Wednesday, April 02, 2003

Constitutionality and Libertarianism

Interesting article today by Walter Williams about a recent report put out by the magazine Human Events. It lists the top ten most outrageous Government Programs, including the Corporate Average Fuel Efficiency Standards, Amtrak, Endangered Species Act, and so on. Obviously several of these programs are those that might take away some corporate profits. But that's not William.s point.

Williams presents himself as a Constitutional scholar, arguing that the mandate to enact any of those laws does not exist. The government has no right mandate more fuel efficient cars or protection of wildlife. It's clear that if Williams had his way the government would be like Chief Wiggum in Springfield.

Wiggum: Fine, let me tell you what I tell everybody who comes in here: the law is powerless to help you.
Marge: Do I have to be dead before you'll help me?
Wiggum: Well, not dead -- dying. [Marge gets up to leave] No, no, no, no. Don't walk away. How about this: just show me the knife ... in your back.

The truth is that we do have the general welfare clause which states that the legislature has the power to pass those laws which it deems necessary to protect the American people. Perhaps that clause has been stretched further than it was intended. And certainly the Congress has passed foolish laws. But I can't believe that the alternative would be much better. A government powerless to aid the people would eventually be rejected by the people.

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