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Old 09-28-2009, 10:06 PM   #18 (permalink)
jungle
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Joined APC: Jan 2006
Position: Burning the Agitprop of the Apparat
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Quote:
Originally Posted by ppilot View Post
What is your basis for believing this?
Did you look at that article on unfunded liabilities? Regardless of what one may believe with regard to welfare expenditures, the real question is can we sustain the current path into the near term future. All evidence indicates that we cannot. The path must be altered, that is very clear and not really a point of contention.

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This narrow view was later overturned in United States v. Butler. There, the Court agreed with Justice Story's construction, holding the power to tax and spend is an independent power; that is, 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. The Court wrote:

“ [T]he [General Welfare] clause confers a power separate and distinct from those later enumerated, is not restricted in meaning by the grant of them, and Congress consequently has a substantive power to tax and to appropriate, limited only by the requirement that it shall be exercised to provide for the general welfare of the United States. … It results that the power of Congress to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution. … But the adoption of the broader construction leaves the power to spend subject to limitations. … [T]he powers of taxation and appropriation extend only to matters of national, as distinguished from local, welfare.
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Spending, for whatever purpose, has limits-not those limits placed by a court, but limits placed by the hard reality of economics. At some point, the right to an individual's property(time, money, life) has to be considered in the total equation.
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