Related Citations
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Robert G. Natelson, Federal Land Retention and the Constitution’s Property Clause: The Original Understanding, 76 U. Colo. L. Rev. 327 (2005).
Arguing that “needful” in Military Installments Clause has the same meaning as “necessary” in the Necessary and Proper Clause.
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Gary Lawson, Discretion As Delegation: The “Proper” Understanding of the Nondelegation Doctrine, 73 Geo. Wash. L. Rev. 235 (2005).
Looking across clauses of the Constitution to argue that the Constitution uses “needful” to describe a more lenient means-end requirement and “necessary” to describe a more strict one.
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Robert G. Natelson, The Agency Law Origins of the Necessary and Proper Clause, 55 Case W. Res. L. Rev. 243 (2004).
Arguing that “needful” means “necessary” but not “indispensable.”
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Paul E. McGreal, Saving Article I from Seminole Tribe: A View from the Federalist Papers, 55 S.M.U. L. Rev. 393 (2002).
Describing the Enclave and Needful Buildings Clauses as the only instances in which the Framers abrogated state immunity through an express grant of exclusive federal power.
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David I. Lewittes, Constitutional Separation of War Powers: Protecting Public and Private Liberty, 57 Brook. L. Rev. 1083 (1992).
Describing the reasoning for the state-consent requirement and distinguishing “erecting” forts and other needful buildings from “governing” them.
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C. Perry Patterson, The Relation of the Federal Government to the Territories and the States in Landholding, 28 Tex. L. Rev. 43 (1949).
Reviewing the debates about the Military Installations Clause during the Federal Convention of 1787, including the work of the Committee on Detail.