AMERICAN CONSERVATISM IN 2008 AND BEYOND

In particular, the federal government is currently violating the Constitution by bailing out private banks and manufacturers, and by loaning money to private citizens.

http://www.archives.gov/exhibits/charters/constitution_transcript.html
The Constitution of the United States of America
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Article I.
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Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises,
To pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
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Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
The Bill of Rights
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Amendment X
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.

http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html
Amendments XI-XXVII
To the US Constitution
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Article I.
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Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises,
To pay the debts and provide for the common defense and general welfare of the United States;

The founders were quite conscious of the danger of corruption whenever such might become the case and until FDR, every president has understood that.

So you are arguing that the United States is NOT the people?

Foxfyre wrote:

The founders were quite conscious of the danger of corruption whenever such might become the case and until FDR,
every president has understood that.

Sure.. there was no corruption prior to FDR.

Maybe you should take a US history class Fox. Your statement doesn't make any sense.

FDR certainly was not for corruption.

1. Exemption from misfortune, sickness, calamity or evil; the enjoyment of health and the common blessings of life; prosperity; happiness; applied to persons.

2. Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government; applied to states.

http://en.wikipedia.org/wiki/Unemployment

Year Unemployment (% labor force)
1933 24.9
1934 21.7
1935 20.1
1936 16.9
1937 14.3
1938 19.0
1939 17.2
1940 14.6
1941 9.9
1942 4.7
1943 1.9
1944 1.2
1945 1.9

http://economistsview.typepad.com/economistsview/2007/01/the_new_deal_an.html
January 10, 2007
The New Deal and the Great Depression
Rates of Unemployment
1929 -- 3.2% Hoover era begins, March
1930 -- 8.7%
1931 -- 15.9%
1932 -- 23.6%
1933 -- 24.9% (20.9%) Roosevelt era begins, March
1934 -- 21.7% (16.2%)
1935 -- 20.1% (14.4%)
1936 -- 16.9% (10.0%)
1937 -- 14.3% ( 9.2%) Recession begins, May
1938 -- 19.0% (12.5%) Recession ends, June
1939 -- 17.2% (11.3%)
1940 -- 14.6%
1941 -- 9.9%
Numbers in brackets correct for employment in New Deal programs.

Even a cursory review of history however reveals how President after President resisted temptation to use the public treasury for humanitarian purposes as each in turn could find no constitutional authority to do so.

And I don't see how U.S. vs Butler is applicable to the issue of government charity;

Foxfyre wrote:

Even a cursory review of history however reveals how President after President resisted temptation to use the public treasury for humanitarian purposes as each in turn could find no constitutional authority to do so.

Can you show me your basis for believing that the presidents' hands were tied by their understanding of the constitution -- as opposed to them just not looking very hard for a constitutional basis?

September 13, 2006)

Each year since 2004, on Sept. 17, we commemorate the 1787 signing of the U.S. Constitution by 39 American statesmen. The legislation creating Constitution Day was fathered by Sen. Robert Byrd and requires federal agencies and federally funded schools, including universities, to have some kind of educational program on the Constitution.

I cannot think of a piece of legislation that makes greater mockery of the Constitution, or a more constitutionally odious person to father it -- Sen. Byrd, a person who is known as, and proudly wears the label, "King of Pork." The only reason that Constitution Day hasn't become a laughingstock is because most Americans are totally ignorant of, or have contempt for, the letter and spirit of our Constitution.

Let's examine just a few statements by the framers to see just how much faith and allegiance today's Americans give to the U.S.

Constitution. James Madison is the acknowledged father of the Constitution.

In 1794, when Congress appropriated $15,000 for relief for French refugees who fled from insurrection in San Domingo (now Haiti) to Baltimore and Philadelphia, James Madison said disapprovingly, "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

Today, at least two-thirds of a $2.5 trillion federal budget is spent on "objects of benevolence." That includes Medicare, Medicaid, Social Security, aid to higher education, farm and business subsidies, welfare, etc., ad nauseam.

James Madison's vision was later expressed by Rep. William Giles of Virginia, who condemned a relief measure for fire victims. Giles insisted that it was neither the purpose nor a right of Congress to "attend to what generosity and humanity require, but to what the Constitution and their duty require."

Some presidents had similar constitutional respect. In 1854, President Franklin Pierce vetoed a bill to help the mentally ill, saying, "I cannot find any authority in the Constitution for public charity," adding that to approve the measure "would be contrary to the letter and the spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded."

President Grover Cleveland vetoed many congressional appropriations, often saying there was no constitutional authority for such an appropriation. Vetoing a bill for relief charity, President Cleveland said, "I can find no warrant for such an appropriation in the Constitution, and I do not believe that the power and duty of the General Government ought to be extended to the relief of individual suffering which is in no manner properly related to the public service or benefit."

Constitutionally ignorant people might argue that the Constitution's "general welfare" clause justifies today's actions by Congress. Here's what James Madison said: "If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions." Thomas Jefferson echoed, in a letter to Pennsylvania Rep. Albert Gallatin, "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."

James Madison explained the constitutional limits on federal power in Federalist Paper No. 45: "The powers delegated by the proposed Constitution to the federal government are few and defined . . . [to] be exercised principally on external objects, as war, peace, negotiation, and foreign commerce."

Here are my questions to you: Has our Constitution been amended to authorize federal spending on "objects of benevolence"? Or, is it plain and simple constitutional contempt by Congress, the president, the courts and, worst of all, the American people? Or, am I being overly pessimistic and it's simply a matter of constitutional ignorance?
http://www.capmag.com/article.asp?ID=4785

Foxfyre wrote:

And I don't see how U.S. vs Butler is applicable to the issue of government charity;

US v. Butler is applicable because it endorses Alexander Hamilton's expansive interpretation of the constitution's welfare clause: Congress has an unlimited power to tax, and to spend the taxes on whatever it thinks will promote the general welfare of the United States.

A Question has been made concerning the Constitutional right of the Government of the United States to apply this species of encouragement, but there is certainly no good foundation for such a question. The National Legislature has express authority "To lay and Collect taxes, duties, imposts and excises, to pay the debts and provide for the Common defence and general welfare" with no other qualifications than that "all duties, imposts and excises, shall be uniform throughout the United states, that no capitation or other direct tax shall be laid unless in proportion to numbers ascertained by a census or enumeration taken on the principles prescribed in the Constitution, and that "no tax or duty shall be laid on articles exported from any state." These three qualifications excepted, the power to raise money is plenary, and indefinite; and the objects to which it may be appropriated are no less comprehensive, than the payment of the public debts and the providing for the common defence and "general Welfare." The terms "general Welfare" were doubtless intended to signify more than was expressed or imported in those which Preceded; otherwise numerous exigencies incident to the affairs of a Nation would have been left without a provision. The phrase is as comprehensive as any that could have been used; because it was not fit that the constitutional authority of the Union, to appropriate its revenues shou'd have been restricted within narrower limits than the "General Welfare" and because this necessarily embraces a vast variety of particulars, which are susceptible neither of specification nor of definition.

It is therefore of necessity left to the discretion of the National Legislature, to pronounce, upon the objects, which concern the general Welfare, and for which under that description, an appropriation of money is requisite and proper.