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
Latest posts by Mike Maharrey (see all)
- New Mexico House Passes Bill to Legalize Marijuana Despite Federal Prohibition - March 1, 2021
- Montana House Passes Bill that Sets Foundation to End Federal Gun Control Enforcement - March 1, 2021
- Maryland Senate Committee Passes Bill to Limit State Participation in Federal Police Militarization Programs - March 1, 2021