General Welfare Not Meant To Be A Clause

"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

By Douglas V. Gibbs

The General Welfare Clause is one of the most misunderstood clauses in the U.S. Constitution - and it was not even supposed to be a clause.

Article I, Section 8, Clause 1 includes "General Welfare" not as an authority to the federal government, but as a description of the Republic should the laws of the land be made in accordance with the authorities granted by the Constitution.

If we go back to the Preamble, we read that one of the reasons the Founding Fathers created this new government with the writing of the Constitution was to "insure domestic Tranquility." One must ask, "Why was there a need for domestic tranquility?"

The States were much like siblings. The States fought over just about everything. They argued over commerce, borders, legal jurisdictions, currency, weights and measures, communication, religion, and a number of other issues. Yet, despite their disagreements, when it came to the American Revolution, they united against a common enemy. After the war, the quarrels resumed. The fighting between the States became such a problem that many worried it would tear apart the union. One of the many reasons for the need of a new government, as provided by the U.S. Constitution, was so that the central government would have enough authorities to act as a mediator between the States.

Acting as a referee in matters that caused disputes between the States would help the federal government provide for the General Welfare of the republic.

Another reason for the writing of the new constitution was to give the federal government enough power to defend the union from invasion and domestic insurrection. Under the Articles of Confederation, the central government was unable to provide for the common defense because the government did not have the authority, nor the financial means, to field a military. With the ability to field a fighting force, the federal government would be able to protect the States from foreign invasion, while also keeping internal conflict at bay as well.

By providing for the common defense, the federal government would also be ensuring the General Welfare of the Republic.

In other words, if the federal government was doing what it was supposed to do, as a mediator between the States, and as a protector of the States by providing for the common defense, the States would enjoy a general welfare of the republic. The Founding Fathers wanted to make sure that squabbles, internal conflict, or foreign intrusion did not place the welfare of the union in jeopardy.

General Welfare is an adjective, not an authority.

The General Welfare of the republic was the goal, which would be achieved if the federal government abided by the limiting principles of the U.S. Constitution.

-- Political Pistachio Conservative News and Commentary