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That Pesky Section 8

Many freedomistas like to base their opposition to various and sundry government programs on the fact that they believe such activity is "unconstitutional." While I almost always join them in their opposition, I frequently don't agree with their grounds.

See, if you actually READ the text of the Constitution, it's hard to conclude that there's little that Congress can't do, aside from what they specifically can't do in the Bill of Rights. Heretical, you say?

Well, Article I, Section 8 makes my point. This is quite a list of things Congress CAN do, topped off by this passage:

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.

A truck can easily drive through this language.

Those who are quick to brand things "unconstitutional" then fall back on the notion of "original intent." Fair enough. Show us where the convention opined on their intent, and perhaps that should be considered.

No, instead, we get pointed to ex parte comments made well before or after by individual Framers. Their case gets reedier and thinner. Most of the time, we have absolutely no idea what the intent was. Yes, of course, the Framers were for constraining and restricting government generally, but the specifics were left to future generations. We've dropped the ball. We should pick it up. But I suggest we do so on the merits, not the flimsy, catch-all "unconstitutional" argument.

-Robert Capozzi

Posted by Robert Capozzi on June 8, 2006 06:29 AM |

Free-for-all (frfr-ôl) -- n. A disorderly fight, argument, or competition in which everyone present participates.

from Dictionary.com



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