Comments on: Soldier Explains the Constitution to Sen. McCaskill – Plus: Senator Snowe Speaks on Health Care Reform http://www.behindbluelines.com/2009/07/29/soldier-explains-the-constitution-to-sen-mccaskill-plus-senator-snowe-speaks-on-health-care-reform/?utm_source=subscriber&utm_medium=rss&utm_campaign=rss Samizdat from the Blue Northeast Mon, 15 Mar 2010 15:45:05 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: admin http://www.behindbluelines.com/2009/07/29/soldier-explains-the-constitution-to-sen-mccaskill-plus-senator-snowe-speaks-on-health-care-reform/comment-page-1/#comment-632 admin Mon, 10 Aug 2009 23:25:34 +0000 http://www.behindbluelines.com/?p=6742#comment-632 Your comment is a good one and worthy of serious discussion because there have been differing interpretations of the "spending clause" from the very beginning. Hamilton, for instance, took an expansive position (i.e. Congress could do just about anything it wanted) with the restrictive interpretations of Madison and Jefferson (that the clause only applied to the enumerated powers in the rest of section 8). It's safe to say, however, that before the Civil War, use of the clause was reasonably limited in that "general welfare" really did mean "general" (James Monroe's position) - applying to all the people of the US. It's only when we reach the New Deal era and the <em>Butler</em> decision that we see the USSC essentially adopting Monroe's position. Justice Reynolds did state that while the power to tax was not unlimited, the meaning of the spending clause was to be found in the clause itself and not in the rest of the enumerated powers in section 8. I suppose another way to view the clause in the context of the health care debate is to ask whether appropriation of one-seventh of the economy falls within the power to "lay and collect taxes". Thanks for your comment, which raises important questions. Your comment is a good one and worthy of serious discussion because there have been differing interpretations of the “spending clause” from the very beginning. Hamilton, for instance, took an expansive position (i.e. Congress could do just about anything it wanted) with the restrictive interpretations of Madison and Jefferson (that the clause only applied to the enumerated powers in the rest of section 8). It’s safe to say, however, that before the Civil War, use of the clause was reasonably limited in that “general welfare” really did mean “general” (James Monroe’s position) – applying to all the people of the US. It’s only when we reach the New Deal era and the Butler decision that we see the USSC essentially adopting Monroe’s position. Justice Reynolds did state that while the power to tax was not unlimited, the meaning of the spending clause was to be found in the clause itself and not in the rest of the enumerated powers in section 8.

I suppose another way to view the clause in the context of the health care debate is to ask whether appropriation of one-seventh of the economy falls within the power to “lay and collect taxes”.

Thanks for your comment, which raises important questions.

]]> By: M Greene http://www.behindbluelines.com/2009/07/29/soldier-explains-the-constitution-to-sen-mccaskill-plus-senator-snowe-speaks-on-health-care-reform/comment-page-1/#comment-630 M Greene Mon, 10 Aug 2009 18:11:23 +0000 http://www.behindbluelines.com/?p=6742#comment-630 Hmm... "Get" the Constitution, I wonder if he "gets" this part. Section 8 - Powers of Congress 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 I wonder what the Founding Fathers may have meant by "general welfare? Probably had nothing to do with health, sorry to waste your time. Hmm… “Get” the Constitution, I wonder if he “gets” this part.

Section 8 – Powers of Congress

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

I wonder what the Founding Fathers may have meant by “general welfare? Probably had nothing to do with health, sorry to waste your time.

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