Quote:
Originally Posted by USF Shark
Constitutions, by definition, restrict governmental power because they dictate what government can and cannot do. We have to understand the intent of those who wrote it in order to understand why it's written the way it is. Understanding that can help us to interpret what the broad clauses mean with respect to which actions the clauses restrict or do not restrict.
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The danger, of course, is that people will pick select quotes from the few founders who agree with their own preferred interpretation of it.
You could, for example, point to something Madison said about the general welfare clause. Because you agree with Madison on the point, you would hold up his opinion as high authority of what the general welfare clause means. I could point to Alexander Hamilton who reads the general welfare clause very broadly. Who wins?
Both guys signed the Constitution as delegates of their states. Does one opinion have weight over the other? How about the opinions of the people at each state's constitutional convention who voted in favor of the Constitution, including its general welfare clause? How much do their opinions count? Do they count more?
We're left with conflicting authority. We're left with a poorly-written sentence. We're left with never knowing with any certainty what it means.
We can know that it has to mean something. Those who want to say it grants no power at all are the ones throwing out the Constitution by trying to ignore a part they do not like. It's pretty clear it grants some power. Congress has the power to provide for the general welfare. Whatever general welfare means, Congress is certainly granted the power to provide for it, so ignoring that is as silly as ignoring the power to tax.