Monk-eye has it backwards.
The basic point of
Chapter 4 of Keeping Faith with the Constitution, titled
“Promoting the General Welfare,” is that the U.S. Constitution supports a
broad and evolving role for government in addressing the needs of society—particularly in promoting economic and social well-being.
Key Themes:
- Two Dimensions of “General Welfare”:
- The duty of government to provide for the basic needs of its citizens.
- The scope of government authority to respond to national challenges.
- Historical Judicial Constraints:
- Until 1937, the Supreme Court often limited Congress’s power to regulate the economy, citing federalism and “freedom of contract.”
- This restricted both federal and state governments from enacting labor protections, wage laws, and economic reforms.
- The New Deal Shift:
- During the Great Depression, the Court initially struck down many New Deal programs.
- After Roosevelt’s controversial court-packing plan, the Court reversed course and began to uphold broader federal powers, enabling more robust economic regulation.
- Modern Implications:
- The chapter argues that the Constitution should be interpreted to support proactive government efforts to ensure economic fairness and opportunity.
- It promotes a vision of constitutional interpretation that adapts to changing societal needs while remaining faithful to core democratic values.