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894Re: "... promote the general welfare, ..."

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  • westmiller@aol.com
    Sep 1 10:32 AM
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      From: DGHarrison <DGHarrison@...>
      > [preamble] ... defines the people's right to "welfare"
      > from the Federal government.

      Some excellent responses offered. I'd put the basic
      arguments in four aspects:

      1. Original intent [if they respect that], with quotes
      from Madison in Federalist 41:
      http://federalistpapers.com/federalist41.html
      2. Legal construction [if they're lawyers], with the
      note of Justice Story that a broad interpretation runs
      contrary to the enumerated powers that follow:
      http://www.constitution.org/js/js_326.htm
      3. Common sense [if they have any ;o], with the
      distinction between "promoting" conditions that are
      beneficial to all (noting equal treatment under law),
      rather than *providing* for every need (which must
      be infinite).
      4. Moral sense [...] that charitable assistance to
      those who are innocent victims of misfortune cannot
      be coerced, since that destroys any moral value in
      the act.

      I like the last one, for many reasons. The best
      way to disarm opponents is to appeal to their values.
      Government cannot provide *love* for those in need,
      attending to their individual suffering or encouraging
      their efforts; it can only take and give according to
      the cold strictures of law. Nobody in government can
      *care* about individuals.

      Bill
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