danielpalos
Diamond Member
- Banned
- #481
yet, the right wing prefers to blame the Poor instead of abolish non-express powers.I have read our Constitution.our defense clause is Common not General.we don't have a general defense clause, Troll.
The clause about war goes like this:
{...
Article I, Section 8, Clause 11 of the United States Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording:
[The Congress shall have Power...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
...}
But I would not call this a general warfare clause or defense clause.
That is because constitutional clauses are typically not supposed to be general, but very specific, and defense does not require anything, since it is under emergency powers.
Which are the following:
{...
The United States Constitution explicitly provides some emergency powers:
...}
- Congress may authorize the government to call forth the militia to execute the laws, suppress an insurrection or repel an invasion.
- Congress may authorize the government to suspend consideration of writs of habeas corpus "when in cases of rebellion or invasion the public safety may require it."
- Felony charges may be brought without presentment or grand jury indictment in cases arising "in the militia, when in actual service in time of war or public danger."
- A state government may engage in war without Congress's approval if "actually invaded, or in such imminent Danger as will not admit of delay."
Our welfare clause is General and we have an express Commerce Clause.
Actually there is no clause in the Constituation about common defense, that is just briefly mentioned in the preamble.
{...
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
...}
I would not say the preamble could be used in a court of law in order to justify something.
Here are the general powers delegated to Congress:
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;
I see, the term "gerneral" does not need to be a quote but a description of generic duties and means.
Although whenever I get into a constitutional discussion, it always hits me that the federal War on Drugs, federal gun control, executive undeclared wars, etc., are totally illegal.