Saturday, November 1, 2014

General Welfare

We don't move in any 'ticular direction
And we don't make no collections
--The Who

The 'Welfare Clause' is often cited as justification for myriad federal government programs including socialized medicine and social security. However, couched in the notion that all individuals are equally endowed with certain inalienable rights, and that all people should therefore be treated equally under the law, only those federal programs that can be construed ex ante to result in equal benefits for all are valid.

Of course, this perspective would drastically reduce legitimate federal programs as few would pass the true general welfare test.

This was the scope of the Welfare Clause that Jefferson, Madison, and others had in mind.

1 comment:

dgeorge12358 said...

As a man is said to have a right to his property, he may be equally said to have a property in his rights.
~James Madison