First-Ever Legal Treatise On the Constitution’s Amendment Process!
Independence Institute Senior Fellow Rob Natelson has written the first legal treatise covering constitutional amendment law. The work, published by Apis Books, focuses on the […]
necessary and proper clause
The Necessary and Proper Clause Grants Congress No Power
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 […]
The Constitution’s Grants To Persons and Entities Outside the U.S. Government
A little known aspect of our Constitution is that it delegates power, not just to the U.S. Government and to its units, but also to persons and entities outside the U.S. Government. In each case, the power to act is derived ultimately from the Constitution. Even when those persons or entities are states or officeholders […]
No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention
A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution and revere the Founders. Yet the spokesman trashed the Constitution’s framers for allegedly exceeding their authority and claimed they added a provision that largely rendered another […]