Monday, July 9, 2012

Political History, James Madison on Constitutional Law



Gloucester VA Links and News




Political History, James Madison on Constitutional Law;

What It Means For Today;



Today's modern views and interpretations of the law of the land are as follows;

“Paragraph A; Gives Congress the power to tax and spend for the General welfare.

Under this broad power, Congress can help states improve the health and education of the citizens.
Congress can appropriate money to build roads, dams and do many other things that are good for the nation.

Here is the actual law;

Article I. Section 8.
_________________________________________________________________________________________________________

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;

Present Interpretations;

Under this broad power, Congress can help states improve the health and education of the citizens.
Congress can appropriate money to build roads, dams and do many other things that are good for the nation.

Sounds logical does it not?

Here is what James Madison said; Based on his Veto of the “Bonus Bill”.

“The power to regulate commerce among the several States can not include a power to construct roads and canals, and to improve the navigation of water courses in order to facilitate, promote, and secure such a commerce without a latitude of construction departing from the ordinary import of the terms;

To refer the power in question to the clause,”to provide for the common defense and general welfare”
would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them.”

To appreciate these United States, it is important to know it's past, then view it's present state, and ask questions.


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