Last Best Hope of Earth

Tag: Necessary and Proper Clause

  • Constitution Sunday: “Publius,” The Federalist XLIV [James Madison] Part II

    New-York Packet

    January 25, 1788

    The Federalist XLIV [James Madison] Part II Article I, Section 8, Clause 18 of the Constitution has long sparked controversy, granting Congress the power to create necessary and proper laws to execute its other powers. James Madison, in the Federalist Papers, defended this provision against those who deemed it excessive. For Constitution supporters, the Clause was crucial to prevent Congress from becoming ineffective and unimportant compared to state legislatures. James Madison argued that the Clause was essential, otherwise, the Constitution would become meaningless.

    Everywhere in the city, which had become his home, there were reminders of the inspiration he had brought.

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  • Constitution Sunday: Answers to Mason’s “Objections”: “Marcus” [James Iredell] IV

    Answers to Mason’s “Objections”: “Marcus” [James Iredell] IV

    Norfolk and Portsmouth Journal (Virginia), March 12, 1788

    Following are excerpts from James Iredell’s responses to George Mason’s “Objections” to the Constitution:

    “VIIIth. Objection. ‘Under their own construction of the general clause at the end of the enumerated powers, the Congress may grant monopolies in trade and commerce, constitute new crimes, inflict unusual and severe punishments, and extend their power as far as they shall think proper (more…)