United States vs. Butler
What is it really? Read here:
supreme.justia.com/us/297/1/case.html
Abraham Lincoln: “America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.”
United States vs. Butler 1936 was a Supreme Court case that challenged the constitutionality of the Agricultural Adjustment Act passed by US Congress in 1933. The Act was an attempt by the US Government to tax farm products and redistribute the collected monies to pay farmers to reduce crop size area to reduce the amount of surplus thus increasing the price of the crop.
(Sound familiar?)
Ultimately (in a non-unanimous decision) the Agriculture Adjustment Act was ruled to be in violation of the Tenth Amendment: 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.
There is nothing in this case that equates promote or provide with OWN.
Read what the decision of United States vs. Butler really says:
supreme.justia.com/us/297/1/
Held:
(1) The Act
invades the reserved powers of the States. P. 297 U. S. 68.
(4) The power of taxation, which is expressly granted to Congress, may be adopted as a means to carry into operation another power also expressly granted,
but not to effectuate an end which is not within the scope of the Constitution. P. 297 U. S. 69.
(7) The right to appropriate and spend money under contracts or proper governmental purposes
cannot justify contracts that are not within federal power. P. 297 U. S. 72.
(8)
Congress cannot invade state jurisdiction by purchasing the action of individuals any more than by compelling it. P. 297 U. S. 73.
(11)** Existence of a situation of national concern resulting from similar and widespread local conditions cannot enable Congress to ignore the constitutional limitations upon its own powers and usurp those reserved to the States.** P. 297 U. S. 74.
(12)
If the novel view of the General Welfare Clause now advanced in support of the tax were accepted, that clause would not only enable Congress to supplant the States in the regulation of agriculture and of all other industries as well, but would furnish the means whereby all of the other provisions of the Constitution, sedulously framed to define and limit the power of the United States and preserve the powers of the States, could be broken down, the independence of the individual States obliterated, and the United States converted into a central government exercising uncontrolled police power throughout the Union superseding all local control over local concerns. P. 297 U. S. 75.
(13) Congress, being
without power to impose the contested exaction, could not lawfully ratify the acts of an executive officer in assessing it.