Re: Why the Health-Care Bills Are Unconstitutional

[M. Johnson]

HATCH, BLACKWELL AND KLUKOWSKI
   Some have argued that Congress may pass any legislation that
   it believes will serve the "general welfare." Those words appear
   in Article I of the Constitution, but they do not create a free-floating
   power for Congress simply to go forth and legislate well.
MJ
Correct.

HATCH, BLACKWELL AND KLUKOWSKI
   Rather, the general welfare clause identifies the purpose for which
   Congress may spend money.
MJ
Huh?
The general Welfare clause identifies the purpose for which Congress
may TAX.  The term 'spend' appears nowhere in the Constitution.

As Jefferson clarifies:

   "To lay taxes to provide for the general welfare of the United
   States;" that is to say, "to lay taxes for the purpose of providing
   for the general welfare;" for the laying of taxes is the power, and
   the general welfare the purpose for which the power is to be exercised.
   Congress 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 manner, they are not to do any thing 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. 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 they
   pleased. It is an established rule of construction, where a phrase
   will hear 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 the 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. It is known that the very power
   now proposed as a means, was rejected as an end by the Convention which
   formed the Constitution.


Regard$,
--MJ

"Money cannot be applied to the General Welfare, otherwise
than by an application of it to some particular measure
conducive to the General Welfare. Whenever, therefore,
money has been raised by the General Authority, and is to
be applied to a particular measure, a question arises whether
the particular measure be within the enumerated authorities
vested in Congress. If it be, the money requisite for it
may be applied to it; if it be not, no such application
can be made." -- James Madison