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Wednesday, September 13, 2006
Walter E. Williams :: Townhall.com Columnist
Constitution day
by Walter E. Williams
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Each year since 2004, on Sept. 17, we commemorate the 1787 signing of the U.S. Constitution by 39 American statesmen. The legislation creating Constitution Day was fathered by Sen. Robert Byrd and requires federal agencies and federally funded schools, including universities, to have some kind of educational program on the Constitution.

I cannot think of a piece of legislation that makes greater mockery of the Constitution, or a more constitutionally odious person to father it -- Sen. Byrd, a person who is known as, and proudly wears the label, "King of Pork." The only reason that Constitution Day hasn't become a laughingstock is because most Americans are totally ignorant of, or have contempt for, the letter and spirit of our Constitution.

Let's examine just a few statements by the framers to see just how much faith and allegiance today's Americans give to the U.S. Constitution. James Madison is the acknowledged father of the Constitution. In 1794, when Congress appropriated $15,000 for relief for French refugees who fled from insurrection in San Domingo (now Haiti) to Baltimore and Philadelphia, James Madison said disapprovingly, "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

Today, at least two-thirds of a $2.5 trillion federal budget is spent on "objects of benevolence." That includes Medicare, Medicaid, Social Security, aid to higher education, farm and business subsidies, welfare, etc., ad nauseam. James Madison's vision was later expressed by Rep. William Giles of Virginia, who condemned a relief measure for fire victims. Giles insisted that it was neither the purpose nor a right of Congress to "attend to what generosity and humanity require, but to what the Constitution and their duty require."

Some presidents had similar constitutional respect. In 1854, President Franklin Pierce vetoed a bill to help the mentally ill, saying, "I cannot find any authority in the Constitution for public charity," adding that to approve the measure "would be contrary to the letter and the spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded."

President Grover Cleveland vetoed many congressional appropriations, often saying there was no constitutional authority for such an appropriation. Vetoing a bill for relief charity, President Cleveland said, "I can find no warrant for such an appropriation in the Constitution, and I do not believe that the power and duty of the General Government ought to be extended to the relief of individual suffering which is in no manner properly related to the public service or benefit."

Constitutionally ignorant people might argue that the Constitution's "general welfare" clause justifies today's actions by Congress. Here's what James Madison said: "If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions." Thomas Jefferson echoed, in a letter to Pennsylvania Rep. Albert Gallatin, "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."

James Madison explained the constitutional limits on federal power in Federalist Paper No. 45: "The powers delegated by the proposed Constitution to the federal government are few and defined . . . [to] be exercised principally on external objects, as war, peace, negotiation, and foreign commerce."

Here are my questions to you: Has our Constitution been amended to authorize federal spending on "objects of benevolence"? Or, is it plain and simple constitutional contempt by Congress, the president, the courts and, worst of all, the American people? Or, am I being overly pessimistic and it's simply a matter of constitutional ignorance?

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About The Author
Dr. Williams serves on the faculty of George Mason University as John M. Olin Distinguished Professor of Economics and is the author of More Liberty Means Less Government: Our Founders Knew This Well.
 
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Do kids learn about the Constitution?
Do schools even teach about the Constitution any more these days? Even the Supreme Court Justices now seem to interpret it as a list of suggestions.

Blaming the Supreme Court?
Blaming the Supreme Court first requires that the Constitution seeks to limit the States authority over eminent domain activity. The Fifth Amendment clause on eminent domain applies to the Federal government and the insistence the fourteenth amendment intended to give the feds authority in these cases is seriously flawed. I agree with the decision but not the logic the Supreme Court used to get there. The constitution does not limit the States’ Eminent Domain authority. The problem resides in the Constitution of the state of Connecticut and needs to be fixed there.

It further interests me the taking itself did not seem to get much attention, until the Supreme Court decided it didn’t have a basis to intervene. That seemed to put the issue on fire, not the taking itself. Plus the federal government takes about two and one half trillions of dollars every year of our property and uses very little of it for public use. Please, let us hear some complaints about that, now and again.
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