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To: Jacquerie
I'd like to hear from the "necessary and proper" crowd.

Certainly...

"...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.

Justice Scalia, concurring in Raich

13 posted on 11/17/2010 3:43:02 PM PST by Ken H
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To: Ken H

I will rephrase.

I would like to hear “necessary and proper” discussed where laws are supposed to originate, Congress.

As for the “Necessary,” from Congressman James Madison:

“Necessary” cannot be legitimately contrived into boundless power to Congress. As used and debated it must necessary to the end, that is, the defined powers. “. . . condemn the exercise of any power, particularly a great and important power, which is not evidently and necessarily involved in an express power.”


15 posted on 11/17/2010 3:55:02 PM PST by Jacquerie (The President should regard the Constitution and the Declaration like an obsessed lover. Mike Pence)
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To: Ken H
As for “Proper,” does the proposed bill violate our Natural or Constitutional rights? Does it involve a power retained by the states? If yes to either, it is not proper.

Is airline security executed by a federal agency necessary? I don't think so. We have the TSA primarily to relieve the airlines from expense and liability, not to provide security.

Are scanners and genital searches proper? Phht.

17 posted on 11/17/2010 4:10:14 PM PST by Jacquerie (Great nations are born Stoic and die Epicurean.)
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