The Basis of the Spending Power

Abstract

This Article undertakes to demonstrate, however, that Congress\u27 power to spend does not derive from that so-called General Welfare Clause, but instead derives from two overlapping but independent provisions found elsewhere in the Constitution. First, spending for carrying into Execution any enumerated power is authorized by the familiar Necessary and Proper Clause.2 Second, Article IV gives Congress Power to dispose of ... Property belonging to the United States, one species of such property being money in the Treasury. This Property Clause is ample to authorize all federal spending, whether or not it is also authorized by the Necessary and Proper Clause

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