The General Welfare Clause and the Public Trust: An Essay in Original Understanding
56 Pages Posted: 4 Jan 2012
Date Written: 2003
This paper examines the original understanding behind the U.S. Constitution's controversial "General Welfare Clause." Based on Founding-Era word usage, public representations by advocates of the Constitution, and other historical evidence, the paper concludes that the General Welfare Clause is a limitation on the taxing power. The position of the modern Supreme Court --- that the Clause authorizes spending for the general welfare --- is based on insufficient research and an anachronistic understanding of language.
Suggested Citation: Suggested Citation
Natelson, Robert G., The General Welfare Clause and the Public Trust: An Essay in Original Understanding (2003). Kansas Law Review, Vol. 52, p. 1, 2003, Available at SSRN: https://ssrn.com/abstract=1979015
Do you have a job opening that you would like to promote on SSRN?
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.