What is the relationship between the Constitutional enumerated powers of Congress and the Necessary and Proper Clause?

Professor Randy Barnett discusses one of the most notorious Supreme Court cases Prigg v. Pennsylvania. At issue in the case was whether Congress had the power to enact the Fugitive Slave Act, pursuant to the Fugitive Slave Clause in Article 4 of the Constitution. Professor Barnett outlines the arguments in the case and explains how Justice Story used an extremely broad interpretation of the Necessary and Proper Clause to justify Congress’ action.

Professor Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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   • Constitutional Law [Course] [No. 86]