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The Original Meaning of “Necessary” in the Necessary and Proper Clause

By: TJ Martinell One of the most significant (and often abused) clauses in the U.S. Constitution is the “Necessary and Proper” Clause. The clause states: “The Congress shall have Power… To ...

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James Madison and the Necessary and Proper Clause

By: Mike Maharrey “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 ...

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Does Biden’s OSHA vaccination mandate exceed federal authority?

On November 12, a federal appeals court suspended the Occupational Safety and Health Administration (OSHA) order fining businesses with 100 or more employees for each employee unvaccinated against COVID-19. This is one ...

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Constitutional Sleight of Hand: The Evolution of Implied Powers

The U.S. Constitution is a truly unique instrument — not least for its place as a written, and therefore limited grant of authority to the government. This is in stark ...

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Alexander Hamilton’s “Implied Powers” Wrecked the Constitution

By: Mike Maharrey During the ratification debates, supporters of the Constitution insisted that the new general government would only exercise the powers explicitly enumerated in the document. But less than three years ...

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Necessary and Proper: Not Anything and Everything

By: Michael Boldin The “Necessary and Proper” clause of the Constitution is one of the most widely misunderstood – and abused in the document. Most modern federal regulations today are ...

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