In the language of our forefathers, prior to our Revolutionary war, the term was “weal” in common use.  It derived from the Middle English term common welthe  which was used to connote the welfare of the public.  These were before the days of Marx’s socialism, and the “nanny state”. The term meant the wellbeing of the economy of the society as a whole. The root “weal” survives intact in the word Commonweal. It is resurrected here today to measure the wellbeing of the citizenry as a whole, and to distinguish this concept from the notion of a welfare state or a socialism. By the time of our Constitution the popular terminology  for the concept was” general Welfare” found at article I Sec 8.

The Constitution tells us the business of Congress, or its power to spend money is limited to the  general Welfare.   These are words of empowerment, or granting of power.  They are also words of limitation, for exercise of power  beyond this definition, are hence illegal.

From this we understand Congressional spending, not in pursuit of the general Welfare, or general weal  is beyond the constitutional grant of power. It is illegal spending. Our suspicions are confirmed by the United States Supreme Court in U.S. v  Butler,   297 U.U. 1, (1936) , a taxation and appropriation case. In the first reason for its decision, the Court stated:

            “power of taxation exists to support the government, not to appropriate money from one group to benefit another”.

                                               
The Nature of Legislation

            Surprisingly, since the beginning of time, there have been only four types of laws passed by legislative bodies.
           
            Laws of Prohibition
            Laws of Regulation
            Laws of Taking
            Laws of Privilege

Laws of Prohibition  are  laws that prohibit certain acts or actions, like murder. They are universally applied to all members of society, and applied in uniform ways. Generally, these laws are well known to all members of society. Procedures of enforcement and sanctions for violation are quite uniform.

Laws of Regulation are laws which regulate behavior, which is to say they hold it within certain defined and measurable parameters.  Automotive speed laws are perhaps a most common example. Again they are quite universally applied to all members of a society and are uniform as to procedure of enforcement, and measure of sanction. They are quite well known to all, and may even be taught as social values.
           
Laws of Taking, include taxation, tariffs, condemnation, military drafts, and the like. Again well known to all, and meant to be universally applied, and enforced.
             
Laws of Grant of Privilege include legislated subsidies and tax cuts or tax breaks. They are not universally applied to members of society. Procedures vary. They are quite secretive as to creation, existence, and extent of benefit.  They are not widely published, clouded by obscure and arcane language of black art and practice, and constantly in a state of flux. They can have immense pecuniary benefit to the few grantees.
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The proper business of Congress is limited to laws of prohibition, regulation, and taking, and spending in the “general Welfare”. There is no authority for Congress to grant laws of privilege. Yet most of the legislative verbiage passed through Congress is precisely that. Laws granting privileges: subsidies and tax cuts. This is  the stock and trade of modern politics. One might ask, how have legislatures  come to have powers to pass such laws ? Where  in our Constitution is found the authority for such class of law ?

n conclusion the power to grant privileges are not the powers granted  Congress by the Constitution.  And the power of Congress to grant laws of privilege tax cuts and subsidies are not in the general weal.  The creation of a special class, by granting privileges never is.  What then is the general weal ?