The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1885-03-20
THE GENERAL WELFARE.
c.orge Ticknor Curtis on the '1mplied Pow
r .rs of the Constitution"-Erro1 that Pre-
rail as to Its General Welfare Clause
1IiberaI'' and Strict Construc-


x.rs of the Constitution that Pre-
rail as to Its General Welfare Clause
-'Iiberal'' and Strict Construc-
tons
"The Implied Powers of the Consti-
tution' was the title of most able
and. instructive paper read before the
law school of Georgetown university
hv Hon. George Ticknor Curtis, says
The Washington Post. The lecturer
Atated that there were two ways Of
interpreting the constitution-the ''lib-
erapS and the "strict" Interpretation.
He had found it best to disregard both
of these systems, and favored funda-
mental rule for interpreting what
are called the incidental or implied
powers, which he went on to explain.
but before doing So" he said, "let
me direct your attention to matter
which seems almost to require some
apology for alludlng to it at all. We
hear much nowadays about the So
cAlled general welfare clause of the
constitution. The constitution uses
the words general welfare in just two
places, and no more. In the pream-
Bile, the promotion of the general well
fare is one of the objects enumerated,
along with five others, for which the
people of the United States ordain and
establish the constitution. The widest
and most latitudinarian construction
list would hardly venture to tell an au-
dience of intelligent Law students that
Me preamble of the constitution con-
talns any grant of power. 1t simply
asserts the grand objects which the
people aim to secure by the constitu-
tion; but as to the means by which
they do secure these desirable objects
we must look into the body of the consti-
tuition and among its enumerated pow
ers. Looking into the body of the in
strument, we come upon the first
clause of the eighth section of article
Il of the constitution. which contains
: the grant of the taxing power Here
the words general welfare are used
again, and, strange to say, there are
persons who suppose that this clause
contains grant of authority to tax IN
order TO promote the personal welfare
of every man, woman, and child in the
United States. shall merely counsel
YOU to analyze the clause and see how
strange this notion is. The clause
grants to the congress power to tax
the people for three SPECIAL purposes:
first, to pay the debts of the United
States; second, to provide for the COM
mon defense of the United States;
third, to provide for the general well
fare of the United States. In every one
of these special purposes for which the
taxing power is to be exercised the
United States means the political cor
poratIon known as the United States,
tand not the individual inhabitants of
the country. The debts that are to be
paid are the debts of the government;
the common defense that is to be pro-
vided for is the defense of the govern
ment in all those matters in which it
has duties of defense to discharge for
the whole country; the general well
fare that is 20 be provided for IS the
well-being of the government in all
those matters of which it has special
cognizance, and in respect TO which
its efficiency is a matter of concern to
the whole union. In the very next
clause. which contains the grant of
power to borrow money on the credit
of the United States, the United
States is used in the same sense,
meaning the government known as the
United States. 1t is on the credit of
the government, not on the credit of
individuals or of states, that congress
is authorized to borrow money.
Snow look at the stupendous COM
munism that is wrapped up in the tax
ing power, or the supposition that it
includes power to tax for the promo
Is ~, Of ind wi IL,
There is no limit to the taxing power,
excepting that duties, imposts, and
excuses must be uniform throughout
the United States. All the property in
the country may be taxed without
limit for the legitimate objects of tax
alton. If one of those legitimate OBJ
jects is the welfare of individuals, or
masses, or classes, or of the whole peo
pie, the two houses of congress and
any president, acting together, can di
vide up all the property in the coun-
try, upon plea that general divide
will promote the general welfare. By
this process, this government could
devour itself, and there would be moth
ing left for it to subsist upon; but it
happens that one of the great pur-
poses for which this government was
established was the protection of prop
erty, and its constitution contains
guarantees designed for the protection
of property that are more remarkable
and efficient than any that exist under
most of the other governments in the
world AT the same time the consti-
tuition contains guarantees of personal
rights that are as strong and efficient
as those afforded to the rights of prop
erty. But will detain you no longer
upon this very singular notion of the
general welfare, excepting to remark
that there are now large establish
ments in this government on which
great sums are expended every year,
and which rest on no better constltu-
tional foundation than this strange no.
ton of the general welfare clause.
Some Of these establishments can not |
= q