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Letter writer Bill Arp (BDN, March 10-11) asks, “What article of the Constitution gives the federal government authority to spend taxpayers’ money on any educational program?” The simple answer is Article I.
Specifically, section viii. Line one gives the Congress the power to “lay and collect taxes” to provide, among other things, for the general welfare. Line 18 goes on to give Congress the power “[t]o 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.”
Bill Arp concludes with the assertion that the Constitution embodies some concept of limited government. I don’t know where he gets this idea. It is largely an administrative document. The only concepts it expresses are those put forth in the preamble, where it states the purpose of the government of the new nation which was born of its ratification by the people.
In fact, the power of the federal government is essentially unlimited. It is whatever the Supreme Court agrees it is. The enumerated powers and even the Bill of Rights are limits mainly with respect to assuring fairness. They are subject to judicial review at least in the respect of determining their meaning. And, judicial review as we know it, the power to declare a law unconstitutional, is a creation of Justice Marshall, it is not written.
The federal government’s very reason for existence is to assure funding things like education. Where does the federal government get the authority? We gave it to ourselves.
Michael S. Moore
Veazie
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