The Three Clauses the Federal Government Abuses to Evade the Enumerated Powers Limitation

by Joanna Martin aka Publius Huldah

The “taxing and general welfare” clause:

1. I, §8, cl. 1: Congress has Power to lay Taxes, pay debts, and provide for the common Defense and general Welfare of the United States.
2. Progressives say the federal government may levy taxes for any purpose whatsoever; and do whatever serves their conception of the “general Welfare”.
3. In Federalist Paper No. 41 (last 4 paras), James Madison shows that Art. I, § 8, cl.1employs “general terms” which are “immediately” followed by the “enumeration of particular powers” which “explain and qualify”, by a “recital of particulars”, the general terms. So it is “error” to focus on the “general expressions” and disregard “the specifications which ascertain and limit their import”; thus, to argue that the general expression provides “an unlimited power” is “an absurdity”.

The “interstate commerce” clause:

1. I, §8, cl. 3: Congress has Power to regulate Commerce among the several States…
2. Progressives say this clause gives Congress “extensive powers” over “the national economy” & “national issues”.
3. Webster’s American Dictionary (1828) says “commerce” is the buying and selling of goods. That’s all it is.
4. Federalist No. 22 (4th para), Federalist No. 42 (9th &10th paras), Federalist No. 44 (at2.), and Federalist No. 56 (5th & 6th paras), prove the two purposes of the “interstate commerce” clause:
5. To prohibit the States from imposing taxes and tolls on merchandize as it is transported through the States for purposes of buying and selling; and
6. To permit the federal government to impose duties on imports and exports, both inland and abroad.

That’s all it does!

The “necessary and proper” clause:

1. I, §8, last clause: Congress has Power to make all Laws which are “necessary and proper” to carry out all enumerated powers of each branch of the federal government.
2. Progressives say this clause permits Congress to make Laws which are “necessary” or “proper” to carry out whatever particular program they think is a good idea.
3. But the Federalist Papers prove that the clause merely permits the execution of powers already delegated and enumerated in the federal Constitution. No additional substantive powers are granted by this clause: Federalist No. 29, 4th para; Federalist No. 33, 2nd &3rd paras; and Federalist No. 44, at 1.

These 3 clauses are important because they are the 3 clauses the federal government has perverted to such an extent that they have wiped out The Basic Principle of our Constitution:

“That it is one of “enumerated powers” only” whose purpose is to limit the federal government to its proper role.