Comment Re:8-1 decision (Score 2) 60
Yes, they do. Had you ever read the discussions in the Senate about the amendments, you would have known this very subject came up. Unfortunately, his orange lardness has hidden from public view those historical records, so what I'm about to say goes from my memory.
Essentially, if Congress has the power to enact laws affecting the country, it is up to the Executive and Judicial branches to curb that power. Madison, despite opposition to the General Welfare Clause, admitted late in the life that clause granted Congress a power to legislate on all national problems. His nature of limited government was undercut by that clause, for if the national Congress could enact laws affecting the country, it wasn't a limited government, was it?
Further, as mentioned in the debates, Congress could delegate its authority. It would be inconceivable for Congress to be involved with the minutae of the country, to discuss and debate whether this or that is allowed. Instead, as granted by the Constitution, Congress has delegated its powers to others. Namely, agencies such as the FTC.
It's really hard to find these powers in such a tiny document without decades of legal training.
No it's not. All one need do is read the debates in the Senate to understand the mindset of the Founding Fathers. If you want more, reading a few books about those Founding Fathers would suffice to fill your lack of knowledge.