The Proper Role Of Government

One of the principles of liberty our Founders adhered to is that only limited and carefully defined powers should be delegated to government, all others being reserved to the people. This principle is clearly followed in Article 1, Section 8, of the U.S. Constitution wherein is outlined the 20 or so areas in which Congress can make law. This concept was abandoned decades ago as Congress began legislating in many other areas not mentioned in Article 1, Section 8.

James Madison clearly explained this principle in Federalist Paper 45: “The powers delegated by the proposed Constitution are few and defined. Those which are to remain in the state governments are numerous and indefinite.” Unlike the federal Constitution, you will not find in state constitutions specific areas in which state legislatures can make law because there are so many.

How, then, are we to understand the limits our state legislatures, our city councils, our county board of supervisors have in making law? The answer to this question lies in the constitutional phrase “promote the General Welfare.” If one observes the 20 or so powers in Article 1, Section 8 of the U. S. Constitution, they are all areas that benefit the whole people like: military defense, a monetary system, a postal system, a system of weights and measures, a federal court system, etc. In other words, general welfare means if you tax all the people, then you only spend that money for things that benefit the whole people. Under “general welfare” there is to be no tax money going to individuals, special groups, or specific geographic locations, or any other kind of “specific” welfare.

This same principle should apply to state and local governments. For example, city councils should ask themselves what are the things that benefit all the people and that all the people use? The answer would include such things as: good streets, a well-functioning domestic water system, a good sewage system, good police protection, a fair local court system, etc. These are things individuals all want and are willing to spend money to obtain because they use them. It’s really what makes us want to live in a community rather than out in the wilderness. And furthermore, there is usually not much argument or contention about these things because we consider them things that make our lives comfortable.

But what happens when government officials try to use our tax money to provide things most of us don’t want and don’t use, such as: light rail and bus systems, sports stadiums, homeless facilities, conference centers, arts centers, museums, libraries, electric vehicle charging stations, narrower streets and more bike lanes? They try to sell us on these ideas as “Quality of Life” issues. These are issues that do not pay for themselves and therefore are a significant burden paid for mostly by taxpayers who do not use them. These are also issues that cause the most disagreement and contention in a community.

But the true purpose of government is to only protect equal rights so that people can be free to invent and produce items that give us real quality of life. This also leaves more resources in the hands of the people to give compassionate service to the truly needy.

The authority to govern rests innately with the people. Government only has the authority that the people give it. If a person has no authority to take from one person and give to another (stealing), then how can he give his agent, the government, the authority to forcibly take money from citizen A and give it to citizen B so he can, for example, be transported from point A to point B? Isn’t that stealing also? Someone may say, “Well, that’s why we vote.” But can the vote take away a person’s property by legalizing stealing? Of course not!

When we vote this November, hopefully we will choose those who respect the rights of all citizens and reject those who endorse programs which use the power of government to do what individuals can’t do – steal from the people.