'Necessary AND Proper' and 'Cruel AND Unusual': Hendiadys in the Constitution
Constitutional doctrine is often shaped by the details of the constitutional text. Under the Necessary and Proper Clause, the Supreme Court first considers whether a law is “necessary” and then whether it is “proper.” Some justices have urged the same approach for the Cruel and Unusual Punishments Clause: first ask if the punishment is “cruel,” then if it is “unusual.” That each clause has two requirements seems obvious, and it is has been the assumption underlying vast amounts of scholarship. That assumption is incorrect.This Article argues that “necessary and proper” and “cruel and unusual” are best read as instances of hendiadys. Hendiadys is a figure of speech in which two terms, separated by a conjunction, work together as a single complex expression. It is found in many languages, including English: e.g., “rise and shine,” “nice and fat,” “cakes and ale,” “open and notorious.” When “cruel and unusual” is read as a hendiadys, the clause does not prohibit punishments that merely happen to be both cruel and unusual. Rather, it prohibits punishments that are unusually cruel, i.e., innovative in their cruelty. If “necessary and proper” is read as a hendiadys, then the terms are not separate requirements for congressional action. The word “necessary” requires a close relationship between a statute and the constitutional power it is carrying into execution, while “proper” instructs us not to interpret “necessary” in its strictest sense. “Proper” also reminds us that the incidental power Congress is exercising must belong to an enumerated power.To read each of these constitutional phrases as a hendiadys, though seemingly novel, actually aligns closely with the early interpretations, including the interpretation of the Necessary and Proper Clause in McCulloch v. Maryland. The readings offered here solve a number of puzzles, and they better capture the subtlety of these clauses.
The Original Meaning of the Necessary and Proper Clause
This article presents evidence of the original public meaning of the Necessary and Proper Clause. I show that the meanings of "necessary" we have inherited from John Marshall's discussion in McCulloch v. Maryland - a choice between "indispensably requisite" on the one hand and mere "convenience" on the other - is undercut by the available evidence. The truth lies somewhere in between. While these findings will, of course, be of interest to originalists, they should also interest the many constitutional scholars who consider original meaning to be one among several legitimate modes of constitutional analysis, as well as those scholars for whom original meaning is the starting point of a process in which it is "translated" into modern terms. By either account, it is important to get the original meaning right, even if it is not alone dispositive of today's cases and controversies. This is the companion to two previous articles - "The Original Meaning of the Commerce Clause" 68 U. Chi. L. Rev. 101(2002) and "New Evidence on the Original Meaning of the Commerce Clause" 55 U. Ark. L. Rev. 847 (2003) - in which I presented evidence of the public meaning of Congress's power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." To determine the constitutionality of any particular legislation and evaluate judicial applications of the Commerce Clause, however, we must also consider the meaning of the Necessary and Proper Clause. For the expansive post-New Deal reading of congressional power owes as much to the Supreme Court's interpretation of the Necessary and Proper Clause as it does to its expansive reading of the Commerce Clause.
Development of polyamide curable modified epoxy novolac resins with improved adhesion and chemical resistance
Purpose – To prepare modified epoxy resins from resorcinol, cresol and phenol for improved adhesion and chemical resistance. To evaluate the properties of such modified epoxy resins.Design/methodology/approach – Epoxy novolac resins (ENRs) were synthesised by condensing epichlorohydrin with novolacs based on different types of substituted phenols for improving adhesion and chemical resistance. Various compositions were made by incorporating different proportions of polyamide resin. The chemical and adhesive strengths of the conventional epoxy and the modified epoxy resins were characterised.Findings – The modified ENR using substituted phenols showed significant enhancement of chemical and adhesive strengths over the conventional DGEBA resin. The modified ENR had an increased number of glycidyl groups (thus increased functionality) of resin, which was responsible for improved chemical and adhesive strengths over the conventional DGEBA resin.Research limitations/implications – The EPN resins used in the pr...