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Smackdown2019

(1,169 posts)
Sat Jul 4, 2020, 02:38 PM Jul 2020

promote the general welfare

Our founding fathers have put into the US Constitution of the government responsibility of quarantines.

So any trumpers that declare their constitutional rights... refer to them "promote the general welfare" in the preamble of the US Constitution

In Philadelphia 1793, face coverings were required and Washington had his government worked from home, rather their offices.

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promote the general welfare (Original Post) Smackdown2019 Jul 2020 OP
I've mentioned it right-wingers in the past. Buckeye_Democrat Jul 2020 #1
They treat the constitution like their bibles. Nevilledog Jul 2020 #2
Exactly! Buckeye_Democrat Jul 2020 #3
Not the best argument. Laelth Jul 2020 #4

Buckeye_Democrat

(14,846 posts)
1. I've mentioned it right-wingers in the past.
Sat Jul 4, 2020, 02:41 PM
Jul 2020

They usually say, "That's just in the preamble and doesn't mean anything!"

That's among the more "educated" in their midst, who even know about it.

Nevilledog

(50,676 posts)
2. They treat the constitution like their bibles.
Sat Jul 4, 2020, 02:43 PM
Jul 2020

Pick and choose, then misinterpret, the parts they like. Ignore the rest.

Laelth

(32,017 posts)
4. Not the best argument.
Sat Jul 4, 2020, 04:07 PM
Jul 2020

First off, the words “promote the general welfare” appear in the preamble. These words are not considered law. They’re not an enforceable provision of the Constitution, itself.

Second, this was a serious issue of contention among the founders. States have what we call “police powers.” They can LEGISLATE for the general welfare of their citizens. Can the Federal government do that? No, the founders declared. The federal government can not legislate (pass laws) for the general welfare of the American people. As a compromise, the founders agreed that the federal government may “promote” the general welfare, but it still may not LEGISLATE for the general welfare. It is upon this very ground that Trump is trying to get the SCOTUS to overturn the ACA. Trump says the ACA is an unconstitutional case of the federal government legislating for the general welfare, and that such laws are prohibited by the Constitution. Regrettably, Trump has a point.

The states are free to legislate for the general welfare all they want. Constitutionally, this is not a power that has been granted to the federal government.

-Laelth

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