Escape Hatch

Tell you straight - no intervention
To your face - no deception
You're the biggest fake
That much is true
Had all I can take
Now I'm leaving you
--Eurythmics

The 'Necessary and Proper' clause, along with two other sweeping clauses in Article 1, Section 8 of the Constitution (those being the 'General Welfare' and 'Commerce' clauses), are often evoked by politiciaions to justify increased government intervention. It is currently being cited by bureaucrats as Constitutional justification for health care legislation.

At first glance, these clauses indeed appear to be loopholes that offer license for ever increasing government intervention with Constitutional backing.

Careful reason, however, suggests this a non sequitur.

Had the Framers truly desired to offer politicians this loophole, then why carefully write the rest of the Constitution in a manner that specified and restricted the Federal government's power? Why not just permit the State to expand its scope when it feels that it is 'necessary and proper' to do so?

Clearly the intent of the Framers was limitation, not expansion.

Viewed thru such a lens, the Section 8 clauses lose their influence.