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Sep 2018
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cleveland ohio
#41
Nothing happened in 1992 that did not happen in 1791. The Twenty Seventh Amendment was proposed on June of 1789 and ratified in 1992.
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The Necessary and Proper Clause, also known as the elastic clause,[1] is a clause in Article I, Section 8 of the United States Constitution that is as follows:

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.​
 
Jun 2012
41,958
15,168
Barsoom
#42
Nothing happened in 1992 that did not happen in 1791. The Twenty Seventh Amendment was proposed on June of 1789 and ratified in 1992.
 
Sep 2018
6,621
1,090
cleveland ohio
#43
The Enumerated powers (also called Expressed powers, Explicit powers or Delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them.[1] The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.[2][

The Enumerated powers (also called Expressed powers, Explicit powers or Delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States Constitution. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them.[1] The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.[2][

Enumerated powers (United States) - Wikipedia
The clause has been paired with the Commerce Clause to provide the constitutional basis for a wide variety of federal laws. For instance, various reforms involved in the New Deal were found to be necessary and proper enactments of the objective of regulating interstate commerce.[10]

Indeed, the influence of the Necessary and Proper Clause and its broader interpretation under McCulloch v. Maryland (1819) in American jurisprudence can be seen in cases generally thought to simply involve the Commerce Clause.

In Wickard v. Filburn (1942), the Supreme Court upheld a federal statute making it a crime for a farmer to produce more wheat than was allowed under price controls and production controls, even if the excess production was for the farmer's own personal consumption. The Necessary and Proper Clause was used to justify the regulation of production and consumption.[11]

Also, in addition to this combination of clauses being used to uphold federal laws affecting economic activity, they also were used to justify federal criminal laws.[12] For example, Congress in the Federal Kidnapping Act (1932) made it a federal crime to transport a kidnapped person across state lines, because the transportation would be an act of interstate activity over which the Congress has power. It has also provided justification for a wide range of criminal laws relating to interference with the federal government's rightful operation, including federal laws against assaulting or murdering federal employees.[citation needed]

In National Federation of Independent Business v. Sebelius (2012), the Supreme Court ruled that the individual mandate of the Patient Protection and Affordable Care Act cannot be upheld under the Necessary and Proper Clause. Chief Justice John Roberts wrote in his ruling that the mandate cannot "be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms. Each of this Court's prior cases upholding laws under that Clause involved exercises of authority derivative of, and in service to, a granted power. [...] The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise be outside of it. Even if the individual mandate is "necessary" to the Affordable Care Act's other reforms, such an expansion of federal power is not a "proper" means for making those reforms effective."[13]

According to its proponents, this ruling in NFIB v. Sebelius returns the Necessary and Proper clause to its original interpretation outlined by John Marshall in McCulloch v. Maryland. According to David Kopel, the clause "simply restates the background principle that Congress can exercise powers which are merely 'incidental' to Congress's enumerated powers."[14]
 
Jun 2012
41,958
15,168
Barsoom
#45
James Wilson wrote the necessary and proper clause. Not only was it not elastic, it was limited to carrying out the limited and enumerated powers according to Wilson.
 
Jun 2012
41,958
15,168
Barsoom
#46
If you want to use a Supreme Court case, you will need to defend the constitutional basis of the case.
 
Jun 2012
41,958
15,168
Barsoom
#47
The commerce clause is limited to interstate commerce, not intrastate commerce. The clause is limited to the making the flow of goods between the states flow uninterrupted.
 
Sep 2018
6,621
1,090
cleveland ohio
#48
James Wilson wrote the necessary and proper clause. Not only was it not elastic, it was limited to carrying out the limited and enumerated powers according to Wilson.
the meaning of the Constitution is what the Supreme Court says it is
 
Jun 2012
41,958
15,168
Barsoom
#50
The commerce clause is limited to interstate commerce, not intrastate commerce. The clause is limited to the making the flow of goods between the states flow uninterrupted.

If anyone can produce and iota of historical evidence to the contrary, that would be great.
 

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