“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
It’s often pretty easy to know whether or not a federal action is constitutional. In his Report of 1800, James Madison gave us a simple 2-step process to determine constitutionality. First: “Whenever, therefore a question arises concerning the constitutionality of a...
Supporters of the monster state treat the necessary and proper clause like it’s the “do whatever we want” clause. This was not the intent and it makes no sense in a constitutional context. View this post on Instagram A post shared by Tenth Amendment...
Necessary and Proper is one of the most misused and abused clauses in the Constitution. And much of the growth of government power is based on defining the word “necessary” as “convenient” rather than – well – necessary. Path to Liberty, Fast Friday...
A totally failed USPS banking pilot program is a great opportunity to discuss the necessary and proper clause of the Constitution. Is “banking” a delegated power? And if not, is it both “necessary” and “proper” for the power to “establish post offices?” Insight from...
Is Court Packing Constitutional? Based on how they want to use it – no, and it’s not even close. Expanding the size of the court for logistical reasons is authorized by the Constitution and has been done in the past, but doing so in order to drive political...