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June 13, 2013 · By Bob Ellis · 15 Comments
Article 1 Section 8 from Page 2 of the U.S. Constitution
I have written numerous times about numerous statements made by James Madison (and other founders) which indicate that our federal constitution is a “limited government” constitution that restricts the federal government from acting ONLY on subjects specifically authorized by Article 1 Section 8 of the U.S. Constitution. They understood that “Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master”, and that limits on government were necessary to preserve our hard-won freedom.
If the fact that they bothered to enumerate a list of powers at all (as opposed to simply stating that congress can do whatever it wants) should be clear enough that ours is a limited government constitution, but the Tenth Amendment should remove all doubt:
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.
But since some constitutionally contemptuous people insist on unconstitutionally granting far more power to the federal government than the founders intended, it is good to have voluminous and overwhelming proof for the hard of head and hard of heart.
Thanks to today’s broadcast of Wallbuilders Live, I have another weapon in my arsenal of freedom. It is a statement by James Madison in congress on February 7, 1792 on the Cod Fishery Bill which sought powers not granted to the federal government under Article 1 Section 8. In that statement, Madison said, in part:
…I, sir, have always conceived — I believe those who proposed the Constitution conceived — it is still more fully known, and more material to observe, that those who ratified the Constitution conceived — that this is not an indefinite government, deriving its powers from the general terms prefixed to the specified powers — but a limited government, tied down to the specified powers, which explain and define the general terms…
…it was always considered clear and certain that the old Congress was limited to the enumerated powers, and that the enumeration limited and explained the general terms…
…If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may undertake the regulation of all roads other than post roads. In short, every thing, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.
The language held in various discussions of this house is a proof that the doctrine in question was never entertained by this body. Arguments, wherever the subject would permit, have constantly been drawn from the peculiar nature of this government, as limited to certain enumerated powers, instead of extending, like other governments, to all cases not particularly excepted…
…were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited government established by the people of America…
It would seem to be a more than reasonable conclusion that since Madison was one of those who proposed (and helped write) the Constitution, he would have a pretty good “conception” of what was in the mind of the founders, don’t you think?
I would encourage you to read the entire speech, since there are several more statements by the acknowledged “Father of the Constitution” which even further point to the fact that the “General Welfare Clause” was never intended to override or supersede the enumerated powers of Article 1 Section 8.
Sadly, it is obvious from the list of things Madison cited which would be unconstitutional (federal funding and regulation of education (can you say “Common Core”?), taking over regulation of all roads, etc.) have been allowed in the years since FDR drove a knife into the heart of the Constitution with his socialist initiatives. But just because certain irresponsible parties jerked the steering wheel toward the edge of a cliff is no excuse for those who know better to sit there and do nothing. Grab that wheel and point it back in the right direction, my fellow Americans!
For further reading, I would also recommend Federalist No. 45 by Madison and Federalist No. 81 by Alexander Hamilton.
If you want to maintain your liberties, take the time to understand what they are…and be able to recognize when someone is trying to cheat you out of them.
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