In Part Two of the Constitution Under Siege, Mike Winther discusses the foundational principles of the American system. He explores the seventh foundation principle: the sovereignty of the states. Mike explains how the states created the federal government, not the other way around, and emphasizes the importance of state control in selecting the president and the Senate.
He also talks about the idea of government authority in America. He highlights the importance of decentralizing power to combat corruption and potential loopholes in the Constitution. He also explores the three main views on interpreting the Constitution, including the living document view, original intent view, and exact meaning of the text view. He also talks about understanding the necessary and proper clause and how it relates to the enumerated powers.
You'll Learn:
[01:29] Government authority in America starts with the states, which delegate authority to cities and counties.
[02:48] Powers that were once at the state level have been moved to the federal level, and now even federal powers are being moved to an international level.
[03:11] Satan always wants to centralize government institutions. Satan is at a strategic disadvantage to God because he is not omnipresent.
[04:31] Satan can overcome his lack of omnipresence by centralizing human institutions and influencing the top of the organizational chart.
[05:18] Strategically, Satan always wants to centralize human institutions, while God is a decentralizer.
[06:21] Whenever you see centralization of human institutions, be very skeptical because it gives Satan more influence and it is also bad because of the sin nature of man.
[06:49] The sin nature of man makes leaders want to centralize power, leading to more corruption. Decentralizing government and separating power can help combat corruption.
[08:33] There are different methods of interpreting the Constitution, just as there are different methods of interpreting the Bible. Understanding these methods can help us better understand the Constitution.
[08:59] The living breathing document view of the Constitution.
[09:05] The belief that the Constitution needs to be modified and improved as society changes
[09:23] The evolutionary view of societal and legal evolution.
[10:18] The lack of absolute right and wrong in an evolutionary world.
[10:34] The belief that what was wrong yesterday could be right today in a constantly evolving society.
[11:18] The evolution of the Constitution happened in the judicial branch.
[11:22] Judges believe it's their job to modernize the Constitution and update it, even if it means going against the letter of the law.
[13:33] Evolutionary thinking filters into every area of society, including the law and how judges interpret the Constitution.
[14:39] There are three main views on interpreting the Constitution: the living document view, the original intent view, and the exact meaning of the text view.
[15:48] Scalia's view on interpreting the law, complied with the formula Mike had been teaching for over 20 years.
[16:21] Mike outlines his three-step formula for interpreting the law. 1. What do the words say? 2. What is the original intent? 3. Has there been a precedent set?
[19:14] The Constitution is designed to contain the fire of government, but there are constitutional loopholes that allow the fire to get out of the container.
[21:31] The necessary and proper clause, found in Article 1, Section 8 of the Constitution, is a potential loophole clause that is often misunderstood and misinterpreted. It allows Congress to make all laws necessary and proper for carrying out its powers.
[22:38] The Constitution has a document of enumerated powers, and most of the federal powers are listed in Article 1, Section 8.
[25:08] The necessary and proper clause in the Constitution only allows Congress to make laws that are necessary and proper for carrying into execution the enumerated powers, and nothing more. This clause does not grant additional power to the federal government.
