posted on Nov, 10 2009 @ 03:12 PM
No, there is nothing Constitutional about this proposed legilsation, and therefore, by its very nature is completely illegal!
Some will attempt to use the "General Welfare" statement found in the Preamble as the justification. However, the Preamble is neither declaratory
law, a part of of the Bill of Rights or an article of the Constitution. It is merely an introduction to the declaratory law which follows it. That
being said, the founding fathers did not intend for the use of the word "Welfare" in the context it is used today.
I posted this in another thread and am pasting here for convenience...
As far as what the Federal government is responsible for... The 10th Ammendment states, "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Did you happen to notice the part that
specifies that the Federal Government is ONLY permitted power over that which is stated in the Constitution?
Let's look at what powers the Constitution grants the Federal Government... This is enumerated under Article 1, Section 8 which states:
"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;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
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;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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;
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
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."
As you can see, the above SPECIFICALLY outlines Congressional authority. That which is NOT mentioned belongs to the states or its peoples,
respectively. But let's get back to that pesky word in the Preamble, "Welfare."
So, what then does the "General Welfare" in the Constitution describe? The founding fathers intended that "General Welfare" be understood as the
"Collective good" benefiting equally the states united. This means that the Federal Government would conduct itself in a way, limited by it's
authority written into the Constitution, to ensure that those rights of individuals outlined in Article 1, Sections 8 and 9 and Article 3, Section 3
and throughout the Bill of Rights never be infringed or usurped - either by the States OR the Federal Government.
To such end, the founding fathers created the Bill of Rights which specifically enumerate those rights to which the persons of the states united would
be entitled to receive from the Federal Government. They are as follows:
1st Amendment: Freedom of (or from) religion. Freedom of speech. Freedom to assemble. Freedom to petition the government.
2nd Amendment: Right to bear arms.
3rd Amendment: Freedom from quartering soldiers.
4th Amendment: Freedom from unreasonable searches and seizures. Warrants must only be issued upon probable cause, and shall be specific.
5th Amendment: Criminal indictments must be by grand jury. Freedom from double jeopardy. Freedom from testifying against oneself. Right to face
accusers. Right to due process. Right of just compensation for takings.
6th Amendment: Right to speedy trial. Right to impartial jury. Right to be informed of the charges upon which the accused is held. Right to face
accusers. Right to produce witnesses for the accused. Right to legal counsel.
7th Amendment: Right to jury trial in civil cases. Facts found by a jury cannot be reexamined by another court.
8th Amendment: Freedom from excessive bail or fines. Freedom from cruel or unusual punishment.
9th Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The preceeding are the RIGHTS GUARANTEED by the Federal Government to its citizens. Again, I challenge you to provide me with the statement that
includes healthcare! The 9th Ammendment, on it's own, signifies that those rights not implied by the first 9 Ammendments to the Constitution, better
known as The Bill of Rights, be retained by the people. In other words, you have no entitlements from the Federal Government other than what is
written in the Bill of Rights and no expectation of anything not specifically outlined int he Constitution!
We can debate, ad nauseum, the benefits of these social programs. But what we cannot debate is the Constituional authority granted the Federal
Government to create, implement, manage, mandate or apply by force any law not specifically granted to it by the Constitution. In other words,
individuals could not be compelled by the Federal Government to participate in social welfare programs. Those were left specifically to the states,
whose own Constitutions usually prohibited such infringement upon personal rights. As a result, churches and local community organizations typically
provided social welfare programs for the members of its own community who were in need of such on a VOLUNTARY basis.
So, what happened!?!? How did we end up here!?!?
Well, through the slippery slope of political correctness and political aspirations. You see, from the evidence and analysis provided above, that
Congress has over-stepped its authority countless thousands of times over the past century. The lawyers who have served as politicians have played
the part of "WordSmith" and distorted the intentions of our founding documents by literally usurping its authority through its own language. Allow
me to present an example... The right of Congress to levy and collect taxes - read what it was intended for and what it has become.
The slow creep of authoritarianism, greed, thirst for power, etc... has led our legislators to declare allegience to their own political aspirations
first, their corporate financiers second, their party third and their constituents last, if ever - and only when it suits the first three
Some parting thoughts... A frog thrust into a boiling pot jumps out, however a frog placed into a tepid pot allows the temperature to be raised ever
so slowly that it boils to death without realizing it.
And finally... “When the people find they can vote themselves money, that will herald the end of the republic.” – Fall Of The Republic