Thursday, January 6, 2011

Restore The Preeminence Of The Constitution In Lawmaking

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Three Garrett Amendments to House Resolution #5

Q & A

Question #1: Why are neither the “general welfare,” nor the “necessary and proper” clauses sufficient Constitutional citations?

Answer #1: The Founding Fathers made it clear that each of these clauses was connected to the powers defined in Article I. Sec. 8, Paragraphs 2-18:

1. General Welfare Clause

· “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.” –James Madison, in a letter from 1831

· “It may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated.” – Alexander Hamilton in The Federalist No. 33

2. Necessary and Proper Clause

· The words “necessary and proper” [are] “for carrying into execution the foregoing powers.” –James Wilson, the Pennsylvanian who proposed this clause at the Constitutional Convention

Question #2: What if a Member wanted to introduce legislation that would cut federal spending for an unconstitutional government program?

Answer #2: If a Member wishes to introduce a bill that limits federal power, he or she could cite either the 9th or 10th Amendment.

1. The 9th Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

2. The 10th Amendment: “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.”

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