The Evil Boehner and Cantor (and Most of the Other Republicans)

What limited powers and “general welfare” meant to founding fathers

Dang Congress Critters! The only part of the constitution they pay attention to are the words “to provide for the…general welfare,” and they don’t even know what it means. You may want to send this to yours:

Limited vs. Universal Powers
“I say… to the opinion of those who consider the grant of the treaty-making power as boundless: If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives.” –Thomas Jefferson to Wilson Nicholas, 1803. ME 10:419

“The construction applied… to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defence and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to [the General Government’s] power by the Constitution… Words meant by the instrument to be subsidiary only to the execution of limited powers ought not to be construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument.” –Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:385

“To lay taxes to provide for the general welfare of the United States, that is to say, “to lay taxes for the purpose of providing for the general welfare.” For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union.” –Thomas Jefferson: Opinion on National Bank, 1791. ME 3:147

“Aided by a little sophistry on the words “general welfare,” [the federal branch claim] a right to do not only the acts to effect that which are specifically enumerated and permitted, but whatsoever they shall think or pretend will be for the general welfare.” –Thomas Jefferson to William Branch Giles, 1825. ME 16:147

“They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please… Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers and those without which, as means, these powers could not be carried into effect.” –Thomas Jefferson: Opinion on National Bank, 1791. ME 3:148

“It is an established rule of construction where a phrase will bear either of two meanings, to give it that which will allow some meaning to the other parts of the instrument, and not that which would render all the others useless.” –Thomas Jefferson: Opinion on National Bank, 1791. ME 3:148

“The general rule, in the construction of instruments, [is] to leave no words merely useless, for which any rational meaning can be found.” –Thomas Jefferson: Opinion on the Tonnage Payable, 1791. ME 3:290

“For authority to apply the surplus [of taxes] to objects of improvement, an amendment of the Constitution would have been necessary.” –Thomas Jefferson to John W. Eppes, 1813. ME 13:354

“[If] it [were] assumed that the general government has a right to exercise all powers which may be for the ‘general welfare,’ that [would include] all the legitimate powers of government, since no government has a legitimate right to do what is not for the welfare of the governed.” –Thomas Jefferson to George Washington, 1792. ME 8:397

“Our tenet ever was… that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money.” –Thomas Jefferson to Albert Gallatin, 1817. ME 15:133

“Congress are authorized to defend the nation. Ships are necessary for defence; copper is necessary for ships; mines necessary for copper; a company necessary to work mines; and who can doubt this reasoning who has ever played at ‘This is the House that Jack built?’ Under such a process of filiation of necessities the sweeping clause makes clean work.” –Thomas Jefferson to Edward Livingston, 1800. ME 10:165

“If, wherever the Constitution assumes a single power out of many which belong to the same subject, we should consider it as assuming the whole, it would vest the General Government with a mass of powers never contemplated. On the contrary, the assumption of particular powers seems an exclusion of all not assumed.” –Thomas Jefferson to Joseph C. Cabell, 1814. ME 14:83

“I hope our courts will never countenance the sweeping pretensions which have been set up under the words ‘general defence and public welfare.’ These words only express the motives which induced the Convention to give to the ordinary legislature certain specified powers which they enumerate, and which they thought might be trusted to the ordinary legislature, and not to give them the unspecified also; or why any specification? They could not be so awkward in language as to mean, as we say, ‘all and some.’ And should this construction prevail, all limits to the federal government are done away.” –Thomas Jefferson to Spencer Roane, 1815. ME 14:350

“This phrase,… by a mere grammatical quibble, has countenanced the General Government in a claim of universal power. For in the phrase, ‘to lay taxes, to pay the debts and provide for the general welfare,’ it is a mere question of syntax, whether the two last infinitives are governed by the first or are distinct and coordinate powers; a question unequivocally decided by the exact definition of powers immediately following.” –Thomas Jefferson to Albert Gallatin, 1817. ME 15:133

“Although the power to regulate commerce does not give a power to build piers, wharves, open ports, clear the beds of rivers, dig canals, build warehouses, build manufacturing machines, set up manufactories, cultivate the earth, to all of which the power would go if it went to the first, yet a power to provide and maintain a navy is a power to provide receptacles for it, and places to cover and preserve it.” –Thomas Jefferson to Albert Gallatin, 1802. ME 10:337

“While we pursue, then, the construction of the Legislature, that the repairing and erecting lighthouses, beacons, buoys, and piers, is authorized as belonging to the regulation of commerce, we must take care not to go ahead of them and strain the meaning of the terms still further to the clearing out the channels of all the rivers, etc., of the United States. The removing a sunken vessel is not the repairing of a pier.” –Thomas Jefferson to Albert Gallatin, 1803. ME 10:379

“I suppose an amendment to the Constitution, by consent of the States, necessary [for certain objects of public improvement], because the objects now recommended are not among those enumerated in the Constitution, and to which it permits the public moneys to be applied.” –Thomas Jefferson: 6th Annual Message, 1806. ME 3:424

“The interests of commerce place the principal object [i.e., a western exploring expedition] within the constitutional powers and care of Congress, and that it should incidentally advance the geographical knowledge of our own continent, can not but be an additional gratification.” –Thomas Jefferson: Confidential Message on Western Exploration, 1803. ME 3:493

“http://etext.virginia.edu/jefferson/quotations/jeff1020.htm”

“I am for doing good to the poor, but…I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it. I observed…that the more public provisions were made for the poor, the less they provided for themselves, and of course became poorer. And, on the contrary, the less was done for them, the more they did for themselves, and became richer.” –Benjamin Franklin
“http://www.founding.com/founders_library/pageID.2146/default.asp”

“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
“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 constitutents.” – James Madison, regarding an appropriations bill for French refugees, 1794
“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, Letter to James Robertson, April 20, 1831 _Madison_ 1865, IV, pages 171-172
“Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.” – Thomas Jefferson

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