Malcolm Rivera
The General Welfare Clause of the U.S. Constitution has been interpreted in different ways. The Supreme Court has ruled that while the due process clause of the 14th amendment ensures fair processes for welfare recipients, there is no underlying constitutional right to a minimum standard of living. In contrast, many state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, the New York State Constitution states that “the aid, care and support of the needy are public concerns and shall be provided by the state…in such manner and by such means” as the legislature shall determine. The General Welfare Clause has also been used as a source of authority for federal taxation and spending.
| Characteristics | Values |
|---|---|
| Number of references to "the General Welfare" in the US Constitution | 2 |
| Location of references in the US Constitution | Preamble and Taxing and Spending Clause |
| Potential link to constitutional equality | May give substantive meaning to the Bill of Rights |
| Supreme Court ruling on welfare recipients | No underlying constitutional right to a minimum standard of living |
| General Welfare Clause in the Argentine Constitution | Offers federal government authority for legislation affecting the provinces |
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What You'll Learn
- The General Welfare clause of the U.S. Constitution
- The Supreme Court's interpretation of the due process clause of the 14th amendment
- State constitutions and their positive rights to welfare, health, education and the right to work
- The role of Congress in welfare legislation
- Working hours and working conditions in state constitutions
The General Welfare clause of the U.S. Constitution
The General Welfare clause has been interpreted differently over time. In the past, it might have been linked to a more robust understanding of constitutional equality to give substantive meaning to the Bill of Rights. However, efforts to convince courts of alternate constitutional interpretations have generally failed. For example, the Supreme Court has ruled that while the due process clause of the 14th amendment ensures fair processes for welfare recipients, there is no underlying constitutional right to a minimum standard of living.
In contrast to the U.S. Constitution, the General Welfare clause of the Argentine Constitution has been interpreted as offering the federal government a general source of authority for legislation affecting the provinces. The Constitution of the Philippines contains five references to the general welfare, including the maintenance of peace and order, the protection of life, liberty, and property.
At the state level in the U.S., some state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, Article XVII of the New York State Constitution states that "the aid, care and support of the needy are public concerns and shall be provided by the state...in such manner and by such means" as the legislature shall determine.
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The Supreme Court's interpretation of the due process clause of the 14th amendment
The Supreme Court has ruled that while the due process clause of the 14th amendment ensures fair processes for welfare recipients, there is no underlying constitutional right to a minimum standard of living. This interpretation of the due process clause of the 14th amendment has been used by the Supreme Court to justify its rulings on a range of issues, including the right to education and the right to work.
The due process clause of the 14th amendment is often cited as a key protection for individuals, ensuring that they are treated fairly and justly by the government. However, the Supreme Court has interpreted this clause narrowly, finding that it does not guarantee a minimum standard of living or other social and economic rights.
In contrast, many state constitutions explicitly guarantee positive rights to welfare, health, education, and work. For example, Article XVII of the New York State Constitution states that "the aid, care and support of the needy are public concerns and shall be provided by the state". This provision demonstrates a clear commitment to ensuring that individuals have access to the resources they need to meet their basic needs.
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State constitutions and their positive rights to welfare, health, education and the right to work
The US Constitution contains two references to "the General Welfare", one in the Preamble and the other in the Taxing and Spending Clause. The General Welfare Clause has been interpreted differently by the Supreme Court of Argentina and the United States. The former recognises it as a general source of authority for legislation affecting the provinces, while the latter uses it only as a source of authority for federal taxation and spending.
The US Bill of Rights appears to contain only a long list of prohibitions on government, rather than explicit positive rights to things like education, a living wage, and a healthful environment. However, many state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, the New York State Constitution states that "the aid, care and support of the needy are public concerns and shall be provided by the state…in such manner and by such means" as the legislature shall determine. The Constitution of North Dakota provides a similarly specific right to education, stating that "the legislative assembly shall provide for a uniform system of free public schools throughout the state." Alaska's constitution, adopted in 1959, addresses the public health of state inhabitants, as does Hawaii's, which states that "the State shall provide for the protection and promotion of the public health." Many state constitutions also address the affirmative right to work and the right to organise as members of trade unions.
These positive rights provisions in state constitutions did not appear by accident or chance but were the result of the effort put forth by reformists, activists, advocates, and lawyers who sought to codify the government's affirmative duty to act in support of its citizens.
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The role of Congress in welfare legislation
The United States Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. The General Welfare Clause of the U.S. Constitution might be linked to a more robust understanding of constitutional equality to give substantive meaning to the Bill of Rights. The Supreme Court has ruled that while the due process clause of the 14th amendment ensures fair processes for welfare recipients, there is no underlying constitutional right to a minimum standard of living.
Many state constitutions, in contrast, articulate positive rights to welfare, health, education, and the right to work. For example, Article IV of the Constitution of Massachusetts provides authority for the state to make laws "as they shall judge to be for the good and welfare of this commonwealth". The actual phrase "general welfare" appears only in Article CXVI, which permits the imposition of capital punishment for "the purpose of protecting the general welfare of the citizens".
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Working hours and working conditions in state constitutions
The United States Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. While the Supreme Court has ruled that there is no underlying constitutional right to a minimum standard of living, many state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, article XVII of the New York State Constitution states that “the aid, care and support of the needy are public concerns and shall be provided by the state…in such manner and by such means” as the legislature shall determine.
State constitutions protect workers in two primary ways: through provisions that explicitly aim to regulate labour and employment, and broad guarantees of general rights that can be applied within the context of labour. Explicit state constitutional protections cover a wide range of issues, including the right to work, regulation of pay and hours, and the relationships between employees and employers. While some of these protections mirror the mandates of federal law, such as Florida’s minimum wage provision, others reject interpretations that are tied to the federal constitution. States are able to control minimum wage, hours, and the at-will employment relationship, among other things.
Several states mandate that employees receive at least one day off in each seven-day period. Under the FLSA, non-exempt employees must receive one-and-one-half times (1.5X) their “regular rate” of pay for all hours worked in excess of 40 hours per week. The "regular rate" may be higher than the standard hourly rate, as it may include other forms of compensation, such as non-discretionary bonuses. The Occupational Safety and Health Act (“OSHA”) requires employers to provide employees with a safe and healthy place of employment, which is free from recognised hazards.
In Massachusetts, the law requires that workers must be given a period of 24 consecutive hours off per week.
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Frequently asked questions
The US Constitution contains two references to "the General Welfare", one occurring in the Preamble and the other in the Taxing and Spending Clause. However, the Supreme Court has ruled that there is no underlying constitutional right to a minimum standard of living.
The General Welfare Clause is a source of authority for federal taxation and spending, not for general legislation.
Yes, the General Welfare Clause is relevant to welfare as it is a source of authority for federal taxation and spending, which includes welfare.
The due process clause of the 14th amendment ensures fair processes for welfare recipients.
Many state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, article XVII of the New York State Constitution states that “the aid, care and support of the needy are public concerns and shall be provided by the state…in such manner and by such means” as the legislature shall determine.
