Hamilton on “Necessary and Proper” and “Supremacy”

A couple of the commonly misunderstood parts of the Constitution are the Necessary and Proper clause, and the Supremacy clause. I thought I would publish what Alexander Hamilton wrote on the subjects from the Federalist #33. Remember that these papers where written during the debate over ratification, and widely circulated. They informed the ratifiers to the understanding of the document they where about to sign, and as such they are similar to writing in the borders of a written contract, they are legally relevant, and enforcable.

By way of a general explaination or summation of Hamiltons sentiments I offer this short summary. The Necessary and proper clause is simply declaring that the way the legislature would carry out their enumerated powers would be to pass laws that are incidental to their powers, and the Supremacy clause simply stated the obvious that in powers pursuant to the Constitution the laws of the union would be supreme.  In areas not pursuant to the Constitution however the laws of the states would still be supreme… DUHHH.

Without further hesitation, here is Hamiltons paper on the 2 clauses:

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New Hampshire kicking off 2012 pushback against TSA

CONCORD, N.H. (Jan. 2, 2012) – Many state legislatures will consider ways to rein in overreaching TSA searches during their 2012 legislative sessions, with New Hampshire leading the way in early January.

Rep. Andrew Manuse (R-Rockingham) says he expects a vote on an amended version of HB 628 during the first week of January. The bill would require state and local law enforcement officials to document complaints from citizens who feel TSA searches cross the line.

“HB 628 is a strong step in the right direction,” Manuse said. “The bill would require state and local law enforcement officers to take a report from a citizen who claims to have been abused by the TSA, and then will put that record in a designated public database so that such complaints can be tracked. The person making the complaint will have his or her identity protected. The bill will also allow citizens to videotape their encounters with the TSA and require police officers to take the citizens’ side against any TSA officer trying to stop them. It is my hope with this bill that by allowing citizens to shine a light on the problems we’ve been hearing about, such transparency will have the tendency to prevent wrongdoing.”

Last year, Manuse cosponsored the original bill, which would have made, “the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.” But the legislation stalled in committee. The New Hampshire lawmaker says he hopes citizen complaints will raise awareness of the problem and possibly generate support for stronger TSA legislation down the road.

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