Today’s Silly Liberal moment is brought to you courtesy of the Center for American Progress.
This last power, the authority to raise and spend money, is among Congress’s broadest powers. Under the Constitution, national leaders are free to spend money in any way they choose so long as they do so to “provide for the common defense and general welfare of the United States.” For this reason, laws such as Medicare and Social Security are obviously constitutional because they both raise and spend money to the benefit of all Americans upon their retirement.
If Millhiser is right then what purpose does the 10th Amendment serve?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
If the Federal Government can raise and spend money for any purpose so long as they make a case it’s for the “general welfare of the United States” then what powers are reserved for the States or the People? Subversive ones? That is to say, ones that do not enhance the general welfare of the United States?
The Tenth Amendment to the Constitution is a part of the Bill of Rights and is – at least in theory – a cherished part of America. As an Amendment to the Constitution, the Tenth Amendment also trumps any text in the original document since it is an amendment.
It is also vitally important to remember that a majority of the States refused to ratify the Constitution without the Bill of Rights. These are the highest laws in the United States of America and they should not be trampled upon so lightly.