Seven Wishes wrote:"A good one".
You neo-cons always omit the last sentence from the commerce clause.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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But neither should you assign a meaning to the necessary and proper clause which isn’t there. The original intent of necessary and proper is made pretty clear by Madison in Federalist 41, (and in fact scattered throughout Federalist 39-46. As Madison explains, N & P is simply enabaler to those powers specifically enumerated in the constitution- eg stating that the congress had the powers to do the things which which are practically necessary to exercise those specifically enumerated powers. (
and only those -not just anything it decides is a good idea) For example, if congress wants to build a navy , they can buy ships and cannon balls (as long as buying ships and cannonballs doesn’t violate the constitution)
As a matter of fact Madison saw N &P as a further restriction of government power – Madison in fact argued against the creation of the First bank of the US saying that the necessary and proper clause could not be used as an excuse for any extension of power . ( he also argued the alien and sedition acts could not be justified by N &P clause)
N&P is also restricted by two other things – firstly in legal terms by the 10th amendment which restricts powers strictly to those areas enumerated and secondly in philosophical terms by the preamble which states the power of govt is to secure the blessings of liberty – which in the Lockean political philosophy adhered to by the founders means rights of property already naturally existent in individuals – an hence inviolable by the acts of an over reaching govt.