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Incidental Powers in the Constitution

Incidental Powers in the Constitution

by Rob Natelson | Jul 13, 2025 | Constitution, Necessary and Proper Clause

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

Understand the Real Meaning of the Necessary and Proper Clause

by Michael Boldin | May 19, 2024 | Constitution, 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

Edmund Randolph vs the National Bank

by Mike Maharrey | May 2, 2024 | Edmund Randolph, History, Necessary and Proper Clause

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

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...
Understanding the Constitution: The 14th Amendment Part II

Understanding the Constitution: The 14th Amendment Part II

by Rob Natelson | Dec 8, 2021 | 14th Amendment, Constitution

Last month’s installment covered the first three parts of Section 1 of the 14th Amendment—the Citizenship Clause, Privileges or Immunities Clause, and Due Process Clause. This installment addresses the remainder of Section 1 as well as Sections 2 through 5....
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