promote the general welfare

[Laelth]

4. Not the best argument.

First off, the words “promote the general welfare” appear in the preamble. These words are not considered law. They’re not an enforceable provision of the Constitution, itself.

Second, this was a serious issue of contention among the founders. States have what we call “police powers.” They can LEGISLATE for the general welfare of their citizens. Can the Federal government do that? No, the founders declared. The federal government can not legislate (pass laws) for the general welfare of the American people. As a compromise, the founders agreed that the federal government may “promote” the general welfare, but it still may not LEGISLATE for the general welfare. It is upon this very ground that Trump is trying to get the SCOTUS to overturn the ACA. Trump says the ACA is an unconstitutional case of the federal government legislating for the general welfare, and that such laws are prohibited by the Constitution. Regrettably, Trump has a point.

The states are free to legislate for the general welfare all they want. Constitutionally, this is not a power that has been granted to the federal government.

-Laelth