Evening star., 1950-01-06
No "Welfare State" He Says.
Under Our Constitution

To the Editor OF Inc star:
Before the Constitution OF the United
States was adopted there arose supposltlon
that general welfare" in the Constitution is
a wide-open authorization for Congress to
legislate in all possible cases." This miscon-
ception was demolished by James Madison
Gin paper No. Il, '"The Federalist') by one
question: "Why. then, does the Constitution
enumerate the powers that can be exercised?"
Another attempt to enlarge legislative and
governmental powers was through what is
called "the elastic clause" of the Constitution
(Article I, Section g. Clause 18): ITO make
all laws which shall be necessary and proper
for carrying into execution the foregoing
powers, and ali other powers vested by this
Constitution In the Government OF the
United States, or in any department or Of
ficer thereof" Again the attempt was frus-
trated by the words foregoing powers" (of
Congress- and powers vested by this Con-
stitution"-only the powers delegated.
mo power to enact any statute is derived
from the preamble The Constitution is the
only source of power authorizing action by
any branch of the Federal Government"
Dorr v. United States, 1876 U. s. 140 Jacob
son v. Massachusetts, 1877 U. S. %; Massachu-
sets v. Mellon 262 U. S. AID
1.-The general welfare clause contains no
provision of power Of itself, to enact any
legislation, but on the contrary, the words
and provide for the common defense and
general welfare is a limitation of the taxing
power of the United States, and that only"
(U. S. v. Boyer, IS Fed 1872: Binns v. United
States, 1874 U. S. 48s; Ward " Maryland IL
Wall. 4180
by the adoption of Constitution the
people limit their own power against the
sudden impulses of mere majorities." 0n re
Duncan, 139 U. S. 461)
Sees Constitutional Limitations.
The politicians obsession that the people
voted for this, that or the other confers on
the United States Government no power to
do anything not authorized by the Constitu-
tion The vote by which a political party
obtains Office is almost always only minor
ity of the registered voters. while the Con-
stitution with its amendments is the act Of
the people OF three-fourths of the States or
more and is the supreme law of the land.
The warning words of Justice Brewer $50
applicable at this time) conscientiously
should be needed Referring to the Tenth
Amendment to the Constitution, he said:
This amendment disclosed widespread fear
that the National Government might, under
the pressure Of a supposed general welfare,
attempt to exercise powers which had not
been granted. With equal determination the
trainers intended that no such assumption
should ever find justification in the organic
act, and if in the future further powers
seemed necessary, they should be granted by
the people in the manner they had provided
for amending that act" (Kansas v. Colorado,
206 U. S. 49,
In plain words, no welfare state or state
socialism can be foisted upon the people Of
the United States without amending, the
Constitution. Amendment 10 Is the peoples
safeguard "The powers not delegated to the
United States by the Constitution, nor pro-
hibited by it to the States. are reserved to the
States respectively, or to the people" No
violation of such reserved rights ever should
be attempted by usurpaion or notification,
for what the United States cannot do di-
rectly 1t Is prohibited from doing indirectly.
No public official is In subjection to any
political party, but all Of them are In honor
bound by oath or affirmation to support the
Constitution of the United States. Fidelity
to this sacred pledge will prevent the people
from being victims of q welfare state or
socialism and free them from administrative
orders or DEGREES to that end
The wise and courageous action Of the
Senate Of the United States, by rejection of
a proposal to create a Department Of We'll
fare" (by a vote Of so to 80, on Tuesday.
August 16 1949) should be beacon light Of
guidance to similar action on all such pro-
posals that invade the peoples rights with
out authority of the Constitution Of the
United States. JOSEPH w. CHENEY.