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Jill Lawrence
@JillDLawrence
My new column is probably the only #CaliforniaRecall piece today (or ever?) that quotes Patrick Henry: Telling the truth about Republicans and #COVID19 is a winner https://usatoday.com/story/opinion/2021/09/15/california-recall-covid-truths-fueled-democratic-win/8338737002/
via @usatoday @usatodayopinion #CaliforniaRecallElection #California
Timothy Sandefur
@TimothySandefur
This article begins with an untrue statement. It is not the constitutional role of politicians to “promote the general welfare.” It is the Constitution itself that “promotes the general welfare.” Politicians’ job is to obey the Constitution.
9:56 AM · Sep 15, 2021
Timothy Sandefur
@TimothySandefur
Replying to @TimothySandefur
Politicians ALWAYS say that what they’re doing—no matter how dumb, corrupt, futile, or illegal—will “promote the general welfare.” If that’s the limit on their power then there is NO limit to their power.
Thus the Constitution limits the ability of politicians to do things to you in the service of what they consider to be “the general welfare.”
“To provide for the general welfare, is an abstract proposition, which mankind differ in the explanation of, as much as they do on any political or moral proposition that can be proposed; the most opposite measures may be pursued by different parties, & both may profess that they
have in view the general welfare; & both sides may be honest in their professions, or both may have sinister views… It is as absurd to say, that the power of Congress is limited by these general expressions, "to provide for the common safety, & general welfare," as it would be
to say that it wd be limited, had the Constn said they should have power to lay taxes &c at will & pleasure. Were this authority given, it might be said that under it the legislature could not do injustice, or pursue any measures, but such as were calculated to promote the public
good & happiness. For every man, rulers as well as others, are bound by the immutable laws of God & reason always to will what is right. It is certainly right and fit, that the governors of every people shd provide for the common defence & general welfare; every govt, therefore,
good & happiness. For every man, rulers as well as others, are bound by the immutable laws of God & reason always to will what is right. It is certainly right and fit, that the governors of every people shd provide for the common defence & general welfare; every govt, therefore,
in the world, even the greatest despot, is limited in the exercise of his power. But however just this reasoning may be, it wd be found in practice a most pitiful restriction. The govt would always say their measures were designed & calculated to promote the public good, & there
being no judge between them and the people, the rulers themselves must, and would always, judge for themselves.”
https://press-pubs.uchicago.edu/founders/documents/a1_8_1s8.html
Learn more:
The Conscience of the Constitution
https://www.cato.org/books/conscience-constitution