The “general welfare” clause is mentioned twice in the U.S. Constitution: first, in the preamble and second, it is found in Article 1, Section 8.
The preamble reads:
WE THE PEOPLE of the United States, 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.
The preamble is not a delegation of power to the federal government. It is simply a stated purpose defining the two major functions of government: (1) ensuring justice, personal freedom, and a free society where individuals are protected from domestic lawbreakers and criminals, and; (2) protecting the people of the United States from foreign aggressors.
Article 1, Section 8 of the Constitution refers to the “general welfare” thus:
The Congress shall have the 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. . .”
We all know the meaning of words can change over time. In order to more accurately assess the meaning of the word "welfare", with respect to it's use in the Constitution, Here is how the word "welfare" was defined 40 years after it was written in the Constitution, via the 1828 edition of Noah Webster's American Dictionary of the English Language.
WEL/FARE, n. [well and fare, a good going; G. wohlfahrt; D. welvaart; SW. valfart; Dan. Velfard]
1. Exemption from misfortune, sickness, calamity or evil; the enjoyment of health and the common blessings of life; Prosperity; happiness; applied to persons.
2. Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government; applied to states.
A clear distinction is made with respect to welfare as applied to persons and states. In the Constitution the word "welfare" is used in the context of states and not persons. The "welfare of the United States" is not congruous with the welfare of individuals, people, or citizens.
The Founding Fathers said in the preamble that one reason for establishing the Constitution was to “promote the general welfare.” What they meant was that the Constitution and powers granted to the federal government were not to favor special interest groups or particular classes of people. There were to be no privileged individuals or groups in society. Neither minorities nor the majority was to be favored. Rather, the Constitution would promote the “general welfare” by ensuring a free society where free, self-responsible individuals - rich and poor, bankers and shopkeepers, employers and employees, farmers and blacksmiths - would enjoy “life, liberty, and the pursuit of happiness,” rights expressed in the Declaration of Independence.
Quoting the Tenth Amendment, Jefferson wrote: “I consider the foundation of the Constitution as laid on this ground: That ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.’ To take a single step beyond the boundaries thus specially drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition.”
The Tenth Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Writing about the “general welfare” clause in 1791, Thomas Jefferson saw the danger of misinterpreting the Constitution. The danger in the hands of Senators and Congressmen was “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.” Unlike public officials during Jefferson’s time, our modern-day legislators have a very loose interpretation of the Constitution. The result is that government has mushroomed into a monolithic bureaucracy.
It is NOT the government’s business (constitutionally) to “help” individuals in financial difficulty. Once they undertake to provide those kinds of services, they must do so with limited resources, meaning that some discriminating guidelines must be imposed. (so many who need that kind of help- so little resources to provide it.)
In Federalist No. 41, James Madison asked rhetorically: “For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? ”
Madison was replying to anti-Federalist writers who had warned that the “general welfare” clause opened the way to unlimited abuse. He haughtily accused those writers of “labour[ing] for objections” by “stooping to such a misconstruction” of the obvious sense of the passage, as defined and limited by those powers explicitly listed immediately after it.
Like so many things the Federalists said could never, ever happen, it happened. The “general welfare” clause is constantly abused in just the way the pessimists predicted. The federal government exceeds its enumerated powers whenever it can assert that other powers would be in the “general welfare.”
The Federalist Papers are one of our soundest guides to what the Constitution actually means. And in No. 84, Alexander Hamilton indirectly confirmed Madison’s point.
Hamilton argued that a bill of rights, which many were clamoring for, would be not only “unnecessary,” but “dangerous.” Since the federal government was given only a few specific powers, there was no need to add prohibitions: it was implicitly prohibited by the listed powers. If a proposed law — a relief act, for instance — wasn’t covered by any of these powers, it was ipso facto unconstitutional.
Adding a bill of rights, said Hamilton, would only confuse matters. It would imply, in many people’s minds, that the federal government was entitled to do anything it wasn’t positively forbidden to do, whereas the principle of the Constitution was that the federal government is forbidden to do anything it isn’t positively authorized to do.
Hamilton too posed some rhetorical questions: “For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said, that the liberty of the press shall not be restrained when no power is given by which restrictions may be imposed?” Such a provision “would furnish, to men disposed to usurp, a plausible pretence for claiming that power” — that is, a power to regulate the press, short of actually shutting it down.
We now suffer from the sort of confusion Hamilton foresaw. But what interests me about his argument, for today’s purpose, is that he implicitly agreed with Madison about the narrow meaning of “general welfare.”
After all, if the phrase covered every power the federal government might choose to claim under it, the “general welfare” might be invoked to justify government control of the press for the sake of national security in time of war. For that matter, press control might be justified under “common defense.” Come to think of it, the broad reading of “general welfare” would logically include “common defense,” and to speak of “the common defense and general welfare of the United States” would be superfluous, since defense is presumably essential to the general welfare.
So Madison, Hamilton, and — more important — the people they were trying to persuade agreed: the Constitution conferred only a few specific powers on the federal government, all others being denied to it (as the Tenth Amendment would make plain).
John Quincy Adams, sixth President of the United States, once observed: “Our Constitution professedly rests upon the good sense and attachment of the people. This basis, weak as it may appear, has not yet been found to fail.”
Veto of federal public works bill
March 3, 1817
To the House of Representatives of the United States: Having considered the bill this day presented to me entitled "An act to set apart and pledge certain funds for internal improvements," and which sets apart and pledges funds "for constructing roads and canals, and improving the navigation of water courses, in order to facilitate, promote, and give security to internal commerce among the several States, and to render more easy and less expensive the means and provisions for the common defense," I am constrained by the insuperable difficulty I feel in reconciling the bill with the Constitution of the United States to return it with that objection to the House of Representatives, in which it originated.
The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers, or that it falls by any just interpretation with the power to make laws necessary and proper for carrying into execution those or other powers vested by the Constitution in the Government of the United States.
"The power to regulate commerce among the several States" can not include a power to construct roads and canals, and to improve the navigation of water courses in order to facilitate, promote, and secure such commerce with a latitude of construction departing from the ordinary import of the terms strengthened by the known inconveniences which doubtless led to the grant of this remedial power to Congress.
To refer the power in question to the clause "to provide for common defense and general welfare" would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms "common defense and general welfare" embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting both the Constitution and laws of the several States in all cases not specifically exempted to be superseded by laws of Congress, it being expressly declared "that the Constitution of the United States and laws made in pursuance thereof shall be the supreme law of the land, and the judges of every state shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." Such a view of the Constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legislative powers of the General and the State Governments, inasmuch as questions relating to the general welfare, being questions of policy and expediency, are unsusceptible of judicial cognizance and decision.
A restriction of the power "to provide for the common defense and general welfare" to cases which are to be provided for by the expenditure of money would still leave within the legislative power of Congress all the great and most important measures of Government, money being the ordinary and necessary means of carrying them into execution.
If a general power to construct roads and canals, and to improve the navigation of water courses, with the train of powers incident thereto, be not possessed by Congress, the assent of the States in the mode provided in the bill can not confer the power. The only cases in which the consent and cession of particular States can extend the power of Congress are those specified and provided for in the Constitution.
I am not unaware of the great importance of roads and canals and the improved navigation of water courses, and that a power in the National Legislature to provide for them might be exercised with signal advantage to the general prosperity. But seeing that such a power is not expressly given by the Constitution, and believing that it can not be deduced from any part of it without an inadmissible latitude of construction and reliance on insufficient precedents; believing also that the permanent success of the Constitution depends on a definite partition of powers between the General and the State Governments, and that no adequate landmarks would be left by the constructive extension of the powers of Congress as proposed in the bill, I have no option but to withhold my signature from it, and to cherishing the hope that its beneficial objects may be attained by a resort for the necessary powers to the same wisdom and virtue in the nation which established the Constitution in its actual form and providently marked out in the instrument itself a safe and practicable mode of improving it as experience might suggest.
James Madison,
President of the United States
"If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions. " - James Madison, Letter to Edmund Pendleton, January 21, 1792 _Madison_ 1865, I, page 546
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constitutents. " - James Madison, regarding an appropriations bill for French refugees, 1794
"With respect to the words general welfare, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators. " - James Madison, Letter to James Robertson, April 20, 1831 _Madison_ 1865, IV, pages 171-172
"Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated. " - Thomas Jefferson
“Our tenet ever was, and, indeed, it is almost the only landmark which now divides the federalists from the republicans, that Congress has not unlimited powers to provide for the general welfare, but were to those specifically enumerated; and that, as it was never 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."
Letter from Thomas Jefferson to Albert Gallatin (June 16, 1817)
"[We] disavow and declare to be most false and unfounded, the doctrine that the compact, in authorizing its federal branch 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, has given them thereby a power to do whatever they may think or pretend would promote the general welfare, which construction would make that, of itself, a complete government, without limitation of powers; but that the plain sense and obvious meaning were, that they might levy the taxes necessary to provide for the general welfare by the various acts of power therein specified and delegated to them, and by no others." --Thomas Jefferson: Declaration and Protest of Virginia, 1825. ME 17:444
It appears that, contrary to the claims by many, Congress does not have broad and sweeping powers. Nor was it the intention of the founders to give Congress any.
Once the government opens its arms (and bank accounts), it divides the citizens into two groups: those who receive direct (personal, individual) benefit from the government, and those who do not. That is why the founders designed a FEDERAL system of government that provided only for the “GENERAL” (meaning- non-specific) WELFARE of the people by confining its services to things like “national defense” and “interstate commerce”. It leaves to the states the issues of HOW or WHEN other services are provided to specific sub-groups. HOWEVER (This is critical) the new government must represent the BEST INTERESTS of all the people, which logically means that it MUST be limited in scope, for the MORE a government undertakes, the more oppressive it becomes. Government MUST be ANCHORED in fundamental principles.
If you advocate for federal spending on social welfare programs, you are describing a redistribution of income (MY income) for the benefit of Specific individual citizens INSTEAD of (for example) a strong national defense. Which of those activities is the government LEGALLY REQUIRED to perform? (hint: Art. I, Sec. 8, U.S. Constitution.)
If the Federal government MUST do certain things, and something is NOT EXPRESSLY STATED in the constitution as a duty of Federal Government, then HOW (or WHOM) should any other services be provided? (Hint: Tenth Amendment)
Unfortunately, only a tiny fraction of the U.S. population today can grasp such nuances. Too bad. The Constitution wasn’t meant to be a brain-twister.
Put another way...
There's absolutely NOTHING wrong with helping out the poor and/or less fortunate, BUT in America the founders believed that that task should rightly fall to individuals and private charities, not government. When you voluntarily donate time goods or cash to private charity you do so from the heart. When government forces you to give to its "charities" you become a slave.
Americans give enormously to private charities even while government confiscates a good chunk of our income for no other reason than to give it to someone else.
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