Question

memorandum #1: edmund randolph to george washington (1791) february 12, 1791 the attorney general of the united states in obedience to the order of the president of the united states, has had under consideration the bill, entitled an act to incorporate the subscribers to the bank of the united states, and reports on it, in point of constitutionality, as follows... the general qualities of the federal government, independent of the constitution and the specified powers, being thus insufficient to uphold the incorporation of a bank, we come to the last enquiry, which has been already anticipated, whether it a national bank be sanctified by the power to make all laws which shall be necessary and proper for carrying into execution the powers vested by the constitution. to be necessary is to be incidental, or in other words may be denominated the natural means of executing a power. the phrase, and proper, if it has any meaning, does not enlarge the powers of congress, but rather restricts them. for no power is to be assumed under the general clause but such as is not only necessary but proper, or perhaps expedient also. ...however, let it be propounded as an eternal question to those who build new powers on this clause, whether the latitude of construction which they arrogate will not terminate in an unlimited power in congress? in every aspect therefore under which the attorney general can view the act, so far as it incorporates the bank, he is bound to declare his opinion to be against its constitutionality. 1. according to randolphs reasoning, how should the word, necessary be defined? 2. in your own words, explain randolphs view that the phrase, and proper, if it has any meaning, does not enlarge the powers of congress, but rather restricts them.

Explanation:

1. According to the text, Randolph defines "necessary" as incidental or the natural means of executing a power.
2. Randolph believes that the "and proper" phrase in the Constitution does not give Congress additional powers. Instead, it sets a standard that for a power to be assumed under the general - clause, it must not only be necessary but also proper or expedient. This restricts Congress from taking on any power they might otherwise claim under the guise of the necessary and proper clause.

Answer:

1. Incidental or the natural means of executing a power.
2. The "and proper" phrase does not expand Congress's powers but sets a stricter standard for what powers can be assumed, thus restricting them.