General Discussion
In reply to the discussion: We have a "right" to own guns, but not a right to health care, food, shelter, clothing, employment [View all]SunSeeker
(58,366 posts)But since you seem particularly interested in how I interpret it, I suppose "promote the general welfare" would be anything that promotes the happiness of the American people.
That does seem in keeping with Supreme Court precedent, such as it is.
In United States v. Butler, 56 S. Ct. 312, 297 U.S. 1, 80 L. Ed. 477 (1936), the U.S. Supreme Court established that determination of the general welfare would be left to the discretion of Congress. In its opinion, the Court warned that to challenge a federal expense on the ground that it did not promote the general welfare would "naturally require a showing that by no reasonable possibility can the challenged legislation fall within the wide range of discretion permitted to the Congress." The Court then obliquely confided,"[H]ow great is the extent of that range
we need hardly remark." In South Dakota v. Dole, 483 U.S. 203, 107 S. Ct. 2793, 97 L. Ed. 2d 171 (1987), the Court questioned "whether 'general welfare' is a judicially enforceable restriction at all."
Congress appropriates money for a seemingly endless number of national interests, ranging from federal courts, policing, imprisonment, and national security to social programs, environmental protection, and education. No federal court has struck down a spending program on the ground that it failed to promote the general welfare. However, federal spending programs have been struck down on other constitutional grounds.