Category Archives: Art 1 Sect 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Art 1 Sec 1 – The Separation of Powers

Some Final Thoughts[1] on Separation of Powers

“Ultimately, both enforcement devices, constitutional oaths and constitutional popularity, presupposed that the Constitution spoke not merely to federal judges, but rather to all branches and ultimately to the people themselves.”[2]

In considering the intention of the Framers with regard to the ToTaL separation of powers, it is easy to presume the doctrine of Judicial Review controls the process of determining any particular laws constitutionality. The argument of Marbury v Madison in 1803 essentially established the doctrine. As we have seen recently in California in the attempted ban on video games and even Prop 8, Judicial Review has become the established manner of ultimately deciding a laws standing under the Constitution. Read the rest of this entry


Broadcast Episodes: The Cargo of the Brig Aurora

The Cargo of the Brig Aurora

Original Airdate: January 24, 2013

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On Saturday, May 26, 1787 the French diplomatic envoy to the Thirteen United States reported via a private memo to Paris that he had reason to believe that if the convention now meeting in Philadelphia failed to produce a strong national government, then a group of former military officers might simply impose one with General George Washington as its “crowned head.”[1] It seemed possible. Read the rest of this entry

Article 1 Sect 1 – Like Parliament, But Not

Patrick Edaburn

On the surface the first clause of Article I would seem to be worthy of only minimal attention and analysis. After all it simply provides that we have a two chambered legislature, what could possibly be worth examining here?

Well, as is often the case the book is much more than the cover might suggest and it is perhaps fitting we begin our review of the Constitution here, by quite literally beginning at the beginning. Read the rest of this entry

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