Valgora wrote:Valrifell wrote:
From skimming the Wikipedia page, it looks like it's the opposite. The General Welfare clause has only gotten more broad, especially since 1936. Once again, Hamilton wins.
"The U.S. Supreme Court has held the mention of the clause in the Preamble to the U.S. Constitution 'has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments.'
The Supreme Court held the understanding of the General Welfare Clause contained in the Taxing and Spending Clause adheres to the construction given it by Associate Justice Joseph Story in his 1833 Commentaries on the Constitution of the United States. Justice Story concluded that the General Welfare Clause is not a grant of general legislative power, but a qualification on the taxing power which includes within it a federal power to spend federal revenues on matters of general interest to the federal government."
It can really only be used as justification of spending federal revenue on something, but not for legislating laws.
"The mention in the preamble". Not the mention in Article 1, Section 8. See US v. Butler:
[T]he [General Welfare] clause confers a power separate and distinct from those later enumerated, is not restricted in meaning by the grant of them, and Congress consequently has a substantive power to tax and to appropriate, limited only by the requirement that it shall be exercised to provide for the general welfare of the United States. … It results that the power of Congress to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution. … But the adoption of the broader construction leaves the power to spend subject to limitations. … [T]he powers of taxation and appropriation extend only to matters of national, as distinguished from local, welfare.