Saturday, October 16, 2010

What Is The "General Welfare Clause?"--John Albert Dummett, Jr.

It’s a wonder why this nation has not descended into total and complete anarchy considering that the original form of government we all signed up for only exists in name only and not in actuality.

The Founding Fathers of this nation, in their wisdom knew that an all powerful government would limit the freedoms and liberties of its citizens. As such they carefully decided what powers that the federal government would have over the union of individual States. There are eighteen such powers listed in the United States Constitution that limit the federal government. All other laws not specifically granted to the federal government belong only to the States.

Most people in America today actually think that it is the federal government that has the last word when it comes to the law, but nothing could be further from the truth. Any school aged child should be able to tell you that this nation was originally comprised of thirteen colonies. Each one of these colonies went by their own rules and regulations and had their own charters or Constitutions. Many had their own form or worshiping God as well. When those original colonies grew to the point to where they were able to carry on trade with the other colonies, a standardized method was needed to help conduct business effectively and to promote harmonious feelings between the different colonies.

It became crystal clear to the individual colonies that they needed outside help to facilitate trade between them. As an example of what they faced many toll roads were built, each with their own rules regulations and provisions. Disputes arose between the colonies where these roads intersected and they realized that they needed a central authority that would regulate trade between the colonies reasonably and fairly. When the colonies decided to relinquish some of their sovereignty to foster prosperity between all the colonies, they gave over some very limited powers to the central government. Each colony codified laws and regulations that governed the day to day business of that colony.

By forming a central government that made rules and regulations to carry out commerce between the States, many of the antagonisms between the States were thwarted. These new States however in no way wanted the newly formed federal government to ever exercise complete and total control over the individual colonies. Before any of the colonies would agree to form a nation they made absolutely sure that the central government created to oversee things, such as trade between the States and defense of the States, would never have absolute power to determine the fate of any State. The States gave to the federal government eighteen enumerated powers that were never to be exceeded without a Constitutional Convention.

Many folks today have been conditioned to think that the government in Washington D.C. has the last word when it comes to running this nation. The many generations of Congressmen who hold office in Washington have hoodwinked us to think they get the authority to implement any law they wish and apply it to the States based upon the General Welfare Clause. They dictate, and we blindly accept, that there is nothing in the Constitution that says they can’t exercise any power not granted specifically to it. There are historical documents that explain the General Welfare clause and the limits placed on Congress, but the people we elect don’t feel the rules in any of those documents apply to them. They think the Constitution, which everyone knows places limits on government, gives Congress unlimited powers. Even Thomas Jefferson feared a strong central government when he said "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."

What will dumbfound people is when they examine for them selves the actual powers granted to the Federal government as they are spelled out in the Constitution. One wonders how it could have been so easy to usurp the powers belonging only to the States. The Federal Government continues to usurp the powers of the States to this very day. Now they even stoop to extorting States by denying them federal grants and monies if they do not accept the dictates of the central government.

Here are the 18 powers listed in the Constitution as being granted to the federal government. All other laws not specifically granted to the federal government belong only to the States. The General Welfare clause that the federal government always cites when they exert control over the States, includes the below six items. These were agreed upon in the Constitutional Convention when this nation was formed and were written of in Federalist Paper 41 to pacify the people of New York because they were astute enough to know if you give any strong central government an inch they will take a mile. The six powers of the General Welfare Clause are:
  1. Security against foreign danger.
  2. Regulation of the intercourse with foreign nations.
  3. Maintenance of harmony and proper intercourse among the States.
  4. Certain miscellaneous objects of general utility.
  5. Restraint of the States from certain injurious acts.
  6. Provisions for giving due efficacy to all these powers.
No where in the list does it mention that the Federal Government was to incorporate into our nation’s psyche the idea that there would be huge government welfare programs that would take care of everyone and everything. What we need to do is pound it into every person who is running for public office that the six items mentioned in the General Welfare Clause and the eighteen enumerated powers in the Constitution lets congress know it has limits on what it can and can’t do. If I am elected President of the United States I will beat them over the head with it every day until they get it through their thick skulls and I will not sign any bill into law that is contrary to the powers granted to the federal government.

The specific powers granted to the federal government are defined in Article I, Section 8 of the United States Constitution:
  1. The Congress shall have Power To 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;
  2. To borrow Money on the credit of the United States;
  3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
  4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
  5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
  6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  7. To establish Post Offices and post Roads;
  8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  9. To constitute Tribunals inferior to the Supreme Court;
  10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
  11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
  12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
  13. To provide and maintain a Navy;
  14. To make Rules for the Government and Regulation of the land and naval Forces;
  15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
  16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
  17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
  18. 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.
Please go to my campaign site if you want to see America restored. We do not need change because all we get is a change in faces. We need to restore America to the way it was meant to be instead of what it has become.

John Albert Dummett, Jr.
(785) 783-0554

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