The Necessary and Proper Clause grants Congress broad authority to enact federal legislation” (U.S. v. Comstock) by “adopt[ing] any means, appearing to it most eligible and appropriate” (James Everard’s Breweries v. Day) to accomplish any of its enumerated powers. There are several principles, defined in McCulloch v. Maryland, which the Necessary and Proper clause prescribes to: (1) the people principle, (2) the enumeration principle, (3) the supremacy principle, (4) the “great powers” and Implication principle, (5) the necessary and proper and authorization principle, (6) the “let the end be legitimate principle, and (7) the state nullification principle. In conjunction, these principles establish that although the enumerated powers of government are limited, the legislature has the discretion to perform the duties assigned to it “in the manner most beneficial to the people.”

What are the seven principles? I assume the supremacy principle refers to the supremacy clause and that the necessary and proper and authroization principle refers to the necessary and proper clause. I already know what the "let the end by legitimate" principle is.

  • Do you have a reference to the 7 principles you listed? – xuhdev Dec 29 '18 at 6:20

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.