Spending Power, United States v. Butler

[Emsworth]

Article I, Section 8, Clause 1 provides, "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States."

From a purely academic standpoint, I would hold that the Madisonian view of the general welfare clause is correct. The phrasing "common defence and general welfare" was copied directly from the Articles of Confederation. The meaning of the term, as used in the Articles, was clearly in accord with the Madisonian interpretation. Would anyone even pretend that the Articles granted Congress the authority to spend as it pleased for the "general welfare"?

Thus, if we adhere to Madison's position, it would follow that the AAA was unconstitutional, and that the conclusion reached by the Supreme Court was correct.

Of course, all of this is from a purely theoretical and academic point of view. Naturally, adopting Madison's interpretation would have catastrophic consequences.