Skip to main content

View Diary: "Nowhere in the Constitution" -- Except in the Constitution's very First Section (135 comments)

Comment Preferences

  •  here (1+ / 0-)
    Recommended by:

    SD v Dole and NFIB v Sebelius, i.e. the Obamacare case puts limits on the coercive nature of spending and taxing.

    •  thanks for the link (8+ / 0-)

      the main intersection of the SC and the General Welfare clause, says this:

      Prior to 1936, the United States Supreme Court had imposed a narrow interpretation on the Clause, as demonstrated by the holding in Bailey v. Drexel Furniture Co.,[21] in which a tax on child labor was an impermissible attempt to regulate commerce beyond that Court's equally narrow interpretation of the Commerce Clause. This narrow view was later overturned in United States v. Butler. There, the Court agreed with Associate Justice Joseph Story's construction in Story's 1833 Commentaries on the Constitution of the United States. Story had concluded that the General Welfare Clause was not a general grant of legislative power, but also dismissed Madison's narrow construction requiring its use be dependent upon the other enumerated powers.

      Consequently, the Supreme Court held the power to tax and spend is an independent power and that the General Welfare Clause gives Congress power it might not derive anywhere else. However, the Court did limit the power to spending for matters affecting only the national welfare.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site