Necessary and Proper Clause

Necessary is Supposed to Mean Necessary

by Michael Boldin | Oct 26, 2022 | Constitution, Necessary and Proper Clause

When the Constitution was ratified, the word necessary meant, well, necessary. But in the dystopian “future” we live under today, words don’t mean what they actually mean. They always mean something else – whatever supporters of the monster state can use to...

Necessary Does not Mean Useful or Convenient

by TJ Martinell | Sep 21, 2022 | Constitution, Necessary and Proper Clause

One of the most famous and important Supreme Court opinions is from the 1819 McCulloch v. Maryland case. It set the stage for massive expansion of federal power by incorrectly defining the Constitutional meaning of the word “necessary.” In its majority opinion, SCOTUS...

The Original Meaning of “Necessary” in the Necessary and Proper Clause

by TJ Martinell | May 19, 2022 | Necessary and Proper Clause

One of the most significant (and often abused) clauses in the U.S. Constitution is the “Necessary and Proper” Clause. The clause states: “The Congress shall have Power… To make all Laws which shall be necessary and proper for carrying into Execution the...

Does Biden’s OSHA vaccination mandate exceed federal authority?

by Rob Natelson | Dec 3, 2021 | Commerce Clause, Constitution, Court Cases, Current Events, Necessary and Proper Clause

On November 12, a federal appeals court suspended the Occupational Safety and Health Administration (OSHA) order fining businesses with 100 or more employees for each employee unvaccinated against COVID-19. This is one of three vaccination mandates issued by the...

Why most federal land holdings are unconstitutional and why you should care

by Rob Natelson | Sep 15, 2021 | Constitution, Enclave Clause, Necessary and Proper Clause, Property Clause

This summer has been quite a wildfire season in the western United States. Uncontrollable fires are becoming increasingly common in the West, but many people in other parts of the country do not understand why. This ignorance makes citizens prey to propaganda about...

Alexander Hamilton’s “Implied Powers” Wrecked the Constitution

by Mike Maharrey | Jun 14, 2021 | Alexander Hamilton, Constitution, Founding Principles, Necessary and Proper Clause

During the ratification debates, supporters of the Constitution insisted that the new general government would only exercise the powers explicitly enumerated in the document. But less than three years after ratification, Alexander Hamilton did a complete 180, suddenly...

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