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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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
By: Bob Fiedler or at Categorical Podcast The U.S. Constitution is a truly unique instrument — not least for its place as a written, and therefore limited grant of authority to ...
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Three Supreme Court Cases that Twisted the Commerce Clause
By: Funky Euphemism Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their ...
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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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