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8. The Preamble of the United States Constitution specifies "the general Welfare" merely as one of the listed goals to be served by the Federal government in the exercise of the limited powers delegated to it, as enumerated in the body of that instrument.
This mention of "the general Welfare" in the Preamble was intended, therefore, to serve in effect as a limit on the use of those delegated powers. The Preamble does not constitute a grant of any power whatever to the government. The only other mention of the words "general welfare" in the Constitution is in the Taxing Clause (Article I, Section 8) which authorizes Congress to collect taxes ". . . to pay the Debts and provide for the common Defense and general Welfare of the United States . . ."
Here, too, the words "general Welfare" were designed to serve as a limitation in effect--as a limit on the power granted under that clause. This excludes any power to tax and spend for all purposes which would not qualify as being for the "general Welfare of the United States" as a whole-- for instance, it is excluded if for the benefit merely of a locality or some Individuals in the United States.
The clause does not empower Congress to spend tax monies for any and every purpose it might select merely on the pretense, or even in the belief, that it is for the "general welfare." (Discussed also in Pars. 4 and 5 of Principle 11.) Congress possesses no "general legislative authority," as Hamilton stated in The Federalist number 83.
Hamilton's Opinion
9. All of those who framed and ratified the Constitution were in agreement on this point of the limited and limiting meaning of the words "general Welfare" in the Taxing Clause.
As Secretary of the Treasury, Hamilton contended for the first time in 1791 ("Opinion as to the Constitutionality of the Bank of the United States") in favor of a broader interpretation of this clause than he had formerly espoused and broader than that which Madison - with Hamilton's silent acquiescence--had presented in 1788 in The Federalist (especially number 41) as reflecting the controlling intent of the Framing Convention, which Madison and Jefferson consistently supported.
Hamilton did not claim, however, that this clause gives to the Federal government any power, through taxing-spending, so as in effect to control directly or indirectly anything or anybody, or any activities of the people or of the State governments.
Despite his assertion that this clause gives Congress a separate and substantive spending power, Hamilton cautioned expressly (Report on "Manufactures," 1791) that it only authorizes taxing and spending within the limits of what would serve the "general welfare" and does not imply a power to do whatever else should appear to Congress conducive to the "general welfare"--that it does "not carry a power to do any other thing not authorized in the Constitution, either expressly or by fair implication."
