The Final Frontier of Federal Power: Understanding, Defining, and Enforcing “Necessary and Proper” to Enhance the General Welfare and Limit Federal Power

This comment explores the long and inconsistent history of the Necessary and Proper Clause and its unique role as both a grant of power to Congress and a limit on the outer reach of the federal government. The federal government is in theory one of limited powers; however, this promise of the Constitution cannot be truly recognized without developing a robust framework for applying the Necessary and Proper Clause as a reliable source of federal power. After establishing the need for a framework, this comment provides five judicial decision rules that can be applied by trial and appellate courts to further the development of case law in this novel approach to the Necessary and Proper Clause.