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. […]

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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 […]

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