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  • Necessary and Proper Clause

    Obamacare at the Court Preview: Day 2, The Individual Mandate

    Call it the main event: after a day puzzling over whether Obamacare’s fines on those who don’t buy insurance constitute a tax or a penalty—an important threshold issue, to be sure, but one that hasn’t quite captured the public’s imagination—the Court today will hear oral argument regarding one of the … More

    Not So Sweeping After All: The Limits of the Necessary and Proper Clause

    The Necessary and Proper Clause makes things happen. To many on the left, the Necessary and Proper Clause joins the General Welfare Clause, and the Commerce Clause to form a trivium of validation for any and every expansion of government power imaginable. But, as David Engdahl explains in his Constitutional … More