Resolved: The US founding fathers were Socialist

1. The U.S. Constitution permits socialist policies A. Redistribution of wealth I. Due Process My opponent claims that the 5th amendment's Due Process clause allows the Government to take Life, Liberty, and Property from individuals through legislation. This is wrong, and is a gross misuse of the definition of Due Process. (n) due process, or due process of law ((law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards) [1] Due process is a Judicial Process, not a legislative process as Pro claims. Life, Liberty, and Property can thus only be taken from convicts. II. Just Compensation My opponent claims that the taking clause permits redistribution of wealth, but the fact that just compensation is required, means that it is not redistributing wealth. For one to redistribute wealth, one must take the property without just compensation. (adj) equitable, just (fair to all parties as dictated by reason and conscience) [2] (n) compensation (something (such as money) given or received as payment or reparation (as for a service or loss or injury)) [3] (n) redistribution (distributing again) [4] (v) distribute (spread throughout a given area)[5] Both clauses better serve to prove, that the founders were not socialist, and that they even attempted to prevent socialism. B. Government spending I. Roads The Federal Government is only allowed to establish Post Roads, such as the interstate. Article 1 Section 8 states "[Congress shall have the Power] To establish Post Offices and Post Roads;" [6] (n) post road (a road over which mail is carried) [7] The local governments create local roads, because it is the locals who use those roads. II. Public School The Federal Government does not have the authority, according to the constitution, to create public schools, nor pay for people's education. The original Department of Education was created in 1867, and only served to collect information on educational standards. [8] Today, public schools are still locally funded, however the new Department of education, unconstitutionally pays loans and grants to students. III. General Welfare I already addressed the General Welfare Clause in round 1, the word General Welfare was used in a restrictive sense, and granted no power the the Federal Government. The constitution reads; "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;" [9] The Hamilton quote by Pro was not concerning congress's authority to do what ever they want, but rather the power to tax. Again, General Welfare was used in a restrictive sense, and Hamilton was attempting to explain that General Welfare referred to General Legislation. In other words, Hamilton was agreeing that a bill could be funded by tax, not that a bill could be passed. The General Welfare clause restricted taxation to having an approved purpose. The quote basically said, Congress's power to tax is vague, and objects to which congress may appropriate taxes, is also vague. Thus congress may appropriate taxes to what ever legislation congress decides needstax payer funding. The quote in no way says anything about legislating, only about taxation, and appropriation of taxes. Also the 1824 Gibbons v. Ogden case concluded that "Congress is authorized to lay and collect taxes, &c. to pay the debts and provide for the common defence and general welfare of the United States. ... Congress is not empowered to tax for those purposes which are within the exclusive province of the States." [10] The 1936 Supreme Court case of, the United States vs Butler, later agreed with Associate Justice Story's interpretation. [11][12] C. Government regulation of the economy I. Federalist Paper #26 Pro's quote says nothing about economic regulation. The full quote states; "The idea of restraining the legislative authority, in the means of providing for the national defense, is one of those refinements which owe their origin to a zeal for liberty more ardent than enlightened. We have seen, however, that it has not had thus far an extensive prevalency;... It may be affirmed without the imputation of invective, that if the principles they inculcate, on various points, could so far obtain as to become the popular creed, they would utterly unfit the people of this country for any species of government whatever. But a danger of this kind is not to be apprehended. The citizens of America have too much discernment to be argued into anarchy. And I am much mistaken, if experience has not wrought a deep and solemn conviction in the public mind, that greater energy of government is essential to the welfare and prosperity of the community. " [13] Thus the quote had nothing to do with economic regulation, but rather preventing anarchy. II. Commerce Clause The commerce clause in Article 1 section 8 states; "[The Congress shall have Power]To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" [9] In other words Congress only has the power to regulate Interstate, and International Commerce. The power is further limited by section 9, which states; "No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another." [14] This gives insight into what the founders viewed as commercial regulation. The founders viewed regulations as only applying to imports and exports, not what it has evolved into today. 2. Founding Father's views I. Federalist Party The founders were not Socialist by any means, and Hamilton's Federalist Party was i the minority compared to Jefferson's Republican Party (Later called the Democratic-Republican Party by historians). The Federalist Party was not socialist, but rather they were Nationalsts. The Federalists believed in something called economic nationalism, where the nation's commercial interest was seen as superior to local or foreign interests. The Federalists' economic platform was; funding of the old Revolutionary War debt the assumption of state debts passage of excise laws creation of a central bank maintenance of a tariff system favorable treatment of American shipping [15] They by no means favored redistribution of wealth, however they did push for a strong central government. II. Hamilton was an Individualist At the 1787 Constitutional Convention, Hamilton gave a speech, in which he said, "Every individual of the community at large has an equal right to the protection of government." [16] III. Hamilton was for a strict constitution In Federalist paper No. 32, Hamilton wrote; "But as the plan of the [Constitutional] convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States." [17] Sources; Ran out of space, because there was too many sources; I had to create a new debate, here is the a link http://www.debate.org...