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- Xref: sparky talk.politics.misc:69137 misc.legal:23091
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.COM (Clayton Cramer)
- Newsgroups: talk.politics.misc,misc.legal
- Subject: Re: A 4th branch of government?
- Message-ID: <14014@optilink.COM>
- Date: 21 Jan 93 18:45:14 GMT
- References: <1993Jan13.051154.12164@ucsu.Colorado.EDU> <1993Jan20.062643.5142@ucsu.Colorado.EDU>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 40
-
- In article <1993Jan20.062643.5142@ucsu.Colorado.EDU>, fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- > In article <d2UG02ww32FI01@JUTS.ccc.amdahl.com> tjc50@juts.ccc.amdahl.com (Terry Carroll) writes:
- > >"The Congress shall have power . . . 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." U.S. Const. Article
- > >I, Sec. 8.
- >
- > Which everyone (to the best of my knowledge) agrees is _not_ a blank check
- > to violate other constitutional provisions. The accepted interpertation
- > is that "necessary and proper" means within the limits established be
- > the rest of the constitution. (Can Congress violate the First Amedment
- > if it think's that is "necessary and proper", or alter the President's
- > term of office?)
- >
- > Frank Crary
-
- In fact, the problem is that many people are convinced that the
- "necessary and proper" clause IS a blank check. See Hamilton's
- Federalist 29, where he makes it clear that people who think of
- this clause as some sort of blank check are crazy. He argues
- that while this includes reasonable actions that are truly necessary
- and proper, this doesn't mean that the Federal Government's
- authority is unlimited, as modern liberals seem to feel:
-
- It would be as absurd to doubt,
- that a right to pass all laws NECESSARY AND PROPER to execute its
- declared powers, would include that of requiring the assistance of
- the citizens to the officers who may be intrusted with the execution
- of those laws, as it would be to believe, that a right to enact laws
- necessary and proper for the imposition and collection of taxes
- would involve that of varying the rules of descent and of the
- alienation of landed property, or of abolishing the trial by jury in
- cases relating to it.
-
- Of course, the crazies won, and now control the courts.
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "When freedom destroys order, order will destroy freedom." -- Eric Hoffer
- Not a goal, just a statement of reality.
-