Necessary and Proper Clause
Incidental Powers in the Constitution
The Constitution is many things, but at its most basic level it is a document conveying enumerated powers from a principal (“We the People”) to identified agents. Like most other Founding-era enumerated power documents, the Constitution’s expressly-listed powers...
Understand the Real Meaning of the Necessary and Proper Clause
The Necessary and Proper Clause is arguably the most misunderstood and abused clause in the Constitution. During the ratification debates, Anti-Federalists, and even one of the primary drafters of the clause, warned that the wording was ambiguous and it would be...
Edmund Randolph vs the National Bank
After Congress passed a bill to establish the first national bank in early 1791, President George Washington asked Attorney General Edmund Randolph to prepare an opinion on the bill’s constitutionality. Randolph came down firmly against the measure, arguing that the...
The “Nondelegation” Doctrine and the Necessary and Proper Clause
Explanatory Note from Rob Natelson: In early 2020, I published what might be one of those “breakthrough” insights. It pertains to how much authority Congress may delegate to executive branch agencies—a very hot topic right now. Critics of delegation point out that...