Necessary and Proper Clause

“Necessary and Proper” = “Necessaria et Opportuna”

by Rob Natelson | Nov 19, 2012 | Constitution, Founding Principles, Necessary and Proper Clause

To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s Necessary and Proper Clause (I-8-18). But is that provision really broad enough to authorize what they claim it authorizes? This little...

The Necessary and Proper Clause Granted No Power

by Rob Natelson | Jul 13, 2012 | Constitution, Founding Principles, Necessary and Proper Clause

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power As I have noted before (for example, here and here) pamphlets written in support of the colonial cause during the years 1763-1774 help us greatly in understanding the...

Time for Another Smackdown: Necessary and Proper Edition

by Thomas Woods | Sep 1, 2011 | Constitution, Necessary and Proper Clause

Here’s what a teacher from Iowa writes in the Daily Iowan today (in italics), followed by my comment: “Claiming that the Constitution does not authorize Congress to create a Department of Education (it does), Ron Paul displays a startling lack of...

Correcting the Record on Necessary and Proper

by Rob Natelson | May 23, 2011 | Constitution, Founding Principles, Necessary and Proper Clause

Probably no part of the Constitution has been so misunderstood as the Necessary and Proper Clause, which is located at Article I, Section 8, Clause 18. The Necessary and Proper Clause has been called both an “elastic clause” and a “sweeping...

Is it Really “Necessary and Proper?”

by Tenth Amendment | May 29, 2009 | Constitution, Founding Principles, Necessary and Proper Clause

In the following audio, Dave Kopel of the Independence Institute interviews University of Montana law professor Rob Natelson about the proper interpretation of the Necessary and Proper clause of the U.S. Constitution. Click the play button below to load the audio...

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“Necessary and Proper” = “Necessaria et Opportuna”

The Necessary and Proper Clause Granted No Power

Time for Another Smackdown: Necessary and Proper Edition

Correcting the Record on Necessary and Proper

Is it Really “Necessary and Proper?”

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