U.S. Rep. Ron Paul | necessary and proper |
necessary and proper
Birth Defects Prevention Act
10 March 1998 1998 Ron Paul 24:3
As a Congressman, I have repeatedly come to the house floor to denounce the further expansion of the federal government into areas ranging from “toilet-tank-size mandates” to “public housing pet size;” areas, that is, where no enumerated power exists and the tenth amendment reserves to state governments and private citizens the exclusive jurisdiction over such matters. My visits to the floor have not gone uncontested — proponents of an enlarged federal government and more government spending have justified their pet spending and expansionist projects by distorting the meaning of the “necessary and proper” and “common defense and general welfare” clauses to encompass the constitutionally illegitimate activities they advocate. Even the Export-Import Bank and Overseas Private Investment Corporation during Foreign Operations Appropriations debate were constitutionally “justified” by the express power to “coin money and regulate the value thereof”? In other words, where money exists, credit exists — where credit exists, loans exist — where loans exist, defaulters exist — and from this, the federal government has a duty to bail-out (at taxpayer expense) politically connected corporations who make bad loans in political-risk-laden venues?
necessary and proper
Birth Defects Prevention Act
10 March 1998 1998 Ron Paul 24:4
In the Federalist Papers, Madison and Hamilton strongly denied such views with respect to the necessary and proper clause. Madison was similarly emphatic that the “defense and welfare” clause did not expand the enumerated powers granted to Congress. To the extent these clauses encompass the enumerated powers (rather than merely serve as their preamble), one must ask why then the federal powers were, in fact, enumerated in Article One, Section 8.
necessary and proper
Birth Defects Prevention Act
10 March 1998 1998 Ron Paul 24:6
Jefferson, in one of his most famous remarks, when addressing the issue of whether to grant a federal charter to a mining business, recognized below the slippery slope of a lax interpretation of the “necessary and proper” clause:
necessary and proper
Drug-Free Workplace Act
23 June 1998 1998 Ron Paul 63:7
It should never go unnoticed that, as is so often the case in this Congress, constitutional authority is lacking for the further expansion of the Federal Government into the realm of small business and the means by which they hire reliable employees. The Report on H.R. 3583 cites Article I, Section 8, Clause 18 as the Constitutional authority. This clause reads “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 Office thereof” (emphasis added). The authority cited requires a foregoing Power which not only is missing from the authority cited for this bill but in my close examination of Article I, Section 8, simply seems not to exist.
necessary and proper
Sudan Peace Act
13 June 2001 2001 Ron Paul 40:8
Apparently, it is also lost on this Congress that the Constitution was a grant of limited power to the federal government from the citizens or, in other words, the Constitution was not designed to allow the government to restrain the people, but to allow the people to restrain the government. Of course, the customary lip service is given to the Constitution insofar as the committee report for this bill follows the rule of citing Constitutional authority and cites Art. I, Section 8, which is where one might look to find a specific enumerated power. However, the report cites only clause 18 which begs some further citation. While Clause 18 contains the “necessary and proper” clause, it limits Congress to enacting laws “necessary and proper” to some more specifically (i.e. foregoing) enumerated power. Naturally, no such “foregoing” authority is cited by the advocates of this bill.
necessary and proper
Internationalizing SEC
13 June 2001 2001 Ron Paul 41:5
I would like to take another moment to mention something which is considered an esoteric point, but I consider very important, and that has to do with the authority to do these kinds of things that we are doing today, no matter how well intended. The committee report explains the authority, and the supporters of the bill says the authority comes from article one, section 8, clause 18. And they look to the right place. Article one, section 8 gives us our 18 enumerated powers that we are permitted to do. The clause 18 is the necessary and proper clause: to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
necessary and proper
Against $15 Billion To Fight AIDS In Africa
1 May 2003 2003 Ron Paul 53:4
But the point I wanted to bring up is the authority for doing programs like this. We have a rule in the House that we have to cite the constitutional authority, for the legislation we’re dealing with. The committee report cites the authority from a very important section of the Constitution, article I, section 8, because literally we, the Congress, get our marching orders from article I, section 8, which is the section of the Constitution relating to making all laws necessary and proper for carrying into execution the powers vested by the Constitution.
necessary and proper
Against $15 Billion To Fight AIDS In Africa
1 May 2003 2003 Ron Paul 53:5
Well, that is where the shortcoming comes because if we read the Constitution, at the end of article I, section 8, it says, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.” Therefore, the “necessary and proper” clause is explicitly designed to give the authority to write the laws for the foregoing powers. Believe me, we will not find any authority in article I, section 8 for dealing with medical care problems in Africa.
necessary and proper
The Deficit
16 March 2005 2005 Ron Paul 33:9
And then we are given the permission to write the laws that are necessary and proper to implement those powers that are delegated to us. Those powers that are not delegated are reserved to the States and to the people. So it means that those things that are not prohibited are permitted, but I would say that the conventional wisdom today is that people accept the notion that we can do anything that we want as long as it is not prohibited by the Constitution.
Texas Straight Talk from 20 December 1996 to 23 June 2008 (573 editions) are included in this Concordance. Texas Straight Talk after 23 June 2008 is in blog form on Rep. Paul’s Congressional website and is not included in this Concordance.
Remember, not everything in the concordance is Ron Paul’s words. Some things he quoted, and he added some newspaper and magazine articles to the Congressional Record. Check the original speech to see.