The Founding Fathers, James Madison in particular, were very intelligent men. It is very likely they understood that punctuation can change the meaning of a sentence. Many of them commented that the Constitution meant what it said. As the Congress works on the health care legislation, which some claim is authorized by the welfare clause, we need to understand what it says.
Article 1, Section 8 - as written,
The Congress shall have power to lay and collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common Defense and general welfare of the United States; but all Duties, Imports and Excises shall be uniform throughout the United States.
* Please note the use of punctuation and the capitalization of certain words. Pay particular attention to the words, general welfare. The words are NOT capitalized nor separated by punctuation. I would argue that general welfare refers to the common Defense and NOT to anything else.
There are eighteen (18) powers enumerated in Section 8. The shortest consists of six (6) words. "To provide and maintain a Navy" It would seem logical that should they have intended general welfare to have a different meaning, it would have been written as a separate power. The three words, and general welfare would not be in the sentence, but would have been a nineteenth (19) power. I think it would have been written something like this, -
"To provide for the General Welfare and Health of the United States"
* I seek comments from Legal scholars and English teachers on the meaning of general welfare in this context. I feel the Courts have become too politicized to render an objective opinion. The actions of the Courts, since the 1930s have made the Constitution virtually meaningless.
Joel
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
I've always thought it's more along the lines of, generally, the health and well-being of the citizens.
ReplyDeleteVirtually meaningless? Get a grip. You are no constitutional scholar merely a propagandist oprtunist. Why not find another country to live in.
ReplyDeleteI'm with 8:54 here. And 9:07 can take a hike.
ReplyDeleteI always thought it meant the state of our nation, that is in good condition and strong because Congress has kept it that way.
ReplyDeleteI am a scholar and I will happily direct you to go online and look at how the authors of the Constitution consistently were inconsistent with punctuation and capitalization. A good try, but you are barking up the wrong tree with that angle. Google Constitutional Convention and go look at the actual records.
ReplyDelete12:12 PM, Taking advantage of your being a scholar (though you didn't say of what) my question would be, If the law is meant to be enforced, as written, what would be the meaning of general welfare in this context?
ReplyDeleteJoel,
ReplyDeleteOnce again your article is absolutely stupid. They made a long sentence instead of a short sentence. Stop stealing your ideas anyway. Come up with something original. If your fighting that because it works for you, why shouldn't taxes and duties be separate from imports and excises. Now there is a post. Get to work on that one, you are the worst.