Re: good riddance to bad rubbish
by
trapdoor
07/22/2009, 1:24 PM #
A Dude: Your analysis of the India exercise may be correct, but it isn't according to the article I cited -- do you have additional information I can see?
As for the Constitution, the document is supposed to define the powers the people are allowing the government to have. The government has these enumerated powers and no others. Among the enumerated powers is the power to provide for the common defense -- meaning the government can provide military force that defends the entire country, separate from any state-level militia force.
People get mixed up because in the same sentence that contains the provision for common defense (in Article I, Section 8) appears the power to provide for the general welfare -- but "general welfare" meant that the government had no power to spend funds for something that didn't benefit all, generally, and only benefitted a specific segment of the population.
James Madison wrote this about the words "general welfare" in their two apperances in the Constitution: "With respect to the words general welfare, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." (emphasis added). As Madison was the Constitution's primary author, I think we can accept himi as an authority.
So the power to provide for the common defense DOES authorize the purchase of equipment -- like the F-22 -- making that defense possible. The power to provide for the general welfare does NOT provide the authority to create a program that aids only a small segment of the population. Current polls indicate 80 percent of Americans are happy with their health care -- a plan that benefits the other 20 percent aids that 20 percent, but is not a provision of "general welfare." It is a provision of specific welfare -- which for which the federal government has no authority.
If you think a health care provision will not be challenged via the federal court system in its first year of implementation, I think you're not paying attention.