The Necessary and Proper Clause is one of the most important parts
of the U.S. Constitution. Today this short thirty-nine word
paragraph is cited as the legal foundation for much of the modern
federal government. Yet constitutional scholars have pronounced its
origins and original meaning a mystery. 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.
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