NKOW YOUR RIGHTS AND FOUNDATIOM ON WHY TAXES WAS CREATED.. AND THAN WE SHALL TAKE OUR PROOF THAT GOVERNMENTI VOILATING THE LAW AND THIS CONTRACT AND DEMAND LEGAL RIGHT OF REFUSAL...
The people can't get the Assistance on merits the taxes where set up in the first place!!!!!!!!!
All funds goes into governmentemployees pocket and funds for the people are began denied and used by all government employees Not In Need ... And they fuck the rest....
Now it's time for History...
The United States Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. The U.S. Supreme Court has held the mention of the clause in the Preamble to the U.S. Constitution "has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments."[3][4]
The Supreme Court held the understanding of the General Welfare Clause contained in the Taxing and Spending Clause adheres to the construction given it by Associate Justice Joseph Story in his 1833 Commentaries on the Constitution of the United States.[5][6] Justice Story concluded that the General Welfare Clause is not a grant of general legislative power,[5][7] but a qualification on the taxing power[5][8][9] which includes within it a federal power to spend federal revenues on matters of general interest to the federal government.[5][10][11] The Court described Justice Story's view as the "Hamiltonian position",[5] as Alexander Hamilton had elaborated his view of the taxing and spending powers in his 1791 Report on Manufactures. Story, however, attributes the position's initial appearance to Thomas Jefferson, in his Opinion on the Bank of the United States.[12]
These clauses in the U.S. Constitution are an atypical use of a general welfare clause, and are not considered grants of a general legislative power to the federal government.[13]
Historical debate and pre-1936 rulings Edit
In one letter, Thomas Jefferson asserted that “[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.”[14][15]
In 1824 Chief Justice John Marshall described in an obiter dictum a further view on the limits on the General Welfare Clause in Gibbons v. Ogden: "Congress is authorized to lay and collect taxes, &c. to pay the debts and provide for the common defence and general welfare of the United States. ... Congress is not empowered to tax for those purposes which are within the exclusive province of the States."[16]
The historical controversy over the U.S. General Welfare Clause arises from two distinct disagreements. The first concerns whether the General Welfare Clause grants an independent spending power or is a restriction upon the taxing power. The second disagreement pertains to what exactly is meant by the phrase "general welfare."
The two primary authors of The Federalist essays set forth two separate, conflicting interpretations:[Note 1]
James Madison explained his "narrow" construction of the clause in Federalist No. 41: "Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power “to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,’’ amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases."
Madison also advocated for the ratification of the Constitution at the Virginia ratifying convention with this narrow construction of the clause, asserting that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax.[17][18]
Alexander Hamilton, only after the Constitution had been ratified,[19] argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[20]
This debate sufaced in Congress in 1790, when Madison strongly criticized Hamilton's Report on Manufacturing and industry on the grounds that Hamilton was construing his broad interpretation of the clause as a legal basis for his extensive economic programs.[21]
While Hamilton's view prevailed during the administrations of Presidents Washington and Adams, historians argue that his view of the General Welfare Clause was repudiated in the election of 1800, and helped establish the primacy of the Democratic-Republican Party for the subsequent 24 years.[22]
Prior to 1936, the United States Supreme Court had imposed a narrow interpretation on the Clause, as demonstrated by the holding in Bailey v. Drexel Furniture Co.,[23] in which a tax on child labor was an impermissible attempt to regulate commerce beyond that Court's equally narrow interpretation of the Commerce Clause. This narrow view was later overturned in United States v. Butler. There, the Court agreed with Associate Justice Joseph Story's construction in Story's 1833 Commentaries on the Constitution of the United States. Story had concluded that the General Welfare Clause was not a general grant of legislative power, but also dismissed Madison's narrow construction requiring its use be dependent upon the other enumerated powers. Consequently, the Supreme Court held the power to tax and spend is an independent power and that the General Welfare Clause gives Congress power it might not derive anywhere else. However, the Court did limit the power to spending for matters affecting only the national welfare.
Shortly after Butler, in Helvering v. Davis,[24] the Supreme Court interpreted the clause even more expansively, disavowing almost entirely any role for judicial review of Congressional spending policies, thereby conferring upon Congress a plenary power to impose taxes and to spend money for the general welfare subject almost entirely to Congress's own discretion. Even more recently, in South Dakota v. Dole[25] the Court held Congress possessed power to indirectly influence the states into adopting national standards by withholding, to a limited extent, federal funds. To date, the Hamiltonian view of the General Welfare Clause predominates in case law.
Individual states Edit
The state of Alabama has had six constitutions. The Preamble of the 1865 Alabama Constitution notes one purpose of the document to be to "promote the general welfare,"[26] but this language is omitted from the 1901 Alabama Constitution.
Article VII of the Constitution of Alaska, titled "Health, Education, and Welfare", directs the legislature to "provide for the promotion and protection of public health" and "provide for public welfare".
Article IV of the Constitution of Massachusetts provides authority for the state to make laws "as they shall judge to be for the good and welfare of this commonwealth."[27] The actual phrase "general welfare" appears only in Article CXVI, which permits the imposition of capital punishment "the purpose of protecting the general welfare of the citizens".[27]
Notes
Join the fight, as we broke from the British foR there injustice Taxes...
WE MUST FIGHT FOR I BASIC NEEDS OR BASIC LIVELYHOOD TO BE ABLE TO JUST PROVIDE A ROOF OVER OUR CHILDREDS HEAD AND FEED OUR FAMILIES AND BE ABLE TO PAY OUR ULUITIES AND INTERNET BILL.. !!#!
TOO LONG HAVE I SEEN THE PEOPLE SUFFER... AND I BEEN RIGHT BESIDE YOU ALL THROUGH THE SUFFERING ... GREED OF THE FEW SHOULD NOT HAVE NEEDS OF THE MAJORITY SUFFERING!!!
UNITIFED AND WE SHALL ONCE AGAIN TEULY MAKE AMERICA RIGHT AGAIN JUST LIKE OUR FOR FATHERS..
LET MAKE A LEGAL BILL AND LAW TO REFUSAL TO PAY TAXES TOWARDS THE FUNDS ATE NOT GOING WHERE THE PRINCIPLE TAXES WAS CREATED!!!!..
LET THE PEOPLE OF PEOPLE OF THERE OWN STATE AND CITY AND CHARITIES DIVIDE UP OUR EARRINGD AND INSURE THE FUNDS ACTULLY GO AND USE AS THERE INTENDED#!!...
CALIFORNIA HOLD 85% OF ITS CITIZENS OF ALL UNITIFED STATES.. 85% LIVE IN CALIFORNIA!! AND ARE SUFFERING... CAUSE Of Greed... and misuse of FederalFunds ... and lying on what was actually need.. well no more.. cut it off..
We shall not ignoreven the cry of the peopleof the majority..
Let's fight by legal action .. !!!
So stay tune...
We shall create a bill... and need sing ture of the people to move the bill to senate..
So can I count on the people to sign the bill for our living hood, and making the vote yes once on ballet.. so it becomes a law!!!
So far I have found this;
The people can't get the Assistance on merits the taxes where set up in the first place!!!!!!!!!
All funds goes into governmentemployees pocket and funds for the people are began denied and used by all government employees Not In Need ... And they fuck the rest....
Now it's time for History...
The United States Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. The U.S. Supreme Court has held the mention of the clause in the Preamble to the U.S. Constitution "has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments."[3][4]
The Supreme Court held the understanding of the General Welfare Clause contained in the Taxing and Spending Clause adheres to the construction given it by Associate Justice Joseph Story in his 1833 Commentaries on the Constitution of the United States.[5][6] Justice Story concluded that the General Welfare Clause is not a grant of general legislative power,[5][7] but a qualification on the taxing power[5][8][9] which includes within it a federal power to spend federal revenues on matters of general interest to the federal government.[5][10][11] The Court described Justice Story's view as the "Hamiltonian position",[5] as Alexander Hamilton had elaborated his view of the taxing and spending powers in his 1791 Report on Manufactures. Story, however, attributes the position's initial appearance to Thomas Jefferson, in his Opinion on the Bank of the United States.[12]
These clauses in the U.S. Constitution are an atypical use of a general welfare clause, and are not considered grants of a general legislative power to the federal government.[13]
Historical debate and pre-1936 rulings Edit
In one letter, Thomas Jefferson asserted that “[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.”[14][15]
In 1824 Chief Justice John Marshall described in an obiter dictum a further view on the limits on the General Welfare Clause in Gibbons v. Ogden: "Congress is authorized to lay and collect taxes, &c. to pay the debts and provide for the common defence and general welfare of the United States. ... Congress is not empowered to tax for those purposes which are within the exclusive province of the States."[16]
The historical controversy over the U.S. General Welfare Clause arises from two distinct disagreements. The first concerns whether the General Welfare Clause grants an independent spending power or is a restriction upon the taxing power. The second disagreement pertains to what exactly is meant by the phrase "general welfare."
The two primary authors of The Federalist essays set forth two separate, conflicting interpretations:[Note 1]
James Madison explained his "narrow" construction of the clause in Federalist No. 41: "Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power “to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,’’ amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases."
Madison also advocated for the ratification of the Constitution at the Virginia ratifying convention with this narrow construction of the clause, asserting that spending must be at least tangentially tied to one of the other specifically enumerated powers, such as regulating interstate or foreign commerce, or providing for the military, as the General Welfare Clause is not a specific grant of power, but a statement of purpose qualifying the power to tax.[17][18]
Alexander Hamilton, only after the Constitution had been ratified,[19] argued for a broad interpretation which viewed spending as an enumerated power Congress could exercise independently to benefit the general welfare, such as to assist national needs in agriculture or education, provided that the spending is general in nature and does not favor any specific section of the country over any other.[20]
This debate sufaced in Congress in 1790, when Madison strongly criticized Hamilton's Report on Manufacturing and industry on the grounds that Hamilton was construing his broad interpretation of the clause as a legal basis for his extensive economic programs.[21]
While Hamilton's view prevailed during the administrations of Presidents Washington and Adams, historians argue that his view of the General Welfare Clause was repudiated in the election of 1800, and helped establish the primacy of the Democratic-Republican Party for the subsequent 24 years.[22]
Prior to 1936, the United States Supreme Court had imposed a narrow interpretation on the Clause, as demonstrated by the holding in Bailey v. Drexel Furniture Co.,[23] in which a tax on child labor was an impermissible attempt to regulate commerce beyond that Court's equally narrow interpretation of the Commerce Clause. This narrow view was later overturned in United States v. Butler. There, the Court agreed with Associate Justice Joseph Story's construction in Story's 1833 Commentaries on the Constitution of the United States. Story had concluded that the General Welfare Clause was not a general grant of legislative power, but also dismissed Madison's narrow construction requiring its use be dependent upon the other enumerated powers. Consequently, the Supreme Court held the power to tax and spend is an independent power and that the General Welfare Clause gives Congress power it might not derive anywhere else. However, the Court did limit the power to spending for matters affecting only the national welfare.
Shortly after Butler, in Helvering v. Davis,[24] the Supreme Court interpreted the clause even more expansively, disavowing almost entirely any role for judicial review of Congressional spending policies, thereby conferring upon Congress a plenary power to impose taxes and to spend money for the general welfare subject almost entirely to Congress's own discretion. Even more recently, in South Dakota v. Dole[25] the Court held Congress possessed power to indirectly influence the states into adopting national standards by withholding, to a limited extent, federal funds. To date, the Hamiltonian view of the General Welfare Clause predominates in case law.
Individual states Edit
The state of Alabama has had six constitutions. The Preamble of the 1865 Alabama Constitution notes one purpose of the document to be to "promote the general welfare,"[26] but this language is omitted from the 1901 Alabama Constitution.
Article VII of the Constitution of Alaska, titled "Health, Education, and Welfare", directs the legislature to "provide for the promotion and protection of public health" and "provide for public welfare".
Article IV of the Constitution of Massachusetts provides authority for the state to make laws "as they shall judge to be for the good and welfare of this commonwealth."[27] The actual phrase "general welfare" appears only in Article CXVI, which permits the imposition of capital punishment "the purpose of protecting the general welfare of the citizens".[27]
Notes
Join the fight, as we broke from the British foR there injustice Taxes...
WE MUST FIGHT FOR I BASIC NEEDS OR BASIC LIVELYHOOD TO BE ABLE TO JUST PROVIDE A ROOF OVER OUR CHILDREDS HEAD AND FEED OUR FAMILIES AND BE ABLE TO PAY OUR ULUITIES AND INTERNET BILL.. !!#!
TOO LONG HAVE I SEEN THE PEOPLE SUFFER... AND I BEEN RIGHT BESIDE YOU ALL THROUGH THE SUFFERING ... GREED OF THE FEW SHOULD NOT HAVE NEEDS OF THE MAJORITY SUFFERING!!!
UNITIFED AND WE SHALL ONCE AGAIN TEULY MAKE AMERICA RIGHT AGAIN JUST LIKE OUR FOR FATHERS..
LET MAKE A LEGAL BILL AND LAW TO REFUSAL TO PAY TAXES TOWARDS THE FUNDS ATE NOT GOING WHERE THE PRINCIPLE TAXES WAS CREATED!!!!..
LET THE PEOPLE OF PEOPLE OF THERE OWN STATE AND CITY AND CHARITIES DIVIDE UP OUR EARRINGD AND INSURE THE FUNDS ACTULLY GO AND USE AS THERE INTENDED#!!...
CALIFORNIA HOLD 85% OF ITS CITIZENS OF ALL UNITIFED STATES.. 85% LIVE IN CALIFORNIA!! AND ARE SUFFERING... CAUSE Of Greed... and misuse of FederalFunds ... and lying on what was actually need.. well no more.. cut it off..
We shall not ignoreven the cry of the peopleof the majority..
Let's fight by legal action .. !!!
So stay tune...
We shall create a bill... and need sing ture of the people to move the bill to senate..
So can I count on the people to sign the bill for our living hood, and making the vote yes once on ballet.. so it becomes a law!!!
So far I have found this;
So there still so much to research... but it worth it... and once inform we can lawyer up and get them...
No comments:
Post a Comment