The Abuse of Necessary and Proper - Brutus V
In Brutus V an Anti-Federalist author attacks the Constitution’s ability to make any law deemed ‘necessary and proper’ in order to collect taxes.
Brutus V
December 13, 1787
In Brutus V, the anonymous Anti-Federalist returns to discuss the Constitution's taxation powers and the risk it implies for consolidation of the State Governments into a national one.
Brutus acknowledged that even the supporters of the Constitution promoted the idea of a confederation, but the government they came up with removes all power from the States.
In his estimation, money is the lifeblood of a government, and certain aspects of the Constitution will lead to the draining of funds from the States.
Necessary and Proper
Brutus focused on the Preamble of the Constitution coupled with Article 1 Section 8.
Specifically, he took exception to the idea that provisions “for the common defence, and general welfare” allow the Constitution to “lay and collect taxes” using any laws which Congress deem “necessary and proper.”
Yes, the author returns to that old Anti-Federalist staple...the Necessary and Proper Clause.
The Necessary and Proper Clause, in Anti-Federalist minds, was generally too open ended and any law could be claimed as “necessary and proper” no matter how detrimental to the public good it might be.
Taxation
Brutus specified his complaints by proving just how sweeping these new Federal powers will be.
He elaborated on the dozens of situations in which taxes, duties, imposts and excises could be structured to take money from the hands of the people and States.
Brutus furthered his point by returning to the Necessary and Proper clause and pointing out that the number of laws which could be passed are “infinite” and “incomprehensible.”
Though he acknowledged the constitution limits the powers of the Federal Government, Brutus believed these restrictions were meager, saying “some of them improper, some unimportant, and others not easily understood.”
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