By: Ben Bryan , T H L Contributor While I’m not particularly interested in dealing with the overall argument he makes, I must take issue with the claims Tom Mullen makes in a recent post , featured here at T H L , about Article 1, section 8 of the Constitution. Mullen argues, along Hamiltonian lines, that the power given to “provide for the common Defence and general Welfare of the United States” grants a sort of unlimited power. I find this argument rather textually problematic. Before dealing with the textual issues, however, I have some concerns with details conspicuously absent from the historical account Mullen gives. He is quite right that Hamilton supported his reading of the Constitution. He fails to point out that Madison held the opposing position. Without this detail it sounds as if the Constitution was clearly created with Hamilton’s understanding in mind. But, as it turns out, the founders were far from univocal in their acceptance of some sort of big government construct...
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