The Constitution also explicitly empowers the federal government "to promote the general Welfare" -- and when tens of millions of Americans are without affordable health care and tens of thousands are dying each year because they can't afford to see a doctor, that is surely an impediment to "the general Welfare."
But what is perhaps most striking when comparing the founding era of the United States to today's politicized and petty times is the stunning loss of pragmatism and common sense.
Then, the Founders were finding ways to do what was necessary to build the nation. Now, partisans like Scalia and Fox News are all about scoring debating points. They conjure up arguments to win for the GOP side even if the nation loses.
Today's Republican partisans, including justices on the Supreme Court, denounce the health-insurance mandate even though it was originally a conservative proposal from the Heritage Foundation. Yet, once a Democratic president embraced it, the individual mandate became a socialistic affront to the Constitution.
One might reflect upon Washington's letter supporting Madison's commerce idea: "We are either a united people, or we are not. If the former, let us, in all matters of a general concern act as a nation, which have national objects to promote, and a national character to support. If we are not, let us no longer act a farce by pretending it to be."
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