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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Origins of the Necessary and Proper Clause

ISBN13: 9780521119580
Published: September 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £72.00
Paperback edition , ISBN13 9781107663701

Despatched in 7 to 9 days.

The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine word paragraph is cited as the legal foundation for much of the modern federal government. Yet constitutional scholars have pronounced its origins and original meaning a mystery.

Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations.

Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.

Legal History, Other Jurisdictions , USA
1. Raiders of the lost clause: excavating the buried foundations of the Necessary and Proper Clause
2. Discretionary grants in eighteenth-century English legislation
3. An ocean away: eighteenth-century drafting in England and America
4. The legal origins of the Necessary and Proper Clause
5. The framing and adoption of the Necessary and Proper Clause
6. Necessity, propriety, and reasonableness
7. The corporate law background of the Necessary and Proper Clause.