Saturday, August 19, 2006

systems of education, the poor laws, or the road laws, of the states

While we are on the topic of federal involvement in this country's welfare and medical coverage programs, I thought I would highlight an what Justice Joseph Story says about the general welfare clause of the U.S. Constitution. This is the clause which the Roosevelt Administration and, subsequently, the Supreme Court used to uphold the constitutionality of the Social Security program. In Section 959 of his Commentaries on the Constitution, Story writes:


The power to regulate manufactures, not having been confided to congress, they have no more right to act upon it, than they have to interfere with the systems of education, the poor laws, or the road laws, of the states. Congress is empowered to lay taxes for revenue, it is true; but there is no power to encourage, protect, or meddle with manufactures.

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