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Promoting the General "Welfare" . . .What did Madison Say

Much has been said about the federal government usurping its constitutional authority of the legislation it passes and is signed into law. Legal scholars and experts analyze and interpret what they believe the framers of the constitution, mostly James Madison, had in mind when they wrote the constitution.

The preamble serves as a missions statement if you would of the constitution it was never meant to be used to define the intent of the framers - that is what the actual constitution is to be used as. The preamble is not by any means a delegation of powers, enumerated or otherwise, to the federal government. It is simply a stated purpose – a mission statement - in today’s terminology and the body of the constitution is America’s policies and procedures manual. The word welfare appears only twice in the constitution. Once in the preamble and once in article 1, section 8:

So what did Madison actually think. Here are some great quotes from some of his writings to shine some light on his thoughts . . .that happened in and around the time of the writing of the constitution:

“If Congress can do whatever in their discretion can be done by money, and its (sic) 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

"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 constituents." 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

"Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated." - Thomas Jefferson

Seems like the writers of the constitution and our founding fathers have a different opinion of promote the general welfare than the current group of legislators attempting to enslave us by their very actions. The framers of the constitution provide a clear and marked difference with reference to "promoting the general welfare" as applied to persons and states. In the Constitution the words "promote the general welfare" are used in the context of states and not persons. The term "promote the general" is not equivalent with the welfare of individuals, people, or citizens but as the term "general" is used refers to the collective whole. No where in the constitution is congress granted the unchecked power and authority to provide for the general welfare . . .they are to promote it. Welfare as defined by an 1828 version of Webster’s (a definition used when the constitution was written) makes a clear distinction between the word welfare as it applies to individual persons and then as it applies to states or a collective group. As it apples to states (or the "general) the definition of the word welfare implies the enjoyment of peace and prosperity, or the ordinary blessings of society and a civil government.

I do not believe, nor does the constitution grant congress the power to pass a large majority of the legislation it does today. In particular, a reasonable argument and debate cannot even be framed that they intended the term general welfare to be used as it is.

he founding fathers espoused a limited government with most of the powers delegated and handled by the states and it is time we return to that original intent.

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  • DaveR February 05, 2010 11:12:45
    DaveR
    +6
    Good post. Keep educating. Lord knows the liberal public schools won't provide this information. Come to think of it, the history in schools is so revised, it's no wonder Maxine Waters thinks we've already put men on Mars.

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  • fatheromalley March 25, 2010 16:24:26
    fatheromalley
    +3
    The founders were for free markets and did not hold ill will toward business or business owners To say otherwise is just more communist brainwashing being repeated. Tell a lie often enough, long enough, it becomes truth. Our Supreme Court should have some limits how these judges can remain there. Some decisions should be disqualifiers if the counter the stated intent of our founders as enumerated in our Constitution and The Federalist Papers..
  • Bill in Niantic February 05, 2010 20:02:59
    Bill in Niantic
    +1
    TOO FUNNY.

    SUPER ZOOM IT..

    funny super zoom
  • Texas Johnny February 05, 2010 19:53:31
    Texas Johnny
    +1
    Promote: To contribute to the growth or prosperity of, To help bring into being.

    Provide: to supply or make available

    I see it as the government will not intervine in a direct manner in the private business affairs of the people but basically create a positive atmosphere so that we can be successful based on our own efforts. That to me means low taxes and less government intrusion into our lives.
  • tea for... Texas J... February 05, 2010 19:57:30
    tea for you
    +1
    well you read wrong. they hated the tyranny of industrialist. if they wanted that we'd still be drinking British india tea .
  • Texas J... tea for... February 05, 2010 22:07:43
    Texas Johnny
    +1
    Industrialist Tyranny my ass!! They hated the tyranny of the government who interfered consistantly in their efforts to make money. They treated the colonies as their cash cow. The British government put forth laws like the Navigation Acts . The Brits were forcing Americans to sell their goods only to them and so cheaply that many American businesses were losing money BECAUSE THE ENGLISH WERE RESTRICTING TRADE! In part the Navigation Acts stated:

    - No Country could trade with the colonies(that's us) unless the goods were transported on English Ships 1st. (That means added cost to the colonial customer because of higher taxes and fees for English Ships)

    - The Colonies could only export certain products like tobacco, sugar, molasses and rice to England ONLY! (Eventhough they could probably get a better price elsewhere they were forced to sell to England at a deep discount. They were losing money selling to England)

    - Almost everything sent to the colonies from elsewhere had to go through an English port 1st. Which means more taxes that are then passed on to the Colonial consumer and they paid a higher price.

    It strangled any attempt by the colonies to develop their own industry and create a true free enterprise system. It is the tyranny of the government restricting their
    need to find the highest bidder for their goods to make a profit.
  • tea for... Texas J... February 05, 2010 22:50:37
    tea for you
    +1
    india tea company other wise known as a corporation was king georges buddies. . , your done bye bye
  • Winnel tea for... February 06, 2010 01:15:51
    Winnel
    there wore more reasons than the Indian tea corp and more usurpations than that . .. as Jefferson enumerated in 1776 . . .
    He has refused his Assent to Laws, the most wholesome and necessary for the public good.
    He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
    He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
    He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
    He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
    He has refused for a long time, after such disolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convul...
    there wore more reasons than the Indian tea corp and more usurpations than that . .. as Jefferson enumerated in 1776 . . .
    He has refused his Assent to Laws, the most wholesome and necessary for the public good.
    He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
    He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
    He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
    He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
    He has refused for a long time, after such disolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
    He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
    He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
    He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
    He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
    He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
    He has affected to render the Military independent of and superior to the Civil power.
    He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
    For Quartering large bodies of armed troops among us:
    For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
    For cutting off our Trade with all parts of the world:
    For imposing Taxes on us without our Consent:
    For depriving us in many cases, of the benefits of Trial by Jury:
    For transporting us beyond Seas to be tried for pretended offences
    For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
    For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
    For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
    He has abdicated Government here, by declaring us out of his Protection and waging War against us.
    He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
    He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
    He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
    He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

    Sorry does not sound like industrialist tyranny to me
    (more)
  • tea for... Winnel February 06, 2010 10:16:43
    tea for you
    who is he
  • Winnel tea for... February 07, 2010 03:48:35
    Winnel
    are you that big of an idiot that you do not recognize the declaration of independence and the grievances laid out against king george of england? Those grievances had more than tea as their foundation. No you are not that big of an idiot you are just trying to set it up so you can say it was king george and his buddies at the indian tea company. But you would argue that those regresses were the result of the indian tea company, refusing to see the other violations of basic human rights
  • Texas J... tea for... February 07, 2010 02:57:19
    Texas Johnny
    You are a fool! OK I wonder how you got your car, light bulb, telephone and other devices? Because the American government had a hands off policy to individuals and companies to create and make a profit from it. Your history is as faulty as your logic!!
  • tea for... Texas J... February 07, 2010 11:33:23
    tea for you
    blah blah . ,dosen't mean that we have to live under coporation rule . are you people that stupid to believe these corporate goons will not manipulate and enslave you. ? than your the fool
  • Texas J... tea for... February 07, 2010 18:47:40
    Texas Johnny
    +1
    How do you make a living? Do you work for someone? Do you own a business? If you do , then you are a hypocrite of the worst kind . Better yet I bet you are a: living work business hypocrite bet
  • Winnel Texas J... February 07, 2010 19:15:25
    Winnel
    in his basement waiting for his mom to finish the bagel bites no doubt
  • Winnel tea for... February 07, 2010 19:14:38
    Winnel
    then your the fool because you have allowed government to enslave you again as you say you are done . . .. bye bey
  • Bill in Niantic February 05, 2010 14:55:18
    Bill in Niantic
    +1
    Very Good. Now we NEED some Good Constitutional Lawyers, who are NOT in the pocket of the Progressives, to fight the DoucheBaggers in COURT. Let's put the Morons of Congress in place and teach them the meaning of their Oath of Office AND the Constitutional Principles.
  • Winnel Bill in... February 05, 2010 15:23:58
    Winnel
    +2
    OOOOOOOO, I am not a lawyer . . .. I just can read and put things into perspective . . . look at things in a historical view
  • Bev February 05, 2010 13:46:25
    Bev
    +3
    When I was at a town hall meeting last summer with yes, Pelosi man, Tom Periello, a man brought a copy of the constitution up to Tom and asked him to show us where in the constitution it says the government has the right to pass a health care blll or a crap and tax bill. Tom's reply was that the constitution is outdated and no longer used in the House. The only people that still beileve and respect the constitution are the voters, not the politicians or the administration. To them it is a book that they ignore to do what they want to do to destroy our America that the American fathers so lovingly wrote.
  • John Deathhammer February 05, 2010 13:04:45
    John Deathhammer
    +2
    He said PROMOTE the general welfare, not PROVIDE it. LOL
  • tea for you February 05, 2010 12:29:51
    tea for you
    +1
    just like a goofball conservative to take things out of context . twisting and changing the meaning of the constitution . that shows disreguard for the document . . go back to the bunker you crawled out of .
  • Winnel tea for... February 05, 2010 13:40:05
    Winnel
    +2
    uh those are quotes from madison not taken out of context . . . like a goofball liberal you did not read the entire post. Like a goofball liberal you do not consider the context of the constitution nor the hiptorical times in which it was written. Like a goofball liberal you think we can continue the unabated spending of our children's and generations yet to be born money to no avail.
    Pray tell oh constitutional scholar, point to the article and section of the constititution where it enumerates powers granted to the federal government to create a state that provides helath care for all. I wait with baited breath for the exact article and section, please do not cite enumerated powers unless you are prepared to be nuked. Enumerated powers are powers given to the federal government by the terms of the U.S. Constitution - mor eslowly so you may absorb it, enumerated powers are limited by the enitre context of the constitution . . .so what article, what section, cites the provision of healthcare, social security, medicare, medicaid? What article gives congress the right to confiscate the wealth and industry of others and redistribute it to those whow woudl not work? Not those that cannot, those who will not. Not that a goofball liberal would read history and actually learn from it...
    uh those are quotes from madison not taken out of context . . . like a goofball liberal you did not read the entire post. Like a goofball liberal you do not consider the context of the constitution nor the hiptorical times in which it was written. Like a goofball liberal you think we can continue the unabated spending of our children's and generations yet to be born money to no avail.
    Pray tell oh constitutional scholar, point to the article and section of the constititution where it enumerates powers granted to the federal government to create a state that provides helath care for all. I wait with baited breath for the exact article and section, please do not cite enumerated powers unless you are prepared to be nuked. Enumerated powers are powers given to the federal government by the terms of the U.S. Constitution - mor eslowly so you may absorb it, enumerated powers are limited by the enitre context of the constitution . . .so what article, what section, cites the provision of healthcare, social security, medicare, medicaid? What article gives congress the right to confiscate the wealth and industry of others and redistribute it to those whow woudl not work? Not those that cannot, those who will not. Not that a goofball liberal would read history and actually learn from it but many of the grievances Jefferson outlayed against England and King George Many which led to our revolt, are today the ordinary occurances in and daily operations of our out of control federal government.
    By your own ignorance, whether purposeful or purely because of your own inabilities to read and absorb information that is not spoon fed to you, you completely negate the history of this country and the writing of the constiution. You also completely ignore the obvious contemporary occurances that led to our separation from England. Madison and Jefferson both thought that the best federal government was a limited one and that the tenth amendment gave the states all the necessary powers to provide for its populations and that it was not the federal government's responsibility to be the nanny to everyone.
    So in complete context, cite the artilce and section with historical adjudication that supports it . . . we all await your repsonse
    (more)

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Winnel

Winnel

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August 09, 2009 03:19:26

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