BoatShoes;827507 wrote:The Constitution only gives Congress the power to raise an Army and a Navy in plain language...
The constitution also defines differences governing the allocation of federal funds between these two branches. Under which would the Air Force fall? By default it has been as the Navy. The reason the appropriations of funds is limited to two yrs is the founders feared the power of the army to oppress the people. Though the navy has power to do so its power is limited to the water and lands in proximity to it. Air power is not limited by geography. Although it does have its limitations.
Allocation of federal funds for air power by default is governed as the navy. Right or wrong I dunno. I ask you this what state would not have granted the feds the power to maintain an Air Force via an amendment? Easy pass. My only beef is through the amendment process the allocation of funds would have constitutionally been defined. Would the Air Force be limited to the two year limit or as the Navy?
BoatShoes;827507 wrote:"Common Defense" is only found in the Taxing and Spending Clause and such justifications for our large defense budget are susceptible to the same types of slippery slope arguments that Conservatives use against broad interpretations of "General Welfare" in the same clause. Based on grammatical rules and commonly applied canons of construction you can't easily claim that Congress has the duty to provide for the common defense (whatever that is) and not the general welfare (whatever that is). Does "defense" mean Nuclear Weapons, spy operations, arming foreign militias, creating clone armies of Storm Troopers? It very well could. But if that's true, "General Welfare" could surely mean very modest social insurance programs for people who are unable to work because they are old or disabled, etc. applying similar interpretations of words in the same clause.
You are correct that "common defense" and "general welfare" are found in the clause granting the federal congress the power of taxation and the spending of those funds. They are not separate powers. They are qualifying terms meant to show the limits of the federal congress's power to tax and spend. Its the introductory clause laying out the powers of congress.
The power to tax and spend is listed first because it is the power that provides the means to implement the rest that follow. Simply all enumerated powers have to be used in a manner that provide for the common defense and general welfare of all under the union. Congress can't use its power to benefit one state over another, one group over another, itself over the states, or to use its revenue generating powers in an unequal manner within the union to strong arm its will. Whether they relate to matters of defense or domestic use of tax dollars.
BoatShoes;827507 wrote:Therefore if you're going to say that the founders would have intended for our current DoD appropriations based upon that language it's difficult to suggest that our welfare state might not also be justified effectively making the taxing and spending clause along with the N&P clause a grant of a general police power like the States have (which Congress "doesn't have" but much of our government is difficult to justify; FBI, CIA, etc. unless there is one because it's difficult to see how much of our government could coexist with say Justice Thomas' view of the Constitution).
Justice Thomas as myself does not believe that all of the departments of the federal government you mention and many more should not exist. I would have to address each ones merit on an individual basis. But clearly many departments of the federal government should have passed through the amendment process. Most of them would easily have passed.
The states would have been more than happy to hand over many of these powers. And their scope would be constitutionally defined. Some would have been rejected. No doubt about that. That is the fear of the feds. The limitation of federal power. Unfortunately for the feds it is the theme of the constitution. A little fact they would like to be kept under the rug. The constitution is a living and breathing document but only through the amendment process.