Of all the limitations upon the power to tax and spend, the General
Welfare clause appears to have achieved notoriety as the most
contentious. The dispute over the clause arises from the disagreement
over what exactly is meant by the phrase "general welfare."
The two primary authors of the Federalist Papers essays set forth two
separate, conflicting theories:
* the narrower view of James Madison that spending must be at least
tangentially tied to one of the other specifically enumerated powers,
such as regulating interstate or foreign commerce, or providing for the
military, as the General Welfare Clause is not a specific grant of
power, but a statement of purpose qualifying the power to tax;[13][14] and
* the broader view of Alexander Hamilton that spending is an
enumerated power that Congress may exercise independently to benefit the
general welfare, such as to assist national needs in agriculture or
education, provided that the spending is general in nature and does not
favor any specific section of the country over any other.[15]
http://en.wikipedia.org/wiki/Taxing_and_Spending_Clause
Maureen wrote:
> Article 1, Section 8. The Congress shall have 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; but all
> duties, imposts and excises shall be uniform throughout the United
> States;
>
> Congress passed laws creating food stamps and unemployment, as they
> are allowed by the Constitution to do under Section 8 above:
> specifically, providing for the general welfare of the United States.
> No constitutional challenge has been made to these laws, hence they
> are valid under Section 8, and would not be reserved to the states
> under the tenth amendment.
>
> On Sat, Oct 11, 2008 at 3:18 PM, Loathe <[EMAIL PROTECTED]> wrote:
>> food stamps and unemployment are not powers specifically granted to the
>> legislature of the United States of America. Therefore they should be
>> legislated at state level. If you believe in the constitution at least.
>>
>> See most people really don't anymore. They like to cherry pick it, take
>> a piece and leave the rest.
>>
>> You know that pesky bill of rights?
>>
>> What does the 10th one say?
>
>
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