The “General Welfare” Clause

There are those that insist that what is sometimes called the “General Welfare Clause” in the United States Constitution justifies and even mandates that America be a cradle to grave welfare state, that it lends Constitutional sanction to our government taking from some in order to give to others.  But no honest student of American history could possibly hold this erroneous notion.

To clear up a misconception held by some, the General Welfare Clause is found in Article I, Section 8 of the Constitution, not in the Preamble which also mentions the general welfare, and reads, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.  This statement is the justification for a new defining document to replace the anemic Articles of Confederation and lists the purpose and goals of the Constitution; it is not part of the Constitution proper and has no legal standing.  Nevertheless, the analysis of the term “general welfare” below applies to its use in the Preamble as well as in the General Welfare Clause.

Article I of the Constitution defines the legislative branch of our central government.  The first seven sections of Article I lay out the structure of the legislature, the qualification requirements for Senators and Congressmen, the apportionment of representation of the States, and other defining statements.  Article I, Section 8 enumerates the powers and responsibilities of Congress and begins with the “Taxing and Spending Clause” which includes the “General Welfare” clause: “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;…”  This statement fulfills the primary purpose of the Constitutional Convention which was convened to correct the inadequacies in the Articles of Confederation, the most blatant being the lack of congressional authority to tax. 

But what does that part about the general welfare mean?  Obviously it’s mentioned along with providing for the common defense as justification for giving the central government the power to tax, but again – what does it mean?  The key is in the word “general” which means, according to Webster’s primary definition: “Of, for, or from the whole or all; neither particular nor local.”  From the time of the Mayflower Compact that bound the Pilgrims into “a civil body politic” with authority “to enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony;”, the word “general” was used in colonial charters and State constitutions to mean ALL citizens.  Also worth noting is the definition of “welfare”: “The state of being or doing well; condition of health, happiness and comfort; well-being; prosperity.”

 In other words, in addition to providing for the common defense, the central government, with appropriation authority held by Congress and administration in the realm of the President, can spend tax money on things that promote the well-being of all of American society, but this clause specifically DOES NOT authorize Congress to appropriate or the President to spend money to benefit any subset of society; such appropriations would be beneficial to the welfare of some, but not to the general welfare. General Welfare cannot mean to harm some in order to benefit others or to take from some in order to give to others.

Obviously many of the ways that Congress chooses to spend taxpayer money do not provide for the common defense or promote the general welfare, but rather promote the welfare of some at the expense of others, but looking for a legitimate example of government promotion of the general welfare, few will argue against government support of public education.  An uneducated citizenry unable to compete in a complex world and unable to understand the fundamental benefits and responsibilities of citizenship is detrimental to the nation as a whole - to every citizen, and to the degree that public education eliminates such ignorance it indeed promotes the general welfare as intended by the Framers of the Constitution.  We may debate about whether or not our current education system accomplishes this goal, but the desirability of the goal, and the fact that it indeed promotes the general welfare of the United States should be universally accepted.  On the other hand appropriations for studying the effect of marijuana consumption on the mating habits of chimpanzees benefit only those being paid to do the research (and, of course, the chimpanzees).  Those favoring such appropriations must look elsewhere in the Constitution for justification.  These examples are used merely to illustrate the meaning of “general welfare”, chosen because few, other than chimpanzees, will argue with them.  Others may debate additional examples of government expenditure and whether or not they legitimately promote the General Welfare.

Thomas Jefferson and James Madison both weighed in on the General Welfare Clause and warned about its use to justify bigger government.  Madison wrote, “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”. Jefferson said much the same thing using less than half the words, “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.” These statements stress that the General Welfare Clause does not give congress additional powers over those specifically listed (enumerated) in the Constitution, it is simply mentioned as justification for giving the central government in general, and congress specifically, the authority to tax.

It was understood by our Founders and Framers that in its most fundamental definition the only purpose of government is to promote the general welfare of its citizens – this is the foundation of the Social Compact, the agreement of all citizens to give to a governing body reasonable power and means to protect the lives and property of those that choose to live under its jurisdiction. A wonderful, literal example is the Mayflower Compact mentioned above.  All legitimate functions of government promote the general welfare: defending citizens from outside aggression, passing just and equitable laws, and punishing those that break those laws all promote the general welfare.  If government does not protect the lives and property of its citizens, then there is no reason, purpose, or justification for government, and to be legitimate the social compact must apply equally to all; justification of government is eroded any time one segment of society is benefited at the expense of another.