Final Thoughts
When I first started to write about general welfare, I at first thought it might be a two, three maybe four part article, but it eventually morphed into TEN and now eleven parts, and I still did not cover all that I wanted to. I was however was able to cover the various arguments and circumstances surrounding the term “general welfare” in many respects. Throughout the discussion we have covered some of its first origins and uses, how it came to be part of the Constitution, and the debates about it after the Convention finished, and leading up to when the Supreme Court started to hear arguments over it [which is another entire discussion in itself]. The focus here has not been what Supreme Court has thought of the term in Article I Section 8 Clause 1, but how others thought of it before and shortly after it even became law. Why was it used, and what was its pedigree to those who decided to put it in the Constitution, and how it was viewed by those who ratified it.
Throughout all of these discussion from the Articles of Confederation to Thomas Jefferson’s and James Madison’s letters a few things become relatively evident about general welfare.
It’s origin is directly from the Articles of Confederation. In those Articles, the term carried no weight of power at all, but used to describe the purpose of the following powers.
No debate occurred in the Convention of 1787 over this term. This is compared to the lengthy debates on nearly every other power granted in the Constitution. For this term to be a means of a broad general power, and NOT be debated, while other much less significant powers created intense debate is remarkable. This can only imply it was never viewed as a general power.
Even in it most expansiv...
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...d Constitution, though Journals do reflect the fact he submitted one for consideration. The Draft used as his proposal was submitted by Pinckney himself in 1818 years after the Convention, when an attempt was being made to collect and preserve all information from the Convention itself by future President John Quincy Adams. The fact that limited records from the Convention details his proposals does call into question the accuracy of the Draft he submitted as to being the one actually proposed on May 29, 1787, though notes from James Wilson discovered in the early 1900’s tend to show much a what he submitted to be accurate.
3 Encyclopedia Britannica
References:
Articles of Confederation
United States Constitution
Constitutions in effect in 1787 of; Pennsylvania, Maryland, New York, North Carolina, New Hampshire
Max Farrands records on the Convention
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
This Convention was about the Articles of Confederation and went through it and debated on how to make revisions to it. John Rutledge was ahead of many committees even the committee that drafted the first version of constitution.
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within
All of the framer of the U.S. Constitution had one thing in common, they all felt that the government didn't have enough power. At the same time they didn't want to give the government to much power. They all knew if there was power to be held someone was going to hold it and over use it The framers didn't want to create a system like Britain or England.
To counter these and a variety of other arguments, statesmen Alexander Hamilton, James Madison, and John Jay composed a series of articles that would logically and critically address the grievances of those opposed to the...
The committee consisted of two New England men, John Adams of Massachusetts and Roger Sherman of Connecticut; two men from the Middle Colonies, Benjamin Franklin of Pennsylvania and Robert R. Livingston of New York; and one southerner, Thomas Jefferson of Virginia. In early June, the committee met as a whole and unanimously insisted that Jefferson draw up the declaration. Jefferson wrote that the other members of the committee "unanimously pressed on myself alone to undertake the draught. I consented; I drew it; but before I reported it to the committee I communicated it separately to Dr. Franklin and Mr. Adams requesting their corrections. . . I then wrote a fair copy, reported it to the committee, and from them, unaltered to the Congress." Jefferson's account reflects three stages in the life of the Declaration: the document originally written by Jefferson; the changes to that document made by Franklin and Adams, which resulted in the version that was submitted by the Committee of Five to the Congress; and the version that was eventually adopted.
The Preamble states “ promote the general welfare…” (Law.com, 2015). This is saying that citizens would be cared for by the Federal Government. The Federal Government will try to take care of each citizen the best they can. For example, for those people who do not make enough income, they can receive welfare to help them out. Also, hospitals are put everywhere to take care of sick or injured people. The next line in the Preamble is “ and secure the Blessing of Liberty to ourselves and our Prosperity…” (Law.com, 2015). This line was included in the
The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a single dominant branch does not arise.
...ers. It also defined what power a state has over a legitimate federal institution. For example, a state may not use its power to impede the operation of a federal institution by taxing its activities, but still has the authority to collect property tax from a federal institution.
Consistent to eighteenth-century ethos left the Constitution-makers with great faith in universals. They believed in an inexorable view of a self-interested man. Feeling that all me were naturally inclined to be bad they sought a compromising system of checks and balances for government. This was bolstered by the scientific work by Newton, ?in which metaphors sprang as naturally to mens minds as did biological metaphors in the Darwinian atmosphere of the late nineteenth century.? Therefore Madison and others thought to squelch the possibly dangerous majority by setting up a large number and variety of local interests, so that the people will ?be unable to concert and carry into effect their scheme of oppression.? And thus, chief powers went to the propertied.
Articles were written by a committee of the Second Continental Congress. John Dickson was the
Welfare programs are an important part of American society. Without any type of American welfare, people will starve, children will not receive the proper education, and people will not receive any medical help simply because they do not have the resources available to them. Each of the three aspects of the American welfare system are unique in their own ways because they are funded differently and the benefits are given to different people. While support for these welfare systems has declined in the more recent years, the support for it when it was created was strong.
The morality of social welfare systems, or the morality of crafting laws to aid American citizens in poverty, is a subject that (like myriad ethical issues) is hotly debated to say the least. For example, some opponents of social welfare institutions maintain the view that such programs "increase the reward or reduce the penalties" of poverty; thereby ostensibly making an impoverished state appealing even to people who might initially have been motivated to earn a living by conventional means. In other words, welfare programs (according to opponents) encourage otherwise productive individuals to embrace laziness, for basic human needs would be met by such institutions, eliminating the need to work at all. Those opposed to social welfare plans have also been known to claim that an "unfair burden is placed upon workers who must pay for the system." When one considers the above opposing views, it would then stand to reason that proponents of social welfare programs might maintain that it is the moral responsibility of working citizens to provide assistance and funding for programs such as Aid to Families with Dependent Children, the Food Stamp program, or the like. This supposition is confirmed upon examination of the notion that, when basic human needs such as "food, housing, and medical care" are not met, one is consequently rendered unable to uphold any level of social freedom. Given the above information, one can safely deduce that modern supporters of social welfare organizations are under the impression that such programs provide the impoverished masses with the means by which to obtain the level of general well-being vital to acquiring work in the first place.
O?Beirne, Kate. ?The State of Welfare: An old and tricky question resurfaces.? National Review 54.2 (February 11, 2002): 1--2. Online. Information Access Expanded