Ep. 40: U.S. Constitution - Article I, Section 10 - Limits on State Powers

In this episode, Jason continues the discussion of the Executive branch. He explains how the process of electing the President of the United States was originally set forth. He also explains how Congress chooses when the presidential electors are appointed by the state legislatures and when they cast their votes in the Electoral College.

In this episode, Jason begins discussing the Executive branch in Article II. He begins with the establishment of the office of President of the United States with its 4 year term and finishes with a discussion about the sole authority state legislatures have in appointing presidential electors. This clause was front and center in the disastrous 2020 presidential election.

In this episode, Jason wraps up the discussion on Article I finishing with Section 10 dealing with the limits to state powers. These limits are to protect individual rights as well as ensure that states do not undermine or work against the powers given to the central government.

In this episode, Jason closes out the discussion of Article I, Section 9 including clauses 4 through 8. Each of these final clauses limits Congress in some way: from preventing direct taxation and taxing exports to preventing the interference of commerce with the states, barring titles of nobility, and ensuring Congress constitutionally authorizes the spending of money BEFORE it is withdrawn from the treasury.

In this episode, Jason explains a few of the "terms of art" that are used in the Constitution in Article I, Section 9: Writ of Habeas Corpus, Bill of Attainder, & ex post facto laws. These terms are all authorities that are specifically denied to Congress with extremely limited exceptions. Tune in to find out why these are part of what Jason calls the Bill of Rights 1.0.

In this episode, Jason breaks down Article I, Section 9, Clause 1 which denied Congress the ability to prohibit the importation and migration of people into America until 1808. He discusses the reasons for this clause and the debates and considerations by opposing sides.

In this episode, Jason goes into great detail about the spending problem facing America and the clause in the Constitution that is being used to justify it. He goes into specific detail about the original intent of the general welfare clause and how the Framers made clear that it does not mean what the enemies of liberty claim it means.

In this episode, Jason discusses one of the most abused clauses in the U.S. Constitution: the Necessary & Proper clause. This clause ensures that Congress has the latitude to pass laws that support the limited authorities granted in the Constitution, but does not expand their authority in any way.

In this episode, Jason continues the discussion about the Enumerated Powers of Congress in Article I, Section 8. Specifically, this episode covers clauses 15 - 17: two of which deal with Congress' power to call forth and govern the state Militias while in service to the U.S. and the other deals with their authority to legislate in Washington D.C. and federal installations.

In this episode, Jason continues the discussion about Article I, Section 8 focusing on clauses 11 - 14. He describes how Congress may declare war, but the President is left to conduct war or repel attacks and invasions. Jason also talks about how the Framers intended to prevent a standing army, but not a standing navy and the reasons why.