NationStates Jolt Archive


The "Necessary and Proper" Clause....

Super-power
23-04-2005, 14:44
This is a clause in the Constitution that allows Congress to create laws to carry out its delegated powers in a manner which is "Necessary and Proper." Is it just me, or have people seem to have forgotten about its existance?

Seeing how the Federal government is ridiculously large right now, maybe it should be changed to the "Absolutely necessary with no other alternamtive" clause? Heh, taking strict constructionism to the extreme, I am. :p
Jeruselem
23-04-2005, 14:55
I thought the current (US) doctrine was about "Unnecessary and improper" government.
Suklaa
23-04-2005, 15:44
I thought the current (US) doctrine was about "Unnecessary and improper" government.
Hm. Sarcasm. How refreshing.
Robbopolis
23-04-2005, 17:18
This is a clause in the Constitution that allows Congress to create laws to carry out its delegated powers in a manner which is "Necessary and Proper." Is it just me, or have people seem to have forgotten about its existance?

Seeing how the Federal government is ridiculously large right now, maybe it should be changed to the "Absolutely necessary with no other alternamtive" clause? Heh, taking strict constructionism to the extreme, I am. :p

The while question is who gets to define what "necessary and proper" means. Does it mean funding for national defense? Definately. How about the FDA? Probably, even though that's not in the Constitution. Medicare and such? Probably not, but very few people ever object, so it stays there.
CSW
23-04-2005, 17:19
The while question is who gets to define what "necessary and proper" means. Does it mean funding for national defense? Definately. How about the FDA? Probably, even though that's not in the Constitution. Medicare and such? Probably not, but very few people ever object, so it stays there.
That's more interstate commerce then that clause...