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The Necessary and Proper Clause Grants Congress No Power

June 1, 2015 Rob Natelson 0

In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power.
The Necessary and Proper Clause is representative of one of four related kinds of provisions found in 18th […]

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Trying to Abolish the Convention’s One-State/One-Vote Rule Not Only Would Be Unconstitutional—It Wouldn’t Be Worth Trying

February 6, 2015 Rob Natelson 0

One of the far-fetched arguments used to persuade conservatives to oppose an amendments convention is that if 34 states apply, a left-wing Congress might try to dictate that commissioners (delegates) be allocated by population rather than by one state/one vote.
For reasons explained in earlier posts, such a move would be unconstitutional: A “convention for proposing […]

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Update on Article V and the Necessary and Proper Clause

January 16, 2015 Rob Natelson 0

Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power to use its convention call to regulate a Convention for Proposing Amendments.
This is a technical area and can be difficult to grasp (or explain, for that matter). You have to understand the nature of […]