How many times do we hear this?
Yes we know: Art I, Sec 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
But!
There's even a better argument!
What else is not in the Constitution?
jump with me
- the Air Force (land and sea forces ARE mentioned)
- the right to privacy
- the (explicit) right to vote
- (Absolute) Freedom of Speech and Press
- education
- capitalism
- god
- immigration
- the right to travel
- freedom of expression
- innocent until proven guilty
- jury of peers
- political parties
- the separation of church and state
- qualifications for Judges
- no taxation without representation
- the Separation Of Powers Clause
- the word 'democracy'
and finally
- marriage, or marital law
(OMG marriage is unconstitutional!!!)
Many of these things are implied or have come about in the course of governance.
For example: while there is no "Separation Of Powers Clause", the separation of powers is clearly intended and written about in the Constitution, there is no such clause.
The right to vote: The Constitution talks a lot about who can vote and details ways in which people can not be denied the right to vote, but it never explicitly guarantees the right to vote. States can limit that right as long as they do not run afoul of what is covered in the Constitution. For example, TX does not allow felons or those it deems mentally incompetent to vote. States could also, theoretically allow people younger than 18 to vote.
The right to privacy: This is not enshrined in the Constitution, but has been established by the USSC as a fundamental human right.
Much more could be written on each of these bullet points, but you get the point. Next time someone uses "Heath care is not in the Constitution!!!" look them in the eye and say... "neither is marriage bub".
good night and sleep well