August 2022

Doesn’t the ‘necessary & proper’ clause’ (“elastic clause” or “sweeping clause” ) allow Congress to make any laws which the people in Congress think are ‘necessary & proper’?” NO, IT DOES NOT! Here it is – Article 1, Sec. 8, last clause: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (Emphasis mine) Alexander Hamilton says the clause • merely gives to Congress a power to pass all laws necessary & proper to execute its declared powers (Federalist No.

Guest Columnist Some Ivy League academics recently laid out ways in which they think the Biden administration can intervene, under existing law, to cut prescription drug costs. All Team Biden has to do is ignore the plain meaning, text, and legislative history of the law at issue, as well as numerous court rulings running explicitly counter to the view the professors espouse.