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Today's Show » My favorite Wilkow question...

marnesdad
1 year, 6 months ago
Andrew has asked many a liberal caller one question that just makes me laugh... Let me first set up the scenario: A caller is carefully screened and 'moved to the front of the line' with a scattered rambling regarding a Constitutional issue... Andrew then says in his best high-pitched, just-hit-puberty voice "Where in the Constitution does it says that?"... Of course, the carefully screened caller has no idea how to answer what is essentially a very simple question... What Andrew hopes (and knows thanks to his call screeners) is that the caller can't answer the question because 'whatever he's calling about' (i.e. funding for medical research), of course, isn't specifically mentioned in the Constitution. Hooray! Andrew has 'won' another argument with 'perfectly executed political analysis'... Call the caller a 'moron' and hang up the phone... LOL. The real answer is (and I doubt Andrew even knows this) is that 'funding for medical research' is very much in the Constitution... Article I, Section 8 -- the 'General Welfare Clause' -- and reinforced by Supreme Court decisions since 1937. By the way, The EPA, DEA, yada yada yada...? Also very much in the Constitution by way of the Supremacy Clause -- specifically via treaties that spawned laws creating the need for these agencies. Clue to listeners: If you ever hear Andrew ask 'where in the Constitution is that?' -- chances are it's in there.
Brooklyn
1 year, 6 months ago
Uhmmmm..... MD...... That "General Welfare Clause" applies to the STATES, not the people. Read it again my friend-----"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"
slappy
1 year, 6 months ago
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and Post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
slappy
1 year, 6 months ago
that is teh section in its entirety
slappy
1 year, 6 months ago
doesnt say provide welfare it says provide for the general welfare. I am guessing this is the most Misused line in the Contitution, by BOTH parties
marnesdad
1 year, 6 months ago
Sorry, Brooklyn... but the Supreme Court disagrees. I'm just pointing out where these agencies and government programs are 'coming from' by way of Constitutional backing-- backing that the Supreme Court has upheld.
AndrewWilkowFan
1 year, 6 months ago
Which court cases?
marnesdad
1 year, 6 months ago
Mainly 'Helvering v Davis (1937)'... As long as the general welfare has 'national interest'... and Congress decides what has national interest (go figure)...
Brooklyn
1 year, 6 months ago
MD, I don't care if the Supreme court agrees or disagrees. I only care what the authors intent is & exactly how the authors defined Article 1 Section 8. The Supreme court is wrong. You cannot tell me you define the term "General Welfare" exactly the way Jefferson & Madison define such a term. Especially when you didn't complete the sentence..."Of the United States"
Brooklyn
1 year, 6 months ago
MD, it took 10 years for the Constitution to become the supreme law of the land. I'm sure if the founders & authors intention were to create a Federal government that provided "General Welfare" they would have established a Dept of General Welfare the very same day they established an Army & Navy. We are right, you are wrong...that's the end of the story =D
marnesdad
1 year, 6 months ago
You can't have your argument both ways, Brooklyn. If you intend to argue the 'framers intent' position, those same framers put the responsibility for these Constitutional questions in the hands of the Supreme Court. Or, are you suggesting that we only follow their intent to 'your' liking?
marnesdad
1 year, 6 months ago
"Dept of General Welfare"... that's funny. I guess since they didn't see an immediate need for an Air Force either, the United States Air Force is unConstitutional too?
marnesdad
1 year, 6 months ago
"We are right, you are wrong...that's the end of the story =D" There's nothing that weakens an argument more than this pitiful affirmation... ;)
Brooklyn
1 year, 6 months ago
MD just where in the Constitution does it say, "those same framers put the responsibility for these Constitutional questions in the hands of the Supreme Court"?
Brooklyn
1 year, 6 months ago
They didn't see an immediate need for an Air Force cause the ability to fly wasn't archived in 1787.
Brooklyn
1 year, 6 months ago
You're really having a tough time with this aren't you MD ;) James Madison said, "We base all our experiments on the capacity of mankind for self government." Do you think Madison was referring to your definition of "General Welfare" when he said that? LOL!!!
Brooklyn
1 year, 6 months ago
So MD, when Patrick Henry said; "Give me liberty or give me death", just what "Liberties" was he asking for? Is taking the wealth from person "A" & giving a percentage of that seized wealth to person "B" one of the liberties Patrick Henry was asking for? LOL!!!
marnesdad
1 year, 6 months ago
"MD just where in the Constitution does it say, "those same framers put the responsibility for these Constitutional questions in the hands of the Supreme Court"?" Try Article III....
marnesdad
1 year, 6 months ago
"They didn't see an immediate need for an Air Force cause the ability to fly wasn't archived in 1787. " So, how is it Constitutional then?
marnesdad
1 year, 6 months ago
"You're really having a tough time with this aren't you MD ;) James Madison said, "We base all our experiments on the capacity of mankind for self government." Do you think Madison was referring to your definition of "General Welfare" when he said that? LOL!!!" I'm having a tough time?? You do know that there ARE the departments and agencies I'm talking about in existence... and they ARE ruled Constitutional by the Supreme Court... right?

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