilities that Congress can spend money are are clearly established by the enumerated powers we, The People, have delegated to Congress in the enumerated powers under Article I Section 8.
If social security would really be unconstitutional, that would be quite interesting. America would certainly be the sole democracy on earth i know of where such a common concept like that is made illegal...

Well but thats your business, if you want to limit the political means on such a fundamental field of politics than do it.
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Old 11-06-2007, 08:07 PM
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Originally Posted by Slartibartfas View Post
If social security would really be unconstitutional, that would be quite interesting. America would certainly be the sole democracy on earth i know of where such a common concept like that is made illegal...

Well but thats your business, if you want to limit the political means on such a fundamental field of politics than do it.
Now I realize that being where your from you are going to expect things like government run retirement et al, but can you at least understand a group of people's reasoning for not wanting the government to get involved in stuff like this?

Back in the day America was the place to be. People all over the world would look at America and say, "Hey, I can go over here and there won't be some rich ass hole telling me what I can and can't do and I'll be able to live my life how I want. I'll be in charge." That America doesn't exist anymore. Some of us have a problem with that.

You obviously think that government should have programs like social security. I understand that and I'm cool with it. But do you think the government should have the right to take money away from people for a program that some people do not want any part of?
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Old 11-07-2007, 02:09 PM
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Originally Posted by FRYandBENDER View Post
Now I realize that being where your from you are going to expect things like government run retirement et al, but can you at least understand a group of people's reasoning for not wanting the government to get involved in stuff like this?
Of course I can understand this, especially regarding those who would have to pay the most in a social system. But others will also do so because of a different mentality. Thats their good right, and I don't oppose it. I dont have to live in your country so you can handle your domestic politics as you like as long as it does not effect foreign countries in a bad way. How or if you handle social security in your country definitely belongs to those sorts of domestic politics. So do as you think its best for you, I won't try to convert Americans into social democrats. Why should I?

Quote:
Back in the day America was the place to be. People all over the world would look at America and say, "Hey, I can go over here and there won't be some rich ass hole telling me what I can and can't do and I'll be able to live my life how I want. I'll be in charge." That America doesn't exist anymore. Some of us have a problem with that.
This view of the US is not predominant where I live anymore. Actually its more like the opposite, people believe that America is even more dominated by its rich than Europe already is. (And to be honest I share that opinion) The US still has its advantages though, mostly in the sector of scientific research, but in the predominant view here also the huge perceived disadvantages should not be ignored.

I know a couple in the US where he is an Austrian (for 9 years living now in the US) and she is American who lived in Europe for two years or so. They said to me if they would move away from their current home (which they have already thought about), it will be not to another US state but to Europe.

They might not be representative, but it shows that the days where Europeans left their continent in masses to go to the "land of the free" are gone.

The strongest argument remaining for Europeans to go to the US as I said is the scientific one. We really have to do something for catching up and closing that academic gap. This has however relatively little to do with the issues in this thread.


Quote:
You obviously think that government should have programs like social security. I understand that and I'm cool with it.
Yes I do, and I think that even most conservative voters in Europe do so as well. There is mostly a difference in the details and how tight the net should be between left and right.

Quote:
But do you think the government should have the right to take money away from people for a program that some people do not want any part of?
There will always be people who do not like to be part of it. And not just regarding this issue, you will find hardly any political issue where no one will be against it. Thats why we have a democracy, and thats my way of choice to decide in this question. Let the democracy work. Thats btw how it also works in the US. If only those would take part in what they like, not too many people in the US would pay much taxes at all I guess...
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Old 11-08-2007, 07:50 AM
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Originally Posted by Slartibartfas View Post
There will always be people who do not like to be part of it. And not just regarding this issue, you will find hardly any political issue where no one will be against it. Thats why we have a democracy, and thats my way of choice to decide in this question. Let the democracy work. Thats btw how it also works in the US. If only those would take part in what they like, not too many people in the US would pay much taxes at all I guess...
Well it is one thing to pay taxes, and quite another to have money automatically taken out of your paycheck, then being taxed when you make a purchase, and then being taxed for the land you own, and then being taxed to drive a car, to go fishing, to go hunting, when you receive money from investments, etc. etc. etc. It isn't that I don't agree with paying taxes, its that I don't agree with paying as much as we do in taxes and having the government fuck it all away. Arguing for social security would go a whole lot better if social security wasn't broken.
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Neither am I the means to any end others may wish to accomplish. I am not a tool for their use. I am not a servant of their needs. I am not a bandage for their wounds. I am not a sacrifice on their altars. ... I owe nothing to my brothers, nor do I gather debts from them. I ask no one to live for me, nor do I live for others. I covet no mans soul, nor is my soul theirs to covet.

Ayn Rand, Anthem.
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