[Ray76]

Your “concurrence by a majority of the States” is served by the Senate.

[rollo tomasi]

The Senate was broken before the 17th. Looking directly at the times before the 17th meant open seats and deadlocked State Legislatures still arguing who to appoint. A fractured Senate concerning legislation which grew the influence of the Fed. government was not out of the norm. Look at Reconstruction and the spoils that went to the victors after the Civil War.

Necessary and Proper clause (And bastardizing the context) instigated all of this. By putting specific policies into the control of the State Legislatures/Governors themselves they could avoid all the gridlock/corruption/rise of two dominant political parties that mired the appointment of Senators at that time.

Anti-federalists were correct in their assessment of this clause and how AL would evolve under the Constitution.