Necessary and Proper Clause

Arguing that the word “proper” was understood at the Founding to impose jurisdictional limits on Congress by the Constitution.

Arguing that the purpose of the Necessary and Proper Clause was to reinforce the role of Congress as an agent of the people and, therefore, the Clause borrows language from agency law and should be understood in that vein. 

Arguing that absolute judicial deference to Congress’s judgment of “necessity” does not comport with the original meaning of the Constitution.

Briefly noting the importance of understanding the meaning of “necessary and proper” in determining the limits of the Commerce Clause.