A Law and Economics Analysis of the General Welfare Clause

7 Pages Posted: 6 Apr 2014

See all articles by Robert W. McGee

Robert W. McGee

Fayetteville State University - Department of Accounting

Date Written: April 6, 2014

Abstract

The General Welfare Clause of the United States Constitution grants authority to the federal government to expend funds that provide for the general welfare. If one were to apply utilitarian economic theory to the General Welfare Clause, one might reasonably conclude that the government only has the authority to pass legislation that benefits some supermajority of the population. In other words, all special interest legislation is unconstitutional, and therefore not valid law. This paper explores the issue of legislation from the perspective of law and economics.

Keywords: General Welfare Clause, utilitarian, ethics, Constitution, bailouts, foreign aid, protectionism, tariffs, quotas, antidumping, sanctions, trade legislation, Social Security, supermajority, occupational licensure, rent seeking, redistribution

JEL Classification: H81, F35, F51, H55, P33, Q27, F1, F13, J44, K, I31, D72

Suggested Citation

McGee, Robert W., A Law and Economics Analysis of the General Welfare Clause (April 6, 2014). Available at SSRN: https://ssrn.com/abstract=2420982 or http://dx.doi.org/10.2139/ssrn.2420982

Robert W. McGee (Contact Author)

Fayetteville State University - Department of Accounting ( email )

Fayetteville, NC 28301
United States

HOME PAGE: http://robertwmcgee.com

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