Changes

We’ve had two lectures and two homework assignments covering the [[U.S. Constitution]].  At this point, you know more about the [[Constitution]] than 99% of the public.  You probably know more about the [[Constitution]] than most of our [[politician]]s!

We’ve had two lectures and two homework assignments covering the [[U.S. Constitution]].  At this point, you know more about the [[Constitution]] than 99% of the public.  You probably know more about the [[Constitution]] than most of our [[politician]]s!

Why do people know so little about the [[Constitution]]?  Because there are [[politics|political]] reasons not to teach or talk about the [[Constitution]].  The [[Constitution]] imposes limits on [[government]] power.  It stands in the way of [[globalism]].  It ensures accountability.  Above all, the Constitution reduces the power of elected officials and the [[media]].  There is also nothing newsworthy about the [[Constitution]].  You never see the [[Constitution]] on the evening news, or a picture of a [[president]] or [[congressman]] reading it.

Why do people know so little about the [[Constitution]]?  Because there are [[politics|political]] reasons not to teach or talk about the [[Constitution]].  The [[Constitution]] imposes limits on [[government]] [[power]].  It stands in the way of [[globalism]].  It ensures accountability.  Above all, the Constitution reduces the [[power]] of elected officials and the [[media]].  There is also nothing newsworthy about the [[Constitution]].  You never see the [[Constitution]] on the evening news, or a picture of a [[president]] or [[congressman]] reading it.

Even law school students fail to learn the [[Constitution]].  They enormous time and money on law school, but at the end do not know much more about the [[Constitution]] than when they started.  But one-quarter of the bar exam, which everyone must pass in order to practice law, is on the [[Constitution]].  Those who do learn the [[Constitution]] have an enormous advantage.

Even law school students fail to learn the [[Constitution]].  They spend enormous time and money on law school, but at the end do not know much more about the [[Constitution]] than when they started.  But one-quarter of the bar exam, which everyone must pass in order to practice law, is on the [[Constitution]].  Those who do learn the [[Constitution]] have an enormous advantage.

Knowing the [[Constitution]] helps non-[[lawyer]]s also.  Almost everything today implicates [[constitution]]al issues.  What are your rights if you’re told you cannot chop down a tree on your property?  Or if you are in a car that is stopped by the police?  Or if want to stage a protest against something government is doing?  Learn the [[Constitution]] once, use it for a lifetime.  It’s the law of our land.

Knowing the [[Constitution]] helps non-[[lawyer]]s also.  Almost everything today implicates [[constitution]]al issues.  What are your rights if you’re told you cannot chop down a tree on your property?  Or if you are in a car that is stopped by the police?  Or if want to stage a protest against something [[government]] is doing?  Learn the [[Constitution]] once, use it for a lifetime.  It’s the law of our land.

'''II.  Why is the Constitution so Successful?'''

'''II.  Why is the Constitution so Successful?'''

1.  It was the product of [[prayer]] and the religious spirit that pervaded the colonies.

1.  It was the product of [[prayer]] and the religious spirit that pervaded the colonies.

2.  It was supervised by [[George Washington]], a completely selfless leader.  His refusal to seek power or control required everyone else to act likewise.

2.  It was supervised by [[George Washington]], a completely selfless leader.  His refusal to seek [[power]] or control required everyone else to act likewise.

3.  It embraced rule of [[law]] rather than rule by [[man]], rejecting all forms of [[nobility]] and rejecting even a special title for the [[president]].

3.  It embraced rule of [[law]] rather than rule by [[man]], rejecting all forms of [[nobility]] and rejecting even a special title for the [[president]].

Why?  To minimize problems of interpretation.  Blackstone’s language forbids a second [[trial]] regardless of the outcome of the first.  Protection against double jeopardy guards against multiple punitive ordeals, not just successive punishments.

Why?  To minimize problems of interpretation.  Blackstone’s language forbids a second [[trial]] regardless of the outcome of the first.  Protection against double jeopardy guards against multiple punitive ordeals, not just successive punishments.

But ambiguities still remain.  The federal government, for example, asserts the power to prosecute someone who was acquitted in [[state]] [[court]] for the same crime.  The theory is that the federal government is a sovereign different from the state government, and thus can act independently.

But ambiguities still remain.  The [[federal]] [[government]], for example, asserts the [[power]] to prosecute someone who was acquitted in [[state]] [[court]] for the same crime.  The theory is that the [[federal]] [[government]] is a sovereign different from the state [[government]], and thus can act independently.

Let’s turn to the [[Second Amendment]]: “A well regulated [[Militia]], being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Let’s turn to the [[Second Amendment]]: “A well regulated [[Militia]], being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

'''V.  Congressional Powers'''

'''V.  Congressional Powers'''

Now we turn to [[Congress]], beginning with the powers that the [[Constitution]] gives it.

Now we turn to [[Congress]], beginning with the [[power]]s that the [[Constitution]] gives it.

[[Tax]]ing Power: [[Congress]] can [[tax]] either to raise revenue or to regulate an activity.  Some [[tax]]es are designed to discourage sales, such as taxes on [[gasoline]] and [[cigarette]]s.  Neither [[Congress]] nor the [[state]]s can [[tax]] exports.

[[Tax]]ing [[Power]]: [[Congress]] can [[tax]] either to raise revenue or to regulate an activity.  Some [[tax]]es are designed to discourage sales, such as taxes on [[gasoline]] and [[cigarette]]s.  Neither [[Congress]] nor the [[state]]s can [[tax]] exports.

Spending Power: [[Congress]] can spend money on any public purpose.  Virtually any spending can be considered “for the common defense and general welfare.”  However, [[Congress]] may not regulate the general welfare independent of spending.

Spending [[Power]]: [[Congress]] can spend money on any public purpose.  Virtually any spending can be considered “for the common defense and general welfare.”  However, [[Congress]] may not regulate the general welfare independent of spending.

[[Commerce]] Power: [[Congress]] has exclusive power to regulate all interstate and foreign [[commerce]].  [[Congress]] may regulate any activity that has an effect on interstate [[commerce]].

[[Commerce]] [[Power]]: [[Congress]] has exclusive [[power]] to regulate all interstate and foreign [[commerce]].  [[Congress]] may regulate any activity that has an effect on interstate [[commerce]].

[[War]] Powers: [[Congress]] alone declares [[war]] and establishes and supports the [[military]].  [[Congress]] may also make rules for [[military]] courts, over which federal courts have no general authority.  Congress can impose economic regulations (e.g., controls on wages and prices of goods) during wartime.

[[War]] [[Power]]s: [[Congress]] alone declares [[war]] and establishes and supports the [[military]].  [[Congress]] may also make rules for [[military]] courts, over which [[federal]] courts have no general authority.  Congress can impose economic regulations (e.g., controls on wages and prices of goods) during wartime.

Property Power: [[Congress]] has exclusive power over all federal lands and property, of which there is a great deal.  [[Congress]] also runs the [[District of Columbia]], which is not in any state.

Property [[Power]]: [[Congress]] has exclusive [[power]] over all [[federal]] lands and property, of which there is a great deal.  [[Congress]] also runs the [[District of Columbia]], which is not in any state.

Intellectual Property Power: [[Congress]] sets the laws for [[patent]]s, [[copyright]]s and [[trademark]]s, which are called “[[intellectual property]]” because they are abstract products of intelligence rather than physical property.

Intellectual Property [[Power]]: [[Congress]] sets the laws for [[patent]]s, [[copyright]]s and [[trademark]]s, which are called “[[intellectual property]]” because they are abstract products of intelligence rather than physical property.

Bankruptcy Power: [[Congress]] establishes uniform [[bankrupt]]cy laws for the [[nation]].

Bankruptcy [[Power]]: [[Congress]] establishes uniform [[bankrupt]]cy laws for the [[nation]].

Postal Power: [[Congress]] establishes and runs the [[U.S. Post Office]].  No competition is allowed unless [[Congress]] agrees to it (as it did for expensive overnight services like [[Federal Express]])

Postal [[Power]]: [[Congress]] establishes and runs the [[U.S. Post Office]].  No competition is allowed unless [[Congress]] agrees to it (as it did for expensive overnight services like [[Federal Express]])

Money Power: [[Congress]] coins [[money]] and also sets standards for [[weight]]s and measures.

Money [[Power]]: [[Congress]] coins [[money]] and also sets standards for [[weight]]s and measures.

[[Citizen]]ship Power: [[Congress]] can exclude [[alien]]s and determine the procedures for people to become [[citizen]]s.

[[Citizen]]ship [[Power]]: [[Congress]] can exclude [[alien]]s and determine the procedures for people to become [[citizen]]s.

Admiralty Power: [[Congress]] sets the [[law]]s for the [[sea]]s.

Admiralty [[Power]]: [[Congress]] sets the [[law]]s for the [[sea]]s.

What’s left?  [[Congress]] can also expand its authority under these powers with the “[[Necessary and Proper Clause]],” also known as the “[[Elastic Clause]].”  [[Congress]] can make any law that is proper for executing any power granted to any part of government, not just [[Congress]].  But there must be an underlying, specific grant of power in addition to the [[Necessary and Proper Clause]].  For example, [[Congress]] could not pass laws establishing local police departments because there is no grant of power to the federal [[government]] in that area.

What’s left?  [[Congress]] can also expand its authority under these [[power]]s with the “[[Necessary and Proper Clause]],” also known as the “[[Elastic Clause]].”  [[Congress]] can make any law that is proper for executing any [[power]] granted to any part of [[government]], not just [[Congress]].  But there must be an underlying, specific grant of [[power]] in addition to the [[Necessary and Proper Clause]].  For example, [[Congress]] could not pass laws establishing local police departments because there is no grant of [[power]] to the [[federal]] [[government]] in that area.

'''VI.  How Laws are Made'''

'''VI.  How Laws are Made'''

The basic process for passing federal [[law]] is as follows: A committee in the [[House of Representatives]] drafts a new statute.  If the committee approves the [[bill]], then it is sent to the [[House Rules Committee]], which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] committee approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 votes are necessary to end a [[filibuster]] and force a final vote.   

The basic process for passing [[federal]] [[law]] is as follows: A committee in the [[House of Representatives]] drafts a new statute.  If the committee approves the [[bill]], then it is sent to the [[House Rules Committee]], which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] committee approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 votes are necessary to end a [[filibuster]] and force a final vote.   

If it passes the [[Senate]], then it is compared to the House version.  If they were identical, then it proceeds directly to the [[president]] for approval or rejection.  But if the House and [[Senate]] versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and [[Senate]].  If the revised version is approved by both the House and [[Senate]], it then goes to the [[president]].

If it passes the [[Senate]], then it is compared to the House version.  If they were identical, then it proceeds directly to the [[president]] for approval or rejection.  But if the House and [[Senate]] versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and [[Senate]].  If the revised version is approved by both the House and [[Senate]], it then goes to the [[president]].

'''VIII. Issues'''

'''VIII. Issues'''

1. The controversy arose when the federal government established a “do not call list” and prohibit companies from calling numbers on the list.  [[Congress]], [[Senate]], the [[President]], and apparently a majority of the public felt strongly that this is desirable and [[constitution]]al.  Many people are tired of being interrupted during dinner by a [[telemarketer]] calling to solicit business.  What do you think?  What about free speech and free enterprise?

1. The controversy arose when the [[federal]] [[government]] established a “do not call list” and prohibit companies from calling numbers on the list.  [[Congress]], [[Senate]], the [[President]], and apparently a majority of the public felt strongly that this is desirable and [[constitution]]al.  Many people are tired of being interrupted during dinner by a [[telemarketer]] calling to solicit business.  What do you think?  What about free speech and free enterprise?

2. A similar issue arose with respect to door-to-door salesmen.  Some towns, to monitor these salesmen, require them to register.  A religious group objected to the registration requirement.  Your view?

2. A similar issue arose with respect to door-to-door salesmen.  Some towns, to monitor these salesmen, require them to register.  A religious group objected to the registration requirement.  Your view?

3. Currently there is no law protecting the builders of unoriginal databases, like listings of names in a phone book, against unauthorized copying.  You could copy someone else’s phone book and sell the listing for your own profit.  Is that fair?  [[Congress]] is proposing a law to prevent the copying of someone else’s database.  What [[clause]] might give [[Congress]] this power?  Would you support such a [[bill]]?

3. Currently there is no law protecting the builders of unoriginal databases, like listings of names in a phone book, against unauthorized copying.  You could copy someone else’s phone book and sell the listing for your own profit.  Is that fair?  [[Congress]] is proposing a law to prevent the copying of someone else’s database.  What [[clause]] might give [[Congress]] this [[power]]?  Would you support such a [[bill]]?