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documents:cosproject:surge:article_20-necessaryproperclause [2018/03/25 11:27] Oliver Wolcottdocuments:cosproject:surge:article_20-necessaryproperclause [2018/03/26 10:32] Oliver Wolcott
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 {{:documents:cosproject:surge:article-20-1.png|The Framers inserted the “Convention for proposing Amendments” in the Constitution to provide the states with a way of obtaining constitutional amendments without federal interference.}} {{:documents:cosproject:surge:article-20-1.png|The Framers inserted the “Convention for proposing Amendments” in the Constitution to provide the states with a way of obtaining constitutional amendments without federal interference.}}
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-//The Framers inserted the “Convention for proposing Amendments” in the Constitution to provide the states with a way of obtaining constitutional amendments without federal interference.// 
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 ===== The Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention ===== ===== The Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention =====
 **Robert Natelson, Independence Institute’s Senior Fellow in Constitutional Jurisprudence and Head of the Institute’s Article V Information Center** **Robert Natelson, Independence Institute’s Senior Fellow in Constitutional Jurisprudence and Head of the Institute’s Article V Information Center**
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 {{:documents:cosproject:surge:article-20-2.png|Why would the Framers place in the Constitution a method by which Congress could largely control a convention created to bypass Congress? Were the Framers that stupid? Of course not.}} {{:documents:cosproject:surge:article-20-2.png|Why would the Framers place in the Constitution a method by which Congress could largely control a convention created to bypass Congress? Were the Framers that stupid? Of course not.}}
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-//Why would the Framers place in the Constitution a method by which Congress could largely control a convention created to bypass Congress? Were the Framers that stupid? Of course not.// 
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 The Clause was based on usage common in 18<sup>th</sup>-century legal documents. It is not a grant of authority, but a rule of interpretation. It tells us to construe certain enumerated powers as the ratifiers understood them, rather than in an overly-narrow way. In legal terms, the Necessary and Proper Clause informs us that those enumerated powers include “incidental” authority. The Clause was based on usage common in 18<sup>th</sup>-century legal documents. It is not a grant of authority, but a rule of interpretation. It tells us to construe certain enumerated powers as the ratifiers understood them, rather than in an overly-narrow way. In legal terms, the Necessary and Proper Clause informs us that those enumerated powers include “incidental” authority.
  
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documents/cosproject/surge/article_20-necessaryproperclause.txt · Last modified: 2021/02/23 16:14 by 127.0.0.1