Last week, as readers of this blog surely know, the Supreme Court heard oral argument in Zivotofsky v. Kerry, which considers the validity of a law regulating the content of U.S. passports. One ...

Log-in to bookmark & organize content - it's free! University of Arkansas Law Professor Mark Killenbeck explains the Necessary and Proper Clause, as articulated by the Supreme Court in McCulloch v.

Two constitutional provisions at issue in the health-care challenges are the “necessary and proper” clause and the commerce clause. Necessary and proper clause: Congress has the power to "make all ...

As regular readers probably have learned all too well, one of my current academic projects is revising our understanding of the Necessary and Proper Clause, something I tried to do in two recent ...

The legal challenge to the Obama health care act has invigorated a dispute as old as the Constitution about the framers’ most nettlesome grant of power, which gives Congress treacherously broad ...