Show Notes

In this episode, Jason continues the discussion about Article I, Section 8 focusing on clauses 8 – 10. He describes how Congress is not authorized to spend money on Arts & Science, but only to provide for securing patents & copyrights. Jason also talks about the sweeping authority Congress has to create federal courts and wraps up with a discussion about the Law of Nations and how it applies to the illegal alien invasion.

• U.S. Constitution, Article I, Section 8, Clause 4 – 7

[8]“[The Congress shall have Power]… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”

[9] “[The Congress shall have Power] … To constitute Tribunals inferior to the supreme Court;”

[10] “[The Congress shall have Power] …To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;”

• Jason’s article “On General Welfare”
• Records of the Federal Convention (see vol 1, vol 2, vol 3).
• Proposal introduced in the Constitutional Convention for clause 8:
  • “To encourage, by proper premiums and provisions, the advancement of useful knowledge and discoveries” (emphasis added)
  • Premium – “Something given to invite a loan or a bargain.” – Samuel Johnson’s Dictionary
  • This proposal, including the public spending, was voted down in the Constitutional Convention.
• Definition of “Constitute” from Samuel Johnson’s Dictionary:
  • “To make a thing what it is or to establish”
• Definition of “Tribunal” from Samuel Johnson’s Dictionary:
  • “a court of justice.”
• Proposal introduced in the Constitutional Convention for clause 10:
  • “To define and punish Piracies and Felonies committed on the high Seas, and punish Offences against the Law of Nations;” [strikethrough added]
  • Removing the word “punish” allowed the verbs “define” and “punish” to operate on the “offenses against the “Law of Nations” which allowed Congress to define them for use in our legal system instead of only punish them.
• Law of Nations by Emer de Vattel (1758)
• “The sovereign [We the People] may forbid [through our elected officials] the entrance of his territory either to foreigners in general, or in particular cases, or to certain persons, or for certain particular purposes, according as he may think it advantageous to the state. There is nothing in all this, that does not flow from the rights of domain and sovereignty: every one is obliged to pay respect to the prohibition [to enter a country]; and whoever dares to violate it, incurs the penalty decreed to render it effectual. But the prohibition ought to be known, as well as the penalty annexed to disobedience: those who are ignorant of it, ought to be informed of it when they approach to enter the country…It was salutary [meaning it contributed to a beneficial purpose] to the nation, without violating the rights of any individual, or even the duties of humanity, which permit us, in case of competition, to prefer ourselves to others” –Law of Nations, Book II, Section 94