The Freeman 1972 - The Ludwig von Mises Institute

742 THE FREEMAN Decemberact can only become law by beingpassed by at least two-thirds majoritiesin each of the houses. ThePresident and the Senate are particularlyentwined in the appointiveand treaty making powe'lts,.,Amendments to the: Constitutionnot only regularly involve bothhouses of the Congress but thestate legislatures as well. The effectof all thi.s interdependence isto require government by a consensusof the branches and, inthe case of constitutional amendments,of the states also. Themore important the decision, thebroader the base for its approvalmust be for it to be put intoeffect.4. Limited GovernmentThe crowning principle of theConstitution is limited government,for all the other principlestend toward and are caught up inthis one. The federal system ofgovernment, the republican formof government, the principle ofseparation all place procedural limitson the powers of the governments.The independence of thebranches, one of another, and ofthe state and general governmentsprovides them with a base fromwhich to check and limit oneanother. Their interdependencemakes the concurrence of branchesand governments necessary foraction to be taken.The Constitution provided notonly for procedural limits on governmentsbut for substantive onesas well. One way in which the generalgovernment is substantivelylimited is by enumerating its powers.This is done most directly insetting forth the legislative powersof the government, which powersare all vested in the Congress.They are contained in Section 8of Article I, and read, in part, asfollows:The Congress shall have Power tolay and collect Taxes....To borrow Money on the credit ofthe United States;To regulate Commerce with foreignNations, and among the severalStates, and with the Indian Tribes;To establish an uniform Rule ofNaturalization .To coin money .To establish Post Offices and postRoads; ....To declare War, grant Letters ofMarque and Reprisal, and make Rulesconcerning Captures on Land andWater....To have placed all legislative authorityin the Congress was alimitation on the other branches.To have enumerated the powersimplied that those not listed werenot included. Discussions withinthe convention bear this out. Forexample, the question was raisedas to whether or not the general