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Show Notes
In this episode, Jason and Matt begin their discussion about Article I, Section 8 focusing on clause 1–one of THE most important clauses in the entire Constitution. It is also one of THE most abused! This clause deals with how Congress spends our hard-earned tax dollars and what is meant by “General Welfare”.
- U.S. Constitution, Article I, Section 8, Clause 4 – 7
[1]“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; but all Duties, Imposts and Excises shall be uniform throughout the United States;”
- Jason’s article “On General Welfare”
- Records of the Federal Convention (see vol 1, vol 2, vol 3).
- Proposal introduced in the Constitutional Convention for clause 8:
- “Those [Congressional] powers extend only to matters respecting the common interests of the union, and are [specifically] defined, so that the particular states retain their sovereignty in all other matters.” – Roger Sherman and Oliver Ellsworth (CT) in a letter to the Governor of Connecticut on Sep 26, 1787
- Definition of “Duty” from Webster’s 1828 Dictionary:
- “Tax, toll, impost, or customs; excise; any sum of money required by government to be paid on the importation, exportation, or consumption of goods. ”
- Taxes on things that are not personal property: stamps, parchment, etc
- Taxes on transactions
- “[The word ‘duties’] was meant to give the general government the power of laying stamp duties on paper, parchment, and vellum” – James Wilson to the PA State Convention
- Definition of “Impost” from Samuel Johnson’s Dictionary:
- “Any tax or tribute imposed by authority; particularly, a duty or tax laid by government on goods imported, and paid or secured by the importer at the time of importation. Imposts are also called customs.”
- “Mr. L. Martin asked what was meant by the Committee of detail (in the expression) “duties” and “imposts”. If the meaning were the same, the former was unnecessary; if different, the matter ought to be made clear. “ – James Madison in the Constitutional Convention.
- “duties are applicable to many objects to which the word imposts does not relate. The latter are appropriated to commerce; the former extend to a variety of objects, as stamp duties etc” – James Wilson in the Constitutional Convention
- Definition of “Excise” from Webster’s 1828 Dictionary
- “An inland duty or impost, laid on commodities consumed, or on the retail, which is the last state before consumption”
- “Pay Debts, Common Defence and General Welfare”
- “the said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare.” – Articles of Confederation, Article III
- “Mr. Sherman wished to amend Clause 1 with “…for the payment of said debts and for the defraying the expences that shall be incurred for the common defence and general welfare“. – James Madison in the Constitutional Convention