Ah, those crazy Framers
Oct 20th, 2004 by Jason
So, … if below are the only 18 powers given by the Constitution to the federal government, and anything NOT listed there is supposed to be the matter of the states, how they hell did things like marriage and education ever become federal in the first place?!?!
I think I might be libertarian-curious, but don’t tell anybody.
US Constitution, Article 1, Section 8:
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And
Clause 18: 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. >
because states were using their autonomy to do bad things (like slavery, preventing women from voting), the federal government slowly started making the states meet minimum requirements. Like, you don’t have to like black people, but you can’t make them do work if you don’t pay them. Or, you don’t have to provide kids with a *good* education, but you do have to give them something. (for the record, the supreme court has declared that there is no fundamental right to education.)
let’s face it, the power of the states has been dwindling for the past 100 years, and that’s a good thing. The states can still act as labs for new legislative ideas (like marriage in Massachusetts). The real clincher is Clause 18.
Besides, just because the Constitution as expressly written was a terrific idea in 1774, doesn’t mean that it passes muster today. Rather than reflexively saying “but that’s not what the constitution says!” we should all be asking, “what *should* the constitution say?” I think we’re a better country now than we were a century ago in the realm of states having fewer rights and the federal government having more. But that’s just me.
And the constitution was even a better idea in 1787 when it was written
sigh. declaration of independence, constitution.
details.
that was a dumb mistake, wasn’t it?