What is the Butler decision?
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In 1936 the Court construed the Spending Power Clause as giving Congress broad power to spend for the general welfare (United States v. Butler 297 U.S. 1 56 S. Ct. 312 80 L. Ed. 477). According to the Butler decision under the Spending Power Clause Congress was not limited to spending money to carry out the direct grants of legislative power found elsewhere in the Constitution; rather it could tax and spend for what it determined to be the general welfare of the country. Because Congress has discretion to determine what is the general welfare no court since Butler has ever invalidated a federal spending program on the ground that the general welfare of the country was not being promoted.
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