Under the Constitution, Regulating Marijuana is Mostly a State Concern
Congress may not constitutionally regulate or prohibit in-state growing, processing, or use of marijuana.
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What Does the Constitution Say About Federal Land Ownership?
The Constitution grants no authority to retain acreage for unenumerated purposes
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State Regulation and the Necessary and Proper Clause
The Necessary and Proper Clause in the Constitution is commonly used to justify unconstitutional federal authority, and William Baude at the University of Chicago Law School believes a stricter interpretation of the clause is in order – albeit the feds still get to decide the interpretation.
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The Original Meaning of the Necessary and Proper Clause
The Congress shall have Power … 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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Even John Marshall Rejected a Liberal Construction of the Constitution
In Government by Judiciary, Raoul Berger shows that even Chief Justice John Marshall never supported the liberal interpretation of the judiciary that those who believe in living constitutionalism attribute to him.
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Necessary and Proper, Not Anything and Everything
The necessary and proper clause does not add anything to the authority already delegated to Congress. It does not allow for the creation of new powers.
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The Necessary and Proper Clauses
Michael Ramsey makes important originalist observations on the origins of the Necessary and Proper clause, including contributions from James Wilson.
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Exposing the “Living Document” Lie
Despite all historical evidence to the contrary, it is often claimed that the Constitution is a “living document” that is easily malleable through semantics and modern desires for extended federal power.
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“Proper,” “Plenary,” and Preamble
Words have meaning for the Constitution, and the Necessary and Proper clause along with Plenary power and the Preamble have much to tell us – from the Founders
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Can Treaties Override the Constitution?
Under the Constitution as originally understood, the short answer is: “No, a treaty can’t override the Constitution. The treaty has the force only of a statute, not of a super-constitution.”
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Federal “Tort-Reform” Bill Unconstitutional
Title V of the Republican bill to “repeal and replace Obamacare” – with its tort-reform provisions contains some of the same constitutional problems that led 27 states to challenge Obamacare.
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Diagram of the Necessary and Proper Clause
This clause is not recursive. Only one level of implication from an explicit power is allowed.
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