A Quote by Andrew Napolitano
The other General Welfare Clause is in the first of the authorities given to the Congress and it's not a grant, it's a restriction. By which I mean it doesn't say Congress can legislate for the general welfare, it means that everything Congress must do has to enhance the general welfare of the United States of America. It can't grant things to individuals, it can only legislate for the government.
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Thomas Jefferson explained, Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated. .. If Congress can determine what constitutes the general welfare and can appropriate money for its advancement, where is the limitation to carrying into execution whatever can be effected by money?.
To refer the power in question to the clause "to provide for the 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.
To lay taxes to provide for the general welfare of the United States, that is to say, 'to lay taxes for the purpose of providing for the general welfare.' For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union.
Money cannot be applied to the *general welfare*, otherwise than by an application of it to some *particular* measure conducive to the general welfare. Whenever, therefore, money has been raised by the general authority, and is to be applied to a particular measure, a question arises whether the particular measure be within the enumerated authorities vested in Congress. If it be, the money requisite for it may be applied to it; if it be not, no such application can be made.
If Congress can employ money indefinitely to the general welfare... they may appoint teachers in every state... The powers of Congress would subvert the very foundation, the very nature of the limited government established by the people of America.
General welfare is a general condition - maybe sound currency is general welfare, maybe markets, maybe judicial system, maybe a national defense, but this is specific welfare. This justifies the whole welfare state - the military industrial complex, the welfare to foreigners, the welfare state that imprisons our people and impoverishes our people and gives us our recession.
The preamble to the Constitution states: "We, the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general welfare..." It doesn't say "guarantee the general welfare." And it certainly doesn't say "give welfare benefits to all the people in the country who aren't doing so well even if the reason they aren't doing so well is because they're sitting on their butts in front of the TV".
The powers of Congress are totally inadequate to preserve the balance between the respective States, and oblige them to do those things which are essential for their own welfare or for the general good.
Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.
Patriotism is the intelligent appreciation that one's own welfare is inseparably connected with the general welfare and that to prosper personally one must intelligently do his utmost to maintain the general prosperity.
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.
Crime associated with our border is a serious threat to the general welfare of real citizens, and after all, isn't it the general welfare of citizens that the Constitution calls upon government to promote?
When you authorised Congress to borrow money, and to contract debts, for carrying on the late war, you could not intend to abridge them of the means of paying their engagements, made on your account. You may observe that their future power is confined to provide common defence and general welfare of the United States. If they apply money to any other purposes, they exceed their powers. The people of the United States who pay, are to be judges how far their money is properly applied.
I consider it…as subverting the fundamental and characteristic principle of the Government…and as bidding defiance to the sense in which the Constitution is known to have been proposed, advocated, and adopted. 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.
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.
To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that '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.
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