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Old 10-06-2010, 01:37 AM
 
Location: Eastern Missouri
3,046 posts, read 6,314,135 times
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Great topic
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Old 10-06-2010, 03:14 AM
 
Location: Columbus
4,877 posts, read 4,526,588 times
Reputation: 1450
Quote:
Originally Posted by legalsea View Post
My question is simple.

However, I am focusing on one particular part: ‘promote the general Welfare’. What do you think that means?
The general welfare clause was put there so that dumb arse democrats and republicans could pass anything they want, no matter how oppressive or illegal, and say it is for the general welfare.

There was judge from New York who said that is exactly what would happen if they left that phrase in there and it should be removed. Can't remember his name though. I'll see if I can dig it up.

Gotta go. The general welfare of my wallet is dependant upon my showing up at work.
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Old 10-06-2010, 04:50 AM
 
Location: Unperson Everyman Land
38,764 posts, read 26,573,524 times
Reputation: 12763
Quote:
Originally Posted by OhioIstheBest View Post
The general welfare clause was put there so that dumb arse democrats and republicans could pass anything they want, no matter how oppressive or illegal, and say it is for the general welfare.

There was judge from New York who said that is exactly what would happen if they left that phrase in there and it should be removed. Can't remember his name though. I'll see if I can dig it up.

Gotta go. The general welfare of my wallet is dependant upon my showing up at work.


"General Welfare" appears in the preamble and again in Article I, Section VIII (the enumerated powers).

The preamble has no legal bearing as we all know, but the enumerated powers does.


"The Congress shall have 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; but all duties, imposts and excises shall be uniform throughout the United States;"


Note that the only purpose authorized for collecting taxes is to pay the debts and "provide for the common defense and general welfare of the United States". Nowhere does it give authority to provide anything from those taxes to any individual or group, only the union of states. The general welfare clause as written and in context requires a limited federal government.
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Old 10-06-2010, 08:06 AM
Status: "Felon Trump" (set 26 days ago)
 
13,732 posts, read 9,095,540 times
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Quote:
Originally Posted by Dewmik View Post
Specifically the preamble was meant to show what the New world is (at the time) supposed to be opposed to The Kings Rule. As the example since it's focused on by the OP I'll also focus on
Insure domestic Tranquility, provide for the common defence, promote the general Welfare


Domestic Tranquility: One of the concerns of the Framers was that the government prior to the Constitution was unable, to intervene in quarrels between the states. The Shay's Rebellion was a huge factor. States had very nearly gone to war with each other over territory (such as between Pennsylvania and Connecticut over Wilkes-Barre). One of the main goals of the Convention was to ensure the federal government had powers to squash rebellion and to smooth tensions between states. Back in England at the time rebellions between communities was rampant. The more a community had the more they had to offer the throne hence more favor from the kings was received. The throne did little if anything to stop it, and in fact encouraged and profited from it.

Provide for the common defence: There's two things in that small space that are extremely relevant. The fist is that the King did not defend the country, instead the country defended the king. in other words the people did not fight for the good of the country they fought for the good of the king.
The second thing to note is that as a common defence was meant as a whole. The framers knew that for our then small country to survive it had to defend its self as one. The Massachusetts Militia had support from other states army's and vise verse.

Promote the General welfare:. Welfare in today's context means organized efforts on the part of public or private organizations to benefit the poor, or simply public assistance. This is not the meaning of the word as used in the document.
Again referencing the king. Back in merry old England the welfare of the kings superseded the welfare of the people. People didn't benefit from their labor the king did. The framers wanted a people to build the economy and benefit from it. IE reap what we sowed.
We have to remember also that the framers could not see into the future. They were dealing with that times issues. That is not to say that the constitution is out dated. Anyone that says so is unamerican minded. It was specifically designed to grow and evolve with society. However the framers had no idea what tribulations we would face in the 20th and 21st centuries. They didn't imaging a conflict over the word God, or the thought of abortion, gay marriage, civil rights conflicts, ect ect. When you read the Constitution's preamble you must remember the era that it was written, apply their issues and their definitions and language style.

Something to also note if you are interested is that the document has many miss spelled words, including defence. This can be blamed on one man Jacob Shallus, a clerk for the Pennsylvania State Assembly.
Some very excellent and thoughtful replies, including this one.

I was particularly struck by the phrase "the King did not defend the country, instead the country defended the king". A truly excellent observation.
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Old 10-06-2010, 01:47 PM
 
Location: Prepperland
19,098 posts, read 14,391,987 times
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Quote:
Originally Posted by Dewmik View Post
Promote the General welfare:. Welfare in today's context means organized efforts on the part of public or private organizations to benefit the poor, or simply public assistance.
It is far more sinister, in modern application.
If you examine pre-1933 law and court decisions, regarding pauperization, you will discover why no one in the founding generation would equate "General Welfare" with charity from the public treasury (i.e., entitlements).

FDR lied when he claimed that "Relief" was an "entitlement", not charity. In fact, it was. And the abolition of the pauper's oath, is another example.

In the past, a pauper was an excluded class, a status criminal, and without any constitutional protections save that which was granted, as a privilege, not as a right.

Through the deception of "voluntary" participation in FICA, the government was granted sweeping powers over the "human resources", who dropped so low in status, that all the previous rights and powers were sidestepped... legally.

For your homework assignment, check your own state's constitution for the delegation of the power to tax. It should be restricted to estate (aka "real and personal property"). And any mention of private property (which is not estate), will only be in reference to its protection under the law.

Thanks to the lack of lawful money and FICA, all enumerated people can no longer absolutely own private property. Thus all ownership becomes a privilege, and subject to taxation.

The CONgress is to blame, since each administration can only execute the laws CONgress enacted, partisanship notwithstanding.
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Old 10-06-2010, 01:57 PM
 
Location: Prepperland
19,098 posts, read 14,391,987 times
Reputation: 16955
Quote:
Originally Posted by Dewmik View Post
Back in merry old England the welfare of the kings superseded the welfare of the people. People didn't benefit from their labor the king did. The framers wanted a people to build the economy and benefit from it. IE reap what we sowed.
Not quite true.
It is a question of sovereignty and dominion.
In the British empire, the monarch is the sovereign, and all others are subjects, obligated to serve and obey.
In America, the situation is entirely different.
In America, however, the case is widely different. Our government is founded upon compact. Sovereignty was, and is, in the people.
[ Glass vs The Sloop Betsey, 3 Dall 6 (1794)]
The government is the servant of the sovereign people. However, if you consented to be a subject citizen, you serve the government.

No sovereign is a citizen, no citizen is a sovereign.

Read the legal definition for the "republican form of government".
"GOVERNMENT (Republican Government)- One in which the powers of sovereignty are vested in the people and are exercised by the people, ... directly..."
- - - Black's Law Dictionary, Sixth Edition, P. 695
The snipping is to highlight that PEOPLE are the sovereigns, with sovereign power (absolute!) over their private property... land, houses, and chattels.
That sovereignty was SURRENDERED, under the influence of fraud, constructive fraud, misrepresentation and withholding of material facts.

And if you learn just that fact - that your birthright and endowment from your Creator and from the founding generation was the potential to be a sovereign American, equal to any other monarch on this planet, you will have achieved a milestone.

For the propaganda ministry has labored for many generations to erase that knowledge from the people at large.

{Addendum: Guess how many nations on Earth have a "republican form of government" wherein the people are sovereign?}
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Old 10-06-2010, 02:01 PM
 
2,564 posts, read 1,605,850 times
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Quote:
Originally Posted by legalsea View Post
...
However, I am focusing on one particular part: ‘promote the general Welfare’. What do you think that means?

The Constitution gave authority to federal Congress, as our elected representatives, to pass any laws necessary "to promote the general Welfare". It means anything for the Public Good.
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Old 10-06-2010, 02:03 PM
 
Location: SouthCentral Texas
3,854 posts, read 4,857,547 times
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Quote:
Originally Posted by legalsea View Post
My question is simple.

What does this, the very first sentence of the Constitution of the United States of American, mean?

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Me again: recall that our Nation first formed under the Articles of Confederation, which gave the States more power than the Central Government.

However, it proved, in a short period, unworkable. Hence the statement “We the People of the United States, in Order to form a more ‘perfect’ Union’ (etc). Our Founding Fathers then established a new Constitution that gave MORE power to the Federal government.

However, I am focusing on one particular part: ‘promote the general Welfare’. What do you think that means?
It means very simply what it states...we the people. No where does it say the Federal Government. We, the people, in order to promte these social issues come together to make this a peacible/peaceful nation for all its inhabitats.
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Old 10-06-2010, 02:07 PM
 
Location: Wasilla, Alaska
17,823 posts, read 23,570,910 times
Reputation: 6541
Quote:
Originally Posted by aspiesmom View Post
The Constitution gave authority to federal Congress, as our elected representatives, to pass any laws necessary "to promote the general Welfare". It means anything for the Public Good.
You might want to actually read the document before posting your obvious misinformation. It is very apparent from your post that you have never read the US Constitution.
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Old 10-06-2010, 02:08 PM
 
29,980 posts, read 43,117,849 times
Reputation: 12829
Quote:
Originally Posted by aspiesmom View Post
The Constitution gave authority to federal Congress, as our elected representatives, to pass any laws necessary "to promote the general Welfare". It means anything for the Public Good.
No, it absolutely did not. The Constutition limits the power of the government, it does not grant them. All powers not specifically enumerated to the branches of the government remain with the states and with the people.
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