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Politics : View from the Center and Left

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To: TigerPaw who wrote (5069)11/10/2005 2:24:30 PM
From: TimF  Read Replies (1) of 541562
 
It requires nothing. There is nothing in the phrase at all which makes any requirement on anyone.

"The Congress shall have power...

...To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

That phrase doesn't say "the government shall be required to...", or "it is the responsibility of congress to...", or "the president must..." All it does is specify legal powers of congress. The exact extent of those powers is debated. Strict constructionist would say that it only gives congress the power if the lack of such a power would crippled the governments ability to carry out an enumerated power. That sounds right to me. Others would go much further and say that under this clause congress has the power to make a law if it is even remotely connected to an enumerated power.

Tim
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