Article 1 Section 8 of the Constitution

Below is A1S8. My analysis is at the end.


Section 8.

8.1 The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

8.2 To borrow money on the credit of the United States;

8.3 To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

8.4 To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

8.5 To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

8.6 To provide for the punishment of counterfeiting the securities and current coin of the United States;

8.7 To establish post offices and post roads;

8.8 To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

8.9 To constitute tribunals inferior to the Supreme Court;

8.10 To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

8.11 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

8.12 To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

8.13 To provide and maintain a navy;

8.14 To make rules for the government and regulation of the land and naval forces;

8.15 To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

8.16 To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

8.17 To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

8.18 To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.


Now, note the phrase 'General Welfare' in section 1.


8.1 The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

This is improperly construed to mean that the federal government can make any law it pleases. What this means is a tax can be levied to pay debt, to pay for defense, and to WAIT!!!!!!!! The phrase is "provide for the common defense and general welfare of the United States." This implies that the general welfare of the United States means the welfare of the nation's sovereignty. This in no way means healthcare. The Welfare clause is applied to the welfare of the nation AS an independent sovereign nation.


Now, note 'necessary and proper' in section 18

8.18 To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

This implies that congress may pass laws as needed to carry out 8.1 through 8.17.
This would be correct.



HOWEVER ......there is a catch. The catch is this

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

The first 10 amendments.


So the enumerated powers are restricted by the amendments.





- Posted using The dark side of the shwartz.