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What is Necessary and Proper?

By Corey Rayburnyung

There are many different angles from which someone could attack the majority opinion issued today in United States v. Comstock. I am on record previously and continue to believe that Section 4248 is an unconstitutional exercise of federal power. In this case, though, I want to focus on the factual claim by the majority and the concurring opinions that 4248 was necessary and proper to execute an enumerated power. From the majority: Taken together, these considerations lead us to conclude that the statute is a ?necessary and proper? means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned, and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others...continue to full post

Full post as published by Sex Crimes on May 17, 2010 (boomark / email).