Article I, Section 8

[cawacko]

For you constitutionalists what do you think of this guy's argument? (I found it in the comment section of an SF Chronicle article on Ron Paul)


Here are some clauses in Article I, Section 8 that Tea Party goof-balls should acquaint themselves with:

Article I, Section 8, Clause 1 (General Welfare Clause):
" 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."

Article I, Section 8, Clause 3 (Commerce Clause):
"The Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Article I, Section 8, Clause 18 (Necessary and Proper Clause):
The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Anyone who reads these and continues to maintain that the powers of the federal government granted by the constitution are not up for debate is a fraud.

Ergo, the entire Tea Party movement is based on intellectual fraud.

 

[SmarterthanYou]

this clown is going off of recent supreme court cases which basically give congress the power to do anything it wants. He's a typical lefty statist who wants total federal power.

 

[Cancel 2018. 3]

For you constitutionalists what do you think of this guy's argument? (I found it in the comment section of an SF Chronicle article on Ron Paul)


Here are some clauses in Article I, Section 8 that Tea Party goof-balls should acquaint themselves with:

Article I, Section 8, Clause 1 (General Welfare Clause):
" 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."

Article I, Section 8, Clause 3 (Commerce Clause):
"The Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Article I, Section 8, Clause 18 (Necessary and Proper Clause):
The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Anyone who reads these and continues to maintain that the powers of the federal government granted by the constitution are not up for debate is a fraud.

Ergo, the entire Tea Party movement is based on intellectual fraud.

the argument is flawed in a major way. the person assumes definitions of phrases or words are universal and sacrosanct. "general welfare" has never been officially defined. scotus has attempted to define the phrase, however, it has stopped short of actually defining the true meaning of the words. even if we assume scotus has defined the phrase, to claim that the phrase or power is no longer up for debate, is pure ignorance as we know scotus has overruled itself, thus showing that nothing is ever "not up for debate".

further, congress can amend the constitution and define the phrase.