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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: TigerPaw who wrote (4919)11/7/2005 5:21:15 PM
From: TimF  Read Replies (1) | Respond to of 541515
 
I don't really understand how you meant that as a response to the post you replied to. If you can explain that part I might respond to the explanation. For now I'll just respond to content of your post rather then trying to tie it in to the earlier conversation.

As for your statement about "necessary and proper" being settled law, its really to vague to be completely settled. Obviously if there was no way it could be possible for the government to exercise its constitutionally defined areas of responsibility without X, you would have a good argument that X was allowed under the necessary and proper cause. OTOH people can consider just about anything to be necessary and proper, and if interpreted loosely the clause becomes "the government can do just about whatever it wants" clause. That loose interpretation is hardly settled law, even if it does go way back.

Tim