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Parsing The Constitution

I always thought my public school education from the 50s and 60s was enough to get me by.  Certainly more learned than the folks who deliberately misunderstand the three-fifths compromise and the electoral college. And forget those college professors lecturers who taught communism in Constitution classes! (Who could I mean?)

I have often used the argument of the phrase ‘promote the general welfare’ as an argument against both welfare and enforcement thereof.

Thought I was pretty smart in so doing.

Now, here comes (or rather came) Judge Story’s interpretation regarding ‘the general welfare’.

From long before most of us were born!

“Thus we find in our conclusion that there is no general welfare clause in the Constitution;

that the power of Congress to legislate for every object which in their opinion might be for the benefit of the people, pressed by Mr. Hamilton in the Convention, was six times, directly or indirectly, rejected by that body; and, in spite of that, his followers have sought to con­strue these words as meaning what the authors of the Constitution had six times successively rejected; while Judge Story’s construction lands us in the same morass, a government of unlimited power, though he reaches it by a different road.

These facts show that a large majority of the Com­mittee of Eleven that reported these words to be in­corporated into the first clause of §8 Art. I were strongly opposed to the views of Mr. Hamilton and those of Judge Story that lead to the same end, tho’ by different routes, a government of unlimited pow­ers!”

**************************************************

This speech was delivered before the annual meeting of the Georgia Bar Association at Tybee Island on June 2, 3, and 4, 1927.Mr. PRESIDENT and gentlemen of the Geor­gia Bar Association: I make no apology for presenting to you today as the subject of my address a technical and abstruse question, be cause it involves the foundation stone of our form of Government.

The subject to which I invite your attention may be put in this form, “Judge Story’s position on the so-called General Welfare Clause of the Con­stitution of the United States.”

The words “the general welfare” are to be found in two places in the Constitution—in the preamble thereto and in Article 1, section 8, clause 1. All reputable writers concur in the statement that the words of the preamble to the Constitution consti­tute no grants of power, and therefore our investigation is confined to the words as found in Article 1, section 8, clause 1. which reads,

“The Congress shall have power lo lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States but all duties, imposts, and excises shall be uniform throughout the United States.”

Apparently, lots of wisdom existed before I was born!  😛

courtesy of Free North Carolina
______________________________________________________
(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to www.projectwelcomehometroops.org/#22kill

22 VETERANS COMMIT SUICIDE DAILY

Even ONE of these heroes making this choice is unacceptable! (Day #6 of 22)

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About guffaw1952

I'm a child of the 50's. libertarian, now medically-retired. I've been a certified firearms trainer, a private investigator, and worked for a major credit card company for almost 22 years. I am a proud NRA Life Member. I am a limited-government, free-market capitalist, who believes in the U.S. Constitution and the Rule of Law.

Discussion

2 thoughts on “Parsing The Constitution

  1. When the Progressive movement (a European invention, natch) made its way to our shores in the late 1800s, American leaders should have rejected it utterly. But since it promises wealth, power, and unlimited control to elected officials, they were quickly seduced. And the people who should have known better turned a blind eye.

    Posted by Rev. Paul | June 8, 2016, 10:02 am
  2. +1 on Rev… Now the free cheese crowd is in charge… sigh

    Posted by Old NFO | June 8, 2016, 2:31 pm

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