Congressman Tim Bishop referred to it in his town hall meeting. If you ask a statist where does the Constitution authorize them to get involved in every detail of our lives, the only place they can point to is Article I, Section 8:
The Congress shall have the 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; {my emphasis}
So what does the general Welfare mean? Statists who claim the Constitution is a living breathing document believe that this clause gives them the right to do whatever they please, and whatever gets them reelected. As conservatives we believe in original intent and therefore we have to go back to what the founders meant when they penned those words. Why is that an important distinction? Because the meaning of words change.
Are You Gay?
If you were asked that question in the eighteenth century, the questioner would have been asking you if you were merry; keenly alive and exuberant; having or inducing high spirits. If asked that question today, the questioner wants to know if you are a homosexual. So if the founders wanted to emphasize that the Constitution was a serious document and wrote, “nothing contained herein should be construed to be gay,” no one at the time would have raised an eyebrow, other than the dopiness of the clause. If read in today’s context, it would create an uproar.
Are You Bad?
The band Huey Lewis and the News have a song called “Bad is Bad” and here is part of the lyrics:
“Went uptown to see my cousin
Plays guitar, sounds like a chainsaw buzzin
In the crowd, I see his mom and dad
I said hey, hey uncle, man your son is bad
But sometimes, sometimes bad is bad
Cool is a rule, but, sometimes, bad is bad.”
It plays upon how words change. Back when the Founders wrote the Constitution and you said someone was bad, you might find yourself choosing dueling pistols. Today, the response to the statement, “You’re bad,” would probably be, “Thanks, man.”
So if you don’t seek out the orignal meaning of the Constitution and our laws based on when they were written, everything can become meaningless over time.
What Did the Founders Mean by Provide for the General Welfare?
Alexander Hamilton was a proponent of a broad interpretation of the General Welfare and he supported that position during the Constitutional Convention. However proposals along those lines, such as spending for internal improvements were rejected by the Convention.
“{James} Madison repeatedly argued that the powers to tax and spend did not confer upon Congress the right to do whatever it thought to be in the best interest of the nation, but only to further the ends specifically enumerated elsewhere in the Constitution, a position supported by Jefferson.” — The Heritage Guide to the Constitution, p.93
There was another interpretation that fit in the middle that even Hamilton recognized. That was that the term “general” meant “national” welfare and not for purely local or regional benefit. President James Monroe demonstrated this
“in his 1822 message vetoing a bill to preserve and repair the Cumberland Road. Monroe contended that Congress’s power to spend is restricted ‘to purposes of common defense, and of general, national, not local, or state, benefit.” — The Heritage Guide to the Constitution, p. 93.
Later President James K. Polk vetoed a bill that looked a lot like today’s runaway earmarks.
“It provided $6,000 for projects in the Wisconsin territory — constitutionally permissible because of Congress’s broader power over federal territories — but it included $500,000 for a myriad of projects in the existing states. Polk contended that to interpret the Spending Clause to permit such appropriations would allow ‘combinations of individual and local interests [that would be] strong enough to control legislation, absorb the revenues of the country, and plunge the government into hopeless indebtedness.’” – ibid, p. 95
If you changed some of the numbers you could have written that today rather than in 1847. Where this came off the rails, along with so many other government disasters we are paying for today,was during FDR’s tenure beginning in 1936. Subsequent Supreme Court decisions left the definition of “General Welfare” up to Congress. How ridiculous is that? Justice Sandra Day O’Connor summed it up pretty well in her dissent in South Dakota v. Dole
“If the spending power is to be limited only by Congress’ notion of the general welfare, the reality….is that the Spending Clause gives ‘power to the Congress….to become a parliment of the whole people, subject to no restrictions save such as are self-imposed.’ This….was not the Framer’s plan and it is not the meaning of the Spending Clause.”
Out of Control Spending
The outrage demonstrated at the town halls shows that the American people are fed up with Congress ignoring what they are saying and bankrupting the country. The Supreme Court in the 1930s opened the door to profligate spending by Congress that was kept in check by the Constitution for 140 years prior. To allow Congress to define general welfare as they want and then spend accordingly, makes no sense logically or otherwise. If the Supreme Court does not set this right, a Constitutional Amendment may be required, and I am no fan of amending the Constitution at every turn. As an American I take pride our Constitution that we have only felt a need to amend 28 times in over 200 years. But if we allow changes in the definitions of words to drag the Constitution along with them, then we need to take measures to put the Constitution back where it was as a beacon to guide us rather than a quaint artifact of our history.