Re: [Independent View] Thanks But No Thanks-Govt Health Care Is Not Constitutional

Thanks to one of my blog readers for clarification regarding the use (misuse by the entitlement crowd) of the term "general welfare" in the Constitution. Although the words of the Preamble are also often referenced, Earl is correct that the introductory clause in Article 1, Section 8 is cited by as he says "big government types" as justification for expanding the powers of Congress. Thanks, Earl, for contributing to the discussion and keeping me on track.

Obviously the words "general welfare" have been causing a problem from the outset as broad terms tend to do. The commentary by Madison and Jefferson, certainly helps enlighten us about the real thinking of those who wrote our Constitution and thanks for taking the time to look up this information and to share it . ~~~ S.Lane

Clarification:

You're a little mistaken in your reference but not in your conclusions. The "general welfare" clause cited by big government types is actually that in Article 1, Section 8 of the U.S. Constitution:

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general Welfare of the United States..."

Sounds good for the Statists, except when you consider what James Madison (pretty much the author of the Constitution) wrote in a a letter:

With respect to the 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.

In other words, the general welfare clause cited by big government types is an introductory paragraph (much like the preamble) to the enumerated powers listed in the Article. It is not meant to be a broad-brush grant of powers to Congress to do as they see fit.

And of course Thomas Jefferson:

"Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."
--Thomas Jefferson, Letter to Albert Gallatin, 1817

Article 1, Section 8 does a pretty good job of detailing those enumerated powers. Nowhere will you see where it says the government has the power to provide things for the welfare of people, but for the welfare of the nation as a whole. Welfare pretty much meaning: protection of individual rights and liberties (not to mention defending the country from invaders and hostile acts), the rule of law (such as to prevent anarchy), and to do those things that benefit the nation AS A WHOLE, such as Roads (which could be reasonably be extended to air transportation control (i.e. Air traffic control, air safety, etc)) that it is reasonable for the government to assume because it would be chaotic for individuals to do on their own.
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Whichever "introductory" words from the Constitution the big government-big entitlement bunch choose to buttress their arguments, they are, obviously, either through ignorance or deliberate misconstruing of that document, using a fallacious argument. /SL