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November 06, 2009
Madison versus Hoyer (with sources!)
From Veeshir (who has left so many helpful comments here that I treat an email from him like a homework assignment), my attention was directed to a perfect -- perfectly dreadful that is -- example of the contempt some of our highest elected officials have for the Constitution: James O'Connor, Burris's communications director, later told CNSNews.com that although the word "health" does not appear anywhere in the Constitution, the senator was referring to the Preamble of the Constitution which says the following:The Preamble to the Constitution is introductory in nature, and has nothing to do with defining the limited powers which are granted to the federal government. While promoting the general welfare is a purpose, as is securing the blessings of liberty, the way these things are intended to be accomplished is by ensuring limitations on government which the Constitution spells out. But don't trust me. Here's what constitutional author James Madison had to say: 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. (James Madison, Letter to Edmund Pendleton, January 21, 1792 Madison 1865, I, page 546)If anything can be done in the name of "promoting the General Welfare," then why bother enumerating the powers of the federal government? And why stress the government's limitations in the Ninth and Tenth Amendments? As Walter Williams pointed out not long ago, Madison later added this: "With respect to the two 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."Ditto, Thomas Jefferson: "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated." Opined Veeshir, I know it's just Burris now, but it'll spread.Veeshir also linked this atrocity from Steny Hoyer [Hoyer] added that Congress has "broad authority" to force Americans to purchase other things as well, so long as it was trying to promote "the general welfare."How do people like Hoyer get and stay elected? The man is simply wrong, wrong, wrong. And not just wrong, he's shockingly wrong. Either the man has no idea what the Constitution or federalism means or else he's a demagogue. Quite incidentally, in the course of looking up Madison quotes, I found another very specific warning from Madison, quoted by a reliable commenter to an Ed Morrissey post: "If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress.... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America."While that purports to be a quote from Federalist #41, the words do not appear in the text of Federalist 41 that the commenter linked and claimed to be quoting! Nor could I find it in this version of Federalist 41. That does not mean that Madison didn't say it, though; only that it doesn't appear to be where it's proponents say it is. Sorry if I sound like a crank, but here's the problem. I loved reading the above purported quote from Madison, and I'd love nothing more than to be able to cite it, as it sounds as if it was specifically written to rebut the noxious position of Steny Hoyer. I hate to be a spoilsport, but if I am unable to find it at the source* provided, I really can't cite it in good faith. This should not be a game of stuffing words in your favorite founder's mouth and then citing them because you like them. Yet the above is all over the Internet, attributed to Federalist 41. Or else simply quoted without a source, as it is here. That prompted this very reasonable comment: Where is this quote from? When did he say/where did he write this?To which the "Editor, Liberty Quotes" replies, Madison is referring to a bill to subsidize cod fisherman introduced in the first year of the new CongressOK, so now it's a quote about a cod fishing bounty. But that's not Federalist 41. Instead, the quote is said to be taken from a book by Thomas James Norton, and the book is quoted here and here. That wasn't quite not quite good enough for me, because I was already burned by the Federalist 41 citation, so I looked further. Finally, I found the entire quote -- in the text of a House debate "On the Cod Fishery Bill, granting Bounties." Anyway, it's not Federalist 41, but I'm delighted to help do my part to save it from the fate of unsourced or badly sourced quotes. Why would anyone need to that, when what Madison did say in Federalist 41 is more than adequate to rebut Steny Hoyer? It has been urged and echoed, that the 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," amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.It's been a bit of a chore, but the bottom line is that Steny Hoyer stands refuted. By constitutional author James Madison. (Not that a little thing like being refuted would matter to someone like that, but still...) * By the way, it's always a good idea to beware of unsourced Madison quotes, of which there are many floating about. The general rule has long been that the burden is on whoever does the quoting to come up with a verifiable source. Repetition on the Internet is not proof of anything. posted by Eric on 11.06.09 at 12:15 PM
Comments
Veeshir is one of my favorite sources for quotes. Veeshir - 73s to you if you are a lady And if you are a guy - warmest regards M. Simon · November 6, 2009 01:15 PM "The first authentic use of 73 is in the publication The National Telegraphic Review and Operators' Guide, first published in April 1857. At that time, 73 meant "My love to you"! M. Simon · November 6, 2009 01:17 PM Watch out for fake Jefferson quotes too. And you can quote me on that. @Simon - you're such a romantic. Donna B. · November 7, 2009 04:42 AM And don't forget the fake Limbaugh quotes! http://maaadddog.wordpress.com/2009/03/04/quotation-attributed-to-rush-limbaugh-is-a-damnable-lie/ Eric Scheie · November 7, 2009 11:07 AM Sorry, I was in Vegas for the weekend, I didn't even think the word "Internet" for 3 days. For some hilarity do a search for "Stuff Jefferson said", at the "minx.cc" comments page.
It was started, as I recall, on a thread about how Jefferson said "Dissent is the highest form of patriotism". Veeshir · November 10, 2009 09:35 AM Thanks for the kind words, I appreciate it. I'm a guy Simon, a typical, overweight white guy to make things worse. Donna, you got it right, do a search for -"Stuff Jefferson Said" ace- It started when leftists were claiming Jefferson said, "Dissent is the highest form of patriotism". My contribution? "A man can neither support a monarchy nor the Cowboys". That was in the 5th edition. Veeshir · November 10, 2009 07:17 PM |
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I thought that the expansion of federal power has rested on the commerce clause and the necessary and proper clause.