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Re: the Pesky Section 8


Bob, Section 8 only grants Congress those powers "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," so only those Congressional actions related to one of the powers explicitly granted the government are justified under Section 8's "necessary and proper" clause. Libertarians who uphold this interpretation are not relying on a flimsy catch-all argument but on a logical interpretation of the text.

More than loyalty to the Founder's intent is at stake in this debate. To say that the "necessary and proper" or "general welfare" clause of the Constitution allows the government to assume powers beyond those explicitly granted by the Constitution is to deny that the Constitution in any way limits the federal government's power beyond the specific prohibitions of the Bill of Rights.

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