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A little Jefferson Quote for the 4th
salzo
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I had a long train ride to take today, and I brought a book of Jeffersons letters.
One of the letters was to Washington, and it dealt with a National Bank. Jefferson was opposed to a National bank, and felt it was unconstitutional. One of the arguments made for the National Bank was it was under the "general welfare" clause of the constitution, therefore a National bank would be constitutional.
The "General Welfare" clause is the clause in the constitution that the government uses to justify every unconstitutional action the government creates.
A little tid bit from Jefferson;
In this bit, Jefferson is explaining why the National Bank is not constitutional under the "general welfare" clause.
"To lay taxes to provide for the general welfare of the United States, that is to say, 'to lay taxes forfor the purpose of providing for the general welfare.' For the laying of taxes is the power, and the general welfare is the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please but only to pay the debts or provide for the welfare of the union. In like matter, they are not to do anything they please to provide for the general welfare but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the union, would render all the preceding and subsequent enumerations of power completely useless."(see article1 section 8 of constitution)
It would reduce the whole instrument to a single phrase, that of instituting a congress with power to do whatever would be for the good of the United States;and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil the please.
It is an established rule of construction where a phrase will bear either of two meanings to give it that which will allow some meaning to the other parts of the instrument and not that which will render all others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be carried into effect.
"The powers delegated by the proposed constitution to the federal governmentare few and defined, and will be exercised principally on external objects, as war, peace negotiation, and foreign commerce"
-James Madison
One of the letters was to Washington, and it dealt with a National Bank. Jefferson was opposed to a National bank, and felt it was unconstitutional. One of the arguments made for the National Bank was it was under the "general welfare" clause of the constitution, therefore a National bank would be constitutional.
The "General Welfare" clause is the clause in the constitution that the government uses to justify every unconstitutional action the government creates.
A little tid bit from Jefferson;
In this bit, Jefferson is explaining why the National Bank is not constitutional under the "general welfare" clause.
"To lay taxes to provide for the general welfare of the United States, that is to say, 'to lay taxes forfor the purpose of providing for the general welfare.' For the laying of taxes is the power, and the general welfare is the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please but only to pay the debts or provide for the welfare of the union. In like matter, they are not to do anything they please to provide for the general welfare but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the union, would render all the preceding and subsequent enumerations of power completely useless."(see article1 section 8 of constitution)
It would reduce the whole instrument to a single phrase, that of instituting a congress with power to do whatever would be for the good of the United States;and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil the please.
It is an established rule of construction where a phrase will bear either of two meanings to give it that which will allow some meaning to the other parts of the instrument and not that which will render all others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be carried into effect.
"The powers delegated by the proposed constitution to the federal governmentare few and defined, and will be exercised principally on external objects, as war, peace negotiation, and foreign commerce"
-James Madison
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"The powers delegated by the proposed constitution to the federal governmentare few and defined, and will be exercised principally on external objects, as war, peace negotiation, and foreign commerce"
-James Madison