Like the Dude, McCulloch v. Maryland abides. Steve Calabresi, Elise Kostiel, and Gary Lawson have a new paper called "What McCulloch v. Maryland Got Wrong: The Original Meaning of 'Necessary' Is Not ...
Although often commonly referred to as the “sweeping clause” or the “elastic clause,” the “necessary and proper” clause is not in fact as expansive as its nicknames suggests. After listing the 17 ...
Last week, as readers of this blog surely know, the Supreme Court heard oral argument in Zivotofsky v. Kerry, which considers the validity of a law regulating the content of U.S. passports. One ...
Log-in to bookmark & organize content - it's free! Senator Mike Lee (R-UT) talked about necessary and proper clause and its application.
Below, Eric Hansford of Stanford Law School recaps yesterday’s opinion in United States v. Comstock. Earlier coverage of the case is available here. Check the Comstock (08-1224) SCOTUSwiki page for ...
The legal challenge to the Obama health care act has invigorated a dispute as old as the Constitution about the framers’ most nettlesome grant of power, which gives Congress treacherously broad ...
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