General Welfare

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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

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