The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The grant of power to "provide * * * for the general welfare" raises a
two-fold question: How may Congress provide for "the general welfare"
and what is "the general welfare" which it is authorized to promote? The
first half of this question was answered by Thomas Jefferson in his
Opinion on the Bank as follows: "* * * the laying of taxes is the
_power_, and the general welfare the _purpose_ for which the power is
to be exercised. They [Congress] 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_. In like manner, they are not _to do anything they
please_ to provide for the general welfare, but only to _lay taxes_ for
that purpose."[274] The clause, in short, is not an independent grant of
power, but a qualification of the taxing power. Although a broader view
has been occasionally asserted,[275] Congress has not acted upon it and
the Courts have had no occasion to adjudicate the point.
Hamilton _v._ Madison
With respect to the meaning of "the general welfare" the pages of The
Federalist itself disclose a sharp divergence of views between its two
principal authors. Hamilton adopted the literal, broad meaning of the
clause;[276] Madison contended that the powers of taxation and
appropriation of the proposed government should be regarded as merely
instrumental to its remaining powers, in other words, as little more
than a power of self-support.[277] From an early date Congress has acted
upon the interpretation espoused by Hamilton. Appropriations for
subsidies[278] and for an ever increasing variety of "internal
improvements"[279] constructed by the Federal Government, had their
beginnings in the administrations of Washington and Jefferson.[280]
Since 1914, federal grants-in-aid,--sums of money apportioned among the
States for particular uses, often conditioned upon the duplication of
the sums by the recipient State, and upon observance of stipulated
restrictions as to its use--have become commonplace.[281]
Triumph of the Hamiltonian Theory
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account