Re:Amazon HQ2 finalists should refuse tax breaks, say nearly...
by rayiner on Wednesday January 31, 2018 @05:19PM
(#16278068)
> It was meant to give the federal government all the powers necessary for the federal government to have to make the country successful. Hence the "necessary and proper" clause
The Necessary and Proper clause says: "The Congress shall have Power ... 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 Officer thereof."
The "foregoing Powers" refers to the preceding text in Article I, Section 8, which gives Congress power to do things like "provide and maintain a Navy." So Congress has the power to "make all Laws which shall be necessary and proper [to provide and maintain a Navy], ..." It does not have the power to make laws "necessary and proper" generally.
The basic design of the government is flawed. It's supposed to be a federal system, with a limited federal government that provides for a common defense, regulates the currency, etc., but where the states build the roads, provide police services, etc. That was how the Constitution was sold to the public before it was ratified.
But depriving states to control their borders makes that idea unworkable in practice, because it creates a prisoner's dilemma situation. E.g., everyone might want universal healthcare, but each state has an incentive to let the other states do it, and simply let people cross the border for treatment when they get sick. Or, it might be the case that investing in education helps businesses to have a competent work force, but each state has an incentive to let the other states foot the bill, and lure businesses and educated workers after the fact through low taxes.
To provide the services people expect from a modern first-world country, then, the federal government is then forced to give up federalism. It has to dramatically overstep the limited role it was originally envisioned as having.
The Necessary and Proper clause says: "The Congress shall have Power ... 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 Officer thereof."
The "foregoing Powers" refers to the preceding text in Article I, Section 8, which gives Congress power to do things like "provide and maintain a Navy." So Congress has the power to "make all Laws which shall be necessary and proper [to provide and maintain a Navy], ..." It does not have the power to make laws "necessary and proper" generally.
The basic design of the government is flawed. It's supposed to be a federal system, with a limited federal government that provides for a common defense, regulates the currency, etc., but where the states build the roads, provide police services, etc. That was how the Constitution was sold to the public before it was ratified.
But depriving states to control their borders makes that idea unworkable in practice, because it creates a prisoner's dilemma situation. E.g., everyone might want universal healthcare, but each state has an incentive to let the other states do it, and simply let people cross the border for treatment when they get sick. Or, it might be the case that investing in education helps businesses to have a competent work force, but each state has an incentive to let the other states foot the bill, and lure businesses and educated workers after the fact through low taxes.
To provide the services people expect from a modern first-world country, then, the federal government is then forced to give up federalism. It has to dramatically overstep the limited role it was originally envisioned as having.