James Madison Refutes Expansive Reading of the General Welfare Clause
His speech is a stinging refutation to all those who claim the clause empowers the federal government to spend money for anything and everything
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“General Welfare” and “Common Defense” Explained by James Madison
The words “provide for the common defense and general welfare” rank among the most abused phrases in the Constitution.
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Constitution 101: To “Provide for the Common Defense”
Many people use the general welfare clause as their “the federal government can do anything and everything clause.” Others have turned the phrase “provide for the common defense” into a similar justification for federal overreach.
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What is an “Excise?”
At the time the Constitution was written, an excise was universally understood to be an “inland” (domestic) tax on the consumption of commodities, specifically on manufactured goods.
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Thomas Jefferson on the Misuse of the Commerce and General Welfare Clauses
Barely 8 months before he died, Thomas Jefferson wrote to the Virginia politician William Giles about the threat posed by the usurpation of states rights by a growing federal power. He identified federal powers claimed under the commerce and general welfare clauses as especially dangerous.
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Thomas Jefferson on Congressional Abuse of Commerce and Welfare
Even by 1825, Thomas Jefferson was fearful that the growing central powers of the federal government were encroaching upon those of the states.
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The General Welfare Clause is not about writing checks
When challenged on the federal government’s constitutional authority to create welfare programs, meddle in education or run a national healthcare system, progressives will almost always appeal to the “general welfare clause.”
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James Madison: Veto Message on the Internal Improvements Bill
March 3, 1817: As his last official act as President, Madison vetoes a bill that would provide federal funding for building roads and canals throughout the United States. The President finds no expressed congressional power to fund roads and canals in the Constitution, and he believes that the federal government should not encroach upon matters reserved to state governments.
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Exposing the “Living Document” Lie
Despite all historical evidence to the contrary, it is often claimed that the Constitution is a “living document” that is easily malleable through semantics and modern desires for extended federal power.
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The Virginia Plan and the General Welfare Clause
Rob Natelson’s groundbreaking research concludes that the General Welfare Clause is a limitation on the taxing power.
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Another Treasure Hunt: Tracking Down Bits from the American Founding
Rob Natelson has a historical gem of a story from the Anti-Federalists
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On General Welfare
In response to my recent essay, “The Tenth Amendment Prohibited the Living Constitution“, I received an e-mail which informed me that, †the Constitution … gives Congress the power to make all laws necessary to execute its powers, including the power to provide for the general welfare, which has to include public health and safety.â€
This is definitely a very common understanding, but is it correct? Does the congress have the power to make all laws necessary to execute its powers, including the power to provide for the general welfare?
Let’s start with Article 1, Section 8, clause 1 of the US Constitution, which says,
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;
In modern English, the first phrase in that clause might be paraphrased in one of two ways. First, by distributing the word power across each of the following phrases…
1.) The congress shall have the power to lay and collect taxes, duties, etc…, the power to pay the debts, the power to provide for the common defense, and the power to provide for the general welfare….
Four powers all bundled into one clause. Or second, by inserting the clarifying text, “in orderâ€â€¦
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