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Keyword: necessaryandproper

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  • ... And Another Thing, George Will Is Wrong

    02/16/2006 11:14:47 AM PST · by wcdukenfield · 84 replies · 1,891+ views
    National Review Online ^ | 2/16/06 | Mark R. Levin
    Unfortunately, George Will believes that Congress has the power to micromanage the president's explicit commander-in-chief responsibilities. He reads the "necessary and proper clause" the way activist judges read the commerce clause, i.e., without context or limitation. Will properly notes that the Constitution "empowers Congress to ratify treaties, declare war, fund and regulate military forces, and make laws ’necessary and proper’ for the execution of all presidential powers." [Will's emphasis.] But as Joseph Story, the great Supreme Court justice and constitutional scholar correctly wrote: "The clause, in its just sense, then, does not enlarge any other power, specifically granted; nor is...