Government Explained [United States]

This episode examines the extent of Congressional authority to regulate abortion following the Dobbs v. Jackson Women’s Health Organization Supreme Court decision. We analyzes three potential constitutional bases for federal abortion legislation: the Commerce Clause, the Spending Clause, and Section 5 of the Fourteenth Amendment, detailing both their potential applications and inherent limitations. We also reviews relevant case law...

This episode examines the U.S. Constitution's Origination Clause, which mandates that all revenue bills originate in the House of Representatives. We analyzes the Clause's interpretation and enforcement by the House, Senate, and Supreme Court, highlighting differing approaches to defining "revenue bills." We explores precedents established through congressional practices like "blue-slipping" and Supreme Court rulings, focusing on k...

This episode details the Classified Information Procedures Act (CIPA), a 1980 law governing the handling of classified information in federal criminal trials. CIPA aims to balance national security with defendants' due process rights by establishing procedures for courts to manage classified evidence admissibility. Key provisions address pretrial conferences, notice requirements for classified information disclosure, in-camera hear...

This episode details the House of Representatives impeachment process, outlining its initiation through various avenues, including resolutions and outside investigations. We describes the three phases of congressional action: initiating an inquiry, conducting a committee investigation culminating in articles of impeachment, and the full House's consideration of these articles. We also explains House procedures for considering the a...

This episode details the Senate's impeachment trial procedures. We explains the established rules, highlighting their origins and evolution, and examines the practical application of those rules in past trials. We covers key stages, including the presentation of articles, organizing the trial, evidence gathering, and the final vote. Finally, we address the roles of the presiding officer and the Senate, clarifying their authority in...

This episode analyzes the Public Debt Clause of the Fourteenth Amendment, exploring its historical context surrounding Civil War debts and its subsequent Supreme Court interpretation in Perry v. United States. We examines contemporary debates regarding the Clause's relevance to the current statutory debt limit, focusing on differing scholarly interpretations of its scope and potential implications for presidential and congressional...

This episode examines the history and legal framework of U.S. presidential emergency powers. IWe traces the evolution of these powers from implied constitutional authority to explicit statutory delegations, highlighting key legislation like the National Emergencies Act of 1976. We detail the procedures for declaring and terminating national emergencies, including congressional oversight and potential limitations. Specific examples ...

This episode examines the complex history of the U.S. "Declare War" Clause, focusing on presidential actions in Vietnam and subsequent conflicts. We analyzes the legal justifications used by various presidents for military interventions without explicit congressional declarations of war, highlighting differing interpretations of the President's inherent powers versus Congress's power to declare war. Key events discussed include the...

This episode examines the complex history of the U.S. "Declare War" Clause, focusing on the Cold War and Korean War eras. We analyzes how these conflicts challenged traditional understandings of congressional war powers versus presidential authority as Commander-in-Chief. We also highlights the debates surrounding troop deployments in Europe and the Korean War's justification, referencing relevant Supreme Court cases. Furthermore, ...

This episode examines the evolution of the U.S. government's interpretation of the Declare War Clause in the Constitution, focusing on the Spanish-American War, World War I, and World War II. We covers the differing language used in declarations of war and the resulting Supreme Court cases concerning presidential and congressional war powers. Key Supreme Court decisions regarding wartime economic controls, property seizures, and th...

This episode examines the legal complexities surrounding the U.S. Constitution's Declare War Clause, specifically focusing on its application during the Civil War. We analyzes key Supreme Court cases, such as The Prize Cases, Hamilton v. Dillin, Miller v. United States, and Ex parte Milligan, which addressed the balance of war powers between the executive and legislative branches. These cases involved challenges to President Lincol...

This episode examines the Supreme Court's jurisprudence on the Declare War Clause of the U.S. Constitution, focusing on early American conflicts. We explores key cases from the Quasi-War with France, the War of 1812, and the Mexican War, highlighting how judicial interpretations shaped the understanding of war powers. We cover the Court's reluctance to directly address interbranch disputes over initiating military action and reveal...

This episode report examines the constitutional debate surrounding the power to initiate military action. We focus on the "Declare War Clause," analyzing differing interpretations of Congressional versus Presidential authority. We explores historical practices, including the shift from formal declarations of war to authorizations for the use of military force. We also highlights contrasting scholarly viewpoints and the executive an...

This episode examines the historical evolution of the Declare War Clause in the U.S. Constitution. It traces the power to declare war from the British monarchy to the colonial period and the Articles of Confederation, highlighting debates during the Constitutional Convention regarding the clause's wording and placement within the separated branches of government. We analyzes the ratification debates, focusing on Federalist and Anti...

This is the first in an eight-part series examining the Declare War Clause of the U.S. Constitution. It explores the complex and evolving interpretation of this clause, focusing on the division of war powers between Congress and the President. We will detail the historical context, relevant Supreme Court cases, and the practical application of the clause throughout U.S. history, including the use of declarations of war and authoriz...

This episode examines the Biden administration's revised proclamation and final rule on border security, implemented in October 2024. The rule aims to address record-high migrant encounters at the Southwest border by restricting asylum eligibility and modifying the criteria for lifting the entry suspension. Key changes include increasing the required consecutive days of reduced encounters before lifting the suspension and altering ...

We will be explaining the Constitutional-Doubt Canon, a Supreme Court doctrine that prioritizes interpreting statutes to avoid constitutional conflicts. The Canon encourages courts to find constitutionally sound interpretations even if not the most obvious reading of the law. This approach allows for Congressional amendment if the Court's interpretation is deemed inappropriate, promoting a more collaborative process between the bra...