At the Constitutional Convention, the Committee of Detail took the Convention 's resolutions on national legislative authority and particularized them into a series of enumerated powers. This originated the principle of enumerated powers, under which federal law can govern only as to matters within the terms of some power-granting clause of the Constitution. By including the Necessary and Proper Clause, the Framers set the criterion for laws that, even if they are not within the terms of other grants, serve to make other federal powers effective.
The writers of the Necessary and Proper clause intended the clause to serve two main purposes. One was to establish a level of organization in the Government, in regards to Congress empowering a judicial branch. The other purpose was to cover things that may have not yet caused a problem, but avoid future problems by using a vague clause such as this one. The part of this clause that seemed to go the smoothest was the organization it was encouraging. Congress was quick to establish executive departments and staffs, determining the number of Justices of the Supreme Court, and prescribing the judicial power among the Federal Court System. The Supreme Court thought of this clause as a source of Congress’s power to delegate or legislate about judicial processes and procedures. This clause help avoid offensive tendencies and violation of the principle of enumerated powers from statues of othe...
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... decide whether, when, and how to legislate "for carrying into Execution" the powers of another branch; but it respects and even reinforces the principle of separation of powers. A measure can be withheld under this clause, but it must appear that a means-to-end relation was at least considered by Congress and that it has been resolved.
The clause also allowed the ability to uphold federal laws affecting economic activity and justify federal criminal laws. In the Federal Kidnapping Act Congress made it a federal crime to transport a kidnapped person across state lines, because the transportation be an act of interstate activity, which Congress holds the power over. It also provided justification for many criminal laws relating to the interference with the federal governments rightful operation, like federal laws governing assault and murder of federal employees.
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