“General welfare” does not mean “anything they want.”
People point to the general welfare clause in
Article 1 Sec. 8 of the constitution to
support the idea that the federal government can
do just about anything.
In fact, proponents of a national bank in 1791
used this clause as one of their constitutional justifications.
But Thomas Jefferson vigorously opposed this
expansive reading of the clause during the bank debate.
He said this anything and everything approach to
promoting the general welfare would drastically
expand the scope and power of the federal government.
On top of that, he warned that establishing a
national bank on this basis would enable Congress
to "take possession of a boundless field of power”
which would give it the means “to do whatever evil
they please."
Jefferson didn't base this argument on mere
hyperbolic assertions.
He offered a detailed breakdown of the clause
showing it is not a broad grant of authority.
Jefferson first noted that the general welfare
clause authorizes Congress to tax only for the general welfare
not for the benefit of specific regions, specific
interests, or specific people.
It is actually a limitation on the taxing power.
Of course, this leaves a lot of wiggle-room
for dishonest politicians.
They can come up with all kinds of things that
might promote the "general welfare," including
a national bank.
But Jefferson slammed the door on that idea too,
pointing out that if the clause delegated “a
distinct and independent power to do any act
they please, which might be for the good of the
Union,” it would “render all the preceding and
subsequent enumerations of power completely useless."
Simply put, the general welfare clause is limited
by the enumerated powers that follow.
The feds can only do the things on that short
list to promote the general welfare.
