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The Origins of the Necessary and Proper Clause

The Origins of the Necessary and Proper Clause

The Origins of the Necessary and Proper Clause

Author: Gary Lawson; Geoffrey P. Miller; Robert G. Natelson; Guy I. Seidman
Publisher: Cambridge University Press
ISBN: 9781107663701
Published In: May 2013
Format: Paperback , 190 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.

• This is the only book devoted to the intellectual origins of the Necessary and Proper Clause

• The book combines three independent lines of research that all intersect at key points

• Explores the origins of the Necessary and Proper Clause by looking to legal doctrines often ignored by constitutional scholars: agency law, administrative law, and corporate law

Acknowledgments	ix
1 Raiders of the Lost Clause: Excavating the Buried Foundations of the Necessary and Proper Clause	1
2 Discretionary Grants in Eighteenth-Century English Legislation Gary Lawson and Guy I. Seidman	13
3 An Ocean Away: Eighteenth-Century Drafting in England and America Gary Lawson and Guy I. Seidman	35
4 The Legal Origins of the Necessary and Proper Clause Robert G. Natelson	52
5 The Framing and Adoption of the Necessary and Proper Clause Robert G. Natelson	84
6 Necessity, Propriety, and Reasonableness Gary Lawson and Guy I. Seidman	120
7 The Corporate Law Background of the Necessary and Proper Clause Geoffrey P. Miller	144
Index	177

Gary Lawson
Boston University School of Law

Geoffrey P. Miller
New York University School of Law

Robert G. Natelson
University of Montana School of Law

Guy I. Seidman
University of Herzilya, Israel

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