The Constitution (including its Treaty Clause) was designed to accomplish--as to limiting the powers of the Federal government--what is contemplated with regard to all governments created by the people as their instruments: primarily to make and keep secure their God-given, unalienable rights (and the supporting rights, notably the right to property) according to the Declaration of Independence. It is a violation of this fundamental law of the people for the Federal government to deprive the people of their property by taxation in order to donate to foreign governments, or peoples, the funds thus obtained, or things purchased with these funds--whether or not sanctioned ostensibly by a treaty; that is, except to the extent that this is authorized by the words "common Defence" in the Constitution's Taxing Clause: "provide for the common Defence and general Welfare of the United States." This means that any donation abroad of funds or things, military or any other kind, by the Federal government--in order to be authorized by the Constitution--must contribute substantially and directly to the "common Defence... of the United States," meaning the national defense: the actual, military, physical defense of the American homeland. Under the Constitution as amended, Congress and the President completely lack any power to act the benevolent role abroad with the American people's property--money or any other type. This is true as to all so-called "foreign aid"--whether military, economic or financial--however accomplished: by gift, or loan, or by any other device or method, and whether done openly, or by subterfuge. Individuals may, of course, give such aid out of their own property (money) as they please.
The words "general Welfare" in the Taxing Clause refer expressly to the welfare of the people "of the United States." This excludes the people of any foreign country. The fact that this provision does not give Congress a general legislative power, to provide even for the American people's general welfare in any way Congress sees fit, has been established earlier, citing as one reference The Federalist number 83 by Hamilton. The further fact that this clause grants no power, or authority, to Congress to provide for the welfare of the people of any foreign country--a self-evident truth: that is, one too obvious to need any supporting evidence--was discussed by Madison in the debates in the House of Representatives on January 10, 1794, concerning a proposal to grant funds for the relief of a group of citizens of France--refugees from the French possession, San Domingo--then being given asylum in Baltimore, Maryland, where they had recently arrived and were already being given relief locally. According to the report in a Philadelphia newspaper, Dunlap & Claypoole's American Daily Advertiser of January 14, 1794 (reporting the debate of January 10th), Madison expressed sympathy for the refugees and stated his hope that some way could be devised for their relief other than a grant of financial aid by Congress because, he stated, this would be beyond the authority of Congress under the Constitution. The newspaper's summary of his remarks is, in part:
