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Congress has the power to "pay the depts and provide for the common defense and general welfare of the United States." Article I, Section 8
Congress cannot use the spending power for regulation (rather than taxing and spending) (Butler). If it wants to regulate it must find a specific grant of power (such as the Commerce Clause). No statute is valid soley because Congres is trying to bring about the "general welfare." In other words, Congress' power to tax and spend must be exercised for the "general welfare" of the United States. |