I ended my first post in this series by asking two questions; " What is unconstitutional spending?" and " What is immoral spending?" To answer the first question the obvious place to look is the Constitution.
Article 1 Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; — And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Article 1, Section. 9.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
The list below represents the spending authorized by the first 26 pages of the 407 page version of the stimulus bill released to the public. The question is how much of this spending matches the parameters specified by the sections of the Constitution above? Anything that doesn't is unconstitutional. Will you take the time and effort to make the comparison and identify the unconstitutional provisions? If not don't feel too terribly bad. According several news reports, your Representatives and Senators didn't bother to check before they voted either.
For an additional amount for ‘‘Agriculture Buildings and Facilities and Rental Payments’’, $24,000,000
For an additional amount for ‘‘Office of Inspector General’’, $22,500,000
For an additional amount for ‘‘Buildings and Facilities’’, $176,000,000
For an additional amount for ‘‘Farm Service Agency, Salaries and Expenses,’’ $50,000,000
For an additional amount for ‘‘Watershed and Flood Prevention Operations’’, $290,000,000
For an additional amount for ‘‘Watershed Rehabilitation Program’’, $50,000,000
For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,000,000,000 for section 502 direct loans; and $10,472,000,000 for section 502 unsubsidized guaranteed loans.
For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: $67,000,000 for section 502 direct loans; and $133,000,000 for section 502 unsubsidized guaranteed loans.
For an additional amount for the cost of direct loans and grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $130,000,000.
For an additional amount for the cost of guaranteed loans and grants as authorized by sections 310B(a)(2)(A) and 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $150,000,000.
For an additional amount for the cost of direct loans and grants for the rural water, waste water, and waste disposal programs authorized by sections 306 and 310B and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,380,000,000.
For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for grants (including for technical assistance), $2,500,000,000:
For an additional amount for the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et. seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et. seq.), except sections 17 and 21, $100,000,000
For an additional amount for the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $500,000,000
For an additional amount for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000
For the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary shall make available $145,000,000 in fiscal year 2009 and $150,000,000 in fiscal year 2010
For the costs relating to facility improvements and equipment upgrades associated with the Food Distribution Program on Indian Reservations, as established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)), the Secretary shall makeavailable 5,000,000:
For the principal amount of direct farm operating loans under section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941), $173,367,000.
For the cost of direct farm operating loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), $20,440,000.
For an additional amount for ‘‘Economic Development Assistance Programs’’, $150,000,000:
For an additional amount for ‘‘Periodic Censuses and Programs’’, $1,000,000,000.
For an amount for ‘‘Broadband Technology Opportunities Program’’, $4,700,000,000:
For an amount for ‘‘Digital-to-Analog Converter Box Program’’, $650,000,000, for additional coupons and related activities under the program implemented under section 3005 of the Digital Television Transition and Public Safety Act of 2005
For an additional amount for ‘‘Scientific and Technical Research and Services’’, $220,000,000.
For an additional amount for ‘‘Construction of Research Facilities’’, $360,000,000, of which 180,000,000 shall be for a competitive construction grant program for research science buildings.
For an additional amount for ‘‘Operations, Research, and Facilities’’, $230,000,000.
For an additional amount for ‘‘Procurement, Acquisition and Construction’’, $600,000,000. For an additional amount for ‘‘Office of Inspector General’’, $6,000,000, to remain available until September 30, 2013.
For an additional amount for ‘‘Office of Inspector General’’, $2,000,000, to remain available until September 30, 2013.
For an additional amount for ‘‘Violence Against Women Prevention and Prosecution Programs’’, $225,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, 2,000,000,000, for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (‘‘1968 Act’’)
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $225,000,000, for competitive grants to improve the functioning of the criminal justice system, to assist victims of crime (other than compensation), and youth mentoring grants.
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $40,000,000, for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas.
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, 225,000,000, for assistance to Indian tribes
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $100,000,000, to be distributed by the Office for Victims of Crime in accordance with section 1402(d)(4) of the Victims of Crime Act of 1984 (Public Law 98–473).
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $125,000,000, or assistance to law enforcement in rural States and rural areas, to prevent and combat rime, especially drug-related crime.
For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $50,000,000, for Internet Crimes Against Children (ICAC) initiatives.
For an additional amount for ‘‘Community Oriented Policing Services’’, for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section, $1,000,000,000.
For an additional amount, not elsewhere specified in this title, for management and administration and oversight of programs within the Office on Violence Against Women, the Office of Justice Programs, and the Community Oriented Policing Services Office, $10,000,000.
For an additional amount for ‘‘Science’’, $400,000,000.
For an additional amount for ‘‘Aeronautics’’, $150,000,000.
For an additional amount for ‘‘Exploration’’, $400,000,000.
For an additional amount for ‘‘Cross Agency Support’’, $50,000,000.
For an additional amount for ‘‘Office of Inspector General’’, $2,000,000, to remain available until September 30, 2013.
For an additional amount for ‘‘Research and Related Activities’’, $2,500,000,000:
For an additional amount for ‘‘Education and Human Resources’’, $100,000,000.
For an additional amount for ‘‘Major Research Equipment and Facilities Construction’’, $400,000,000.
For an additional amount for ‘‘Office of Inspector General’’, $2,000,000, to remain available until September 30, 2013.
For an additional amount for ‘‘Operation and Maintenance, Army’’, $1,474,525,000
For an additional amount for ‘‘Operation and Maintenance, Navy’’, $657,051,000
For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $113,865,000
For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $1,095,959,000
For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, $98,269,000
For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, $55,083,000
For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, $39,909,000
For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $13,187,000
For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, 266,304,000
For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $25,848,000
For an additional amount for ‘‘Research, Development, Test and Evaluation, Army’’, 75,000,000
For an additional amount for ‘‘Research, Development, Test and Evaluation, Navy’’, $75,000,000
For an additional amount for ‘‘Research, Development, Test and Evaluation, Air Force’’, $75,000,000
For an additional amount for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, 75,000,000
For an additional amount for ‘‘Defense Health Program’’, $400,000,000
For an additional amount for ‘‘Office of the Inspector General’’, $15,000,000 for operation and maintenance, to remain available for obligation until September 30, 2011.
For an additional amount for ‘‘Investigations’’, $25,000,000:
For an additional amount for ‘‘Construction’’, $2,000,000,000:
For an additional amount for ‘‘Mississippi River and Tributaries’’, $375,000,000
For an additional amount for ‘‘Operation and Maintenance’’, $2,075,000,000
For an additional amount for ‘‘Regulatory Program’’, $25,000,000.
For an additional amount for ‘‘Water and Related Resources’’, $1,000,000,000:
For an additional amount for ‘‘Energy Efficiency and Renewable Energy’’, $16,800,000,000:
For an additional amount for ‘‘Electricity Delivery and Energy Reliability,’’ $4,500,000,000:
For an additional amount for ‘‘Fossil Energy Research and Development’’, $3,400,000,000.
For an additional amount for ‘‘Non-Defense Environmental Cleanup’’, $483,000,000.
For an additional amount for ‘‘Uranium Enrichment Decontamination and Decommissioning Fund’’, $390,000,000
For an additional amount for ‘‘Science’’, $1,600,000,000.
For the Advanced Research Projects Agency—Energy, $400,000,000
For an additional amount for the cost of guaranteed loans authorized by section 1705 of the Energy Policy Act of 2005, $6,000,000,000
For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $15,000,000, to remain available until September 30, 2012.
For an additional amount for ‘‘Defense Environmental Cleanup,’’ $5,127,000,000.
For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, $10,000,000
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