Archive for the ' article i section 8' Category

Joe Biden has spent almost 50 years in Washington, D.C. and, prior to that, a handful of years practicing law. He is the personification of a career politician. Personally I find him unimpressive, uninspiring and unaccomplished despite his longevity in D.C.

In this episode we will examine his voting record, his ideas, his propensity to be a bully, a compulsive liar and a gaffe machine. We also review the history of corruption among the Biden family and discuss the obvious lapse in his mental health.  

Show Notes

Joe Biden's Sister Valerie Sent Millions of Joe's Campaign Dollars to her own Consulting Firm

Eight Things Biden Family's Culture of Corruption

Joe Biden Gaffes, Quotes 2020 Election

James Biden Healthcare Ventures

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In Episode #87, I introduced you to the concept of secession. We reviewed current and past secession movements and offered three reasons it is necessary AND good - decentralization, self-determination and competition. In this episode, I discuss the fourth reason secession is desirable - the idea that smaller is better. After that, we will discuss how secession is justified and I will do my best to dispel the most common objections to the concept of secession.

Show Notes:

American Secession: The Looming Threat of a National Breakup, F.H. Buckley

Mises Institute:

Tom Woods Podcast:

The Brion McClanhan Show:

Secession is for Morons

Secession is a Solution for Deep Political Division

Ron Paul: Thoughts on Secession

Credit Suisse: The Success of Small Countries

Greater Idaho Conservatives Oregon want 22 Rural Counties Secede and Become Part Idaho

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The “S” word - secession - seems to be brought up with more and more frequency lately. Most recently we have seen counties in rural Virginia exploring the possibility of seceding from the state and joining West Virginia. We are seeing similar movements in Northern California and rural counties in Oregon. While those are wonderful developments, the larger question regarding secession is the idea of entire states seceding from the United States and essentially establish their own nation.

The idea of state secession picks up steam with every passing year as the federal government - the Executive, Legislative and Judicial branches AND the federal bureaucracy - continues to enlarge its power base well beyond its enumerated powers in the Constitution.

In this episode, I will introduce you to the concept of secession, discuss some of the current and past secession movements and walk you through three reasons why secession is not only desirable but necessary. In Episode #88 we will discuss how secession is justified and rebut most of the arguments against it.

Show Notes:

American Secession: The Looming Threat of a National Breakup, F.H. Buckley

Mises Institute:

Tom Woods Podcast:

The Brion McClanhan Show:

Secession is for Morons

Secession is a Solution for Deep Political Division

Ron Paul: Thoughts on Secession

Credit Suisse: The Success of Small Countries

Greater Idaho Conservatives Oregon want 22 Rural Counties Secede and Become Part Idaho

Truth Quest Podcast:

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Following the killing of Iranian General Qasem Soleimani (as discussed in the previous Episode #81), national Democrats insisted that Trump violated the War Powers Act of 1973 and passed a non-binding resolution in the House condemning the strike. 

In that episode I spent a lot of time examining America’s penchant for perpetual war. As discussed, the list of American intervention overseas is quite remarkable:Hawaii, Cuba, Puerto Rico, Nicaragua, Honduras, Guatemala, Grenada, Panama, Yugoslavia, the Korean Peninsula, the Philippines, Vietnam, Chile, Egypt, Kosovo, Somalia, Congo, currently we are involved in Iraq, Afghanistan, Syria and Yemen. 

In this episode, I want to turn our attention away from WHERE the U.S. military has been (or are currently) to focus on the HOW.  How is the United States war-making capabilities supposed to be carried out or applied?

You may be surprised (or not) to know that the Constitution's dictates around the involvement of our military has largely been ignored for the last 78 years.  

Show Notes:

Is the War Powers Act Constitutional 

David Rivkin and Lee Casey on the House War Powers Resolution

The Constitution - Article II

Is the Presidency too Attractive

Obama Admits Libya was his Worst Mistake but for all the Wrong Reasons

The Useless War Powers Act

Truth Quest Podcast - Episode #68 - The Truth About Impeachment

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When you hear discussions about the Constitution and the Founding Fathers, you are likely hearing about the majority group who supported the new Constitution called the Federalists. However, there was another group of prophetic founders who opposed the Constitution as written for a variety of reasons who were equally important. They are called the Anti-Federalists. These forgotten founders warned about the inevitable growth in size, scope and power of the federal government - especially the judiciary - all at the expense of the individual states.

Evidence of their accurate predictions can be seen virtually everyday in the national news.

Show Notes

The Anti-Federalists Were Right

Prophetic Anti-Federalists

The Anti-Federalists Were Eerily Prophetic

The Letters of Centinel Attacks on the U.S. Constitution 1787-1788 by Samuel Brya

Brion McClanahan Podcast Episode 63

Anti-Federalists: Federalists and State Sovereignty

The Complete Anti-Federalist edited by Herbert J. Storing

Brion McClanahan Episode 281 - The Anti-Federalist

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What would you say if I told you the federal income tax is unconstitutional? You most likely would say, "How can that be? I thought we have a constitutional amendment that covers the income tax?"

In this episode we are going to examine a perspective that you’ve likely never heard before and look at the truth about the federal income tax and the Sixteenth Amendment. You may be surprised to know that the manner in which the federal income tax is levied may not be in compliance with the Sixteenth Amendment nor with Supreme Court opinions on income tax cases.

Show Notes

The Great Income Tax Hoax – Irvin Schiff

Two Negative Consequences of the Income Tax – Daniel J. Mitchell

Is Today the Anniversary of the Income Tax the Worse Day in American History

Prior to 1913 No One Paid Income Tax - Why Now?

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When I evaluated the wealth tax I found that, besides the fact that they have been proven to be ineffective, ignore the laws of economics, require us to ignore the track record of the federal government and besides the fact that they are immoral and unconstitutional and their implementation would be stupid, short-cited, punitive, impractical, unnecessary, and a violation of privacy, I see no problem with them.

Show Notes:

Fair Comprehensive Tax Reform is the Right Path - Larry Summers

The Destructive Economics of Wealth Taxation

Warren Wealth Tax Weighs on Democrats

Why a Wealth Tax Can't Solve Our Problems

Peter Schiff Show - Episode #439

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In the last two episodes, I introduced or re-introduced you to The Federalist Papers and discussed some of the checks and balances in the Constitution - the legislative and executive branches of government. Today we are going to discuss, as Paul Harvey used to say, “The rest of the story!” – the Judicial branch, States Rights, taxation, the military, and a brief look at the Necessary and Proper and Supremacy clauses of the Constitution. 

Show Notes: 

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The Federalist Papers were written and published in New York newspapers in 1787-1788 in order to sway public opinion to approve and ratify the newly devised United States Constitution. The essays were written by three prominent members of the founding generation - Alexander Hamilton, James Madison, and John Jay.

I consider these essays the user’s guide for the Constitution and, therefore, deserve at least a perfunctory understanding. Short of reading the debates from the constitutional convention and the state ratification debates, the Federalist Papers provide some of the best insights into the United States Constitution.

In this episode, we will cover 25-26 essays - those covering the topics of the weaknesses of the Articles of Confederation, the arguments for a stronger centralized government and the system of checks and balances devised by the Constitution. In the next episode we will cover the Executive and Legislative branches followed by an episode that covers everything else - the judiciary, taxation, states’ rights and a few important miscellaneous musings.  

Show Notes:

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As most of you probably remember from your middle school civics' class, the first ten amendments of the United States Constitution are known as the Bill of Rights. What you probably do NOT know is those amendments only apply to the federal government. They were included in the Constitution as a way to insure the states that this newly created federal government would be limited in power. They would not be able to infringe upon the people's freedom of speech or their right to bear arms; they would not be able to quarter their soldiers in our homes, perform unreasonable search and seizures without probable cause, prosecute us without a speedy jury trial or impose excessive fines. But most importantly, the Tenth Amendment specifically states that any powers not granted to the federal government (mostly in Article I, Section 8) is left to the states.

Fast-forward a few decades later as the Civil War ended and the slaves were freed. Congress passed and the states ratified the Fourteenth Amendment in order to permanently codify the Civil Rights Act of 1866, which essentially insured that the newly freed slaves were treated equally under the law. It contained a few familiar phrases like, "privileges or immunities", "due process", and "equal protection". 

Unfortunately for all of us, over the ensuing 150 years the Supreme Court, as it is apt to do, has perverted the Constitution (rather than protect and defend it) and found ways to apply the Bill of Rights to the states. This is known as the Incorporation Doctrine.

Show Notes:

The American Ideology, Brian Vanyo

Power Divided is Power Checked, Jason Lewis

Government by Judiciary: the Transformation of the Fourteenth Amendment, Raoul Berger

Founders Constitution - University of Chicago

What is Incorporation? Brion McClanahan Show - Episode #247

The Tenth Amendment Center                                                                   

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In the previous episode, #27 The Truth About the Federal Reserve – An Introduction, I laid the groundwork for this episode. So now that you know what the Fed is, why it was created and how it creates money, let’s look at the results of the last 100+ years since this monstrosity was created.

We will discuss the constitutionality of the Fed, how it creates inflation, its impact on savers and people on fixed incomes, malinvestment, bailouts, how it funds the welfare and warfare state, the gold standard, and I conclude the episode with a side-by-side comparison of the current monetary system dominated by the Fed with one without it.

Show Notes:

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Another fiscal year has come and gone and another spending resolution deadline is looming. It seems like every year we go through the same exercise with the political class arguing and casting blame on each other over who is going to cause the latest, pending government shutdown.

Well guess what? It is largely inconsequential. The amount of federal spending that Congress actually controls is around 14% of the budget. So we are supposed to tie ourselves in knots over a minuscule part of the budget while the federal government continues its ever-expanding march into unconstitutional areas of American's lives. It's all an unnecessary distraction from the real problems that plague our nation and it is a distraction from Congress' abdication of most of their constitutional duties.

Show Notes:

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The federal government is not supposed to be this gargantuan entity that is involved in virtually every aspect of our lives. The states created the federal government via the Constitution. They granted the federal government a few powers while all others were left to the states. Unfortunately, modern America's political system is a far cry from the Founder's vision of limited power at the federal level. Fortunately there is a method whereby the power that the federal government tries to wield can be checked. That method is called nullification.

Nullification is the practice whereby states resist federal actions that they deem unconstitutional. In this episode, I introduce you to the concept, dispel quite a few inaccurate assumptions made by mainstream news outlets and so-called historians and provide you with several examples of nullification efforts currently going on today.

I owe a debt of gratitude to Tom Woods and The Tenth Amendment Center who have written extensively on this subject.

Show Notes:

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Do you ever question the amount of time and energy spent fretting about the politics coming out of Washington D.C.? The Founding Fathers never thought that the average American would spend much time pondering the goings-on in D.C. After all, the federal government's power was constitutionally restricted. In this brief episode, I suggest an alternative to our seemingly unending focus on all things D.C.

Show Notes:

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This episode is available on Thinkspot and YouTube.

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Every year the country waits with bated breath over the latest Supreme Court opinions. If we were living true to the Constitution, this would never happen because the Supreme Court is not supreme when it comes to deciding the constitutionality of a law! Think you disagree? Listen to learn the truth about the Supreme Court.

Show Notes:

Tenth Amendment Center published Episode #16

Books:

The Tenth Amendment Center:

The Supreme Court's Job is to Protect Americans from Democracy

Thomas Sowell Explains Wickard v. Filburn

Mises.org:

Why We're Losing Freedom - Prager University

Kris Anne Hall

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In this episode I recount a conversation I had a few months ago with someone in my family. It was a short but wide-ranging discussion mostly about national politics but the actual content is less important than the lessons I drew from it.

Show Notes:

Americans Grapple Recognizing Facts In News Stories

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In America we are living through a perpetual constitutional crisis. The heavy restrictions placed on the federal government by the United States Constitution have been largely ignored for most of the country's history. We have experienced both small and incremental steps in the power and growth of the federal government (federal agencies, bureaucracies and regulations) as well as large and unprecedented leaps (the Alien and Sedition Acts, the internment of Japanese, The Patriot Act, and NSA spying).

In this episode I hope to influence the way you look at the federal government going forward - through the eyes of the Founding Fathers.

As mentioned in previous episodes, questions are powerful methods of persuasion especially when you require skeptics to answer them. In Episode 2, I posed the question "WHAT ABOUT THE BABY?" Today I will pose the question, "WHERE IN THE CONSTITUITON?" This is a question I hope you ask every time you evaluate the actions of our elected and unelected officials in Washington, D.C.

Show Notes:

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