Thread: News Stories
View Single Post
Old 2011-06-22, 20:56   Link #14365
james0246
Senior Member
*Moderator
 
 
Join Date: Apr 2007
Location: East Cupcake
Quote:
Originally Posted by GundamFan0083 View Post
I agree in part.
As for the "Welfare clause."
It doesn't mean welfare like government entitlement programs, it means what James Madison said it meant in a letter to James Robertson written in 1831:
“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.”
Actually, no. While Madison's interpretation was the original basis for law, it quickly became apparent that a broader definition was needed (this is one of the widely held reasons for the shift in policy found during the 1800 election (sorry, just an abstract)). That is why the Alexander Hamilton definition of "General Welfare" that has been empowered by the Supreme Court most recently (see Helvering v. Davis (which gave Congress the full power to impose and use taxes for general welfare projects), and most recently South Dakota v. Dole)...the Hamilton definition simply has more case law support and stands as the current definition of "general welfare"...(which supports the creation of a "Universal Healthcare".)

That being said, I never once referred to the individual mandate nonsense (which may or may not be constitutional...depending on the scholar you ask ). I said "Universal Healthcare" only, something the individual mandate is not considered to be...

Last edited by james0246; 2011-06-22 at 21:10.
james0246 is offline