The Education of Congressman Hoyer
by Dr. Paul MorenoCongress is moving closer to enacting a law requiring all Americans to purchase health insurance. House Majority Leader Steny Hoyer says that this is “like paying taxes.”
He’s right about that. But Hoyer made this statement as part of an effort to justify the health-care mandate on constitutional grounds. Here he indicates that he doesn’t understand the Constitution that he took an oath to support.
When asked what power the Constitution gives to Congress to enact this legislation, Hoyer claimed that it came from the Constitution’s “general welfare” clause.
Article One, section eight says that Congress can “lay and collect taxes… to pay the debts and provide for the common defense and general welfare of the United States.”
But what defines the “general welfare”?
As James Madison explained, the general welfare is defined by the list of enumerated powers in the seventeen clauses that follow. These include the power to borrow money, to establish post offices, to define and punish piracy, to raise and support armies.
The fundamental point was that the federal government did not possess a general grant of power, but was limited to enumerated or delegated powers. The rest of the general reservoir of governmental power (known as the “police power”) was left to the states. The Tenth Amendment reiterated the point.
The language of the Constitution was quite explicit about this—precise to the point of punctuation. A draft of the document at the Constitutional Convention contained a semicolon between the taxing phrase and the general welfare phrase. As an independent clause, the taxing power could have been used for any purpose under the sun. Instead, the sharp-eyed founders substituted a comma for the semicolon, thus tethering the taxing power to the general welfare clause and the enumerated powers.
It is notable that the enumerated powers all involve subjects that are of genuinely national significance—many concern foreign affairs, the territories, and the federal district. Hardly anyone would deny that the army and navy could be left to states or individuals. The enumerated powers are also notably specific. Why write that Congress has the power to “provide for the punishment of counterfeiting the securities and current coin of the United States” if Congress could punish all sorts of other crimes?
Of course, the list includes the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” But this simply meant that Congress enjoyed a choice of means by which it could achieve the foregoing ends.
It is true that, contra Madison, Alexander Hamilton regarded the general welfare clause as a grant of power beyond those enumerated. But even Hamilton agreed that the end had to be general. Congressman Hoyer says that “the end that we’re trying to effect is to make health care affordable.” Besides the fact that federal intervention has only made health care (like education) less affordable, accelerating costs far beyond that of inflation, this is hardly a “general” purpose (like national defense) that could not be accomplished by states, voluntary associations, and individuals.
Madison’s view of the general welfare clause predominated for the first century and a half of the republic. But Congressman Hoyer’s Constitution begins where Madison’s ended, with the New Deal. And this makes Hoyer’s claim that we need not worry about Congress overstepping its general welfare limits because “I’m sure the Supreme Court will find a limit” rather humorous.
The first case in which the Supreme Court interpreted the general welfare clause as going beyond the enumerated powers was United States v. Butler (1936), when it struck down the first Agricultural Adjustment Act. An act that taxed agricultural processors to pay subsidies to farmers could hardly be called “general.” But the following year, after President Roosevelt threatened to “pack” the Court, the justices accepted the Social Security Act, which taxes employers and employees to pay for old-age pensions and other social insurance.
Social Security, the mother of all entitlements, was born when the Supreme Court abandoned the proper understanding of the general welfare clause. And she now begets constitutionally illegitimate children like health-care reform.
Congressman Hoyer is either ignorant of or averts his eyes from this history. One must give credit to President Obama for this much—he recognizes that the Constitution stands in the way of modern liberalism. In a 2001 interview on Chicago public radio, Obama lamented that we have still not broken “free from the essential constraints that were placed by the Founding Fathers in the Constitution… that generally the Constitution is a charter of negative liberty.” But it is doubtful that former Professor Obama will help in the education of Congressman Hoyer.
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Thomas Jefferson said that this phrase shouldnt be interpreted as Hoyer says, Jefferson said the powers the govt. has are speciffically enumeratd in the constitution.
Is murder of another human being is a federal offense.
Obama is so dumb he thinks a fee you have to pay to the govt. sint a tax its a fee, isnt he cute
Plain and simple democrats do not have the constitutional authority for their health care reform scam.
For the whole series of Zero dollar bills, go here: "Flickr Archive of Zero Bills"
Long-Lost Charter Is Printed on Milk Cartons Nationwide http://optoons.blogspot.com/2009/09/in-recognition-of-constitution-day-long.html
I agree it is a complete Ponzi scheme, I just don't see that many people who are willing to get out of it. Bush had a big problem when he tried to find a solution even from Republicans. I am 15 years away from retirement and SSI and I do not think I will see a dime of that money I "invested." Life is a Beach, time to enjoy the waves the best we can.
it does not either forbid, or allow abortions. but our constitution says legislatures, not judiciary enact all laws. so now tell me which law allows it, that was passed by legislatures, not unelected judges? yeah, i thought so, no law was ever passed.
Of note, apparently Time Magazine has a special edition on President Obama coming out soon which includes an article by Joe Klein. For his research, Klein was only allowed to read the first ten pages of Obama's thesis, and in that short period, Obama refers to our Founding Fathers as "The so-called Founders." Read more here: http://pajamasmedia.com/michaelledeen/2009/10/21/...
Ok I posted an actual clip taken from the San Diego editorial section. You can see what we are dealing with here.
http://myfreepress.net/2009/take-your-head-out-of...
Obama declares swine flu a national emergency
By PHILIP ELLIOTT, Associated Press Writer – 30 mins ago
WASHINGTON – President Barack Obama declared the swine flu outbreak a national emergency and empowered his health secretary to suspend federal guidelines at hospitals and speed up how infected people might receive treatment in a disaster.
The declaration that Obama signed late Friday means Health and Human Services chief Kathleen Sebelius to bypass federal rules when opening alternative care sites, such as offsite hospital centers at schools or community centers, if needed.
Mea culpa about the post a few minutes ago. It turns out the Klein thing is a hoax. Read more here: http://pajamasmedia.com/michaelledeen/2009/10/23/...
Barack Obama: Promoting the General Welfare by taxing the General Public. BRILLIANT
So this general welfare thing, does it mean we all get welfare and no one has to work anymore?
Government rationed healthcare is un-Constitutional, no matter how they try and sell it. Can they make you purchase gruel coupons next? Soylent Green? How about the government build everyone a house, give them a government motors car … Doesn’t this all fit in general welfare?
It’s obvious our congressional clunkers need to be turned out to pasture.
Remember Bush and the left’s fit over snooping on library cards? How about turning over all your health records to the federal government? Where is the outcry about that. Now that is un-Constitutional, specifically forbidden by the 4th Amendment.
Going to be fun …
Jason,
This country was not founded on "conservative" values. I think WE get confused sometimes when the media paints us as they wish we were. The republic was founded based upon respect and tolerance of others. The founders understood that every one is different and needed to pursue their own path if the new country was to be truly free. (That said, citizens do have responsibilities toward maintaining a civil society).
I am a Christian. As such, I have fairly predictable values by which I live. I may try to evangelize my neighbors, but I would not get very far if I did not respect them. Likewise, I happily take verbose (sometimes sailor-like) exception to people that characterize me as backwards or stupid because I believe in the unseen.
The issue with tolerance today is that government has inserted itself at every level of society to mandate "normal" and proper human behavior. How would those guys know? Speaking of tolerance, I do not mean the bullshit progressive approach to divide the victims into ethnic or economic groups; i.e.- multiculturalism. I mean go for it! Different strokes for different folks; that is freedom. But one must respect his neighbors.
With that long preamble let me provide a couple of examples of what I'm trying to not so eloquently describe: The war on drugs is an insane waste of money and lives. Prison corporations have contracts now to make stuff with slaves, we need more slaves, let's bust them for pot… they won't be violent and we can put them to work. This is abhorrent and immoral for our society. Why should anyone care if someone else is altered? Here's where individual responsibility comes in: don't show up for work like that or get fired, don't run over kids driving like that or you are a real criminal, etc. Simple rules and common sense…
Another example: Public schools will do almost anything to not teach important topics like literacy, math, science, critical thinking, etc. I want to hurl every time I hear the latest scheme they've come up with for indoctrinating the young (especially the poor kids in the inner city that thanks to the schools will never have a chance in life). What they do is morally offensive to me and I should not be coerced to pay for it through real estate taxation. Public school monopoly must be broken and then choice will make better citizens for future generations. I am highly vocal about not tolerating this crap.
Sorry for all that, back to the founders. Every form of behavior or least things you like to do is illegal now. How many laws have I broken today? Don't know. The campaign suggestion I have for your generation is let's find the reset button together and roll back the 100 years of annoying progressivism that is now sapping our ability to live like we want to live: socially, economically, spiritually, etc. Gen X can lead us out of this darkness but you have to find your leaders and likely get through the mental hurdle understanding that it will be very difficult, costly, and take time.
By costly, I mean costly. This war is at home in our yard. One needs to know where they stand and what they believe in. We all need to ask ourselves these questions. People your age that know what they are all about, that understand the true history, and can translate it into today will be a great asset to our republic.
Sorry for the long winded response. I don't have the answers but maybe there's some sort of gem in there somewhere. Please do not give up, we're not done by a long shot here…
i abandoned my hopes of retirement at least a decade ago. after watching my dad and a bunch of his friends retired about the same time, about half of them were dead in 5 years. a man needs a sense of purpose in life, and a job provides that. not that i would have anything against winning the lottery. i would still work, i would just do more stuff that i like to do, like restoring old cars for folks that need a dependable ride.
Thank you very very much for the support. I really appreciate it. Sometimes it is tough fighting this fight, when you don't have financial or political backing. Those of us in Generation X that are awake, woke up a little to late. So basically we are fighting a battle we had NO time to prepare for.
I will say one thing, when I do get the chance to talk with my fellow generation, they are usually open and willing to discuss the topic, and if you remain rational, stern, and consistent, they normally get what you are talking about.
My biggest advantage, is I did make the American Dream happen. I went from the worst possible imaginable situation to way beyond my best dreams. I went from making $6 an hour with no college to well over 700K a year by the age of 27. The American Dream can be accomplished if you have the drive. Someone needs to show this Generation the American Dream IS possible if you work hard enough.
That's about where I am. I have small investments that may add something but my primary income source will be Military. If SS is there, fine. If not, start shooting congressman.
Oh, I'm just kidding…….
or, am I?
I had to bust out laughing when I saw this photo…..what a great snapshot of an anti-American blowhard…..sweet lips my boy……..
Perhaps in the area where it is mentioned about the right to 'Life, Liberty and the Persuit of Happiness'
Or do you find that the right to life does not apply to those who haven't yet been able to breathe some O2?
So you think the Government will make good on your Military Pension
Oh, I'm just kidding…….
or, am I?
How nice of Dr. Moreno to post this article. Thank you, Dr. Moreno.
It is a GREAT vehicle for each of us to drive traffic to our blogs, websites and social media accounts.
Nice article, very expository.
According to Obama, the Constitution is flawed because it only says what Government CANNOT do to you: limit your freedom, bar you from exercising your right to property and assembly, etc. The FAULT of the Constitution lies in that it doesn't specify what Government CAN do to you: limit your freedom, bar you from exercising your right to property and assembly, etc.
One must understand Liberal political thinking to understand where Hoyer is coming from. To Liberals, the Constitution is a living, breathing document that changes to their whims. If they say something is constitutional, to them it is. That rigid Constitution that we Conservatives "cling" to is outdated since it won't let them do what they want.
Good post, but we breath some O2 from amniotic fluid. Our lungs are fully functional in the third trimester of our development.
Excellent! Roe V. Wade should be overturned on Constitutional grounds alone. As you said, the Courts' decriminalization of something, especially beyond their given power, does not make it "legal". Only the legislature can do that.
[...] Read the original post: The Education of Congressman Hoyer [...]
Winston Churchill in so many words: If you're 20 and a liberal, you have a heart…If you're 40 and a liberal, you're a fool.
They are in a panic. Technically, the 'bacon sniffles' have not turned out to be the true pandemic that they needed in order to declare martial law. So they are going to try and gin things up. Remember 23,000 to 35,000 Americans succumb to seasonal flu every year. We ARE not seeing that with the bacon sniffles and more and more people are waking up t the fraud that is obama. Hence he has to declare a national emergency in order to try and shut us up. Makes me think someone (Glenn Beck, Andrew Breitbart come to mind) must be scratching awfully close to a major bombshell.
"A man who thinks the same at 50 as he did when he was 20 has just wasted thirty years of his life" –Muhammad Ali
Snuffalupagus? LOL!!
Since when is paying tax after tax considered a positive liberty? Our (P)Resident in Chief aspires to be Robert Mugabe and he is fast turning this great country of ours into Zimbabwe of the West.
And we should replace them with people who will write and read bills we can understand and do not hide every pet project under the sun. One bill, short and to the point, one topic.
depending on the day, he changes his mind a lot!
To me this is so bizzare to do this late friday night. I know for those that have had this flu it can get very bad, for others it is the same as any other flu. So why the National Emergency at this time? This will not help pass Health Care any more than banning Fox news. How dumb is this administration or just how smart are these guys and what are they up too?
But the problem is that it is all he needs "a national emergency" to take over everything. I knew they would sooner or later have that kind of crisis, this gives them the authority to do anything they want, and we are powerless, that is how dictators get in power. Martial law in, elections out. I hope we will get to vote the bums out but I fear we might not. We were highjacked. A lot of people dismissed Alan Keyes when he first mentioned this before the elections I think.
if it can't be tweeted (140 characters max) in its entirety, it should be disallowed.
if in the third trimester the child is alive,the child then has constitutional rights yes? there for if the mother aborts,she violated the child's first amendment rights….. thats how simple the constitution works, otay panky….
Yep. The old man's hits the bank like clockwork, every month.
And you deserve it. Thanks for your service. If entitlements get cut everywhere the only one that should NEVER be touched is the ones the the Military and families earned.
I also find it interesting that Pelosi's office issued a statement that the authority lies in the interstate commerce clause, and this nimrod say's it's the general welfare clause. So which is it? It is actually neither. The commerce clause was put in so states could not impose unfair taxes on goods from other states. It does not give the governemt power to actually mandate commerce.
The "National Security and Homeland Security Presidential Directive," with the dual designation of NSPD-51, as a National Security Presidential Directive, and HSPD-20, as a Homeland Security Presidential Directive, establishes under the office of president a new National Continuity Coordinator.
That job, as the document describes, is to make plans for "National Essential Functions" of all federal, state, local, territorial, and tribal governments, as well as private sector organizations to continue functioning under the president's directives in the event of a national emergency.
The directive loosely defines "catastrophic emergency" as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."
When the President determines a catastrophic emergency has occurred, the President can take over all government functions and direct all private sector activities to ensure we will emerge from the emergency with an "enduring constitutional government."
Translated into layman's terms, when the President determines a national emergency has occurred, the President can declare to the office of the presidency powers usually assumed by dictators to direct any and all government and business activities until the emergency is declared over.
Being that this is a Flu that lasts at least another 6 months. The President can do what ever he wants, whenever he wants.
Just a quick note here. Please stop calling the POTUS professor Obama. He was never a tenured member of the university. He was a part time lecturer who lectured on the subject of community organizing. He did not even lecture on Constitutional Law….. you should not be repeating the lies that inflates this man to something that he was not.
Where doe sit say they are mandated, or even allowed?
[...] To tag along with what I posted earlier in the week from the ACLU, there is a lengthier write-up at biggovernment.com that speaks more toward the general welfare clause, and how that likewise wouldn’t meet [...]
what about the fancier democrats?
If your not watching the news, here is some breaking news, Obama signs deceleration to allow government to cut through red tape during emergency
http://myfreepress.net/2009/obama-declares-swine-...
May I suggest the rewatching of V for Vendetta …. and see just how closely this movie invokes peculiar similarities to the government in the movie. Just watched it for the first time and all the swine-flu scary stuff is, though, not obviously a government plot , BUT the Federal Government is reacting to these scares the same way. 2010!! Take the congress back! Throw them ALL out.
I vote for Steny's ignorance of history (and everything else, for that matter). It's impossible to be very bright and actually believe much of the Left's orthodoxy.
Most of these ding bat politicians have no clue what the Constitution means.
That’s why our country is so screwed up….they just keep passing crap in Congress and justify it by saying it “fits into the Constitution” when in reality it doesnt because they’ve never read it!
Patriotpost.us
"United We Stand, Divided We Fall!"
This web site is really good, but I also like Ace of spadeshq. A lot of the posters are Generation X types, and may be able to steer you in the right direction. Keep the faith. Lots of people are waking up now, and just being able to communicate helps.
Congressman Hoyer has been taking care of Maryland for a long time. He must be tired and we should really retire him in the next election. It's the only right thing to do.
That's right. I agree. I think you misunderstood my post and position.
[...] Majority Leader Steny Hoyer is a dangerous liberal ideologue, but only one among MANY Posted at October 24, 2009 The Education of Congressman Hoyer [...]
You really need to be told specifically that you can't murder? Wow.
But, if you've ever read the Declaration of Independence, you would read the part where it clearly says:
"all men are created equal, that they are endowed by the Creator with certain unalienable Rights, that among these are LIFE, Liberty, and the pursuit of Happiness."
emphasis on the word LIFE.
Yes my mistake. Fancier democrats have found a way to ignore their conscience when it tells them what they are attempting is exceptionally wrong. They have learned how to ignore that a long time ago since they are the fancy ones.
[...] The Education of Congressman Hoyer by Dr. Paul [...]
Yeah but that movie was pretty awful and the underlying ideology was that the good guys were Dems.
1. This article mentions the police power. Under well-established and recent SCOTUS precedent interpreting the Constitution, Congress, even under the Commerce Clause, plainly lacks the Constitutional authority that a State has to exercise the general police power to compel behavior. See, for example, U.S. v. Lopez, 514 U. S. 549 (1995), at 566 ("The Constitution … withhold[s] from Congress a plenary police power"); id., at 584-585 (Thomas, J., concurring) ("[W]e always have rejected readings of the Commerce Clause and the scope of federal power that would permit Congress to exercise a police power"); see also, U.S. v. Morrison, 529 U.S. 598 (2000).
2. Congress' constitutional grant of power to enact laws is limited by other provisions of the Constitution with which that grant of power conflicts. Depending on the facts, a tax, fine, fee or penalty can certainly be arbitrary, excessive and/or a confiscatory taking of private property in violation of the 5th and 8th Amendments of the Constitution.
So, regardless of what Obama and the Democrat Congress might want Americans to accept as true, the fact of the matter is that the federal government lacks the Constitutional authority for a universal health insurance mandate which violates individual rights.
Well, I agree that the ideology at the time was that the dems were the good guys… but I didn't see it then. I saw it this summer and it startled me how the Obama administration fit the government mold… much better in reality now then the Bush administration did at the time.
So watch it again with new eyes…. It is funny how the liberals are the government they supposedly were warning us about! I appreciate your opinion though. I doubt I would have liked this movie before the big O was elected.
[...] correct counter-terrorism A totally silly yet deadly serious farce The Education of Congressman Hoyer Literally at our expense Freakonomics Revenge: Authors That Credited Abortion for Lower Crime Now [...]
The Preamble: "and secure the Blessings of Liberty to ourselves and our Posterity".
that comes under the "no murder" idea we have in society. You know, how it's wrong to kill another human? yeah that you moron.
The Constitution is whatever Hoyer and his criminal band of Democrats what it to be.
Just wondering how many do you personally know that have had Swine Flu? I am living in an area that is suppose to be a hot spot, yet none of my friends or family have come down with any flu? I just do not see the outbreak, anyone see it? No crowded Hospitals etc..The powers that Obama enhanced to himself are more scary to me then the flu.
I Agree. I'm 67 years old and WANT to work til I die but found no employer is willing to hire anyone Seniors except at minimum wage such as Security Guard etc. Very difficult now as younger able people can' tfind decent work either with unemployment at 10%. My last manager asked me how much longer will I work and replied "til I died". As he did not want older people he fired me after 18 years of loyal service. De facto Age discrimination but I have no recorse. I have some neighbors who depend on Social Security to stay alive, buying the scraps at supermarkets to survive. During thier working life there was NO 401k or pensions offered and NO ONE will hire them. No solutions or Answers.
Thank you Dr. Moreno. More constitutional arguments here:
http://tracywaltersblog.blogspot.com/2009/10/abse...
Good Post. The Stupidity of "A Living Breathing Document" means there is No document. The ONLY way it can be changed is by Constitutional Convention and this is the Meaning of a FLEXIBLE Document. Only by Amendment.
Silly.
"General Welfare" means whatever the hell the 'Democratic' Congress wants it to. Kind of like the 'and other duties as required' clause of most job descriptions.
It doesn't say that abortions or forbidden. Nor are they granted. Each state has the ability to rule in this area. It does set laws on murder and thus the Victicrat view that a 'mass' of tissue is a mass when you want it dead but a baby if a gang banger kills a pregnant woman from San Fran, double murder that is, how can this be if it is mass of tissue?
Amendment 14 Section 1
"No state shall make or enforce any law which shall abridge the privledges or immunities of citizens of the United States; nor shall any State deprive any person of LIFE, liberty or property without due process of law"
I'm with ya big guy, fortunately for me being a parts goon is pretty much a timeless gig. And those who excel at it keep going. When i was a manger type, I always looked for the retired, or close to retired guys to drive for me. They were always on time, got the job done, and were easy on the equipment. Hard to find that nowadays. Maybe look in to becoming a contracted delivery guy. There is a market where experience is held more highly. I wish you good luck.
I wonder what the founders would think of our welfare state of today? Didnt they get unemployment checks back then? I think they had a cash for Old horses program
3 minute podcast discusses the limits the Founders put on the General Welfare clause here: http://freedomformula.mypodcast.com/2008/06/Gener...
Nice try, troll. What womyn's studies prof taught you that zinger ?
To spare those of us who paid attention in Civics or American History a repeated lesson here, do one thing for me: Ask them if ACORN is briefing the Constitution's silence on child prostitution, tax evasion and perjury for the upcoming show trial and report your findings. Remember to show your work.
Good points, but lets not forget the "war on drugs", the biggest failure of government policy ever, yet they continue to inflict more harm, and death, because of prohibition, than prohibition prevents. They're terrorists.