Healthcare in the Constitution

Article I, Section 8 of the United States Constitution begins, "The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States..." That small phrase "general welfare" is increasingly being used as a license to enact universal government-run healthcare. Because the provision of healthcare is ostensibly good for the general welfare, it falls under the authority of Congress to enact, at least according to those favoring it.

A closer look at the intentions of the founders shows that this is not the case at all. In a number of essays collectively known as "The Federalist" or "The Federalist Papers", Alexander Hamilton, James Madison, and John Jay explained their reasoning behind both the overall structure and purpose of the Constitution and numerous finer points within the document.

James Madison, commonly known as the Father of the Constitution, wrote on this exact topic of the general welfare in the Federalist No. 41, and he had no tolerance for those who would use the clause as authorization for greater government power. He wrote,

"But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expression be denied any signification whatsoever? For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars..."

"...But what would have been thought of that assembly, if, attaching themselves to these general expressions, and disregarding the specifications which ascertain and limit their import, they had exercised an unlimited power of providing for the common defense and general welfare?"

Madison's intent for the general welfare clause clearly did not exceed the powers already given to Congress by the remainder of Article 1, Section 8. The general welfare clause was merely a broad phrase describing shallowly the powers of Congress. Specific powers were detailed later; universal healthcare wasn't one of them.