necessary and proper clause

The Impending Convention for Proposing Amendments — Part IV 0
- December 31, 2015
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I, II, and III appear below this post, and Parts V and VI will be posted in the near future. How the judiciary’s decisions shed light on the federal amendments convention Although there has not
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The Necessary and Proper Clause Grants Congress No Power 0
- June 1, 2015
In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power. The Necessary and Proper Clause is representative of one of four related kinds of provisions found in
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Evidence on the Powers the Constitution Leaves Exclusively to the States 0
- May 18, 2015
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few
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Chief Justice John Marshall: Not the Big Government Guy You Might Think 0
- February 22, 2015
Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of
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Trying to Abolish the Convention’s One-State/One-Vote Rule Not Only Would Be Unconstitutional—It Wouldn’t Be Worth Trying 0
- February 6, 2015
One of the far-fetched arguments used to persuade conservatives to oppose an amendments convention is that if 34 states apply, a left-wing Congress might try to dictate that commissioners (delegates) be allocated by population rather than by one state/one vote. For reasons explained in earlier posts, such a move would be unconstitutional: A “convention for
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Update on Article V and the Necessary and Proper Clause 0
- January 16, 2015
Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power to use its convention call to regulate a Convention for Proposing Amendments. This is a technical area and can be difficult to grasp (or explain, for that matter). You have to understand the nature of
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