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In this episode, Jason discusses one of the most abused clauses in the U.S. Constitution: the Necessary & Proper clause. This clause ensures that Congress has the latitude to pass laws that support the limited authorities granted in the Constitution, but does not expand their authority in any way.
- U.S. Constitution, Article I, Section 8, Clause 18
“[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 Constitution in the Government of the United States, or in any Department or Officer thereof.”
- Jason’s article “On General Welfare”
- Records of the Federal Convention (see vol 1, vol 2, vol 3).
- Federalist 33 by Alexander Hamilton
- “[The N&P clause] conducts us to this palpable truth, that a power to lay and collect taxes must be a power to pass all laws necessary and proper for the execution of that power; and what does [the N&P clause] do more than declare the same truth, to wit, that the national legislature, to whom the power of laying and collecting taxes had been previously given, might, in the execution of that power, pass all laws necessary and proper to carry it into effect?“