Clause Quote by Joseph Story
![“[The necessary and proper clause] neither enlarges any power specifically granted; nor is it a grant of any new power to Congress; But it is merely a declaration, for the removal of all uncertainty, that the means of carrying into execution those otherwise granted are included in the grant.” quote by Joseph Story](https://sms4smile.com/quotes/img-quotes/206/joseph-story-11919_clauses_the-necessary-and-proper-clause-neither_1577673.jpg)
“[The necessary and proper clause] neither enlarges any power specifically granted; nor is it a grant of any new power to Congress; But it is merely a declaration, for the removal of all uncertainty, that the means of carrying into execution those otherwise granted are included in the grant.”
About This Quote
Source Legal Treatise: Commentaries on the Constitution of the United States, 1833
The Necessary and Proper Clause clarifies that Congress may use means to execute granted powers, not create new ones.
In simple terms: Clause enables execution, not new powers.
Key Takeaway
Interpret powers as tools, not expansions.
Themes
law
government
constitution
Mood
formal
critical
Type
legal
analytical
When to use this quote
- legislative drafting
- court rulings
- policy making
Key Concepts
constitutional interpretation
legislative scope
Questions to Reflect On
- How should limits be defined?
- What checks prevent overreach?
A Different Perspective
Clause can be stretched to justify broad authority.
![“[Y]ou wonder why anyone would make the mistake of calling it the Commerce Clause instead of the 'Hey, you -can-do-whatever-you-feel-like Clause?” quote by Alex Kozinski](https://sms4smile.com/quotes/img-quotes/c6c/alex-kozinski-26609_business_y-ou-wonder-why-anyone-would-make-the-mi_2380109.jpg)
![“At the time of the adoption of the constitution, and of the amendment to it, now under consideration [i.e., the First Amendment], the general, if not the universal sentiment in America was, that Christianity ought to receive encouragement from the state, so far as was not incompatible with the…” quote by Joseph Story](https://sms4smile.com/quotes/img-quotes/ef2/joseph-story-11919_adoption_at-the-time-of-the-adoption-of-the-const_282131.jpg)
![“[I]t is impossible for those, who believe in the truth of Christianity, as a divine revelation, to doubt, that it is the especial duty of government to foster, and encourage it among all the citizens and subjects. This is a point wholly distinct from that of the right of private judgment in…” quote by Joseph Story](https://sms4smile.com/quotes/img-quotes/5c4/joseph-story-11919_believe_i-t-is-impossible-for-those-who-believe_635340.jpg)
