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...
James Madison and the Necessary and Proper Clause
“Necessary and proper” ranks among the most abused clauses in the Constitution. It has been dubbed the “elastic clause” because of the perception that it allows the scope of federal power to expand. The federal government began abusing this...