The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Wednesday, February 28, 2018

General Welfare, again

I suppose it's never for the last time, eh?

Article 1, Section 8, clause 1 of the US 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; but all Duties, Imposts and Excises shall be uniform throughout the United States. . . .

It does not actually say

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, in order to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. . . .

Nor does it say,

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 through the exercise of those powers conferred on it elsewhere in this constitution and not otherwise; but all Duties, Imposts and Excises shall be uniform throughout the United States. . . .

Nor indeed does it combine both interpolations.

So perhaps the simplest reading is that this is a grant of several distinct powers, followed by a restriction on the first few.

The Congress shall have power to:

Lay and collect taxes, duties, imposts, and excises,

Pay the debts of the United States,

Provide for the common defense of the United States,

And provide for the general welfare of the United States.

But all Duties, Imposts and Excises shall be uniform throughout the United States.

Nothing in the clause itself limits any of these powers in any way.

And the occurrence of the clause in a series of clauses granting powers does not in itself limit these powers, either.

A very liberal reading, yes, and not at all likely acceptable to any Republican jurist.

It is what it is.

And however this reading might have shocked some of the Founders and their generation, a reading of the Preamble makes it far less implausible, at least as regards existence of a distinct power to provide for the general welfare.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.

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