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To: donmeaker
Necessary and Proper

No, but that does provide food for thought and discussion.

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The remaining words “foregoing Powers” refers to the legislative limitations.

6 posted on 10/23/2013 10:33:47 AM PDT by MosesKnows (Love many, trust few, and always paddle your own canoe.)
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To: MosesKnows

Example: Fed gov has no authority in Education.

Fed Gov set up schools for dependents of US military abroad. They were operated by Department of Defense.

When Department of Education started, they desperately wanted some schools to justify their work on elementary school curriculum. They took over The DoD schools.

Commerce clause permits Fed Gov to regulate trade between the states. At some point they decided that any item inside a state could suddenly become interstate trade by being handed to a person with interests in another state. They used N&P clause to take over commerce within states. Wickard v Filburn was a case that permitted regulation of agriculture commodities even if no handing of the commodity to another was involved. Sadly, Congress has not provided new law or amendment to correct that federal overreach.

EPA is another habitually overreaching agency. I could go on for days.


7 posted on 10/23/2013 10:43:42 AM PDT by donmeaker (The lessons of Weimar will soon be repeated.)
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