The necessary and proper clause is one of the most abused provisions in the Constitution.
Establishing a national bank was not included in the delegated powers of the #Constitution. @mmaharrey10th pic.twitter.com/Grdmdt2tiH
— TenthAmendmentCenter (@TenthAmendment) August 14, 2020
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Alexander Hamilton used it to justify the charter of a national bank. But Thomas Jefferson had a pretty simple and compelling argument. The word “necessary” means what it says. I think Jefferson wins this argument.
For Further Reading
Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All
Necessary and Proper, Not Anything and Everything
A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
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