1The Federalist Number 42, [22 January 1788] (Madison Papers)
...same in any two of the states; and varies in each with every revision of its criminal laws. For the sake of certainty and uniformity therefore, the power of defining felonies in this case, was in every respect necessary and proper.
2The Federalist Number 44, [25 January] 1788 (Madison Papers)
1. “Of these the first is the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States.”...comprehended under the general terms “necessary and proper”; they might have attempted a negative enumeration of them, by specifying the powers excepted from the...
3Power of Congress over Federal District, [16 June] 1788 (Madison Papers)
The power of Congress to exercise exclusive legislation over the federal district was dangerous, Henry warned, especially in conjunction with its power to make all laws necessary and proper to carry its powers into execution.
4Amendments to the Constitution, [8 June] 1789 (Madison Papers)
...under their constitutions may to an indefinite extent; because in the constitution of the United States there is a clause granting to Congress the power to make all laws which shall be necessary and proper for carrying into execution all the powers vested in the government of the United States, or in any department or officer thereof; this enables them to fulfil every purpose for which the...
5Amendments to the Constitution, [15 August] 1789 (Madison Papers)
...but they had been required by some of the state conventions, who seemed to entertain an opinion that under the clause of the constitution, which gave power to congress to make all laws necessary and proper to carry into execution the constitution, and the laws made under it, enabled them to make laws of such a nature as might infringe the rights of conscience, or establish a national...
6Location of the Capital, [4 September] 1789 (Madison Papers)
...form the basis of the system; and perhaps the structure can rest on no other that the wisdom of man can devise. In a federal republic, give me leave to say, it is even more necessary and proper, that a sacred regard should be paid to these considerations. For beyond the sense of the community at large, which has its full agency in such a system, no such government can act with safety...
7Commercial Discrimination, [30 January] 1794 (Madison Papers)
2. If the discrimination had no effect in favor of the United States, it could not, for the same reason, be a prejudice to Portugal. If it were necessary and proper to go into the enquiry, more direct proofs could be given on this point.
8Virginia Resolutions, 21 December 1798 (Madison Papers)
...the progress of what he considered to be the wrongful interpretation of the Constitution he had done so much to create and have adopted. In JM’s mind, the abuse of the “necessary and proper” clause in the Constitution had led to the expansion of federal government power well beyond the intended execution of the enumerated powers. The creation of the public debt and the Bank of the...
9Edmund Randolph’s Notes on the Common Law, [ca. September] 1799 (Madison Papers)
The federal Constitution was built upon the deprivation of some state powers, and participation of others: but in neither case did the Government of the U. S. acquire any power except what was given or was necessary and proper to carry into execution the powers given....of enacting penalties are either defined in the Constitution or are necessary and proper to carry into execution such as are...
10The Report of 1800, [7 January] 1800 (Madison Papers)
as necessary and proper, for carrying into execution the powers expressly delegated. But the question does not relate to either of these portions of the common law. It relates to the common law, beyond these limitations....last clause of the above section, empowering Congress “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all...
11From James Madison to Thomas Jefferson, 12 January 1800 (Madison Papers)
...may have a sanction from the constitution, so far as they are necessarily comprehended in the technical phrases, which express the powers delegated to the government: and excepting also, such other parts thereof as may be adopted as necessary and proper for carrying into execution the powers expressly delegated” (
12To Thomas Jefferson from James Madison, 12 January 1800 (Jefferson Papers)
...The amendment excepted particular parts of the common law sanctioned by the Constitution “so far as they are necessarily comprehended in the technical phrases, which express the powers delegated to the government” or that “may be adopted as necessary and proper for carrying into execution the powers expressly delegated.” The Virginia Senate added the words “by
13From James Madison to Anthony Merry, 3 July 1804 (Madison Papers)
for expeditions and cruises on our coasts, equally insulting to our neutral and National Character; if in fine the attention of the Government to necessary and proper objects is to be thus interrupted and harrassed by aggressions on the tranquillity of our Ports and by the discussions and interpositions to which they lead: You will see, Sir, that the UStates must be driven by the...
14From James Madison to William Pinkney, 9 September 1808 (Madison Papers)
...of the ship little William. The first having gone by the British packet will probably reach you before you receive this, in time to enable you to take such steps as you may find necessary and proper. By that conveyance several original papers were sent to you, which had been furnished to this Department by the Superintendant of Indian Affairs to prove that part of the Cargo of this ship was...
15From James Madison to Jonathan Barry, 24 December 1808 (Madison Papers)
...taken for transferring the trial to the United States, for which purpose
you will be so good as to avail yourself of the first convenient conveyance to the United States; taking all the precautions which the occasion may render necessary and proper. I am &c.
16From James Madison to Caleb Strong, 7 February 1814 (Madison Papers)
As the course of proceeding, marked out by the law, for the parties complaining is sufficiently understood, it remains only to assure your Excellency that the case will receive whatever interposition may be necessary and proper, in their behalf, from the Executive Authority of the U. States.
17From James Madison to the House of Representatives, 3 March 1817 (Madison Papers)
...of the constitution; and it does not appear that the powers proposed to be exercise[d] by this bill is among the enumerated powers; or that it falls by any just interpretation, within the power to make laws necessary and proper for carrying into execution those or other powers vested by the constitution in the government of the U. States.
18From James Madison to Tench Coxe, 17 January 1821 (Madison Papers)
...the President or the Senate nor to the President and Senate; but that as the necessity of the power was apparent and the Legislature, having the right “to make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution” the power of removal belonged to the Legislature, embracing, the President, Senate, and House of...
19Review of a Statement Attributed to General John Armstrong, with an Appendix of Illustrative Documents, [ca. 30 April … (Madison Papers)
...this justification; that it was the duty of the Secretary of war not only to execute plans, or orders committed to him, but to devise and propose such as would in his opinion be necessary and proper; that this was an obvious and essential part of his charge, and that in what related to military plans and proceedings elsewhere, he had never been scrupulous or backward in taking this course;...
20[Copy of James Madison] to Robert Y. Hayne [as enclosed in James Madison to Edward Everett, April 17, 1830], 3 April … (Madison Papers)
by the necessary and proper measures in maintaining unimpaired "the authorities
rights and liberties reserved to the States respectively or to the people." That by the necessary and proper measures to
be
21James Madison to [Edward Everett], 28 August 1830 (Madison Papers)
by the necessary and proper
measures, in maintaining unimpaired the authorities rights and liberties reserved to the States respectively and to the
people".* That by the necessary and proper measures to be
22James Madison to Andrew Stevenson, 10 February 1833 (Madison Papers)
...Your favor of the 8th. instant, with the paper returned, was safely received. It may not be amiss for me to say, that the opinions expressed in the letter, that Constitutional provisions, necessary and proper to defeat resistance to the laws, ought not to be opposed, had no specific reference to the Bill depending, but was a general remark that whatever Constitutional provisions might be...
23James Madison: On Nullification, December 1834 (Madison Papers)
...to the like dispositions in the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional, and that the necessary and proper measures will be taken by each for co-operating with this state in maintaining unimpaired the authorities, rights, and liberties reserved in the states respectively or...