what does promote the general welfare mean the constitution according to james madison
General Welfare Clause - James Madison's Alarm: Its not about Coin
By KrisAnne Hall, JD
Commodity 1 section 8 clause 1 of the Constitution reads:
"The Congress shall have Ability 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…"
From this clause, many take construed the "general Welfare" statement to grant practically unlimited power to Congress to collect and spend the tax payers' coin on whatever cause Congress may invent for the "good" of the regime or the people. Is that what the designers of our Constitution intended when they penned those words "general Welfare?"
James Madison, the Male parent of the Constitution and 4th President suggests that the significant of the "full general Welfare" clause is the exact opposite.
According to the father of the Constitution the powers delegated to the central regime "are few and defined and those that remain in the States are numerous and indefinite." Federalist #45.
Madison likewise explained that those powers are "reserved to external objects" of "war, peace, negotiation, and strange commerce." He also stated that the central authorities's ability to tax is intended to be express to those powers. Federalist #45
In 1792, while serving as a representative to the people of Virginia, Madison made the true meaning of this often abused "general welfare clause," during a contend on The Cod Fishery Beak. Madison begins by reminding the representatives of what he explained in Federalist #45:
"I sir have e'er conceived—I believe those who proposed the Constitution conceived—it is yet more fully known and more fabric to notice, that those who ratified the Constitution conceived—that this not an indefinite authorities…just a limited government tied downward to the specific powers."
Madison knew during the ratification of this Constitution, much discussion was heard on the meaning of the "general welfare" clause, as some delegates were concerned that this clause would offer too much power to the federal government. During the Virginia Ratification Debates, Edmund Randolph explained to Patrick Henry, that the "general welfare clause" did not equate to full general powers:
"But in the full general Constitution, its powers are enumerated. Is it not, and so, fairly deducible, that it has no power simply what is expressly given it? – for if its powers were to be general, an enumeration would exist needless …But the rhetoric of the gentleman has highly colored the dangers of giving the general government an indefinite power of providing for the general welfare. I contend that no such ability is given." [accent mine]
Every bit Madison also reminds the House, this very specific and express meaning of the "general welfare clause" was the accepted meaning by those who ratified the Constitution. So Madison continues in 1792, to explain that the "Full general Welfare clause" was added to instruct the federal government in the purpose of the limited powers existence delegated; so the central authorities would use those delegated powers for the union every bit a whole, rather than for the do good of one State over the other. This contend makes it crystal clear, that this is non a blanket power to "do anything you can think of" to promote the so-chosen general welfare. It is in fact a limitation to direct that the ability be wielded equitably.
This definition was and so settled in the minds of those who ratified the Constitution, James Madison wrote a letter to James Robertson, Jr. repeating the application of the "full general welfare clause" those who ratified the Constitution consort:
"With respect to the words "Full general welfare" I have e'er regarded them as qualified by the detail of powers connected with them. To accept them in a literal and unlimited sense, would be a metamorphosis of the Constitution into a graphic symbol, which in that location is a host of proofs was not contemplated by its Creators ."[emphasis mine]
Even Thomas Jefferson in his letter of 1817 to Albert Gallatin remarks at how absurd information technology would be to propose that the "full general welfare clause" conveys a full general and relatively unlimited power to Congress:
"provide for the general welfare," was an extension of the powers specifically enumerated to whatever would promote the full general welfare; and this, you know, was the federal doctrine …that Congress had non unlimited powers to provide for the general welfare, just were restrained to those specifically enumerated; and that, as information technology was never meant they should provide for that welfare simply by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their activity; consequently, that the specification of powers is a limitation of the purposes for which they may raise money ." [accent mine]
The drafters of our Constitution knew the dangers inherent in a federal government unlimited by but its own pattern. In Cod Fishery Bill debate Madison gives a stern warning to the House of the consequences of interpreting this clause equally a general average power, rather than a clarification of the intent that the express powers be used to the general benefit of the entire union. He says if the general welfare clause takes is erroneously given such a wide meaning then we will have a govt that is far more expansive than what the Constitution authorizes:
"…for if the clause in question really authorizes Congress to do whatever they think fit, provided it exist for the general welfare, of which they are to approximate, and money tin be practical to it, Congress must have power to create and support a judiciary institution, with a jurisdiction extending to all cases favorable, in their stance, to the full general welfare, in the same manner as they have power to pass laws, and apply money providing in any other way for the general welfare….
If Congress tin can use money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the intendance of organized religion into their Own easily; they may appoint teachers in every state, county, and parish, and pay them out of their public treasury; they may take into their own hands the education of children, establishing in similar manner schools throughout the Union; they may presume the provision for the poor; they may undertake the regulation of all roads other than post-roads; in brusk, every thing, from the highest object of country legislation down to the nearly infinitesimal object of police, would be thrown nether the power of Congress; for every object I take mentioned would admit of the application of money, and might be called, if Congress pleased, provisions for the general welfare." James Madison, On The Cod Fishery Pecker, Granting Bounties, 1792
It is relevant to note in this discussion that Madison is remarking that it would be an unconstitutional expansion of power for the central regime to involve itself in areas such as education, roads, social welfare, and law enforcement. He is speaking to his colleagues in extremes to show his point that interpreting the clauses in this manner would effect in an unlimited central regime, a notion that would accept been highly offensive to the men involved in this fence. And had they not been convinced that the cardinal govt was barred by the Constitution form intruding into these areas, they would have never ratified the Constitution.
So according to the Father of the Constitution, the General Welfare clause does non requite power or permission for federal involvement in the internal affairs of the States. At that place is no provision in the Constitution for federal ability over parks, schools, preserves, constabulary, hospitals, healthcare, or the myriad of other "programs" funding using the "general welfare clause" as a justification for the increase of their ability. And to the contrary, once nosotros encounter the adoption an erroneously expansive interpretation of the general Welfare clause, and run into federal involvement in our schools, local governments, parks, preserves, police, roads, and every minute thing of our lives, nosotros will know nosotros have an absurdly out of control federal government.
Equally Madison himself said,
"I venture to declare it every bit my stance, that, were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited government established by the people of America; and what inferences might be drawn, or what consequences ensue, from such a step, information technology is incumbent on united states all to consider."
Because we have turned Constitutional estimation over to the musings of those in power, we have immune those entrusted with the preservation of the Constitution to "transmute" into something other than a Constitutional Republic. In an arrogance magnified by ignorance, the political elite take decided that the wisdom sown into our founding documents and expressed in the profuse writings of its framers does non need to exist consulted.
The fact is, this wisdom is tied to over 700 years of lessons in history and 5 foundational Liberty Charters, not to mention the political philosophers and writers that the designers of our Constitution diligently consulted. The question is, where is such negligence leading us? What kind of government are nosotros allowing? Into what take we been transmuted? And as James Madison asked "What consequences might ensue?"
Source: https://krisannehall.com/index.php/resources/articles/208-general-welfare-clause-james-madison-s-warning-its-not-about-money
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