Three Supreme Court Cases that Twisted the Commerce Clause
Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their meaning and reach has not. Over the years, the SCOTUS has used the clause to vastly expand...
New evidence on the meaning of the Necessary and Proper Clause
The Constitution’s Necessary and Proper Clause (Article I, Section 8, Clause 18) provides: 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...
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 language of the Constitution. Unfortunately, most constitutional writers regularly overlook those...