"We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and promote the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
So prefaces the US Constitution, the founding document of our federal government and the guarantor of recognition for human rights in this country (in theory, anyway). There are a few unique characteristics of the Preamble: One, is that it is merely an introduction to the purpose of the body of the document. Each point is upheld by a specific article enumerating how the federal government may reach each specific objective. For instance, amendments 4-8 deal expressly with establishing justice; article 1 authorizes the federal government to collect taxes for the purposes of national defense; the first amendment was written to ensure domestic tranquility. So which part of the Constitution deals with the general welfare?
The term "general welfare" appears only twice in the entire body of the Constitution; in the Preamble, and in Article 1, section 8, which details the entire scope of legislative power:
"
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;"
I see "general welfare," but where are "the people" in this article? Nowhere to be found. Article one deals only with the welfare of the states as a united entity, not with the individual states or with the individuals within those states. The person responsible for the welfare of the individual states is THEIR "president," the governor. The federal government may provide monies collected by taxes for three purposes and three only: To promote the welfare of the states; to provide for national defense; and to pay off debts incurred by those obligations. That's it.
James Madison once said, "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 …' Madison also said, "With respect to the two 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." Thomas Jefferson said, "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."
Some people now want to say that the founders actually would approve of a state-run health care act. If this is the case, I'm forced to ask two questions: One, if such an action was appealing to them, why did they not provide the government with the authority to pay for such an act?
Two, let's say you wanted to know about the mindset of a historical character -- we'll say the Apostle Paul. Would you read only the opinions of modern scholars? Or would you read Paul's writings and the commentary of those known to be close to him -- Barnabas, Timothy and Jude? If the latter, why would you disregard the words and opinions of the Constitution's own authors about the document itself? The "General Welfare" clause is not a blank check. It is a limitation of government authority, not an extenuation of it.
Next post: Free Speech, Fair Choices and Fun Facts
Update: Rose is doing a lot better. I made her an appointment anyway, just to be safe, but she's not sneezing anymore, her eye gunk has dried up and she's not snoring when she sleeps. I'm thinking it was an allergy or she ate a bug that disagreed with her -- either way, thank you for your prayers :)
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