Necessary and Proper Clause

“ The clause which enables Congress to pass all laws necessary and proper to execute the specified powers must, according to the natural and obvious force of the terms and the context, be limited to means necessary to the end and incident to the nature of the specified powers. ”

“ It is only when different clauses of an act are so dependent upon each other that it is evident the legislat re would not have enacted one of them without the other-as when the two things provided are necessary parts of one system-that the whole act will fall with the invalidity of one clause. ”

“ Definitions slightly different have been given by different jurists to the words 'necessary and proper,' employed in the clause of the Constitution conferring upon Congress the power to pass laws for carrying t e express grants of power into execution, but no one ever pretended that a construction or definition could be sustained that the general clause would authorize the employment of such means in the execution of one express grant as would practically nullify another or render another utterly nugatory. ”

“ The most that can be said is, that where the words of the devise admit of passing a greater interest than for life, Courts will lay hold of the introductory clause, to assist them in ascertaining the intention. ”

“ I hope the reasonableness and equity of this clause is so incontestably apparent, that it will find no opposition; for what can be more cruel, unjust, or oppressive, than to punish men for neglect of a law which they have endeavoured to obey. ”

“ We do not agree to this construction. Although the wording of the clause occasions some obscurity and hesitation, yet, regarding the sense and substance of it, there can be little doubt about its meaning. ”

“ First, if the concluding clause is considered as an independent entity and perused for its plain meaning, it seems clear that the most obvious referents of the words are found in their immediate statutory context. ”

“ Justice Field, in The Moses Taylor, said: 'That clause only saves to suitors 'the right of a common-law remedy, where the common law is competent to give it.' It is not a remedy in the common-law courts which is saved, but a common-law remedy. ”

“ It is easy to perceive the class of cases, for which this provision was made; for example, when disputes about boundaries between two states arise. It is easy also to imagine many other cases, apparently within the letter, and yet not within the meaning, and so excluded by a just construction of the clause. ”

“ Shall and Will in Questions. In interrogative sentences shall should always be used with the first person. In the second and third persons that auxiliary should be used which is logically expected in the answer.
Examine the agreement in the use of shall and will in the following questions and answers:
Page 73 67. Shall and Will in Dependent Clauses. In dependent clauses which are introduced by that, expressed or understood, the auxiliary should be used which would be proper if the dependent clause were a principal clause. The sentence, They assure us that they shall come, is wrong. ”

“ The change from the drawing in question of the construction of a clause of the Constitution, or of a treaty, statute, or commission, to the claim of a right under the Constitution, treaty, statute, commission, or authority, emphasized the necessity that the right must be specially set up and denied. ”

“ The clause just quoted is crucial; its words are plain and, having regard to the connection in which they are used, must be given the meaning naturally attributable to them. It is obvious that they do not extend to hampers other than the nine classes defined in section 1. ”

“ As early as in Bacon's Abridgment, sect. 2, it was said that 'a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.' This rule has been repeated innumerable times. Another rule equally recognized is that every part of a statute must be construed in connection with the whole, so as to make all the parts harmonize, if possible, and give meaning to each. ”

“ That in one class of cases, 'the character of the parties is every thing, the nature of the case nothing;' in the other, 'the nature of the case is every thing, the character of the parties nothing.' That the clause relating to cases in law or equity, arising under the constitution, laws, and treaties, makes no exception in terms, or regards 'the condition of the party.' If there be any exception, it is to be implied against the express words of the article. ”

“ Thus much would be clear, if anything were clear in it, that according to this clause, whatever proprietary rights, whatever property a man once has, no matter how, being imprescriptible, can never be taken away from him by any law or of what use or meaning is the clause? ”

“ In order to come within this clause, the validity, and not the construction only, of a treaty or statute of the United States, or of an authority exercised under the United States, must be directly drawn in question. ”

“ When it is said that a person escaping into another State, and coming therefore within the jurisdiction of that State, shall be delivered up, it seems to me the import of the clause is, that the State itself, in obedience to the Constitution, shall cause him to be delivered up. ”

“ A construction that creates an inconsistency should be avoided when a reasonable interpretation can be adopted which will not do violence to the plain words of the act, and will carry out the intention of Congress. [12]
There is no inconsistency in the act unless it is assumed that the word 'obligations' refers to genuine obligations only. Since words that have one meaning in a particular context frequently have a different significance in another, [13] it is necessary to consider the context of the words 'such obligations,' in order to determine their significance. ”

“ The court answers the first, second, and fourth questions in the negative, and the third in the affirmative. Its answer is in the negative to the first clause, and in the affirmative to the second clause, of the fifth question. ”

“ The rule that every clause in a statute should have effect, and one portion should not be placed in antagonism to another, is well settled; and it is also held that it is the duty of the court to ascertain the meaning of the legislature from the words used and the subject-matter to which the statute relates, and to restrain its operation within narrower limits than its words import if the court is satisfied that the literal meaning of its language would extend to cases which the legislature never intended to include in it. ”

“ Thus the necessity of examining men upon oath in their own cause will be entirely taken away; and, as the clause will then stand, there will remain no suspicion of injustice, or oppression, because none can be practised without the concurrence of many persons of different interests. ”

“ Would not every clause and section have its own plain and intelligible sense? Especially would not the last clause or section have a full and sufficient both sense and application without any man's dreaming for a single moment of there being contained in it a repeal of any portion of the table or schedule of degrees? ”

“ Upon reason, principle, and authority, we are of opinion that the stipulation before us is a condition precedent, and not a mere representation, nor an independent covenant, and that it goes to the entire root of the contract. ”

“ This general rule of interpretation often makes it manifest that that which is called a condition is really but a covenant or agreement, to be performed independently of the counter obligation with which it is associated. ”

“ Many laws of a permanent character have been introduced into appropriation bills, and it is often difficult to determine whether the particular clause expires with the temporary act of which it is a part or continues in force. ”

“ At all events, the true construction of the law in its ultimate form is too obvious to admit of a reasonable doubt. The goods are aptly described by the general clause in the act of 1864, and are not otherwise provided for in that act, nor provided for by name in any previous act. ”

“ This is the interpretation of the clause, made at the time of its adoption alike by its authors and by its opponents, accepted by all the statesmen of that age, not open to dispute because too clear for argument, and never disputed so long as any one man who took part in framing the Constitution remained alive. ”

“ No human being, I think, can coolly and deliberately inflict a hardship like this, and, therefore, I doubt not but those who have, by inadvertency, given room for this objection, will either remove it by an amendment, or what is, in my opinion, more eligible, reject the clause as inexpedient, useless, and unjust. ”

“ A reason no less conclusive is, that every provision of a law requires to be framed with the most accurate and long-sighted perception of its effect on all the other provisions; and the law when made should be capable of fitting into a consistent whole with the previously existing laws. It is impossible that these conditions should be in any degree fulfilled when laws are voted clause by clause in a miscellaneous assembly. ”

“ If every person residing or being in either portion of the state should be accorded the equal protection of the laws prevailing there, he could not justly complain of a violation of the clause referred to. ”

“ The shalls will be right if it appears that each shall-clause is equivalent to a conditional protasis. We may show it by starting at the end as with the house that Jack built and constructing the sentence backwards, subordinating by stages, and changing will to shall as the protases come in; it will be allowed that until means to the time when, and that when may be resolved into if ever. Thus we get: a. One will know. b. None will be a member of the legislature unless one shall know. c. It will distil to the time if ever none shall be a member unless one shall know. ”

“ Similarly, a parenthesis may be added to tell us that within the limits of the defining clause we have perfect freedom of choice:
Choose men who, at one time or another, have held office.
They must have held office, that is all; it does not matter when.
(iii) Words of comment, indicating the writer's authority for his limitation, his recognition of the sentiments that it may arouse, and the like, properly stand outside the defining clause: when they are placed within it, they ought to be marked as parenthetic. ”

“ Sir John BARNARD spoke next, to the effect following:—Sir, though it should be granted, that the clause before us is intelligible to every member of this assembly, it will not certainly follow, that there is no necessity of farther elucidations; for a law very easily understood by those who make it, may be obscure to others who are less acquainted with our general intention, less skilled in the niceties of language, or less accustomed to the style of laws. ”

“ By one clause, no law can be passed impairing the obligation of contracts; yet, if the validity of the contract be recognised according to a fair interpretation of it, the good faith intended to be enforced by this clause is secured; and an act of limitation of the state where the action is brought governs the remedy, though in that state the obligation, in one sense, may be much impaired by it ”

“ I used to reflect then that the human soul contained infinite desires, unimaginable metamorphoses and hallowed sorrows, and if, under the spell of such thoughts, I gave to the clause I chanced to be engaged upon an ampler, a humaner sense, an added respect for the soul and its rights, and for the universal order of things, that clause would never fail to encounter vigorous opposition in the Chamber. The counsels of the Blue Bird seldom prevailed in the committee stage. ”

“ The rule of the house to proceed clause by clause has been violated. Instead of doing this, gentlemen alarm us by declamations without reason or argument—by bold assertions that we are going to sacrifice our liberties. It is a fact known to many members within my hearing, that several members have tried their interest without doors to induce others to oppose this system. Every local interest that could affect their minds has been operated upon. ”

“ Men reared to consider their word equal to the most binding [200] legal contract ever made, would naturally find it difficult to realize, when entering civil life, that something else is considered necessary. ”

“ The clause, sir, now before us contains, in my opinion, one of those visionary provisions, which, however infallible they may appear, will be easily defeated, and will have no other effect than to promote cunning and fraud, and to teach men those acts of collusion, with which they would otherwise never have been acquainted. ”

“ We omit, as unnecessary to the disposition of this case, any consideration of the applicability of the first two clauses, because we think the case comes within the scope of the 3d clause, and we need not now go farther. ”

“ The initial words are particularly appropriate to a restriction of the clause to in personam actions, and the rest of the language is intelligible on this premise. In accordance with the familiar rule in such circumstances, we will not stretch the language when the party drafting such a form contract has not included a provision it easily might have. ”

“ Whether the limitation should be accepted is thus the pivotal inquiry. The power is ours, when the impairment of an obligation is urged against a law, to determine for ourselves the effect and meaning of the contract as well as its existence. ”