U.S. Constitution · Article I, Section 8, Clause 1
Taxing and Spending Clause; General Welfare Clause; Uniformity Clause
Alerts when a new grade, SI Solution or Think Tank idea cites Art. I, § 8, cl. 1.
Also known as: Taxing and Spending Clause · General Welfare Clause · Uniformity Clause
This clause grants Congress the power to tax and spend for the common defense and general welfare, and requires that all duties, imposts, and excises be uniform across the United States.
Live in the VFA record
Cited in 40 SI Solutions, 346 grades and 4 Think Tank ideas this month.
905 public items cite this provision · 390 in October 2026 (last month: 10)
Citations per week, last 12 weeks
The text
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;
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
What it means
Original meaning
- “Money is, with propriety, considered as the vital principle of the body politic; as that which sustains its life and motion, and enables it to perform its most essential functions.” Alexander Hamilton, The Federalist No. 30 (1787-12-28)
- “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.” James Madison, The Federalist No. 41 (1788-01-19)
- “It will then be matter of opinion, what tends to the general welfare; and the Congress will be the only judges in the matter.” Brutus (attributed to Robert Yates), Brutus, No. 6 (1787-12-27)
- “The conclusion therefore is inevitable, that the respective state governments will not have the power to raise one shilling in any way, but by the permission of the Congress.” Brutus (attributed to Robert Yates), Brutus, No. 6 (1787-12-27)
- “The words "pursuant to the constitution" will be no restriction to the authority of congress; for the foregoing section gives them unlimited legislation; their unbounded power of taxation does alone include all others, as whoever has the purse strings will have full dominion.” Centinel (attributed to Samuel Bryan), Centinel, No. 5 (1787-12-04)
- “For all laws made, in pursuance of this constitution, are the supreme law of the land, and the judges in every state shall be bound thereby, any thing in the constitution or laws of the different states to the contrary notwithstanding.--By such a law, the government of a particular state might be overturned at one stroke, and thereby be deprived of every means of its support.” Brutus (attributed to Robert Yates), Brutus, No. 1 (1787-10-18)
How the Supreme Court has read it
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Hylton v. United States, 3 U.S. 171 (1796)
The Court upheld a federal tax on carriages as a duty or excise, not a direct tax, so it did not need to be apportioned among the states according to population.
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Downes v. Bidwell, 182 U.S. 244 (1901)
The Court held that Puerto Rico was not part of the 'United States' for purposes of the Uniformity Clause, so duties on goods from Puerto Rico were permissible; the majority disagreed on the rationale.
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Bailey v. Drexel Furniture Co., 259 U.S. 20 (1922)
The Court struck down the Child Labor Tax Law, holding that the 'tax' was a penalty designed to regulate matters reserved to the states, not a valid exercise of the taxing power.
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J. W. Hampton, Jr. & Co. v. United States, 276 U.S. 394 (1928)
The Court upheld Congress's delegation of authority to the President to adjust tariff rates, holding that Congress may delegate such authority if it lays down an 'intelligible principle' to guide the delegate.
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United States v. Butler, 297 U.S. 1 (1936)
The Court adopted the view that the spending power is not limited to Congress's other enumerated powers, but struck down the Agricultural Adjustment Act's processing taxes and payments as an invasion of agricultural regulation reserved to the states.
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Helvering v. Davis, 301 U.S. 619 (1937)
The Court upheld the old-age benefits provisions of the Social Security Act as a valid exercise of the power to spend for the general welfare.
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South Dakota v. Dole, 483 U.S. 203 (1987)
The Court upheld a federal law withholding a portion of highway funds from states with a drinking age below 21, setting out limits on conditional spending: general welfare, unambiguous conditions, relatedness, no independent bar, and no coercion.
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National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)
The Court held that the Affordable Care Act's individual mandate exceeded the commerce and necessary-and-proper powers but could be sustained as a tax, and that threatening states with loss of all existing Medicaid funds to compel the Medicaid expansion was unconstitutionally coercive.
Two schools of interpretation
Originalist / textualist reading
Originalists and textualists emphasize that the Constitution grants Congress a limited set of enumerated powers, and the taxing and spending clause is one of them. They read the 'general Welfare' phrase in light of the enumeration that follows. Following Madison's argument in The Federalist No. 41, they argue that the phrase is a qualification on the power to tax and spend, not an independent grant of authority. Thus, Congress may tax and spend only for purposes that are within the other enumerated powers, such as regulating commerce or providing for the common defense. They also stress the Uniformity Clause as a concrete limit: duties, imposts, and excises must be geographically uniform, preventing Congress from favoring or punishing particular states. Originalists would likely view the broad spending power recognized in cases like Helvering v. Davis as a departure from the original understanding, and they would insist that the power to tax is not a general police power to regulate any activity for the public good.
Living-constitutionalist reading
Living constitutionalists and pragmatists see the taxing and spending clause as a flexible grant of power that must adapt to the needs of a modern nation. They emphasize that the text gives Congress broad discretion to tax and spend for the 'general welfare,' and that the Supreme Court has consistently upheld expansive uses of this power, such as Social Security and Medicare. They argue that the founding-era debate, as reflected in Hamilton's Federalist No. 30, supports a broad reading that allows Congress to address national problems that the Founders could not have anticipated. They also note that the Court in United States v. Butler adopted the view that the spending power is not limited to the enumerated powers, and that later cases like South Dakota v. Dole have allowed Congress to use conditional spending to encourage states to adopt national policies. For them, the clause is a practical tool for Congress to promote the general welfare in a changing society, and the main limit is that spending must be for the general welfare, not for the benefit of a narrow group.
Open questions
The scope of the general welfare power remains unsettled in some respects. The Court has settled that Congress may spend for the general welfare even beyond its enumerated powers (United States v. Butler, Helvering v. Davis), but the precise limits of conditional spending under South Dakota v. Dole, especially the anti-coercion principle and the relatedness requirement, remain open. The major questions doctrine's application to the taxing power is also evolving, as seen in Learning Resources, Inc. v. Trump, where the Court held that the International Emergency Economic Powers Act does not authorize the President to impose tariffs, emphasizing that the Constitution vests the power to lay duties in Congress.
SI-generated explainer · passed automated checks (Constitution citation, every quotation verified word for word against its public-domain source, every case from a verified case record, independent SI critic) · not individually reviewed by a person · published 2026-10-15 · methodology · Report an error: hello@valuesforamerica.com
Cited in the VFA record
“Where this provision is cited”
SI Solutions (148)
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Federal-State Community College Partnership and Student Success Act
2026-10-18
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Arts Learning Opportunity and Accountability Act
2026-10-18
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Federal-State Community College Promise Partnership Act
2026-10-18
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Foster Youth Dental Stability and State Choice Act
2026-10-18
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Former Foster Youth Coverage Stability Proposal
2026-10-18
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Fair Start College Access and Campus Safety Act
2026-10-18
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Interstate Transit Fair Notice and Reporting Act
2026-10-18
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Corrected Ceremonial Proclamation for National Black History Month, 2026
2026-10-18
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Corrected Proclamation Honoring President George Washington's Birthday Within Article II Limits
2026-10-17
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Taxpayer Voice in Court With Judicial Control and Sunset
2026-10-17
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Port Clean Air Pilot and Federal Review Act
2026-10-17
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Limited Review and Open Model Support Act for Artificial Intelligence
2026-10-17
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Corrected Defense Industrial Base Waiver With Findings, Cap, and Sunset
2026-10-17
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Neutral Notice and Consent for Youth Counseling
2026-10-16
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SI Corrected Executive Form for Ending Emergency Duties Under Executive Order 14389
2026-10-16
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Secure EFIN Pilot With Due Process and Sunset
2026-10-16
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Temporary Emergency Student Grant Fund With Cap and Sunset
2026-10-16
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Limited Dual Language Pilot for High-Need Schools
2026-10-16
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Reaching English Learners Teacher Preparation Grants With Caps and Sunset
2026-10-16
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Fair Start College Access Act
2026-10-16
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Atkins Hearing Clarity and State Choice Act
2026-10-16
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Corrected Order for Defense Supply of Elemental Phosphorus and Farm Inputs Under Existing Law
2026-10-16
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Temporary Import Surcharge Authorization and Accountability Act
2026-10-16
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Cobalt Supply Chain Accountability and Sunset Act
2026-10-16
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Pension Withdrawal Liability Notice and Review Proposal
2026-10-15
Showing the 25 most recent. All 148: JSON.
grades (346)
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S. 5424: Community Health Worker Access Act
2026-10-17 · Grade B (Mostly sound)
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S. 5442: Cost Estimates Improvement Act
2026-10-17 · Grade A (Constitutional)
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S. 5046: A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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H.R. 9816: MOMMIES Act
2026-10-14 · Grade B (Mostly sound)
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H.R. 9736: Stop CHEATERS Act
2026-10-14 · Grade A (Constitutional)
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H.R. 9616: EMRTAI Authorization Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.R. 9394: Civil Preparedness for Agroterrorism Exercise Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 9310: Department of Homeland Security Appropriations Act, 2027
2026-10-14 · Grade C (Significant issues)
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H.R. 9203: Student Protection and University Accountability Act
2026-10-14 · Grade C (Significant issues)
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H.R. 9170: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade C (Significant issues)
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H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade B (Mostly sound)
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S. 4467: Ensuring Seniors’ Access to Quality Care Act
2026-10-14 · Grade A (Constitutional)
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S. 4394: Promoting Police Leadership Act
2026-10-14 · Grade A (Constitutional)
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H.R. 8107: Government Audit and Accountability of Federally Funded State-Administered Programs Act
2026-10-14 · Grade A (Constitutional)
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H.R. 7994: HERO Act
2026-10-14 · Grade C (Significant issues)
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H.R. 7972: Taxpayer Workforce Modernization Act
2026-10-14 · Grade B (Mostly sound)
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S. 4110: EMPOWER for Health Act
2026-10-14 · Grade A (Constitutional)
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S. 4097: State-Based Education Loan Awareness Act
2026-10-14 · Grade A (Constitutional)
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S. 3878: A bill to establish the Grand Village of the Natchez Indians and Jefferson College as affiliated areas of the National Park System, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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S. 5254: Civil Nuclear Export Act of 2026
2026-10-14 · Grade B (Mostly sound)
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S. 5236: Improving CARE for Youth Act
2026-10-14 · Grade B (Mostly sound)
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S. 5218: Colonel Gary LaGrange AgVets Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.R. 10038: FORK Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.R. 9978: Homeowners Premium Tax Reduction Act of 2026
2026-10-14 · Grade A (Constitutional)
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S. 5200: Spotted Lanternfly Research and Development Act
2026-10-14 · Grade A (Constitutional)
Showing the 25 most recent. All 346: JSON.
Think Tank ideas (4)
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Fair Start College Access Act: A VFA Proposal on Admissions Questions and Second Chances
2026-10-19
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Fair Audit Modernization and Taxpayer Hearing Protection Framework
2026-10-12
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Campus Pluralism and Equal Treatment Framework
2026-10-08
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National Health Research Translation and Coordination Framework
2026-10-08
roll-call votes (407)
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Senate roll call 252 (2026): On the Motion to Discharge on S.Res. 852
2026-09-29 · Motion to Discharge Rejected · official record
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House roll call 309 (2026): On Passage on H R 9576
2026-09-16 · Passed · official record
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House roll call 310 (2026): On Passage on H R 10326
2026-09-16 · Passed · official record
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House roll call 313 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9497
2026-09-16 · Passed · official record
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House roll call 301 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 2978
2026-09-15 · Passed · official record
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House roll call 303 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 4646
2026-09-15 · Passed · official record
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House roll call 304 (2026): On Motion to Suspend the Rules and Pass on H R 2140
2026-09-15 · Passed · official record
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House roll call 305 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9500
2026-09-15 · Passed · official record
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House roll call 297 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 3276
2026-09-14 · Passed · official record
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House roll call 295 (2026): On Passage on H R 4795
2026-09-03 · Passed · official record
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House roll call 284 (2026): On Motion to Suspend the Rules and Pass on S 307
2026-08-31 · Passed · official record
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House roll call 283 (2026): On Passage on H R 8884
2026-07-23 · Passed · official record
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House roll call 281 (2026): On Agreeing to the Resolution on H CON RES 113
2026-07-22 · Passed · official record
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House roll call 252 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 1118
2026-07-21 · Passed · official record
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House roll call 272 (2026): On Passage on H R 9770
2026-07-21 · Passed · official record
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House roll call 250 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 4541
2026-07-20 · Passed · official record
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House roll call 251 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 8823
2026-07-20 · Passed · official record
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Senate roll call 199 (2026): On the Motion to Proceed on S.J.Res. 198
2026-07-16 · Motion to Proceed Rejected · official record
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House roll call 248 (2026): On Motion to Suspend the Rules and Pass on H R 5362
2026-07-16 · Passed · official record
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House roll call 241 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 242 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 243 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 244 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 245 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 246 (2026): On Motion to Recommit on H R 8595
2026-07-15 · Failed · official record
Showing the 25 most recent. All 407: JSON.
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 8, Clause 1, https://www.valuesforamerica.com/constitution/article-1/section-8/clause-1
Data: this provision as JSON.