US Constitution Article I § 8 Clauses 1-8

I am devoting two entries to Article I, Section 8 of the US Constitution. My reasoning is that this is a very important section that contains several important clauses that require a deeper analysis than other parts of the text.

"Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

This does not explicitly create an income tax but does allow Congress to regulate such matters. The validity of the Federal Income Tax will be discussed when I write about the 16th Amendment.

"Clause 2: To borrow Money on the credit of the United States;"

Perhaps the most abused Clause in the entire Constitution, the Federal Government has borrowed over $8,000,000,000,000 (that's 8 trillion dollars) on the credit of the United States. Most of this has been through activities that implicitely violate the Constitution.

"Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

This clause is also very loaded. It is known as the "Commerce Clause." It means that only the Federal Government may regulate interstate commerce. Interstate commerce has also been mis-directed lately. A majority of the Supreme Court ruled that marijuana that is grown, cultivated, given away, and used within the State of California is interstate commerce. Obviously they are legislating from the bench. A footnote, Clarence Thomas, often called the most conservative justice, dissented on this opinion, remarking that, "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers."

The six justices who constituted the majority obviously do not understate what "among the several States" means. This clause explicitly states that Congress cannot intervene in intrastate matters. Most of the justices who take this viewpoint are very liberal. What a quandary.

"Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"

This Clause makes perfect sense. Obviously it would not be appropriate for each state to determine who is and who is not a US Citizen. Federal bankruptcy laws are also important in that people or companies could take refuge in states with less strict laws merely for the purpose of obtaining an "easier" bankruptcy. Surprisingly, the States actually do have differing bankruptcy laws, but none have yet been challenge in court to my knowledge.

"Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;"

States used to be able to coin their own money, this can obviously be a problem for those who wish to travel around the country. As for the second part of this clause, did anyone know that the US is legally on SI, known as the Metric System?

"Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;"

The second criminal act that Congress can provide punishment for. The first was Treason, in Section 6. Currently, the Secret Service enforces counterfeiting laws.

"Clause 7: To establish Post Offices and post Roads;"

Seems basic, but does the Post Office need to operate as a government entity or merely be created by the government? This also does not give the Federal Government oversight over all (or many) roads, since only very basic roads are required for carrying mail...

"Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

Congress often funds the arts and sciences via grants. This clause does not allow this action. It merely allows Congress to help the arts and sciences by providing and regulating copyrights and patents.

So far, we've covered many things Congress is allowed to do. I hope that you, my readers, can already see that Congress regulates things that are far beyond its scope. The rest of Section 8 will be in the next Constitution post.