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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: Peter Dierks who wrote (2001)10/26/2005 1:12:51 PM
From: TimF  Read Replies (1) | Respond to of 71588
 
All of the other stuff you mention were added later.

Not all of it. The commerce clause, and the "necessary and proper clause", and the bit in the preamble about promoting the general welfare, where all in the original constitution.

They are the most abused clauses. They are often twisted in to meaning just about anything someone wants them to mean. They are the sawed off shotgun in your story. Obviously they are intended to allow some flexibility (except perhaps "promote the general welfare" which is not clearly a requirement, a limitation, a power, a constitutional right, or anything else that should have an active legal effect), but I doubt they where intended to, and I don't think they should, provide as much flexibility as they sometimes have.

Tim