On September 14, 1787, by a vote of 8 states to 3, the Constitution specifically forbids Federal taxing to build highways and canals.
Americans have Climate Change, perpetual oil-wars, and traffic costs of $1.7 trillion/year because of Federal Socialism, control of the means of production by the "living Constitution" negating the Preamble, Commerce, Necessary and Proper, post Roads, and Ports restrictions of the Constitution and Article 9 and 10 of the Bill of Rights to tax and build highways and canals.
- 1907, Wilson v. Shaw, the Supreme Court scrapped the written Constitution for the "living Constitution".
- 1913 the 16th Amendment allowed the Federal government to tax people making more than $350,000 (in 2018 dollars) to support the Federal mission of "provide for defence". It did not expand Federal authority to tax to "provide for the general welfare". The Preamble still limits the Federal government to only "promote the general welfare".
- 1913 the 17th Amendment reduced the cost of political corruption from buying half a state legislature to merely contributing to a Senate campaign. Senators shifted their allegiance from the State Government who previously elected them to the corporations and unions who funded their popular election. They began to tax to mandate infrastructure to sell cars, oil, and coal.
- The Federal-Aid Highway Act of 1916 powerful Congress began taxing all Americans for pork projects in their districts to reward those funding elections.
Notes on the Debates in the Federal Convention, Sept 14, 1787
Docr. FRANKLIN moved to add after the words "post roads" Art I. Sect. 8. "a power to provide for cutting canals where deemed necessary"
Mr. WILSON 2ded. the motion
Mr. SHERMAN objected. The expence in such cases will fall on the U. States, and the benefit accrue to the places where the canals may be cut.
Mr. WILSON. Instead of being an expence to the U.S. they may be made a source of revenue.
Mr. MADISON suggested an enlargement of the motion into a power "to grant charters of incorporation where the interest of the U.S. might require & the legislative provisions of individual States may be incompetent." His primary object was however to secure an easy communication between the States which the free intercourse now to be opened, seemed to call for. The political obstacles being removed, a removal of the natural ones as far as possible ought to follow.
Mr. RANDOLPH 2ded. the proposition
Mr. KING thought the power unnecessary.
Mr. WILSON. It is necessary to prevent a State from obstructing the general welfare.
Mr. KING. The States will be prejudiced and divided into parties by it. In Philada. & New York, It will be referred to the establishment of a Bank, which has been a subject of contention in those Cities. In other places it will be referred to mercantile monopolies.
Mr. WILSON mentioned the importance of facilitating by canals, the communication with the Western Settlements. As to Banks he did not think with Mr. King that the power in that point of view would excite the prejudices & parties apprehended. As to mercantile monopolies they are already included in the power to regulate trade.
Col: MASON was for limiting the power to the single case of Canals. He was afraid of monopolies of every sort, which he did not think were by any means already implied by the Constitution as supposed by Mr. Wilson.
The motion being so modified as to admit a distinct question specifying & limited to the case of canals,
N. H. no. Mas. no. Ct. no. N. J. no. Pa. ay. Del. no. Md. no. Va. ay. N. C. no. S. C no. Geo. ay. [FN16]
The Constitution Divided Sovereignty between in the Federal mission statement, the Preamble:
- Federal government over war and actions that build paths to war.
- People retain liberty and States retain sovereignty over all else.
"provide for the common defence, promote the general Welfare"
Provide is a mandate. Promote is a restriction from providing. As noted in the Notes on Debates below, Federal taxing to provide highways and canals, beyond what was required to defend free speech, was rejected 8 states to 3.
This understanding was explained in Federalist #45:
"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes.
The Preamble is restated in Amendments 9 and 10 of the Bill of Rights:
Amendment 9: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment 10: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."