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Necessary and Proper Clause
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==Background== According to the [[Articles of Confederation]], "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation ''expressly'' delegated" (emphasis added). Thus, the [[Continental Congress]] had no powers incidental to those "expressly delegated" by the Articles of Confederation.<ref name=vile>Vile, John (2005). ''[https://books.google.com/books?id=oyFpDS8p33sC&pg=PA591 The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding]'', Volume 1, p. 591. ABC-CLIO.</ref> By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress; no other clause in the Constitution does so by itself.<ref name=vile /> The draft clause provoked controversy during discussions on the proposed constitution, and its inclusion became a focal point of criticism for those opposed to ratification of the constitution. [[Anti-Federalism|Anti-Federalists]] expressed concern that the clause would grant the federal government boundless power, but [[Federalist Party (United States)|Federalists]] argued that the clause would permit only execution of powers that had been granted by the constitution. [[Alexander Hamilton]] spoke vigorously for the second interpretation in [[Federalist No. 33]]. At the time, [[James Madison]] concurred with Hamilton and argued in [[Federalist No. 44]] that without the clause, the constitution would be a "dead letter". At the [[Virginia Ratifying Convention]], [[Patrick Henry]] took the opposing view by saying that the clause would lead to limitless federal power, which would inevitably menace individual liberty.<ref>{{cite book | title=Reclaiming the American Revolution | last=Watkins |first=William J. Jr. | year=2004}}</ref>
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