The General Welfare Clause and the Public Trust: An Essay in Original Understanding

Abstract

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.