General Welfare clause

General Welfare clause

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:

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:

References


Wikimedia Foundation. 2010.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • general welfare clause — general wel·fare clause / wel ˌfar / n often cap G&W&C: a clause in Article I, Section 8 of the U.S. Constitution empowering Congress to provide for the general welfare of the United States (as through the collection of taxes) Merriam Webster’s… …   Law dictionary

  • general welfare clause — The provision of the U.S. Constitution (Art. I, Sec. 8, Cl. 1) which declares that Congress may tax and pay debts in order to provide for the general welfare of the United States …   Black's law dictionary

  • general welfare clause — The provision of the U.S. Constitution (Art. I, Sec. 8, Cl. 1) which declares that Congress may tax and pay debts in order to provide for the general welfare of the United States …   Black's law dictionary

  • welfare clause — Constitutional provision (Art. I, No. 8) permitting the federal government to enact laws for the overall general welfare of the people. It is the basis for the exercise of implied powers necessary to carry out the express provisions of the… …   Black's law dictionary

  • general — gen·er·al / jen rəl, je nə / adj 1: involving, applicable to, or affecting the whole 2: involving, relating to, or applicable to every member of a class, kind, or group 3: not confined by specialization or limitation 4: relating to, determined by …   Law dictionary

  • Taxing and Spending Clause — Article I, , Clause 1 of the United States Constitution, is known as the Taxing and Spending Clause. It is the clause that gives the federal government of the United States its power of taxation. Component parts of this clause are known as the… …   Wikipedia

  • Necessary and Proper Clause — United States of America This article is part of the series: United States Constitution Original text of the Constitution Preamble Articles of the Constitution I · …   Wikipedia

  • Necessary-and-proper clause — The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause [ Constitutional Clauses Their Nicknames. marian gould gallagher law library. 05 Oct 2004. 4 Dec 2006 .] ) is… …   Wikipedia

  • Dormant Commerce Clause — The Dormant Commerce Clause, also known as the Negative Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution. The Commerce Clause expressly… …   Wikipedia

  • Free Exercise Clause — United States of America This article is part of the series: United States Constitution Original text of the Constitution Preamble Articles of the Constitution I · …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”