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The four disputed clauses referred to by Woods in the lecture are: a) Article 1 Section 8 Clause 11 and Article 2 Section 2 Clause 1; b) Article 1 Section 8 Clause 3; c) Article 1 Section 8 Clause 18; d) Article 1 Section 8 Clause 1.
Woods asserts that all these clauses are disputed and interpret their original meaning as follows.
a) Article 1 Section 8 Clause 11 enables Congress “to declare War, grant Letters of Marque and Reprisal […]” and Article 2 Section 2 Clause 1 refers to the President as “Commander in Chief […]of the United States”. According to Woods, the original meaning of the Article 2 Section 2 Clause 1 was copied from the British legislation thereby enabling a single man to involve the whole nation in war. And to prevent it Congress was enabled to “approve” the President decision by Article 1 Section 8 Clause 11. I agree with the original interpretation suggested by Woods as on the one hand most Americans at those times were natives of Great Britain, so they took a lot from monarchy in a sphere of legislation; but on the other hand, they wished to change a lot in their society, so they wanted citizens (by states’ representatives in Congress) to influence the US policy.
b) Article 1 Section 8 Clause 3 enables Congress “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. Woods states that original meaning of this Clause was to regulate commerce in its narrow meaning which is trade and exchange only. I agree with this interpretation as it can be proven by the fact that the broader interpretation of commerce was established only in 1824 by Chief Justice John Marshall who said that “commerce” included navigation of goods, and Congress’s power over commerce “is complete in itself, and acknowledges no limitations other than are prescribed in the Constitution.”
c) Article 1 Section 8 Clause 18 enables Congress to “make all Laws which shall be necessary and proper […]”. Woods states that the original meaning of this Clause was to “make explicit what was logically implied” and granted no additional power to Congress. I suppose this interpretation to be wrong as Constitution contains an exhaustive list of Congress power, and there is no need to repeat it. I consider this Clause to be designed for unforeseen situations which could arise in the course of time as the society develops and changes.
d) The most disputed term in Article 1 Section 8 Clause 1 which is widely known as “General Welfare Clause” is, in fact, “General Welfare”. Woods states that the original meaning of the clause was quite clear – to clarify, limit and explain the specific powers granted to Congress. I do not share his opinion. I think that this Clause was ratified to emphasize the main feature of the USA – the union of states. Thus, I suppose that “general welfare” relates to matters of national, as distinguished from local, welfare.



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