Abstract

The Constitution of the United States is one of limited powers. The federal government has the authority to do only those things the Constitution says it can do. Over the centuries, the General Welfare Clause has been used as justification to expand federal power. However, if one were to apply utilitarian economic theory to the General Welfare Clause, one might reasonably conclude that the government only has the authority to pass legislation that benefits some supermajority of the population. In other words, all special interest legislation is unconstitutional, and therefore not valid law. This paper explores the issue of sanctions from the perspective of law and economics.

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