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[thomas <thomas AT tbeckett.com>]

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Phillip Rhodes wrote:
| So, if the Founders intended for Congress to be able to grant itself
| new powers under the necessary and proper clause, why were they
| so careful to enumerate exactly what Congress could and could
| not do, and why include the 9th and 10th Amendments?

There is a fairly significant body of law on this, known as "Substantive
Due Process", and which deals with limitations on the power of Congress
to do stuff.  Needless to say, the courts generally give the Congress a
lot of leeway with this.

| No, the truth is, Congress can do exactly the 18 things
| listed in Article I, Section 8, and nothing else.  Anything
| else is unconstitutional, and illegal.

Well, there is clause 3, the Commerce Clause:  "To regulate Commerce
with foreign Nations, and among the several States, and with the Indian
Tribes. . . ."  That would be the loophole you can drive a herd of
camels through.

| Just a little something to think about...

Backatcha!  :)

| Phil

TaB
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Thomas A. Beckett, JD & MBA              Business Law and Consulting
828-713-1668            <http://www.tbeckett.com>           919-824-5696
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