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  • “Necessary and Proper” = “Necessaria et Opportuna”0

    • November 17, 2012

    To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s Necessary and Proper Clause (I-8-18). But is that provision really broad enough to authorize what they claim it authorizes? This little essay focuses on the meaning of the word “necessary.” Early legal documents—used by English

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  • Obama’s Libyan Operations are Unconstitutional0

    • March 24, 2011

    You can sympathize with the humanitarian motives of our Libyan intervention while still doubting its constitutionality. The Constitution prescribes the rules about how the United States is to enter a war, and the Obama administration has violated those rules. The administration argues that the hostilities, because limited, do not rise to the level of “war,”

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