Ted Cruz’s Necessary and Proper Proposal

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February 10, 2016 by JImbo

This is everything the Federal Government is allowed to do in the US Constitution.

You can try to argue that this just says “Legislative Branch”, but it specifically says in the Constitution in those sections that their job is to enforce the will of the Legislature, which is the will of the People. These are RESPONSIBILITIES, not laws. Laws define how to do something.

As listed in Clause 18, the only laws that can be made MUST be related to the execution of the responsibilities in this article. So, you can pass a law describing how to organize the Navy. That is clearly a duty in Clause 13. However, there is no mention of “Social Security” or “Department of Education.” Those are specifically left to the STATES to figure out.

The statists (in both parties but more the Democrat than Republican) are going crazy about Ted Cruz’s Plan to Abolish Five Federal Agencies, but he’s right.

Of the five agencies mentioned (Education, Commerce, Energy, IRS and HUD) only  two are remotely in the Constitution as a power of Congress.

Commerce is mentioned, but not in the way it is currently being used. There is NO power to regulate internal commerce. The key is international and nationwide commerce, not neighbourhood milk and  mom and pop stores.

Besides, we already have a Transportation Dep, a Dept of the Interior and a Dept of Agriculture that do that. How many people need to do the same thing?

Likewise with the IRS… the “Internal Revenue Service” will be unnecessary since we ALREADY have a Treasury Dept.  Besides, Cruz supports a flat 10% tax to replace ALL the existing 17,000 page tax code. The whole reason the Treasury wasn’t doing it was because there is a 17,000 page tax code to worry about.

If the tax code is ONE page… ie “Everyone and every business pays 10%… period” then there is no need for the IRS. The Treasury can easily handle it.. as it did for the first 125 years of our country. So, those departments are not needed to run the country.

Those other departments (Education, Energy and HUD) are NOT IN THE CONSTITUTION.

At all.

They are not Federal duties.

Those are STATE responsibilities.

There is also no mention of gay marriage…or ANY marriage.

Not a Federal responsibility.

There is no mention of the EPA.

Saving the turtles is not a Federal responsibility.

It doesn’t say “create jobs.”

It doesn’t say “pay for school.”

It doesn’t say “feed the poor.”

Again, those are STATE roles.

In a nutshell, if it’s not about Defense, Trade, Immigration or Taxes (to fund defense and trade) then it’s not a job for the Federal government.

Article I – The Legislative Branch
Section 8

Clause 1:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Clause 2:

To borrow Money on the credit of the United States;

Clause 3:

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Clause 4:

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Clause 5:

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Clause 6:

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Clause 7:

To establish Post Offices and post Roads;

Clause 8:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Clause 9:

To constitute Tribunals inferior to the supreme Court;

Clause 10:

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Clause 11:

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Clause 12:

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Clause 13:

To provide and maintain a Navy;

Clause 14:

To make Rules for the Government and Regulation of the land and naval Forces;

Clause 15:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Clause 16:

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Clause 17:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

Clause 18:

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, or in any Department or Officer thereof.

Article 1, Section 8 of the US Constitution

Where the statists go wrong is that they see only the first half of Clause 18 and rush off to push for “every law necessary and proper.” And of course EVERYTHING they want is “NECESSARY!”

The problem is they don’t read the second half where it says Federal laws are ONLY for the “execution of the foregoing powers.” if it’s not in the list, Congress CAN’T make a law about it.


The majority of our budget is spent on things which are neither “necessary” nor “proper.” In fact, since every Federal law is based on the Constitution… they’re note technically LEGAL!

Update: To be fair, there are actually SIX agencies he wants to abolish. He already said the EPA has no constitutional basis and he’s 100% correct. Add that to the list.

Now, in addition to eliminating illegal agencies it also saves money!

Dept of Commerce         $9 billion

Dept of Education            $69 billion

Dept of Energy                  $14 billion

Dept of EPA                        $8 billion

HUD                                       $32 billion

IRS                                          $11 billion

$143 billion a year in savings

Divided across about 140 million taxpayers… let’s say a nice $1,000 in savings for each taxpayer on average. Will you miss any of those agencies?


You will not.

They and others are entirely redundant.

Now the only worry is what those thousands and thousands of useless Federal bureaucrats will do for a living now that they don’t have cushy desk jobs sucking up our tax dollars shuffling paper around.



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