The Welfare Clause

 IJames Madisonn the preamble to the U.S. Constitution it says “promote the general Welfare” and in Article I Section 8 Part 1 it says “The Congress shall have the Power to …. provide for the common defence and general Welfare of the United States;”. These references and any others of like kind are generally referred to as the “Welfare Clause” and give the federal government the authority to protect the people and their welfare. What exactly did the people who wrote the Constitution mean by the phrase “general Welfare”? A few quotes will suffice to get us started.

Let us start with the author of the Constitution James Madison:

“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. If the words obtained so readily a place in the “Articles of Confederation” and received so little notice in their admission into the present Constitution, and retained for so long a time a silent place in both, the fairest explanation is, that the words, in the alternative of meaning nothing or meaning everything, had the former taken for granted.” (Translation: If you have not been given the power to do something, you cannot use “general Welfare” as a justification for doing it. This is not the intention of these words.)

“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 constituents.” (Translation: Just because you feel sorry for someone, the federal government has no authority to help him).

“The government of the United States is a definite government, confined to specified objects. Charity is no part of the legislative duty of government.” (Translation: Just because you feel sorry for someone, the federal government has no authority to help him).

“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 … ” (Translation: Once you start spending money willy-nilly to promote the general welfare you have destroyed the entire concept of limited government.)

“As a man is said to have a right to his property, he may be equally said to have a property in his rights. Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions.” (Translation: When the government gets too big you will lose your freedom.)

“There are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.” (Translation: Eighty years of gradual socialism is just as dangerous as any sudden usurpation.)

“The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.” (Translation: Reread Article 1 Section 8 and the Tenth Amendment if you haven’t grasped it yet.)

“The powers delegated by the proposed Constitution are few and defined. Those which are to remain in the State governments are numerous and indefinite.” (Translation: None needed.)

A few more from the author of the Declaration of Independence Thomas Jefferson:

 “Congress has not unlimited powers to provide for the general welfare but only those specifically enumerated.”

“The natural progress of things is for liberty to yield and government to gain ground.”

“The greatest [calamity] which could befall [us would be] submission to a government of unlimited powers.”

“Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”

“When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.”

“I see, … And with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the States, and the consolidation in itself of all powers, foreign and domestic; and that, too, by constructions which, if legitimate, leave no limits to their power… It is but too evident that the three ruling branches of [the Federal government] are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.” (it sounds like the socialists were trying to get started around 1825.)

Summary:

The Welfare Clause is the most abused part of the United States Constitution. The forces of socialism claim it gives them the authority to pass any type of law they want to help people; this claim is false. They then cite certain Supreme Court rulings to buttress their claim; those rulings were invalid since the courts may not contradict the Constitution.

The people who wrote our founding documents were consistent in their writings about the Welfare Clause. They said you could not use the Welfare Clause as an excuse to exceed the Enumerated Powers of the Constitution. The destruction of the meaning of the Welfare Clause (coupled with the destruction of the meaning of the Commerce Clause) was the key to the destruction of the concept of limited government and the subsequent rise of socialism.

 


10 Responses to "The Welfare Clause"

  1. I am here to ask rather than comment. I believe in the Constitution, but I survive on a non-mil VA pension. As stated, the Welfare Clause does not mean helping just because you feel sorry for someone. So, if I join the Freedom Army, should my first duty be suicide? If so will you provide 45 mg Seconal?
    I became sick from long term unemployment and the subconscious terror that causes, such that I was unable to work when jobs were finally offered. I am trying my best to get hired by the People, and then I have plans to reduce the MASS WELFARE cost without killing off the recipients. However, if not voted into office, I have no means of a mediocre survival other than the said pension. So vote for me and save 0.012 Penny a year off of your tax (estimated). Physically I am worn, so don’t expect a pretty boy National Cheerleader for you President. I also intend to reduce Presidential Welfare (retroactive if I can) by reducing to 50% for retirement after 1 term and 75% for 2 terms and for a limited time of 10 – 15 years. If a former President cannot invest in municipals and such with that much pay, he/she should not have been President.
    As I said, I believe in the Constitution, and in the 2nd Amendment literally. Guns should be in the hands of “well disciplined” People. What we may call pistols and hunting rifles, .22 caliber and such as opposed to large mag auto and semi-auto assault weapons are the case for discipline. If you own an assault weapon, then you paid for it and it is yours. However, by owning it you just enlisted in the State Militia wherein one weekend a year you are trained. You won’t have to march, but get a refresher course in your responsibility for every round that leaves the barrel. Full auto “spray & pray” will mean you pray you ONLY hit the animal or person you aim at. There will be no hunting “accidents” with an assault rifle. It is murder or manslaughter because you take on such Responsibility when you choose to hunt with a War weapon. As a State Militiaman you will be called up if ever again we are in our present kind of leadership and the States actually decide to act with joint force. Also in yearly training you would be warned that use of your weapon in murder is automatic death penalty and mass murder is a hanging offense. Lethal injection isn’t scary enough to discourage.

  2. The Constitutional courses that you should all be scrambling to take are free at Hillsdale college in michigan. Before anyone starts listening to case law you need the basics. Otherwise how would you know the difference between the bullshit of judicial activism (which is an illegal form of amending the constitution and an opinion that does not violate the very document that it is talking about.

  3. The Hillsdale courses are very good and you can pay according to your ability.
    I intend to take advantage of all that I can get. My first attempt was not finished because of family trouble.
    Try to look ahead and take them when you can finish

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