The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

I've addressed the issue of this clause with a number of Liberals, and even Conservatives who argue that the Public Option and such are bad but not unconstitutional.

People always argue that we don't know what the founders were thinking, and this is simply a lie, told by people, both Democrat and Republican who wish to pass unconstitutional laws and taxes. The founders wrote in great detail what they meant, the information is readily available.

James Madison laid out what he saw as constitutional limits on federal power in Federalist Paper Number 45 where he explained, "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

James Madison also said, On February 2nd 1791, to the House of Representatives "No argument could be drawn from the terms "common defence, and general welfare." The power as to these general purposes, was limited to acts laying taxes for them; and the general purposes themselves were limited and explained by the particular enumeration subjoined. To understand these terms in any sense, that would justify the power in question, would give to Congress an unlimited power; would render nugatory the enumeration of particular powers; would supercede all the powers reserved to the state governments. These terms are copied from the articles of confederation; had it ever been pretended, that they were to be understood otherwise than as here explained?"

Again James Madison addressed this misinterpretation, in a letter to James Robertson, “With respect to the two words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators."

Yet again, James Madison addresses this misinterpretation by saying, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.”

Thomas Jefferson addressed this misinterpretation, in a letter to Albert Gallatin on June 16th 1817 said "You will have learned that an act for internal improvement, after passing both Houses, was negatived by the President. The act was founded, avowedly, on the principle that the phrase in the constitution which authorizes Congress "to lay taxes, to pay the debts and provide for the general welfare," was an extension of the powers specifically enumerated to whatever would promote the general welfare; and this, you know, was the federal doctrine. Whereas, our tenet ever was, and, indeed, it is almost the only landmark which now divides the federalists from the republicans, that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated; and that, as it was never meant they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. I think the passage and rejection of this bill a fortunate incident."

So, indeed there are a host of proofs, that this unlimited definition of "General Welfare" is a misinterpretation, and The United States Federal Government does not have powers not enumerated in the Constitution. No Court, no Congress, no President may change these facts. But if they usurp powers not granted to them by the Constitution, then it is the duty of the People to replace them with those who will excercise restraint by their own will.