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RE: The "General Welfare" clause - 11/5/2010 6:34:25 AM   
DMFParadox


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quote:

ORIGINAL: Real0ne
I expect there will be changes for the better if this country survives that long.


I agree. I've been really impressed with the changes in our education system, up and down the line. Better schools, better classroom procedures, better books, better standards - not higher, better standards - and the way Bill Gates is throwing money at the problem, I'm just... is that a tear? No. It's just some speck in my eye.

In that area, at least, the future looks bright. Of course, with all the other problems they'll have, they'll need that education...


_____________________________

bloody hell, get me some aspirin and a whiskey straight

"The role of gender in society is the most complicated thing I’ve ever spent a lot of time learning about, and I’ve spent a lot of time learning about quantum mechanics." - Randall Munroe

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RE: The "General Welfare" clause - 11/5/2010 6:37:29 AM   
tazzygirl


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quote:

ORIGINAL: thishereboi

quote:

But i want you to come forward in time and explain to me how, when we have SS, Medicare, Medicaid, Libraries and the link all funded by the government, and considered needed for the general welfare of the american people... and yet helath care isnt?


I was always under the impression that medicare and medicaid were developed to provide health care for those who needed it and could not afford it. They help in the general welfare of the elderly and the poor.


Note: this is not to imply that I think they are doing a good job with medicare or medicaid. I don't, and the thought that these same idiots may one day be running a system that covers everyone in the country as opposed to just the elderly and poor, scares the fuck out of me.



Medicare is available to the elderly, regardless of income.

Medicaid...

In general, you should apply for Medicaid if you have limited income and resources. You must match one of the descriptions below. (Even if you are not sure whether you qualify, if you or someone in your family needs health care, you should apply for Medicaid and have a qualified caseworker in your state evaluate your situation.)

Pregnant Women

Apply for Medicaid if you think you are pregnant. You may be eligible if you are married or single. If you are on Medicaid when your child is born, both you and your child will be covered.

Children and Teenagers

Apply for Medicaid if you are the parent or guardian of a child who is 18 years old or younger and your family's income is limited, or if your child is sick enough to need nursing home care, but could stay home with good quality care at home. If you are a teenager living on your own, the state may allow you to apply for Medicaid on your own behalf or any adult may apply for you. Many states also cover children up to age 21.

Person who is Aged, Blind, and/or Disabled

Apply if you are aged (65 years old or older), blind, or disabled and have limited income and resources. Apply if you are terminally ill and want to get hospice services. Apply if you are aged, blind, or disabled; live in a nursing home; and have limited income and resources. Apply if you are aged, blind, or disabled and need nursing home care, but can stay at home with special community care services. Apply if you are eligible for Medicare and have limited income and resources.

Other Situations

Apply if you are leaving welfare and need health coverage. Apply if you are a family with children under age 18 and have limited income and resources. (You do not need to be receiving a welfare check.) Apply if you have very high medical bills, which you cannot pay (and you are pregnant, under age 18 or over age 65, blind, or disabled).

http://www.cms.gov/MedicaidEligibility/02_AreYouEligible_.asp

I dont qualify under any of those events. Many people believe Medicaid is for the poor. Its far more restrictive than that.

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RE: The "General Welfare" clause - 11/5/2010 6:52:28 AM   
Real0ne


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quote:

ORIGINAL: tazzygirl

quote:

ORIGINAL: Real0ne


you are joking right?

would you prefer I post the continental congress or th earticles of confederation which not quite as good explains the same thing or do you think that it meaning changed in a few months to ohaha care?

In other words "ORIGINAL" intent




I dont believe original intent has anything to do with what we are talking about.

You always seem to get a hard on when discussing the Constitution as you feel it was originally intended. Hey, its your kink. I respect that.

But i want you to come forward in time and explain to me how, when we have SS, Medicare, Medicaid, Libraries and the like all funded by the government, and considered needed for the general welfare of the american people... and yet health care isnt?

I dont mean the HC Law... i mean health care.



Well you are using a flawed construction.  The welfare clause has nothing to do with welfare as it is being used today.

I posted this:


quote:

ORIGINAL: Real0ne

Constitution of Pennsylvania - September 28, 1776

WHEREAS all government ought to be instituted and supported for the security and protection of the community as such, and to enable the individuals who compose it to enjoy their natural rights,

in consideration of protection only,

AND WHEREAS it is absolutely necessary for the welfare and safety of the inhabitants of said colonies,



because the constitution is a document of organic law, and words have meanings.

Those meanings have intent.

Gay today is not gay 200 years ago.

Dictionaries tend to reflect and emphasize common usage rather than linguistic accuracy.

The intent of the welfare clause was for protection from attack....such as indians foreigners whatever by anything or anyone who would infringe (trespass) on the liberties of the people.


The proof beyond a shadow of a doubt for any reasonable person can be seen in the several documents of the time that use the term.

Just like the word gay has been bastardized to mean what it does today the "welfare clause" has also been bastardized to insure "popular" support for the private contracts of public services used to circumvent your rights and the constitution.

As long as popular support stands meaning the BULK of the people are none the wiser that by signing up for or by accepting these programs they are contracting BY THEIR CONSENT to pay  TAXES, meaning anything they put on the tax bill (90% of the crap you will never use in 10 lifetimes), and prevents those who do not want to pay taxes for all that crap from getting out of the scheme and fraud because the only way the system can be changed is by popular opinion.

Popular opinion can only be changed by education.

There is no need to tax anyone in this modern computer age when we all can be invoiced for services used rather than one bulk taxation and let the money talk the way it was intended rather than the legislature talking for you as it is done now.

Its all about power and control of YOU.  Though your lack of knowledge of contract law.

Just remember americans drive on the opposite side of the law and the word feudal in america is spelled freedom.  Very easily provable by black ink on white paper with a little research of the legal system.

Today contract law, adhesion clauses, and government trusts, are all used to strip the liberties of the people.

I can also prove that government has construed "Americans" to be the enemy of state.  (but only to those who do not live in a cocoon.)






_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

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RE: The "General Welfare" clause - 11/5/2010 6:54:43 AM   
mnottertail


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and welfare today is not welfare 200 years ago.

you destroy your argument by anything you do.

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Profile   Post #: 64
RE: The "General Welfare" clause - 11/5/2010 6:55:01 AM   
tazzygirl


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I agree gay today is not gay of yesterday. Nor did the Constitution take into account the ability to fly, the use or nuclear power, teh aging of a generation of baby boomers, nor the capacity to send men/women into space.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Real0ne)
Profile   Post #: 65
RE: The "General Welfare" clause - 11/5/2010 7:01:28 AM   
Real0ne


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I think gates did a major push for all the old legal books that are being put up on google and elsewhere.

I have been working to get many of the old records scanned as well and digitized.

People are sucking this stuff up like sponges and its fueling a much better understanding that there are no protections anymore, just like during the revolutionary war when they were abandoned by the king.

No protections of course in law means that you technically are no longer a citizen.  In those days people had the sense to understand that, today all to often people are lucky if they can spell their name and comprehend the what the buttons do on their nintendo.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to DMFParadox)
Profile   Post #: 66
RE: The "General Welfare" clause - 11/5/2010 7:05:56 AM   
thompsonx


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quote:

yes scrap it all.
but not before scrapping the government sanctioned corporations that are attached to the regulations that create the requirements and the something for nothing bone head attitude of this insurance laden society.
insuance by tax always costs 2wice to many times more than direct invoice but getting rid of one without getting rid of the controlling regulations which is how things are done will only shift it to another label as they have and continue to do.


Just how would you do this?

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RE: The "General Welfare" clause - 11/5/2010 7:09:15 AM   
Real0ne


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quote:

ORIGINAL: tazzygirl

I agree gay today is not gay of yesterday. Nor did the Constitution take into account the ability to fly, the use or nuclear power, teh aging of a generation of baby boomers, nor the capacity to send men/women into space.



another misconstruction though.

law and flying are entirely different.

The constitution is about law.


You can make an argument about arms and right to bear however they knew precisely what they were saying, meaning that is the government had nukes the people also had a right to have nukes to defend themselves from the tyranny of government.

misconceptions regardless of the reason is why we are in such a terminal condition that we find ourselves.

Still very bright people out here cannot grasp that monetary system is designed (as in changed) to fail and strip wealth of the country and transfer it to pick any number of ....arcy's or ocracy's with implementation of the vast isms arsenal.

I prefer not to get caught up in the generational and traditional errors of the times.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to tazzygirl)
Profile   Post #: 68
RE: The "General Welfare" clause - 11/5/2010 7:12:26 AM   
Real0ne


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Joined: 10/25/2004
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quote:

ORIGINAL: mnottertail

and welfare today is not welfare 200 years ago.

you destroy your argument by anything you do.


leave to ron to shoot himself in the foot, prove my point and claim I am wrong.

you are always good for a laugh man


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
Profile   Post #: 69
RE: The "General Welfare" clause - 11/5/2010 7:21:17 AM   
Real0ne


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Joined: 10/25/2004
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quote:

ORIGINAL: thompsonx

quote:

yes scrap it all.
but not before scrapping the government sanctioned corporations that are attached to the regulations that create the requirements and the something for nothing bone head attitude of this insurance laden society.
insuance by tax always costs 2wice to many times more than direct invoice but getting rid of one without getting rid of the controlling regulations which is how things are done will only shift it to another label as they have and continue to do.


Just how would you do this?


Now that is another story isnt it?

that is a circular argument because you cannot get rid of it as long as people keep using it.

So they need to collect taxes to support those they OWE not only from the users but from new people to pay for people already in the system.

Combine that with the continual failure of the monetary system by the constant "DEVALUATION" of the money and retirement savings (401k etc) that forces people to BEG for relief of the services offered because the same amount of money today buys ONLY 1/2 of what it did in 2000.

The whole system is structured to rape those who use it and force those who do not consent to use those services at the end of the barrel of the government gun.

Its RICO at its best.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to thompsonx)
Profile   Post #: 70
RE: The "General Welfare" clause - 11/5/2010 7:26:57 AM   
mnottertail


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quote:

ORIGINAL: Real0ne

quote:

ORIGINAL: mnottertail

and welfare today is not welfare 200 years ago.

you destroy your argument by anything you do.


leave to ron to shoot himself in the foot, prove my point and claim I am wrong.

you are always good for a laugh man



welfare comes from the Old Norse word velfaro, which predates the english language by many hundreds of years and meant precisely the same then as it does today, and will in the future.  Much as when I refer to you as an idiot, I am using Black's Law definition:

One who does not understand the law, and is ever unlikely to do so.

So, major failure for you there, as always.

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: The "General Welfare" clause - 11/5/2010 7:37:16 AM   
Real0ne


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very good now look up the word intent


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
Profile   Post #: 72
RE: The "General Welfare" clause - 11/5/2010 7:41:19 AM   
mnottertail


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Three men of science ride the train still in Scotland from Glasgow to London.

The first man, an astronomer seeing a sheep out the window exclaims, "Look, all the
sheep in Scotland are black!"

The second, a mathematician, sipping his ice cold Jameson adjures, "There is one
sheep in Scotland that is known to be black."

The third, a physicist, puffs rapidly upon his pipe, exhaling; and with a deep sigh
intones, "There exists in Scotland at least one sheep, of which one side appears to be
black, when viewed from a moving train, from some distance."

Like the astronomer, your head is in the stars, unfortunately your feet are standing firmly in sheepshit.

You look it up, I know what it means, you obviously have no idea.  Don't try moving the arguement as always to cover over the fact that you are absolutely wrong and have no validity to your argument.

< Message edited by mnottertail -- 11/5/2010 7:43:05 AM >


_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: The "General Welfare" clause - 11/5/2010 7:47:42 AM   
Real0ne


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wake up and smell the coffee


quote:

ORIGINAL: Real0ne

Constitution of Pennsylvania - September 28, 1776

WHEREAS all government ought to be instituted and supported for the security and protection of the community as such, and to enable the individuals who compose it to enjoy their natural rights,

in consideration of protection only,

AND WHEREAS it is absolutely necessary for the welfare and safety of the inhabitants of said colonies,



intent ron

it means what was the intention of the use of the words.

it did not mean putting you in a cocoon in the matrix and supplying your every need from cradle to grave.

like I said this is easily provable to any "reasonable" person.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
Profile   Post #: 74
RE: The "General Welfare" clause - 11/5/2010 7:52:05 AM   
thompsonx


Posts: 23322
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quote:

ORIGINAL: Real0ne

quote:

ORIGINAL: thompsonx

quote:

yes scrap it all.
but not before scrapping the government sanctioned corporations that are attached to the regulations that create the requirements and the something for nothing bone head attitude of this insurance laden society.
insuance by tax always costs 2wice to many times more than direct invoice but getting rid of one without getting rid of the controlling regulations which is how things are done will only shift it to another label as they have and continue to do.


Just how would you do this?


Now that is another story isnt it?

that is a circular argument because you cannot get rid of it as long as people keep using it.

So they need to collect taxes to support those they OWE not only from the users but from new people to pay for people already in the system.

Combine that with the continual failure of the monetary system by the constant "DEVALUATION" of the money and retirement savings (401k etc) that forces people to BEG for relief of the services offered because the same amount of money today buys ONLY 1/2 of what it did in 2000.

The whole system is structured to rape those who use it and force those who do not consent to use those services at the end of the barrel of the government gun.

Its RICO at its best.




Let me see if I understand you.
You do not like the existing system.
You have no idea how to fix the existing system.
Would that be a fair characterization of your position?


(in reply to Real0ne)
Profile   Post #: 75
RE: The "General Welfare" clause - 11/5/2010 8:02:30 AM   
mnottertail


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The constitution of Pennsylvania, first of all has no bearing on the United States Constitution, and the fact that the word welfare is used without the explication of intent, AND the unforgiving use of the  word [color=#cc0000 size=6]and (in this case, clearly meaning something very akin to additionally)
[color=#cc0000 size=6] 
in the case of its being used conjunctively, as a noun, or even in its idiomatic sense, it appears as though you have not studied and understood the meaning and intent of three letter words yet, so you should perhaps not delve into words of 4 letters yet, and you are certainly not ready to apprehend the meanings of multisyllabic words.   
[color=#cc0000 size=3] 
 
Back to pounding your pud, as it were.
[color=#cc0000 size=6] 

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


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Profile   Post #: 76
RE: The "General Welfare" clause - 11/5/2010 8:06:32 AM   
tazzygirl


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Joined: 10/12/2007
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quote:

the OP wasnt to bad of an interpretation considering it cane from wiki but this what it really means;


First, the OP didnt come from wiki... try again.

What wiki does say is as follows...

The two primary authors of the The Federalist essays set forth two separate, conflicting interpretations:

James Madison advocated for the ratification of the Constitution in The Federalist and at the Virginia ratifying convention upon a narrow construction of the clause, asserting that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax.[9][10]
Alexander Hamilton, only after the Constitution had been ratified, argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[11]
While Hamilton's view prevailed during the administrations of Presidents Washington and Adams, historians argue that his view of the General Welfare Clause was repudiated in the election of 1800, and helped establish the primacy of the Democratic-Republican Party for the subsequent 24 years.[12]

Prior to 1936, the United States Supreme Court had imposed a narrow interpretation on the Clause, as demonstrated by the holding in Bailey v. Drexel Furniture Co.,[13] in which a tax on child labor was an impermissible attempt to regulate commerce beyond that Court's equally narrow interpretation of the Commerce Clause. This narrow view was later overturned in United States v. Butler. There, the Court agreed with Associate Justice Joseph Story's construction in Story's 1833 Commentaries on the Constitution of the United States. Story had concluded that the General Welfare Clause was not a general grant of legislative power, but also dismissed Madison's narrow construction requiring its use be dependent upon the other enumerated powers. Consequently, the Supreme Court held the power to tax and spend is an independent power and that the General Welfare Clause gives Congress power it might not derive anywhere else. However, the Court did limit the power to spending for matters affecting only the national welfare.

Shortly after Butler, in Helvering v. Davis,[14] the Supreme Court interpreted the clause even more expansively, conferring upon Congress a plenary power to impose taxes and to spend money for the general welfare subject almost entirely to its own discretion. Even more recently, the Court has included the power to indirectly coerce the states into adopting national standards by threatening to withhold federal funds in South Dakota v. Dole.[15] To date, the Hamiltonian view of the General Welfare Clause predominates in case law.

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

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Real0ne)
Profile   Post #: 77
RE: The "General Welfare" clause - 11/5/2010 8:09:42 AM   
Real0ne


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read for comprehension ron

quote:

ORIGINAL: Real0ne


you are joking right?

would you prefer I post the continental congress or th earticles of confederation which not quite as good explains the same thing or do you think that it meaning changed in a few months to ohaha care?

In other words "ORIGINAL" intent




_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
Profile   Post #: 78
RE: The "General Welfare" clause - 11/5/2010 8:37:09 AM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline
quote:

ORIGINAL: tazzygirl

quote:

the OP wasnt to bad of an interpretation considering it cane from wiki but this what it really means;


First, the OP didnt come from wiki... try again.

What wiki does say is as follows...

The two primary authors of the The Federalist essays set forth two separate, conflicting interpretations:

Lets not forget the antifederalists and the farmers and several others that opposed the federalists since the federalists were after all the next best thing to the monarchy....


James Madison advocated for the ratification of the Constitution in The Federalist and at the Virginia ratifying convention upon a narrow construction of the clause, asserting that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, (same thing originally) or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax.[9][10]

A qualifying statement is not a power to tax....in other words only LAW grants the "LEGITIMATE" power to tax.


Alexander Hamilton, only after the Constitution had been ratified, argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently <--- (outside the constitutional limitations or oversight of the people something one would expect from a traitor to the constitution)  to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[11]

arguing on the qualifier rather than the LETTER of the law?  Exectly what I would expect from an attorney.  Not to mention AH and GW were both monarchists to the core.

While Hamilton's view prevailed during the administrations of Presidents Washington (speak of the devel eh? LOL)  and Adams, historians argue that his view of the General Welfare Clause was repudiated in the election of 1800, and helped establish the primacy of the Democratic-Republican Party for the subsequent 24 years.[12]

Democratic = group-think 51% to 49% dictatorship
Republican = Individual liberties and the rights of the individual

ORIGINALLY!


Prior to 1936, the United States Supreme Court had imposed a narrow interpretation on the Clause, as demonstrated by the holding in Bailey v. Drexel Furniture Co.,[13] in which a tax on child labor was an impermissible attempt to regulate commerce beyond that Court's equally narrow interpretation of the Commerce Clause. This narrow view was later overturned in United States v. Butler. There, the Court agreed with Associate Justice Joseph Story's construction in Story's 1833 Commentaries on the Constitution of the United States. Story had concluded that the General Welfare Clause was NOT a general grant of legislative power, but also dismissed Madison's narrow construction requiring its use be dependent upon the other enumerated powers.

That must be an error as ALL powers are dependent on ENUMERATED powers unless he had access to information I am not privy too. 

If they are not dependent on enumerated powers then you have NO rights at all and they have INFINITE POWER.


Consequently, the Supreme Court held the power to tax and spend is an independent power  (that means "EXTRACONSTITUTIONAL" which means beyond that authorized by the constitution which proves beyond a shadow of a doubt that the US is operating according to PRIVATE contract for PUBLIC USE rather than the LAW OF THE LAND.) 
rather and that the General Welfare Clause gives Congress power it might not derive anywhere else. 

(You all need to understand precisely WHAT is being said here and the only way to do that is to study law.

Just what everyone wants to do while they raise a family and work 3 jobs to support their kids)
)

In other words the government does "NOT" HAVE THE AUTHORITY TO GRANT "ITSELF" POWER!!!!!


However, the Court did limit the power to spending for matters affecting only the national welfare.

There you go right before your very eyes!

Watching the evolution of SYNTAX TERRORISM perpetrated against the people right before your very eyes the words changed into something NEVER INTENDED! LOL

Shortly after Butler, in Helvering v. Davis,[14] the Supreme Court interpreted the clause even more expansively, conferring upon Congress a plenary power to impose taxes and to spend money for the general welfare subject almost entirely to its own discretion. Even more recently, the Court has included the power to indirectly coerce the states into adopting national standards by threatening to withhold federal funds in South Dakota v. Dole.[15] To date, the Hamiltonian view of the General Welfare Clause predominates in case law.

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


Just cut you right on out of the picture all together didnt they.... LMAO

They just conferred power upon themselves not authorized or ever intended to be authorized by the constitution!

Of course you got to vote on it didnt you?

Oh the corrupt courts did it for you!  Just like the election!

Truly it does not get any better than this to show how fucking corrupt the system is at large!

< Message edited by Real0ne -- 11/5/2010 9:02:59 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to tazzygirl)
Profile   Post #: 79
RE: The "General Welfare" clause - 11/5/2010 9:10:10 AM   
thishereboi


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quote:

I dont qualify under any of those events. Many people believe Medicaid is for the poor. Its far more restrictive than that.


Yes, it is. Maybe when they start getting rid of the fraud, they will have more money and be able to cover a larger percent of the people who really need it.


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(in reply to tazzygirl)
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