"What is to be the consequence, in case the
Congress shall misconstrue this part [the necessary and proper clause] of the
Constitution and exercise powers not warranted by its true meaning, I answer
the same as if they should misconstrue or enlarge any other power vested in
them ... the success of the usurpation will depend on the executive and
judiciary departments, which are to expound and give effect to the legislative
acts; and in a last resort a remedy must be obtained from the people, who can
by the elections of more faithful representatives, annul the acts of the
usurpers."
--James Madison, Federalist No. 44, 1788
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