The necessary and proper clause is one of the most abused provisions in the Constitution.
Alexander Hamilton used it to justify the charter of a national bank. But Thomas Jefferson had a pretty simple and compelling argument. The word “necessary” means what it says. I think Jefferson wins this argument.
For Further Reading
Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All
Necessary and Proper, Not Anything and Everything
A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He is from the original home of the Principles of '98 - Kentucky and currently resides in northern Florida. See his blog archive here and his article archive here.He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty., and Constitution Owner's Manual. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE
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