General Welfare clause

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A General Welfare clause is a section that appears in many constitutions, and in some cases in charters and statutes, which provides that the body empowered by the document may enact laws as it sees fit to promote the well-being of the people governed thereunder. Such clauses are generally interpreted as granting the state a power to regulate for the general welfare that is independent of other powers specified in the governing document.

The United States Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. However, it is only the latter that is referred to as the "General Welfare Clause" of this document. Unlike most General Welfare clauses, however, the clause in the U.S. Constitution has been interpreted as a limitation on the power of the United States Congress to use its powers of taxing and spending. The narrow construction of the General welfare clause is unusual when compared to similar clauses in most State constitutions, and many constitutions of other countries. An international example is provided by a report from the Supreme Court of Argentina:

“ In Ferrocarril Central Argentino c/Provincia de Santa Fe, 569 the Argentine Court held that the General Welfare clause of the Argentine Constitution offered the federal government a general source of authority for legislation affecting the provinces. The Court recognized that the United States utilized the clause only as a source of authority for federal taxation and spending, not for general legislation, but recognized differences in the two constitutions.[1] ”

Similarly, the general welfare provision of the Articles of Confederation which preceded the United States Constitution are expressly read as providing that government with a power to enact laws:

“ Article III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. ”

[edit] References

  1. ^ Jonathan M. Miller, The Authority of a Foreign Talisman: A Study of U.S. Constitutional Practice as Authority in Nineteenth Century Argentina and the Argentine Elite's Leap of Faith, 46 Am. U.L. Rev. 1483, 1562 (1997).
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