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 Original Meaning of “Necessary” in the 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...