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11 March 2010

"General Welfare"

"We The People of the United States of America, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
-Preamble to the Constitution of the United States of America
(Emphasis added)

The phrase "general welfare" comes up only one other place, that I am aware of:

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; ...
Article I, Section VII (emphasis added)

This idea of "promoting the general welfare" has become a gaping hole, through which the Federal government rams through all sorts of things - such as bailouts, education "reform", and health care bills - which are not allowed by the Constitution. I've known about the problem with Congress's abuse of this "general welfare clause" for quite some time. Tonight, I ran across a number of quotes from the Founders that deal specifically with what they meant by these words. It's very interesting, and clearly NOT what Congress currently wants "general welfare" to mean. Have a look:

"They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please... Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers and those without which, as means, these powers could not be carried into effect." --Thomas Jefferson: Opinion on National Bank, 1791. ME 3:148

"[If] it [were] assumed that the general government has a right to exercise all powers which may be for the 'general welfare,' that [would include] all the legitimate powers of government, since no government has a legitimate right to do what is not for the welfare of the governed." --Thomas Jefferson to George Washington, 1792. ME 8:397

"Our tenet ever was... that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money." --Thomas Jefferson to Albert Gallatin, 1817. ME 15:133

"If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress.... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America." -- James Madison

That last one is my personal favorite. Now, if someone could tell me what the "ME xx:xxx" that the Jefferson citations are referring to, I would greatly appreciate it. It looks like this is a collection of documents well worth some time spent reading them.

1 comment:

Tianna said...

I like this post. I wish more people remembered what the founding fathers meant by the words they used for the constitution.


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