Madison on the "Necessary and Proper" Clause in the U.S. Constitution
Madison's commentary (reproduced below) is interesting. And it is underscored by the following fact: During the drafting of the Bill of Rights, people kept slipping "expressly" into the tenth amendment, and Madison kept taking it back out. Article I section 8 was deliberately vague, and Madison meant to keep it that way! The clause was meant to be understood as, "Do whatever you really have to do, but try to keep it within limits, OK?" Getting a constitution drafted was contentious and tricky business. Whenever an issue was particularly difficult to reach consensus upon, the preferred solution was, "Write it up in a vague manner, and leave it for others to sort out." In any case, here is Madison, from Federalist 44: There are four other possible methods which the Constitution might have taken on this subject. They might have copied the second article of the existing Confederation, which would have prohibited the exercise of any power not EXPRESS...