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http://ssrn.com/abstract=1495014
 
 

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The Corporate Law Background of the Necessary and Proper Clause


Geoffrey P. Miller


New York University School of Law

October 27, 2009

NYU School of Law, Public Law Research Paper No. 09-57
George Washington Law Review, Vol. 79, p. 1, 2010

Abstract:     
This paper investigates the corporate law background of the Necessary and Proper Clause. It turns out that corporate charters of the colonial and early federal period bristled with similar clauses, often attached to grants of rulemaking power. Analysis of these corporate charters suggests that the Necessary and Proper Clause does not create independent lawmaking competence; does not confer general legislative power; does not grant Congress unilateral discretion to determine the scope of its authority; requires that there be a reasonably close connection between constitutionally recognized ends and the legislative means chosen to accomplish those ends; and requires that federal law may not, without adequate justification, discriminate against or otherwise disproportionately affect the interests of particular citizens vis-à-vis others.

Number of Pages in PDF File: 37

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Date posted: October 29, 2009 ; Last revised: May 27, 2010

Suggested Citation

Miller, Geoffrey P., The Corporate Law Background of the Necessary and Proper Clause (October 27, 2009). George Washington Law Review, Vol. 79, p. 1, 2010. Available at SSRN: http://ssrn.com/abstract=1495014 or http://dx.doi.org/10.2139/ssrn.1495014

Contact Information

Geoffrey P. Miller (Contact Author)
New York University School of Law ( email )
Center for the Study of Central Banks
40 Washington Square South
New York, NY 10012-1099
United States
212-998-6329 (Phone)
212-995-4590 (Fax)
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