Date registered: Sep 2004
Vehicle: 83 Astral Silver 280 SL
Location: Planet Houston
Mentioned: 0 Post(s)
Quoted: 7 Post(s)
It would depend on what the earmark is for. What if the earmark attempts to create jobs by earmarking a new PX at the local base? That could be called "defense", while one asking for a new Severe Teenage Acne Clinic could be called general welfare.
Numerous court challenges over the years have gone after laws on the basis of the enumerated powers. The courts have generally held that the first sentence of Article 1:8 gives Congress a wide latitude in both areas, while the rest of the Section deals with specific items in order to clarify that they belong under Congress's realm, in other words, they are in addition too, not inclusive of, the general welfare and military spending clauses. The same thing can be found in the sections dealing with Executive Power. The COTUS gives the President broad powers as Commander-in-Chief, and defines them in a vague way, yet later adds specific clauses giving him judicial powers within the military as well - they are there to avoid confusion between the branches. If they were not so broad and vague, we would be in court all the time.
Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.
-President Barack Obama, 1st Inaugural address