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Is there anything the fed government CAN'T do under the general welfare clause?
Posted on 9/25/14 at 11:43 am
Posted on 9/25/14 at 11:43 am
People often cite the general welfare clause to support the federal government's various programs.
But if the clause was meant to be all-encompassing, then it makes the rest of the Constitution invalid.
But if the clause was meant to be all-encompassing, then it makes the rest of the Constitution invalid.
7
Posted on 9/25/14 at 12:49 pm to PrimeTime Money
So far, they haven't been checked very much.
Posted on 9/25/14 at 12:52 pm to PrimeTime Money
The general welfare clause is only applicable insofar it reconciles with the "necessary and proper" and "interstate commerce" clauses of Article 1. It's more frequent for Congress to use the latter two to justify new laws and regulations. Yes, there are limits to that, though they can be ephemeral and tough to apply consistently.
Posted on 9/25/14 at 12:53 pm to GoBigOrange86
quote:
general welfare clause is only applicable insofar it reconciles with the "necessary and proper" and "interstate commerce" clauses of Article 1.
this
Posted on 9/25/14 at 12:54 pm to PrimeTime Money
quote:
Is there anything the fed government CAN'T do under the general welfare clause?
Cut spending or balance the budget.
Posted on 9/25/14 at 12:55 pm to Draconian Sanctions
no, there's nothing the feds can't do under the gwc since we've allowed the fed to do everything in using the gwc ...
Posted on 9/25/14 at 12:55 pm to PrimeTime Money
Secure the border.
Posted on 9/25/14 at 12:56 pm to PrimeTime Money
you're really asking about the ICC, and the answer to that is very limited
Lopez offered an example
the Obamacare case offered an example
Lopez offered an example
the Obamacare case offered an example
Posted on 9/25/14 at 12:56 pm to Draconian Sanctions
quote:
insofar it reconciles with the "necessary and proper"
Can you draw the line as to what is proper and not proper? I'll wait
Posted on 9/25/14 at 12:56 pm to Green Chili Tiger
quote:
Is there anything the fed government CAN'T do under the general welfare clause?
----------------
Cut spending or balance the budget.
Well done!
Posted on 9/25/14 at 12:56 pm to tiderider
quote:
no, there's nothing the feds can't do under the gwc since we've allowed the fed to do everything in using the gwc ...
you don't know what you're talking about
Posted on 9/25/14 at 1:00 pm to goatmilker
quote:
Can you draw the line as to what is proper and not proper? I'll wait
Can I personally? No. I might have my own opinions, but they're irrelevant. What matters is whether it stands up to legal scrutiny. The Court ruled in McCulloch v. Maryland, for example, that creating a national bank was a "necessary and proper" duty given Congress's authority to coin and borrow money.
But the inability to draw a precise line is exactly why the government has gained so much power; it's called the "elastic clause" for a reason.
Posted on 9/25/14 at 1:04 pm to GoBigOrange86
so, in essence, the things fedgov can't due under the general welfare clause are the things fedgov says it can't do.
Posted on 9/25/14 at 1:06 pm to Tiguar
quote:
so, in essence, the things fedgov can't due under the general welfare clause are the things fedgov says it can't do.
In practice they don't use the general welfare clause to justify what they do. They use the interstate commerce and necessary and proper clauses. The general welfare clause is provided in the preamble as a reason for enacting the Constitution, not as an authorization of governmental authority. It comes up again later but is not really read as a grant of lawmaking power. That all derives from later in Article 1.
This post was edited on 9/25/14 at 1:08 pm
Posted on 9/25/14 at 1:10 pm to GoBigOrange86
someone said they use ICC and N&P under the GW umbrella.
when the govt is who decides what N&P is, doesn't seem like a very good tether.
when the govt is who decides what N&P is, doesn't seem like a very good tether.
Posted on 9/25/14 at 1:11 pm to PrimeTime Money
Can't make pot bellied elephants. Because a pig and an elephant DNA just won't splice.
Posted on 9/25/14 at 1:20 pm to Draconian Sanctions
quote:
you don't know what you're talking about
You are correct. The limit is bound by the whim of 5 geriatrics in bath robes.
Posted on 9/25/14 at 1:28 pm to PrimeTime Money
TES............solve any problems they try to fix 
Posted on 9/25/14 at 8:16 pm to GoBigOrange86
quote:So can the interstate commerce clause be cited for just about anything the federal government wants to do?
The general welfare clause is only applicable insofar it reconciles with the "necessary and proper" and "interstate commerce" clauses of Article 1. It's more frequent for Congress to use the latter two to justify new laws and regulations. Yes, there are limits to that, though they can be ephemeral and tough to apply consistently.
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