Human fertilization and early development

WEBVTT
Kind: captions
Language: en

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- [Instructor] What we're
gonna do with this video

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is talk about fertilization
and development in human beings

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or at least early
development in human beings.

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And this right over
here is an actual image

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of fertilization about
to happen or happening.

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So this right over here is a sperm cell.

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One of the many sperm
cells that will come from

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a male human being, and
this right over here

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is the egg cell that is
inside the female human being

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that it is actually fertilizing.

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Fertilization is the
sperm cell coming together

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with this egg cell and this act,

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this is the conception
of what has the potential

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to turn into a real organism,
in this case, a human being.

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So let's just first
appreciate the scale here.

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Just appreciate how
small these things are.

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A distance of about that
would be approximately

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one-fiftieth of a millimeter.

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So this is happening on a
very, very, very small scale.

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Now another thing that
you should be appreciate

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and something like this occurred

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at the beginning of every one us,

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is that this is one of maybe

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several hundred million sperm
cells are in competition

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to be the one that gets to that egg cell

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and so you should feel proud of yourself

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or at least half of yourself.

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You won a pretty big race, think about it,

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there's 300 million people
in the United States

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that half of you that was from your father

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that won a race with the
several hundred million

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of the other sperm cells from you father

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to get to be that DNA, that combination

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of DNA from your father
that will then fuse

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with the combination of DNA

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that's from your mother in this egg cell.

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And so how is that DNA packaged?

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Well it's packaged in chromosomes.

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Chromosomes are just strips of DNA

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and a full set of human
DNA in most of the cells

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in your body, you have 46 chromosomes

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and it's really 23 pairs of two.

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In each pair, you have one from your mom

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and one from your dad.

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But it turns out that in these sex cells,

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and we call these gametes right over here,

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let me write this down, these are gametes.

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So a sperm cell is the gamete
that comes from your father

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and an egg cell, or an ovum, is the gamete

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that comes from your mother.

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Gametes have half the
number of chromosomes.

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Each of these have 23, not 23 pair,

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they have 23 chromosomes.

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And so when the sperm
and the egg come together

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when the egg is fertilized,
then all of a sudden,

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you once again have 46
chromosomes or 23 pair.

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But what does it look like

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as soon as fertilization has occurred?

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Well, this right over here
is a picture of a zygote

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which is this fertilized,
you could view it

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as a fertilized egg,
it's now starting to have

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all 46 chromosomes, and
what's interesting here is

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you can see the nuclei from the two cells,

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they haven't completely fused yet.

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These right here, these
are called pronuclei

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but they will eventually fuse and that,

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when you think about your first day

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as a cell, that's when the genetic makeup

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that you got form your father
and your mother came together

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to be the genetic makeup
that would eventually

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give all the information
or most of the information

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necessary to construct you.

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Now as soon as this happens,
you start having cell division

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so the zygote, this zygote right over here

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through the process of mitosis,

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it will then split into two,
and then split into four,

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and you have about a cell
division or two everyday or so.

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And so after about two, three days,

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you have about eight, then 16 cells,

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those 16 cells are called morula,

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and then eventually, that keeps splitting

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and after about five to nine days,

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you have something that looks like this

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and you can't really appreciate it

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but there's two to three
hundred cells here.

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There's two to three hundred set cells

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in this sphere and it's
actually hollowed out

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on the inside, you can't
fully see it right over here,

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but this thing is called a blastocyst.

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And then, and notice it's still
roughly on the same scale,

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it's a little bit bigger
than that original egg cell

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that was fertilized, but
then this will continue

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to split and split and split.

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And just to appreciate the entire stages

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that we're talking about, so when we talk

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about fertilization, we're
talking about right over here.

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So all these pictures that I'm showing you

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are right in this phase,
and then if you go

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maybe three, four, five, six, seven days

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maybe in that first week, you
get to this blastocyst stage

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and so we are right over
here on our timeline.

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Now one thing that you
might be intrigued by

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is why am I starting this at week two.

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Well it turns out that there
is also a gestational age

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and gestational age is
something that doctors

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and scientists will use as a measure

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of how far long this embryo is

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and eventually the embryo or the fetus is

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and gestational age in particular

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is measured from the first day

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of the mother's last menstrual cycle

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which can be two weeks before

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the actual moment of conception

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which I am showing right over here.

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So that's just a little technical thing

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that is interesting and why you see

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this roughly two week shift.

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But then we get into this phase

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where people would
consider it to be an embryo

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and near the end of the embryo stage,

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you might have the potential human being

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to look something like this.

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This would be about seven
weeks after conception

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and you could see even
here, it is quite small.

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This is about one centimeter in length

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so about the size of a blueberry.

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But you hardly see something
that's starting to look

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like a human being or at least a mammal

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and one of the fascinating things

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about developmental biology

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is that if you look at the animal kingdom

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especially things that are closely related

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to human beings, you will
see even at this stage

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things look quite similar

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but you already start to see things

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that you'd recognize, you
can see arms right over here,

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you can see kind of an early ear,

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you can see an early eye, nose,

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even ribs it looks like, and
so this is already beginning

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to resemble a human being
but it is quite small

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and if you look at the
development of other mammals

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or even things that aren't mammals,

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even things like fish, you see things

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that look not too different
from this at this stage.

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But then once you get into,

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you're going into the
10th, 11th, 12th weeks,

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then people will call this a fetus.

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So right now, this is an
embryo, so this was an egg

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being fertilized, zygote,
zygote goes to morula,

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goes to blastocyst, you're an embryo,

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then from an embryo, you
go into being a fetus.

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And so this is an image of a fetus

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being connected to the placenta

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and the placenta is really the interface

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with the mother's body.

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And you can see even
here, it is quite small

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depending on your screen size,

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this might be about the same
scale on my screen right now

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this is about five
centimeters in actuality,

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so this is about the size of this fetus.

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And the boundary between embryo and fetus

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isn't super well-defined
that's why you see this

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kind of transition point, but
most people would consider it

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to be once you get into
about the 12th week,

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you're definitely a fetus.

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Now some interesting
things right over here

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as you see the entire cycle all the way

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until you get to the 36th
through the 42nd week

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which is when most,
when what is considered

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kind of full term when a
baby is ready to come out

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but you start to see over
here, this notion of viability

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which is roughly a time
where there's a decent chance

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that if the baby were
to come out of the womb,

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they would survive on their own

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and this is just an interesting stat

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that there's roughly a 50% survival rate

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at around the sixth month.

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But the general big idea's here

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and it really is mind boggling,

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all of us start in this
almost grand race of sperm

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between hundreds of
millions of sperm cells

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to be the one to fertilize
your mother's egg

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and then that one cell, that zygote

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that has the genetic information
from both your mother

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and father, now that that
egg has been fertilized,

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it then keeps replicating until it turns

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into a fairly complex
organism that is capable

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of making videos and reflecting
about how it developed.


United States v.  Lopez

WEBVTT
Kind: captions
Language: en

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- [Instructor] What we're
going to do in this video

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is talk about a relatively
recent U.S. Supreme Court case,

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and this is the United
States versus Lopez,

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and the decision was made in 1995.

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And this is significant
because many of the cases

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we have talked about are things

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that broadened the power
of the federal government.

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While the decision in
United States versus Lopez,

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which was a split decision, it
was a five-to-four decision,

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put some limits on federal power.

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And so just to understand what happened.

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In 1990, the U.S. Congress passes

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the Gun-Free School Zones Act of 1990.

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And it says, "It shall be
unlawful for any individual

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"knowingly to possess a firearm at a place

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"that the individual
knows, or has reasonable

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"cause to believe, is a school zone."

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And in 1992, a high school student in

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San Antonio, Texas, Alfonzo Lopez,

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carries a concealed firearm
into his high school.

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He is arrested, and then
he is eventually prosecuted

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under the Gun-Free School Zones
Act of 1990, a federal law.

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And he is tried in a federal court.

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His lawyers say, "Hey,
this is unconstitutional.

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"The federal government does not have

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"the right to regulate whether someone

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"carries a gun into a school or not."

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While the federal government says,

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"Hey, yes we can do this because

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"look at the United States Constitution.

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"We, the federal government, have a right

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"to regulate interstate trade."

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And remember what McCullouch
versus Maryland told us.

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From the necessary and proper clause,

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anything that is a means to regulate,

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say, another enumerated
power, like the power

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to regulate interstate trade, that is

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also constitutional for
the federal government.

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But then, you could imagine,
Lopez's lawyers said,

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"Hold on a second, that is
a very tenuous connection.

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"If you're trying to connect the notion

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"of firearms in schools and school safety,

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"to interstate commerce,
well you could connect

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"almost anything to interstate commerce,

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"which would mean that
between the necessary

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"and proper clause, the implied powers

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"and the enumerated powers of
regulated interstate commerce,

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"well then the federal government

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"could just regulate anything."

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And so it eventually gets appealed

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all the way to the United
States Supreme Court.

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And in a split five-to-four decision,

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the United States Supreme Court
decides in favor of Lopez,

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that the Gun-Free School
Zones Act of 1990,

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at least as it was originally written,

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was indeed unconstitutional, that it's

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an overreach of federal power.

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And to appreciate the majority's thinking,

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here's an excerpt of the
decision by William Rehnquist

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who was the Chief Justice
and who was in the majority

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and he wrote, "To uphold the
government's contentions here,"

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the contention that the
government is making

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that it is constitutional to regulate

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the possession of firearms in a school,

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"we have to pile inference upon inference

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"in a manner that would
bid fair to convert

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"congressional authority
under the Commerce Clause

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"to a general police power of the

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"sort retained by the states."

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So Rehnquist is saying,
"Hey look, if we say

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"that the regulation of
firearms is connected

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"to interstate commerce somehow,

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"because it somehow affects
the economy between states.

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"Well then almost anything, if you layer

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"pile inference upon
inference, then that would

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"give the right to the federal government

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"to police almost anything,
a type of police power

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"that's generally retained by the states."

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"Admittedly, some of our prior cases have

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"taken long steps down that road,

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"giving great deference
to congressional action."

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And you could go all the way back

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to McCulloch versus Maryland.

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He's saying, "Yeah, the
Supreme Court has ruled

00:03:42.379 --> 00:03:45.003
"many times in favor of
the federal government,

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"having a broad understanding
of implied powers."

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"The broad language in these opinions

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"has suggested the possibility
of additional expansion,

00:03:54.610 --> 00:03:58.188
"but we decline here to
proceed any further."

00:03:58.188 --> 00:04:00.441
So they're drawing the
line in this decision

00:04:00.441 --> 00:04:03.385
on the expansion of congressional power.

00:04:03.385 --> 00:04:06.122
"To do so would require us to conclude

00:04:06.122 --> 00:04:09.387
"that the Constitution's
enumeration of powers

00:04:09.387 --> 00:04:13.265
"does not presuppose
something not enumerated,

00:04:13.265 --> 00:04:15.615
"and that there never
will be a distinction

00:04:15.615 --> 00:04:20.042
"between what is truly national
and what is truly local.

00:04:20.042 --> 00:04:22.652
"This we are unwilling to do."

00:04:22.652 --> 00:04:24.332
So he's saying, "Hey look, if we took

00:04:24.332 --> 00:04:27.465
"the government's side
on this, there's no end.

00:04:27.465 --> 00:04:30.050
"There really isn't anything
that the federal government

00:04:30.050 --> 00:04:32.559
"can't do, and then there
won't be a distinction

00:04:32.559 --> 00:04:37.364
"between what is truly national
and what is truly local."

00:04:37.364 --> 00:04:39.965
I'll let you decide, but
it's a fascinating case,

00:04:39.965 --> 00:04:41.960
and it's really important
in this discussion

00:04:41.960 --> 00:04:44.902
on power between states
and the federal government

00:04:44.902 --> 00:04:47.605
because this was a decision
that kind of drew a line

00:04:47.605 --> 00:04:50.843
and said, "Okay, we can't
let the federal government

00:04:50.843 --> 00:04:52.724
"have an unlimited number of powers

00:04:52.724 --> 00:04:55.833
"based on just being able to
tie inference upon inference

00:04:55.833 --> 00:04:58.465
"to something like the Commerce Clause."


McCulloch v. Maryland

WEBVTT
Kind: captions
Language: en

00:00:00.260 --> 00:00:02.085
- [Instructor] In this video
we are going to talk about

00:00:02.085 --> 00:00:05.359
one of the most important
US Supreme Court cases

00:00:05.359 --> 00:00:08.203
that has helped determined
the balance of power

00:00:08.203 --> 00:00:11.154
between the federal
government and the states.

00:00:11.154 --> 00:00:13.989
And that's McCulloch versus Maryland.

00:00:13.989 --> 00:00:18.402
So the year is 1816, we're
after the War of 1812.

00:00:18.402 --> 00:00:20.233
Wars are expensive.

00:00:20.233 --> 00:00:22.666
The United States, the federal government,

00:00:22.666 --> 00:00:25.336
wants to create the Second
Bank of the United States.

00:00:25.336 --> 00:00:27.244
The charter for the First
Bank of the United States

00:00:27.244 --> 00:00:30.415
had ended a few years ago
and had not been extended.

00:00:30.415 --> 00:00:32.281
And the reason why a bank is useful

00:00:32.281 --> 00:00:35.149
for a federal government,
a bank can be a place

00:00:35.149 --> 00:00:38.161
to store taxes that are
collected from people.

00:00:38.161 --> 00:00:41.842
It could be a place to issue
debts, to issue bank notes.

00:00:41.842 --> 00:00:43.076
Think paper currency.

00:00:43.076 --> 00:00:45.750
And so the Second Bank of
the United States is created.

00:00:45.750 --> 00:00:50.446
It is headquartered in Philadelphia
right over here in 1816

00:00:50.446 --> 00:00:54.613
and then in 1817 they open
up a branch in Baltimore

00:00:56.206 --> 00:00:58.579
right over there and this is where things

00:00:58.579 --> 00:01:01.185
get a little bit messy
because it turns out

00:01:01.185 --> 00:01:04.583
that the Maryland legislature,
Baltimore is in Maryland

00:01:04.583 --> 00:01:08.287
decides to pass a law to tax any banks

00:01:08.287 --> 00:01:11.149
that have charters from
outside of Maryland.

00:01:11.149 --> 00:01:12.544
Well, it turns out that the branch

00:01:12.544 --> 00:01:14.866
of the Second Bank of the United States

00:01:14.866 --> 00:01:17.169
was the only bank in Maryland

00:01:17.169 --> 00:01:19.598
that was chartered outside of Maryland

00:01:19.598 --> 00:01:24.114
and the law itself seems to
be targeted at that bank.

00:01:24.114 --> 00:01:27.364
The law taxes notes issued by the bank.

00:01:28.366 --> 00:01:31.003
The head of that branch
of the Baltimore branch

00:01:31.003 --> 00:01:34.578
of the Second Bank of the
United States James McCulloch,

00:01:34.578 --> 00:01:36.839
he refuses to pay this tax.

00:01:36.839 --> 00:01:39.307
He says hey, we are a
federally chartered bank.

00:01:39.307 --> 00:01:42.190
You have no right to tax us.

00:01:42.190 --> 00:01:44.370
Eventually it gets appealed all the way

00:01:44.370 --> 00:01:47.336
to the United States Supreme Court.

00:01:47.336 --> 00:01:51.422
And there are two main questions
that need to be answered.

00:01:51.422 --> 00:01:54.126
The first is, does the federal government

00:01:54.126 --> 00:01:56.831
have the power to charter a national bank?

00:01:56.831 --> 00:01:59.463
Where is that in the
United States Constitution?

00:01:59.463 --> 00:02:01.242
By the time it got to the Supreme Court,

00:02:01.242 --> 00:02:03.507
Maryland was arguing that, hey,

00:02:03.507 --> 00:02:05.090
we don't even think that
the federal government

00:02:05.090 --> 00:02:07.712
has the right to charter a bank.

00:02:07.712 --> 00:02:10.557
We don't see that enumerated
in the Constitution

00:02:10.557 --> 00:02:12.402
and then if the bank can exist,

00:02:12.402 --> 00:02:15.069
can a state tax a national bank?

00:02:15.933 --> 00:02:17.542
The US Supreme Court at this time

00:02:17.542 --> 00:02:20.432
is headed by Chief Justice John Marshall,

00:02:20.432 --> 00:02:22.821
who was a federalist, and as we will see,

00:02:22.821 --> 00:02:26.940
they vote strongly in favor
of the federal government.

00:02:26.940 --> 00:02:29.332
They decide unanimously that yes,

00:02:29.332 --> 00:02:32.420
the federal government does
have the power to charter a bank

00:02:32.420 --> 00:02:36.831
and they say no, a state
actually cannot tax it.

00:02:36.831 --> 00:02:39.230
And so, what do they
cite in the Constitution

00:02:39.230 --> 00:02:41.613
to back up that decision?

00:02:41.613 --> 00:02:43.926
So this right over here is
an excerpt of article one,

00:02:43.926 --> 00:02:46.154
section eight of the
United States Constitution.

00:02:46.154 --> 00:02:47.647
We've covered it in other videos

00:02:47.647 --> 00:02:50.103
when we talk about enumerated powers

00:02:50.103 --> 00:02:51.744
and it lists a bunch of powers.

00:02:51.744 --> 00:02:52.901
Enumerated just means things

00:02:52.901 --> 00:02:54.651
that are very explicitly defined.

00:02:54.651 --> 00:02:56.593
They've been listed,
they've been enumerated.

00:02:56.593 --> 00:02:59.005
Congress has the power to lay
and collect taxes, duties,

00:02:59.005 --> 00:03:00.703
imposts and excises, borrow money,

00:03:00.703 --> 00:03:02.683
regulate commerce with foreign nations

00:03:02.683 --> 00:03:04.635
among the several states
with the Indian tribes.

00:03:04.635 --> 00:03:07.845
And it goes on and on and
on, but the 18th clause here

00:03:07.845 --> 00:03:08.918
is really interesting.

00:03:08.918 --> 00:03:11.338
It's known as the
necessary and proper clause

00:03:11.338 --> 00:03:13.069
and we cover it in several other videos,

00:03:13.069 --> 00:03:15.324
but it says that Congress has the power

00:03:15.324 --> 00:03:19.387
to make all laws which shall
be necessary and proper

00:03:19.387 --> 00:03:22.889
for carrying into execution
the foregoing powers.

00:03:22.889 --> 00:03:26.662
And so John Marshall the
chief justice in his decision

00:03:26.662 --> 00:03:30.851
says look, even though the
power to create a national bank,

00:03:30.851 --> 00:03:33.618
to charter a national bank,
even though it isn't enumerated

00:03:33.618 --> 00:03:35.795
here in article one section eight,

00:03:35.795 --> 00:03:40.128
this clause 18, this
necessary and proper clause

00:03:40.128 --> 00:03:42.250
says that look, the federal government

00:03:42.250 --> 00:03:44.957
also can make laws that allow it,

00:03:44.957 --> 00:03:47.864
that are necessary and proper
for doing the other things.

00:03:47.864 --> 00:03:50.288
For example, borrowing
money or issuing currency

00:03:50.288 --> 00:03:51.743
and so they're saying that look,

00:03:51.743 --> 00:03:54.418
this bank is a means to an end.

00:03:54.418 --> 00:03:57.127
And because it is a means
to an enumerated end,

00:03:57.127 --> 00:04:00.201
they're saying that there
is an implied power here.

00:04:00.201 --> 00:04:02.624
And so the whole notion of implied powers

00:04:02.624 --> 00:04:04.052
that we talk about in other videos,

00:04:04.052 --> 00:04:07.085
it really strongly
stems from this decision

00:04:07.085 --> 00:04:09.817
on McCulloch versus Maryland.

00:04:09.817 --> 00:04:12.046
Now, Maryland argued a narrow reading

00:04:12.046 --> 00:04:14.069
of this necessary and proper clause.

00:04:14.069 --> 00:04:16.789
They're like, well is a
bank absolutely necessary?

00:04:16.789 --> 00:04:18.737
Couldn't you do some of these other things

00:04:18.737 --> 00:04:20.357
without having a bank?

00:04:20.357 --> 00:04:22.859
And the Supreme Court
said, well, no, no, no,

00:04:22.859 --> 00:04:24.679
this isn't to limit
the federal government,

00:04:24.679 --> 00:04:27.835
that this whole section is
all about enumerating powers

00:04:27.835 --> 00:04:30.546
to say what the federal government can do,

00:04:30.546 --> 00:04:32.339
not what they can't do,

00:04:32.339 --> 00:04:35.544
so does not have to be
absolutely necessary.

00:04:35.544 --> 00:04:37.811
And on the second question of, well,

00:04:37.811 --> 00:04:40.157
if this bank's going
to exist can the state

00:04:40.157 --> 00:04:43.329
where the branch is, can the state tax it?

00:04:43.329 --> 00:04:46.505
That's where what's known
as the Supremacy Clause

00:04:46.505 --> 00:04:48.247
came in to effect.

00:04:48.247 --> 00:04:51.114
This right over here is an excerpt.

00:04:51.114 --> 00:04:53.354
Article six, clause two, this Constitution

00:04:53.354 --> 00:04:55.138
and the laws of the United States

00:04:55.138 --> 00:04:58.269
which shall be made in pursuance thereof;

00:04:58.269 --> 00:05:01.387
and all treaties made,
or which shall be made

00:05:01.387 --> 00:05:03.831
under the authority of the United States,

00:05:03.831 --> 00:05:08.578
the federal government, shall
be the supreme law of the land

00:05:08.578 --> 00:05:12.745
and the judges in every
state shall be bound thereby.

00:05:13.730 --> 00:05:16.866
And so the argument that
the justice has made is,

00:05:16.866 --> 00:05:18.606
well if you don't like something,

00:05:18.606 --> 00:05:21.817
if we allow the states to
tax this national bank,

00:05:21.817 --> 00:05:25.073
well, the power to tax
is the power to destroy,

00:05:25.073 --> 00:05:29.460
then you could tax it so much
that it can't even operate.

00:05:29.460 --> 00:05:31.801
But this is saying that the authority

00:05:31.801 --> 00:05:33.757
of the federal government,
of the United States,

00:05:33.757 --> 00:05:36.151
shall be the supreme law of the land.

00:05:36.151 --> 00:05:39.505
So a state can't get in the
way of the federal government

00:05:39.505 --> 00:05:42.834
and to hear it in John
Marshall's own words,

00:05:42.834 --> 00:05:44.875
he wrote a very long decision

00:05:44.875 --> 00:05:47.279
about McCulloch versus Maryland,

00:05:47.279 --> 00:05:48.677
but here is just a few excerpts

00:05:48.677 --> 00:05:50.840
that speak to each of these points.

00:05:50.840 --> 00:05:54.020
So first of all, implied powers.

00:05:54.020 --> 00:05:56.420
Let the end be legitimate,

00:05:56.420 --> 00:06:00.131
let it be within the
scope of the Constitution,

00:06:00.131 --> 00:06:03.812
and all means which are appropriate,

00:06:03.812 --> 00:06:06.132
which are plainly adapted to that end,

00:06:06.132 --> 00:06:07.606
which are not prohibited,

00:06:07.606 --> 00:06:10.529
but consist with the letter
and spirit of the Constitution

00:06:10.529 --> 00:06:13.647
are constitutional, this is a big deal.

00:06:13.647 --> 00:06:16.389
He's saying look, if the end is legitimate

00:06:16.389 --> 00:06:18.754
and if the means is not prohibited.

00:06:18.754 --> 00:06:20.128
So nowhere in the Constitution does it say

00:06:20.128 --> 00:06:22.808
that the federal government
can't start a national bank,

00:06:22.808 --> 00:06:25.556
so it's not prohibited,
and if the end is to do

00:06:25.556 --> 00:06:28.716
some of the enumerated
powers that are legitimate,

00:06:28.716 --> 00:06:30.975
then it is constitutional.

00:06:30.975 --> 00:06:34.735
So this is really a strong
wording around implied powers

00:06:34.735 --> 00:06:36.764
and using the necessary and proper clause

00:06:36.764 --> 00:06:38.370
as the backing for it.

00:06:38.370 --> 00:06:42.642
And in terms of supremacy,
it is of the very essence

00:06:42.642 --> 00:06:46.809
of supremacy to remove all
obstacles to its action

00:06:47.677 --> 00:06:51.139
within its own sphere, and
so to modify every power

00:06:51.139 --> 00:06:53.602
vested in subordinate governments,

00:06:53.602 --> 00:06:57.537
as to exempt its own operations
from their influence.

00:06:57.537 --> 00:06:59.496
So it's saying, hey,
we're not going to allow

00:06:59.496 --> 00:07:01.978
subordinate governments, the
states, to get in the way.

00:07:01.978 --> 00:07:04.342
That's the essence of
the Supremacy Clause.

00:07:04.342 --> 00:07:07.703
This effect need not be stated in terms.

00:07:07.703 --> 00:07:10.906
It is so involved in the
declaration of supremacy,

00:07:10.906 --> 00:07:13.171
so necessarily implied in it,

00:07:13.171 --> 00:07:17.188
that the expression of it
could not make it more certain.

00:07:17.188 --> 00:07:19.679
So once again, John
Marshall clearly saying

00:07:19.679 --> 00:07:23.254
the Supremacy Clause, in order
for it to make any sense,

00:07:23.254 --> 00:07:26.252
the subordinate governments, the states,

00:07:26.252 --> 00:07:28.117
should not be able to interfere

00:07:28.117 --> 00:07:31.700
with the operations of
the federal government.

00:07:31.700 --> 00:07:34.785
If their ends are legitimate,
it's constitutional

00:07:34.785 --> 00:07:37.007
and the states cannot get in the way.

00:07:37.007 --> 00:07:40.419
In the example of McCulloch
versus Maryland by taxing.

00:07:40.419 --> 00:07:42.385
So as you can imagine, this decision

00:07:42.385 --> 00:07:45.031
clarified the shifting of a lot of power

00:07:45.031 --> 00:07:47.994
towards the federal government
and away from the states.


Federal and state powers and the Tenth and Fourteenth Amendments

WEBVTT
Kind: captions
Language: en

00:00:00.669 --> 00:00:01.807
- [Instructor] What we're
gonna do in this video

00:00:01.807 --> 00:00:03.953
is talk a little bit
more about federal powers

00:00:03.953 --> 00:00:08.020
versus state powers, and as
we've mentioned in other videos,

00:00:08.020 --> 00:00:11.819
this is a relevant
topic because even today

00:00:11.819 --> 00:00:14.765
you'll have Supreme Court
decisions being decided

00:00:14.765 --> 00:00:18.235
based on citing different
parts of the Constitution

00:00:18.235 --> 00:00:21.543
or various amendments that seem
to give one power or another

00:00:21.543 --> 00:00:24.322
more to the federal government
or to the state government.

00:00:24.322 --> 00:00:28.231
Another important appreciation
is the balance of power

00:00:28.231 --> 00:00:31.132
or the shifts of power
between federal and state.

00:00:31.132 --> 00:00:33.621
It has historically changed over time,

00:00:33.621 --> 00:00:35.817
so it isn't this fixed thing.

00:00:35.817 --> 00:00:38.115
So in a previous video, we talked about

00:00:38.115 --> 00:00:41.559
the enumerated powers that
the Constitution gives

00:00:41.559 --> 00:00:43.238
the federal government.

00:00:43.238 --> 00:00:47.121
In particular, we have talked
about the Commerce Clause

00:00:47.121 --> 00:00:50.908
that allows the federal
government "to regulate Commerce

00:00:50.908 --> 00:00:53.461
among the several states,"

00:00:53.461 --> 00:00:56.500
which has turned out to be a
much farther-reaching power

00:00:56.500 --> 00:01:00.064
than maybe the drafters of
the Constitution intended.

00:01:00.064 --> 00:01:02.212
And then, the thing
that really gives power

00:01:02.212 --> 00:01:03.967
to even the enumerated powers

00:01:03.967 --> 00:01:06.193
is the necessary and proper clause.

00:01:06.193 --> 00:01:09.901
"To make all Laws which
shall be necessary and proper

00:01:09.901 --> 00:01:13.342
"for carrying into Execution
the foregoing Powers,"

00:01:13.342 --> 00:01:15.000
and so this is what we talk about,

00:01:15.000 --> 00:01:16.511
this necessary and proper clause,

00:01:16.511 --> 00:01:19.089
creates a lot of implied powers.

00:01:19.089 --> 00:01:20.883
So you can imagine, this isn't,

00:01:20.883 --> 00:01:23.257
the necessary and proper
clause is not something

00:01:23.257 --> 00:01:25.396
that made the Antifederalists very happy.

00:01:25.396 --> 00:01:28.117
They were worried about power grabs

00:01:28.117 --> 00:01:30.146
by the federal government.

00:01:30.146 --> 00:01:32.157
And so you have the Bill of Rights

00:01:32.157 --> 00:01:34.365
which are the first 10 amendments.

00:01:34.365 --> 00:01:36.900
And the 9th and 10th
amendment in particular

00:01:36.900 --> 00:01:39.729
are Antifederalists' attempt

00:01:39.729 --> 00:01:43.037
to limit the federal government's power.

00:01:43.037 --> 00:01:44.589
So the 9th Amendment says,

00:01:44.589 --> 00:01:47.426
"The enumeration in the
Constitution, of certain rights,

00:01:47.426 --> 00:01:51.736
"shall not be construed to
deny or disparage others

00:01:51.736 --> 00:01:55.167
"retained by the people,"
and even more important,

00:01:55.167 --> 00:01:57.405
the 10th Amendment, and
this is really speaking to

00:01:57.405 --> 00:02:01.062
federal versus state powers,
"The powers not delegated

00:02:01.062 --> 00:02:03.723
"to the United States
by the Constitution,"

00:02:03.723 --> 00:02:05.675
so not delegated to
the federal government,

00:02:05.675 --> 00:02:08.417
"nor prohibited by it,"
the federal government,

00:02:08.417 --> 00:02:12.375
"to the States, are reserved
to the States respectively,

00:02:12.375 --> 00:02:15.607
"or to the people," and
so you could view this

00:02:15.607 --> 00:02:17.753
as reserved powers for the states.

00:02:17.753 --> 00:02:19.338
It's an Antifederalist attempt to say,

00:02:19.338 --> 00:02:21.550
"Hey, you know, the federal
government can't just

00:02:21.550 --> 00:02:22.983
"do whatever it wants."

00:02:22.983 --> 00:02:24.734
It's trying to put a little bit of a check

00:02:24.734 --> 00:02:27.532
on the necessary and proper clause.

00:02:27.532 --> 00:02:30.116
So if you fast-forward to the period right

00:02:30.116 --> 00:02:33.193
after the Civil War, you
have the 13th Amendment,

00:02:33.193 --> 00:02:36.014
which bans slavery, and then
you have the 14th Amendment,

00:02:36.014 --> 00:02:40.217
which is trying to bring
slaves into society,

00:02:40.217 --> 00:02:42.224
allow them to be citizens, not just them

00:02:42.224 --> 00:02:45.154
but their descendants, and
this is in direct contradiction

00:02:45.154 --> 00:02:48.240
of the 1857 Dred Scott
decision that we'll talk about

00:02:48.240 --> 00:02:51.708
in other videos where the
U.S. Supreme Court ruled

00:02:51.708 --> 00:02:55.394
that slaves and their
descendants are not considered

00:02:55.394 --> 00:02:58.063
American citizens and so
they don't have a right

00:02:58.063 --> 00:03:01.574
to petition the government,
but the 14th Amendment says,

00:03:01.574 --> 00:03:04.829
"All persons born or naturalized
in the United States,

00:03:04.829 --> 00:03:08.926
"and subject to the jurisdiction
thereof, are citizens

00:03:08.926 --> 00:03:13.331
"of the United States and of
the State wherein they reside.

00:03:13.331 --> 00:03:16.693
"No State shall make or enforce any law,"

00:03:16.693 --> 00:03:18.949
and so this is actually
putting constraints on states,

00:03:18.949 --> 00:03:21.285
and so as we'll see, even
though this is in the context

00:03:21.285 --> 00:03:25.217
of the post-Civil War era,
because it's putting constraints

00:03:25.217 --> 00:03:27.026
on states, this is one of the amendments

00:03:27.026 --> 00:03:29.453
that's often cited that puts more power

00:03:29.453 --> 00:03:31.251
in the hands of the federal government.

00:03:31.251 --> 00:03:35.104
"No State shall make or
enforce any law which shall

00:03:35.104 --> 00:03:38.091
"abridge the privileges
or immunities of citizens

00:03:38.091 --> 00:03:41.064
"of the United States; nor shall any State

00:03:41.064 --> 00:03:45.118
"deprive any person of
life, liberty, or property,

00:03:45.118 --> 00:03:48.910
"without due process of
law; nor deny to any person

00:03:48.910 --> 00:03:53.444
"within its jurisdiction the
equal protection of the laws."

00:03:53.444 --> 00:03:55.462
The 14th Amendment has been very relevant

00:03:55.462 --> 00:03:57.796
in some very current debates.

00:03:57.796 --> 00:04:01.115
This notion of that any state, no state,

00:04:01.115 --> 00:04:03.781
can deprive any person of
life, liberty, or property

00:04:03.781 --> 00:04:05.965
without due process of law,

00:04:05.965 --> 00:04:08.325
this is often known as
the due process clause

00:04:08.325 --> 00:04:11.298
and it's this idea that no
state can really strip away

00:04:11.298 --> 00:04:13.828
some of the rights that
might be articulated in say

00:04:13.828 --> 00:04:16.627
The Bill of Rights,
"nor deny to any person

00:04:16.627 --> 00:04:20.590
"within its jurisdiction the
equal protection of the laws."

00:04:20.590 --> 00:04:22.897
This is often known as the
equal protection clause.

00:04:22.897 --> 00:04:26.158
This is, you could view
it as a protection against

00:04:26.158 --> 00:04:28.479
some form of discrimination.

00:04:28.479 --> 00:04:30.264
And so even in very current debates

00:04:30.264 --> 00:04:34.352
around things like abortion
or same-sex marriage,

00:04:34.352 --> 00:04:38.519
much of the debate will center
around the 14th Amendment.


The 10th and 14th Amendments in relation to federal and state powers

WEBVTT
Kind: captions
Language: en

00:00:00.457 --> 00:00:01.757
- [Instructor] What we're
going to do in this video

00:00:01.757 --> 00:00:04.272
is talk a little bit
more about federal powers

00:00:04.272 --> 00:00:06.277
versus state powers.

00:00:06.277 --> 00:00:08.321
And as we've mentioned in other videos,

00:00:08.321 --> 00:00:11.915
this is a very relevant
topic because, even today,

00:00:11.915 --> 00:00:15.112
you'll have Supreme Court
decisions being decided

00:00:15.112 --> 00:00:18.303
based on citing different
parts of the Constitution

00:00:18.303 --> 00:00:20.060
or various Amendments that seem

00:00:20.060 --> 00:00:23.023
to give one power or another
more to the federal government

00:00:23.023 --> 00:00:24.357
or to the state government.

00:00:24.357 --> 00:00:28.326
Another important appreciation
is the balance of power

00:00:28.326 --> 00:00:31.263
or the shifts of power
between federal and state.

00:00:31.263 --> 00:00:33.567
It has historically changed over time,

00:00:33.567 --> 00:00:35.861
so it isn't this fixed thing.

00:00:35.861 --> 00:00:37.477
So in a previous video,

00:00:37.477 --> 00:00:39.720
we talked about the enumerated powers

00:00:39.720 --> 00:00:43.633
that the Constitution gives
the federal government.

00:00:43.633 --> 00:00:47.534
In particular, we have talked
about the Commerce Clause

00:00:47.534 --> 00:00:49.448
that allows the federal government

00:00:49.448 --> 00:00:53.659
"To regulate Commerce
among the several States,"

00:00:53.659 --> 00:00:56.534
which has turned out to be a
much farther reaching power

00:00:56.534 --> 00:01:00.204
than maybe the drafters of
the Constitution intended.

00:01:00.204 --> 00:01:02.215
And then, the thing
that really gives power

00:01:02.215 --> 00:01:03.873
to even the enumerated powers

00:01:03.873 --> 00:01:06.067
is the Necessary and Proper Clause,

00:01:06.067 --> 00:01:10.041
"To make all Laws which
shall be necessary and proper

00:01:10.041 --> 00:01:13.344
"for carrying into Execution
the foregoing Powers."

00:01:13.344 --> 00:01:15.082
And so this is what we talk about,

00:01:15.082 --> 00:01:16.649
this Necessary and Proper Clause

00:01:16.649 --> 00:01:19.371
creates a lot of implied powers.

00:01:19.371 --> 00:01:21.100
So you could imagine, this isn't,

00:01:21.100 --> 00:01:23.130
the Necessary and Proper
Clause is not something

00:01:23.130 --> 00:01:25.448
that made the Anti-Federalists very happy.

00:01:25.448 --> 00:01:28.245
They were worried about power grabs

00:01:28.245 --> 00:01:30.146
by the federal government.

00:01:30.146 --> 00:01:32.848
And so shortly after you
have the ratification

00:01:32.848 --> 00:01:34.312
of the Constitution,

00:01:34.312 --> 00:01:37.184
you have the ratification
of the Bill of Rights,

00:01:37.184 --> 00:01:39.365
which are the first 10 Amendments.

00:01:39.365 --> 00:01:42.194
And the Ninth and Tenth
Amendment, in particular,

00:01:42.194 --> 00:01:44.767
are Anti-Federalists' attempt

00:01:44.767 --> 00:01:48.076
to limit the federal government's power.

00:01:48.076 --> 00:01:49.552
So the Ninth Amendment says,

00:01:49.552 --> 00:01:52.653
"The enumeration in the
Constitution, of certain rights,

00:01:52.653 --> 00:01:55.147
"shall not be construed to deny

00:01:55.147 --> 00:01:58.438
"or disparage others
retained by the people."

00:01:58.438 --> 00:02:00.711
And even more important,
the Tenth Amendment,

00:02:00.711 --> 00:02:04.051
and this is really speaking to
federal versus state powers,

00:02:04.051 --> 00:02:07.445
"The powers not delegated
to the United States

00:02:07.445 --> 00:02:08.608
"by the Constitution,"

00:02:08.608 --> 00:02:10.631
so not delegated to
the federal government,

00:02:10.631 --> 00:02:13.411
"nor prohibited by it,"
the federal government,

00:02:13.411 --> 00:02:17.482
"to the States, are reserved
to the States respectively,

00:02:17.482 --> 00:02:19.718
"or to the people."

00:02:19.718 --> 00:02:21.911
And so you could view
this as reserved powers

00:02:21.911 --> 00:02:22.744
for the states.

00:02:22.744 --> 00:02:25.269
It's an Anti-Federalist
attempt to say, hey, you know,

00:02:25.269 --> 00:02:27.975
the federal government can't
just do whatever it wants.

00:02:27.975 --> 00:02:29.809
It's trying to put a little bit of a check

00:02:29.809 --> 00:02:32.668
on the Necessary and Proper Clause.

00:02:32.668 --> 00:02:34.673
So if you fast-forward to the period

00:02:34.673 --> 00:02:36.453
right after the Civil War,

00:02:36.453 --> 00:02:38.099
you have the Thirteenth Amendment,

00:02:38.099 --> 00:02:39.419
which bans slavery.

00:02:39.419 --> 00:02:41.255
And then you have the
Fourteenth Amendment,

00:02:41.255 --> 00:02:45.088
which is trying to bring
slaves into society,

00:02:45.088 --> 00:02:46.551
allow them to be citizens,

00:02:46.551 --> 00:02:48.343
not just them, but their descendants.

00:02:48.343 --> 00:02:50.069
And this is in direct contradiction

00:02:50.069 --> 00:02:52.629
of the 1857 Dred Scott decision

00:02:52.629 --> 00:02:54.240
that we'll talk about in other videos,

00:02:54.240 --> 00:02:56.997
where the U.S. Supreme Court ruled

00:02:56.997 --> 00:02:59.191
that slaves and their descendants

00:02:59.191 --> 00:03:01.629
are not considered American citizens,

00:03:01.629 --> 00:03:04.896
and so they don't have a right
to petition the government.

00:03:04.896 --> 00:03:06.756
But the Fourteenth Amendment says,

00:03:06.756 --> 00:03:09.858
"All persons born or naturalized
in the United States,

00:03:09.858 --> 00:03:12.386
"and subject to the jurisdiction thereof,

00:03:12.386 --> 00:03:16.006
"are citizens of the United States

00:03:16.006 --> 00:03:18.549
"and of the State wherein they reside.

00:03:18.549 --> 00:03:21.644
"No State shall make or enforce any law."

00:03:21.644 --> 00:03:23.852
And so this is actually
putting constraints on states.

00:03:23.852 --> 00:03:26.470
And so, as we'll see, even
though this is in the context

00:03:26.470 --> 00:03:28.659
of the post-Civil War era,

00:03:28.659 --> 00:03:31.029
because it's putting
constraints on states,

00:03:31.029 --> 00:03:33.775
this is one of the Amendments
that's often cited that puts

00:03:33.775 --> 00:03:36.396
more power in the hands
of the federal government.

00:03:36.396 --> 00:03:39.407
"No State shall make or enforce any law

00:03:39.407 --> 00:03:41.709
"which shall abridge the privileges

00:03:41.709 --> 00:03:44.788
"or immunities of citizens
of the United States;

00:03:44.788 --> 00:03:47.719
"nor shall any State deprive any person

00:03:47.719 --> 00:03:52.370
"of life, liberty, or property,
without due process of law;

00:03:52.370 --> 00:03:55.179
"nor deny to any person
within its jurisdiction

00:03:55.179 --> 00:03:58.695
"the equal protection of the laws."

00:03:58.695 --> 00:04:00.585
And so since the time

00:04:00.585 --> 00:04:03.974
that the Fourteenth Amendment was adopted,

00:04:03.974 --> 00:04:06.901
this notion of equal
protection under the law,

00:04:06.901 --> 00:04:11.078
that no state can "make or
enforce laws which shall abridge

00:04:11.078 --> 00:04:13.321
"the privileges or
immunities of citizens."

00:04:13.321 --> 00:04:15.734
And the Fourteenth Amendment
has been very relevant

00:04:15.734 --> 00:04:19.417
in a whole series of cases in modern time,

00:04:19.417 --> 00:04:22.245
a lot of cases around discrimination.

00:04:22.245 --> 00:04:24.927
If there's a right that
is given in one state,

00:04:24.927 --> 00:04:26.963
do the other states have to adopt it?

00:04:26.963 --> 00:04:28.298
You can look around right now,

00:04:28.298 --> 00:04:31.346
there's significant social
debates about things like

00:04:31.346 --> 00:04:34.777
same-sex marriage or things like abortion,

00:04:34.777 --> 00:04:37.978
and those cases often center around

00:04:37.978 --> 00:04:39.727
the Fourteenth Amendment.


Enumerated and implied powers of the US federal government

WEBVTT
Kind: captions
Language: en

00:00:00.311 --> 00:00:01.144
- [Instructor] In this video

00:00:01.144 --> 00:00:03.498
we're gonna focus on enumerated powers

00:00:03.498 --> 00:00:07.058
versus implied powers for
the federal government.

00:00:07.058 --> 00:00:10.452
Enumerated just means powers
that have been made explicit,

00:00:10.452 --> 00:00:12.042
that are clear, that have been enumerated,

00:00:12.042 --> 00:00:13.698
that have been listed some place

00:00:13.698 --> 00:00:17.202
while implied powers are ones
that maybe aren't as clear,

00:00:17.202 --> 00:00:19.611
maybe they haven't been explicitly listed

00:00:19.611 --> 00:00:22.333
but they are assumed
because of certain wording

00:00:22.333 --> 00:00:26.083
or just in order to do
the enumerated powers

00:00:26.083 --> 00:00:28.297
and this is a really important concept

00:00:28.297 --> 00:00:30.242
because in any federal system

00:00:30.242 --> 00:00:32.984
where you have multiple layers,

00:00:32.984 --> 00:00:34.821
you have the federal government,

00:00:34.821 --> 00:00:36.479
you have the state governments

00:00:36.479 --> 00:00:38.531
and of course you also
have the local governments

00:00:38.531 --> 00:00:42.622
but this idea of what powers
go to the federal government

00:00:42.622 --> 00:00:44.098
versus the state government

00:00:44.098 --> 00:00:46.067
is a super important one

00:00:46.067 --> 00:00:48.273
and it's a matter of significant debate

00:00:48.273 --> 00:00:50.925
and it has changed over time,

00:00:50.925 --> 00:00:53.581
so to just get our base
line understanding,

00:00:53.581 --> 00:00:56.327
let's sample some of the enumerated powers

00:00:56.327 --> 00:00:57.564
to the federal government

00:00:57.564 --> 00:01:01.193
inside of the United States Constitution.

00:01:01.193 --> 00:01:03.850
So, this right over here is
Article One, Section Eight

00:01:03.850 --> 00:01:05.339
of the United States Constitution.

00:01:05.339 --> 00:01:07.141
I'm not going to read it in its entirety,

00:01:07.141 --> 00:01:09.205
we'll focus on some of
these powers in more detail

00:01:09.205 --> 00:01:11.537
in other videos but I will sample it

00:01:11.537 --> 00:01:14.462
and focus on some of the clauses

00:01:14.462 --> 00:01:16.652
that have been especially cited

00:01:16.652 --> 00:01:19.365
and have been especially
relevant to the world

00:01:19.365 --> 00:01:20.630
that we live in.

00:01:20.630 --> 00:01:21.731
So, just to sample,

00:01:21.731 --> 00:01:25.103
so the Congress shall have
the power to lay and collect

00:01:25.103 --> 00:01:27.811
taxes, duties, imposts and excises,

00:01:27.811 --> 00:01:30.339
so these are very clear enumerated powers.

00:01:30.339 --> 00:01:32.807
It's listing what the
Congress has the power to do.

00:01:32.807 --> 00:01:35.508
The Congress can borrow
money on the credit

00:01:35.508 --> 00:01:36.564
of the United States.

00:01:36.564 --> 00:01:40.064
Once again, a very clear enumerated power.

00:01:40.998 --> 00:01:43.295
To regulate commerce with foreign nations

00:01:43.295 --> 00:01:45.239
and among the several states

00:01:45.239 --> 00:01:47.549
and with the Indian tribes.

00:01:47.549 --> 00:01:49.939
Now, this clause right over here

00:01:49.939 --> 00:01:52.924
and this is now referred
to as the Commerce Clause

00:01:52.924 --> 00:01:55.049
might not really stand out to you,

00:01:55.049 --> 00:01:56.508
it might not stand out to you relative

00:01:56.508 --> 00:02:00.218
to the right to conduct foreign affairs

00:02:00.218 --> 00:02:03.062
or something that seems very
big and dramatic like that

00:02:03.062 --> 00:02:05.149
but it turns out that the Commerce Clause

00:02:05.149 --> 00:02:08.539
is viewed as one of
the significant clauses

00:02:08.539 --> 00:02:12.563
that gives the federal
government significant rights

00:02:12.563 --> 00:02:15.707
and it's considered to have
really three enumerated rights

00:02:15.707 --> 00:02:16.820
embedded in it.

00:02:16.820 --> 00:02:20.184
You have the regulation of
commerce with foreign nations,

00:02:20.184 --> 00:02:23.293
the regulation of commerce
among the several states

00:02:23.293 --> 00:02:25.145
and with the Indian tribes.

00:02:25.145 --> 00:02:27.344
And it's the middle one that is viewed

00:02:27.344 --> 00:02:30.538
as giving the federal
government a lot of power

00:02:30.538 --> 00:02:33.070
because even though it
might seem okay, well,

00:02:33.070 --> 00:02:35.423
we're just talking about
commerce between states,

00:02:35.423 --> 00:02:39.724
it's been used to justify
things like federal drug laws

00:02:39.724 --> 00:02:41.828
that even if a state argues hey,

00:02:41.828 --> 00:02:44.719
we are just going to
say legalize marihuana

00:02:44.719 --> 00:02:46.835
within our states, the federal government

00:02:46.835 --> 00:02:49.758
has cited that your
legalization of marihuana

00:02:49.758 --> 00:02:53.244
is going to affect commerce between states

00:02:53.244 --> 00:02:56.020
and we'll go into more depth
in that in future videos

00:02:56.020 --> 00:02:59.310
but the Commerce Clause
is a key enumerated right

00:02:59.310 --> 00:03:00.826
that's given in the constitution

00:03:00.826 --> 00:03:03.497
that is viewed as giving
the federal government

00:03:03.497 --> 00:03:05.677
fairly broad authority.

00:03:05.677 --> 00:03:07.097
But, let's continue.

00:03:07.097 --> 00:03:09.672
To establish a uniform
rule of naturalization.

00:03:09.672 --> 00:03:10.815
Who becomes an American?

00:03:10.815 --> 00:03:12.787
Uniform laws on the subject of bankruptcy.

00:03:12.787 --> 00:03:16.354
Keep going, I always
encourage you to look at this

00:03:16.354 --> 00:03:20.098
in context in the actual constitution.

00:03:20.098 --> 00:03:21.443
That is always interesting.

00:03:21.443 --> 00:03:22.900
The reason why I listed all of these out

00:03:22.900 --> 00:03:24.620
even though I'm not going to read them

00:03:24.620 --> 00:03:26.398
is that it's just interesting to see

00:03:26.398 --> 00:03:29.100
how many of these
enumerated rights there are

00:03:29.100 --> 00:03:33.157
but I'm going to focus on the last clause

00:03:33.157 --> 00:03:35.979
because this one is in a lot of ways

00:03:35.979 --> 00:03:38.430
a lot bigger than all of the other ones.

00:03:38.430 --> 00:03:41.014
It says to makes all laws

00:03:41.014 --> 00:03:44.683
which shall be necessary and proper

00:03:44.683 --> 00:03:49.143
for carrying into execution
the foregoing powers

00:03:49.143 --> 00:03:51.947
and all other powers
vested by this constitution

00:03:51.947 --> 00:03:54.400
in the government of the United States

00:03:54.400 --> 00:03:58.000
or in any department or officer thereof.

00:03:58.000 --> 00:03:58.981
Pause this video.

00:03:58.981 --> 00:04:03.148
Think about why this is a
very, very, very big deal.

00:04:04.042 --> 00:04:08.100
Well, the previous 17
clauses were very explicit.

00:04:08.100 --> 00:04:09.669
They were enumerated powers

00:04:09.669 --> 00:04:12.758
about what the federal
government has the power to do

00:04:12.758 --> 00:04:15.847
but his one here is making
a much broader statement.

00:04:15.847 --> 00:04:18.095
It's saying to make all laws

00:04:18.095 --> 00:04:21.801
which shall be necessary and proper

00:04:21.801 --> 00:04:24.893
for carrying into execution
the foregoing powers,

00:04:24.893 --> 00:04:29.230
the enumerated powers that
were in the last 17 clauses

00:04:29.230 --> 00:04:31.927
and so, this is known as the
Necessary and Proper Clause

00:04:31.927 --> 00:04:33.902
which you will hear a lot about,

00:04:33.902 --> 00:04:35.569
Necessary and Proper

00:04:36.694 --> 00:04:40.277
and it provides for a
lot of implied powers

00:04:41.286 --> 00:04:43.167
because it's essentially saying look,

00:04:43.167 --> 00:04:45.646
there's things that we haven't listed

00:04:45.646 --> 00:04:47.692
in the enumerated powers

00:04:47.692 --> 00:04:49.780
in the previous 17 clauses

00:04:49.780 --> 00:04:50.632
but the federal government

00:04:50.632 --> 00:04:52.890
has the right to make all
laws which shall be necessary

00:04:52.890 --> 00:04:55.221
and proper for carrying into execution

00:04:55.221 --> 00:04:56.888
the foregoing powers

00:04:57.726 --> 00:05:00.783
and so, even when I was talking
about say federal drugs laws

00:05:00.783 --> 00:05:03.327
it's really the combination
of the Commerce Clause

00:05:03.327 --> 00:05:06.154
and the Necessary and Proper Clause

00:05:06.154 --> 00:05:07.604
that allows the federal government

00:05:07.604 --> 00:05:10.472
to make some of these broader arguments

00:05:10.472 --> 00:05:12.546
that says okay, we regulate commerce

00:05:12.546 --> 00:05:14.362
and in order to regulate commerce

00:05:14.362 --> 00:05:16.358
we need to regulate drugs

00:05:16.358 --> 00:05:18.772
because it is necessary and proper

00:05:18.772 --> 00:05:21.849
for regulating interstate commerce,

00:05:21.849 --> 00:05:23.637
so we're gonna talk
more and more about this

00:05:23.637 --> 00:05:26.821
especially when we look at
specific constitutional cases

00:05:26.821 --> 00:05:28.583
that will cite these clauses

00:05:28.583 --> 00:05:30.429
but it's really important to appreciate

00:05:30.429 --> 00:05:33.289
what enumerated powers are

00:05:33.289 --> 00:05:35.228
and what implied powers are

00:05:35.228 --> 00:05:36.442
which the Necessary and Proper Clause

00:05:36.442 --> 00:05:38.920
gives a lot of and the anti-federalists

00:05:38.920 --> 00:05:41.779
really did not like this 18th clause.

00:05:41.779 --> 00:05:45.245
Understanding the ideas of
enumerated and implied powers

00:05:45.245 --> 00:05:46.734
is going to be really helpful

00:05:46.734 --> 00:05:48.970
as we study the various disputes

00:05:48.970 --> 00:05:51.423
over state versus federal powers

00:05:51.423 --> 00:05:53.154
throughout American history

00:05:53.154 --> 00:05:56.871
and how it is decided on
by say the Supreme Court

00:05:56.871 --> 00:05:58.870
when they cite the constitution

00:05:58.870 --> 00:06:00.842
and in particular cite some of the clauses

00:06:00.842 --> 00:06:02.460
that we have just looked at.


Federalism in the United States

WEBVTT
Kind: captions
Language: en

00:00:00.296 --> 00:00:01.741
- [Instructor] What we're
going to do in this video

00:00:01.741 --> 00:00:04.297
is talk about the idea of federalism,

00:00:04.297 --> 00:00:06.926
which is core to the
United States government.

00:00:06.926 --> 00:00:09.675
Now federalism, the word originates,

00:00:09.675 --> 00:00:13.068
its root comes from the Latin word foedus,

00:00:13.068 --> 00:00:15.336
which I'm probably not
pronouncing perfectly,

00:00:15.336 --> 00:00:17.600
but it's in reference
to things like a treaty,

00:00:17.600 --> 00:00:21.280
an agreement, a contract,
a league, or a pact.

00:00:21.280 --> 00:00:23.787
And federalism you can view as a pact

00:00:23.787 --> 00:00:26.952
between a national
government and its states.

00:00:26.952 --> 00:00:30.563
It's referring to a government
that has various layers

00:00:30.563 --> 00:00:34.019
where you could have
the national government,

00:00:34.019 --> 00:00:36.201
often known as the federal government,

00:00:36.201 --> 00:00:39.251
and then you have the
states, and you're gonna have

00:00:39.251 --> 00:00:43.221
multiple states over here,
and then you could have

00:00:43.221 --> 00:00:45.594
even further layers, and in the
United States you indeed do.

00:00:45.594 --> 00:00:48.221
You have the local governments,

00:00:48.221 --> 00:00:50.868
and even within the local
you have city governments,

00:00:50.868 --> 00:00:52.464
you have county governments.

00:00:52.464 --> 00:00:56.695
The analogy that's often made
is originally the federal idea

00:00:56.695 --> 00:00:59.178
was kind of like a layered cake,

00:00:59.178 --> 00:01:03.527
so this is my best attempt at
drawing a quick layered cake,

00:01:03.527 --> 00:01:06.525
where you could view each layer

00:01:06.525 --> 00:01:08.881
as one of the layers of government.

00:01:08.881 --> 00:01:11.929
So when I cut open that
cake, maybe right over here

00:01:11.929 --> 00:01:13.341
this blue layer right over here,

00:01:13.341 --> 00:01:15.260
it's blue flavored cake,
maybe it's an ice cream cake

00:01:15.260 --> 00:01:18.058
of some kind, that might
be the federal government.

00:01:18.058 --> 00:01:20.754
Then this yellow, maybe
it's mango-flavored,

00:01:20.754 --> 00:01:23.088
that would be the state government.

00:01:23.088 --> 00:01:27.255
And then you have your
strawberry-flavored local government.

00:01:28.688 --> 00:01:32.465
That is one view of
federalism, but it turns out

00:01:32.465 --> 00:01:36.264
in the United States, especially
over the passage of time

00:01:36.264 --> 00:01:38.040
this has gotten mixed up a little bit.

00:01:38.040 --> 00:01:39.920
So even though the United
States might have started

00:01:39.920 --> 00:01:43.055
a little bit closer to something
like this layered cake,

00:01:43.055 --> 00:01:45.529
today it is more of a marble cake

00:01:45.529 --> 00:01:47.832
where the different
layers and their powers

00:01:47.832 --> 00:01:50.842
are more mixed together,
and so this is my attempt

00:01:50.842 --> 00:01:55.008
to drawing the mixing
of these various powers.

00:01:55.008 --> 00:01:57.483
And not only do they mix, they overlap.

00:01:57.483 --> 00:02:00.507
That different layers of
our federal government,

00:02:00.507 --> 00:02:02.567
some have exclusive powers,

00:02:02.567 --> 00:02:04.937
which means that's the
only layer that has them,

00:02:04.937 --> 00:02:06.061
while some of them,

00:02:06.061 --> 00:02:08.421
while sometimes there
are concurrent powers,

00:02:08.421 --> 00:02:10.742
which means these are
powers that multiple layers

00:02:10.742 --> 00:02:12.587
might actually have.

00:02:12.587 --> 00:02:15.064
Now to appreciate what these exclusive

00:02:15.064 --> 00:02:17.231
and concurrent powers are,

00:02:18.275 --> 00:02:22.204
here's a Venn diagram
that shows some of them.

00:02:22.204 --> 00:02:24.685
So on the left-hand side
right over here you have

00:02:24.685 --> 00:02:26.958
your exclusive federal powers.

00:02:26.958 --> 00:02:29.389
So in the United States,
only the federal government

00:02:29.389 --> 00:02:31.403
can coin money.

00:02:31.403 --> 00:02:35.141
You can't have money
from Texas or California.

00:02:35.141 --> 00:02:37.793
Only the federal
government can declare war,

00:02:37.793 --> 00:02:40.606
which is related to the idea
of conducting foreign affairs,

00:02:40.606 --> 00:02:44.537
which once again, only the
federal government can do.

00:02:44.537 --> 00:02:46.863
That's also related to
raising armies, once again,

00:02:46.863 --> 00:02:48.478
only the federal government.

00:02:48.478 --> 00:02:51.449
Rules of naturalization,
who becomes an immigrant,

00:02:51.449 --> 00:02:54.469
who gets a green card,
who becomes a citizen,

00:02:54.469 --> 00:02:56.345
all determined by the federal government

00:02:56.345 --> 00:02:57.657
not by the states.

00:02:57.657 --> 00:02:59.610
And the federal government regulates

00:02:59.610 --> 00:03:01.977
not just foreign affairs,
but foreign commerce,

00:03:01.977 --> 00:03:04.796
trade agreements, and how is trade done.

00:03:04.796 --> 00:03:07.095
They're regulating between the states.

00:03:07.095 --> 00:03:11.095
Now exclusive powers to the
states, they conduct elections.

00:03:11.095 --> 00:03:11.928
You might say, "Wait, wait, wait.

00:03:11.928 --> 00:03:12.761
"Hold on a second.

00:03:12.761 --> 00:03:14.249
"Aren't there federal elections?"

00:03:14.249 --> 00:03:18.104
Well it turns out, even for
election for a president,

00:03:18.104 --> 00:03:20.677
the elections are conducted
by the state government.

00:03:20.677 --> 00:03:22.437
Remember, we have the electoral college.

00:03:22.437 --> 00:03:25.404
They want to figure out who should

00:03:25.404 --> 00:03:27.766
that state's electors vote for.

00:03:27.766 --> 00:03:30.467
Establishing local governments;
what are the counties,

00:03:30.467 --> 00:03:34.532
what are the various
jurisdiction within a state?

00:03:34.532 --> 00:03:37.612
Similarly, intrastate
commerce, that's regulated

00:03:37.612 --> 00:03:39.933
by the state, about the
commerce that happens

00:03:39.933 --> 00:03:41.467
within the state.

00:03:41.467 --> 00:03:44.387
And then the Constitution
allows the states

00:03:44.387 --> 00:03:48.859
to be the main power in ratifying
constitutional amendments.

00:03:48.859 --> 00:03:51.390
The Senate and House
can propose amendments,

00:03:51.390 --> 00:03:55.363
but 3/4 of the states
have to vote to ratify

00:03:55.363 --> 00:03:57.419
constitutional amendments.

00:03:57.419 --> 00:04:00.093
Now what we see in the
middle of this Venn diagram,

00:04:00.093 --> 00:04:01.618
these are concurrent powers,

00:04:01.618 --> 00:04:03.524
which means that they are common

00:04:03.524 --> 00:04:06.087
to both federal and the state governments.

00:04:06.087 --> 00:04:09.729
You can have federal taxes
and you can have state taxes.

00:04:09.729 --> 00:04:11.010
In fact, most of us have both.

00:04:11.010 --> 00:04:14.504
There are federal laws
and there are state laws.

00:04:14.504 --> 00:04:16.605
Similarly, there's
federal law enforcement,

00:04:16.605 --> 00:04:20.895
you can think of the FBI,
Federal Bureau of Investigation,

00:04:20.895 --> 00:04:24.341
and of course you have state
police and local police.

00:04:24.341 --> 00:04:27.761
The chartering of banks, eminent domain,

00:04:27.761 --> 00:04:29.767
which we might do another
video on in the future,

00:04:29.767 --> 00:04:33.144
but this is the idea that
a government can view

00:04:33.144 --> 00:04:36.930
taking land as the interest
of the broader good

00:04:36.930 --> 00:04:39.487
in order to put down
power lines or a highway

00:04:39.487 --> 00:04:42.269
and ideally compensate the
people that it takes from

00:04:42.269 --> 00:04:44.238
if it's for the greater good.

00:04:44.238 --> 00:04:46.778
Establishing courts, you
have a federal court system

00:04:46.778 --> 00:04:49.445
and a state court system,
which we'll talk more about

00:04:49.445 --> 00:04:50.966
in future videos.

00:04:50.966 --> 00:04:53.836
And borrowing money,
they both can issue bonds

00:04:53.836 --> 00:04:55.677
if they want to have a large project

00:04:55.677 --> 00:04:58.165
or to finance their deficit.

00:04:58.165 --> 00:05:01.058
All of these things are concurrent powers.

00:05:01.058 --> 00:05:04.584
Now this list is not exhaustive
for any one of the three,

00:05:04.584 --> 00:05:07.045
for the exclusive federal
powers, the concurrent powers,

00:05:07.045 --> 00:05:08.787
I'll do this dot, dot, dot here,

00:05:08.787 --> 00:05:11.426
and the exclusive state powers.

00:05:11.426 --> 00:05:12.865
And one thing that you will see,

00:05:12.865 --> 00:05:15.214
even certain exclusive state powers,

00:05:15.214 --> 00:05:18.868
so for example, education
is for the most part

00:05:18.868 --> 00:05:21.577
considered an exclusive state
power, but then you might say,

00:05:21.577 --> 00:05:22.410
"Hold on a second.

00:05:22.410 --> 00:05:24.912
"Isn't there a federal
department of education?"

00:05:24.912 --> 00:05:27.076
I'll do that over here.

00:05:27.076 --> 00:05:29.171
And the way this is a good example

00:05:29.171 --> 00:05:30.784
of how the federal government,

00:05:30.784 --> 00:05:33.156
even when something might be more

00:05:33.156 --> 00:05:35.581
of an exclusive state power
where the federal government

00:05:35.581 --> 00:05:37.164
can still influence it.

00:05:37.164 --> 00:05:39.186
And they do that through grants.

00:05:39.186 --> 00:05:40.911
So even though the states
and local governments

00:05:40.911 --> 00:05:43.869
might run the schools, the
federal government might say,

00:05:43.869 --> 00:05:46.708
"Hey, if you do X, Y, and
Z, which we want you to do,

00:05:46.708 --> 00:05:49.431
"then we will give you more
funding for your schools,"

00:05:49.431 --> 00:05:51.789
and so that might be
motivation for the states

00:05:51.789 --> 00:05:53.794
to listen to the federal government.

00:05:53.794 --> 00:05:55.384
So I will leave you there.

00:05:55.384 --> 00:05:57.299
This is super important to understand

00:05:57.299 --> 00:05:59.854
if you want to understand
how the United States works,

00:05:59.854 --> 00:06:03.690
and frankly, most governments
in the world today.


Multiple points of influence due to separation of powers and checks and balances

WEBVTT
Kind: captions
Language: en

00:00:00.299 --> 00:00:02.096
- [Instructor] In several
videos, we have touched

00:00:02.096 --> 00:00:04.716
on the idea of separation of powers

00:00:04.716 --> 00:00:08.099
between three branches of
government in the United States.

00:00:08.099 --> 00:00:11.573
You have the legislative
branch that writes laws

00:00:11.573 --> 00:00:14.293
and decides on the budget
for the government.

00:00:14.293 --> 00:00:15.778
You have the executive branch

00:00:15.778 --> 00:00:17.891
that runs the actual government.

00:00:17.891 --> 00:00:19.386
And then you have the judicial branch

00:00:19.386 --> 00:00:22.341
that decides on the
constitutionality of laws

00:00:22.341 --> 00:00:24.079
and actions by the government

00:00:24.079 --> 00:00:27.034
as well as interprets existing laws.

00:00:27.034 --> 00:00:30.549
And connected to this idea
of separation of powers

00:00:30.549 --> 00:00:33.446
where each of these branches
are somewhat independent

00:00:33.446 --> 00:00:34.970
but not completely independent,

00:00:34.970 --> 00:00:39.399
is that they all have checks
and balances on each other.

00:00:39.399 --> 00:00:42.081
We've talked about in multiple videos,

00:00:42.081 --> 00:00:44.913
the executive can veto a
law by the legislative,

00:00:44.913 --> 00:00:47.263
the legislative can override that veto,

00:00:47.263 --> 00:00:49.079
the legislative decides on the budget

00:00:49.079 --> 00:00:51.374
that the executive has
to run the government,

00:00:51.374 --> 00:00:53.662
the judicial branch decides
on constitutionality,

00:00:53.662 --> 00:00:56.738
the executive branch decides
who is even going to become

00:00:56.738 --> 00:00:58.861
a justice in the Supreme Court.

00:00:58.861 --> 00:01:01.197
And so when you have
this separation of powers

00:01:01.197 --> 00:01:02.987
and you have this checks and balances,

00:01:02.987 --> 00:01:05.385
it provides multiple opportunities

00:01:05.385 --> 00:01:09.552
to influence policy and
the actions of government.

00:01:10.939 --> 00:01:13.460
And there's two ways that
you could view influence.

00:01:13.460 --> 00:01:15.247
You could view it as a positive thing,

00:01:15.247 --> 00:01:17.778
after all, it's government by the people,

00:01:17.778 --> 00:01:19.912
the people are sovereign
so they should be able

00:01:19.912 --> 00:01:22.257
to influence what the government does.

00:01:22.257 --> 00:01:24.654
But sometimes, a cynical view of influence

00:01:24.654 --> 00:01:26.197
is well, who gets to influence?

00:01:26.197 --> 00:01:30.221
And is it really by the people
or are there other interests,

00:01:30.221 --> 00:01:34.526
maybe driven by things like
money that have undue influence?

00:01:34.526 --> 00:01:37.463
But just to get sense of
how folks can influence

00:01:37.463 --> 00:01:39.434
or where there are points of influence is,

00:01:39.434 --> 00:01:42.184
well first, what laws get passed?

00:01:43.976 --> 00:01:45.912
or what gets funded?

00:01:45.912 --> 00:01:48.466
That's decided in the budget.

00:01:48.466 --> 00:01:50.466
Now, as an individual, as a citizen

00:01:50.466 --> 00:01:53.778
you can write letters
to your congress person,

00:01:53.778 --> 00:01:56.126
you can petition them,
you can call them up,

00:01:56.126 --> 00:01:59.688
you can show up at a
town hall that they hold

00:01:59.688 --> 00:02:01.834
in order to speak your voice.

00:02:01.834 --> 00:02:04.401
But there's also interest groups.

00:02:04.401 --> 00:02:06.741
Now interest groups could be
corporate interest groups,

00:02:06.741 --> 00:02:11.100
they could be unions,
they could be professions,

00:02:11.100 --> 00:02:13.213
and these interest groups will often times

00:02:13.213 --> 00:02:16.856
also lobby congress in order to influence

00:02:16.856 --> 00:02:18.687
what gets funded or the laws

00:02:18.687 --> 00:02:21.227
that get passed or don't get passed.

00:02:21.227 --> 00:02:24.408
And the word lobbying
really is just this idea

00:02:24.408 --> 00:02:27.517
of trying to influence the government.

00:02:27.517 --> 00:02:31.032
Now a major way, a
major point of influence

00:02:31.032 --> 00:02:35.104
in the United States is
when there are elections.

00:02:35.104 --> 00:02:37.826
Who actually gets elected.

00:02:37.826 --> 00:02:40.538
And so you can imagine, there
could be direct support,

00:02:40.538 --> 00:02:42.570
endorsement for different candidates,

00:02:42.570 --> 00:02:44.470
money, especially with mass media,

00:02:44.470 --> 00:02:46.360
becoming more and more important,

00:02:46.360 --> 00:02:49.195
becomes a bigger and
bigger part of elections.

00:02:49.195 --> 00:02:51.642
So you can donate at an individual level

00:02:51.642 --> 00:02:55.320
or you often see now, and this
is a very controversial area

00:02:55.320 --> 00:02:57.880
where there's heated
debates on to what degree

00:02:57.880 --> 00:03:00.094
large donations can be made,

00:03:00.094 --> 00:03:03.223
to what degree corporations
can influence elections,

00:03:03.223 --> 00:03:05.255
but who gets elected is perhaps

00:03:05.255 --> 00:03:09.014
the biggest lever on our government.

00:03:09.014 --> 00:03:12.498
For example, even if your
main concern is judicial

00:03:12.498 --> 00:03:14.470
and the judicial is the one branch

00:03:14.470 --> 00:03:16.408
that is most immune from elections,

00:03:16.408 --> 00:03:18.473
Supreme Court justices are not elected,

00:03:18.473 --> 00:03:20.005
they are appointed by the president

00:03:20.005 --> 00:03:22.118
with approval from the senate.

00:03:22.118 --> 00:03:25.381
But if you did care who is
going to be in the judiciary,

00:03:25.381 --> 00:03:27.473
well there, there would
be a strong motivation

00:03:27.473 --> 00:03:30.013
to influence who is going to be president

00:03:30.013 --> 00:03:31.789
and then even once they are president,

00:03:31.789 --> 00:03:34.289
there might be some
influence, some lobbying,

00:03:34.289 --> 00:03:37.124
on who they appoint to the judiciary.

00:03:37.124 --> 00:03:39.266
If a law gets passed by congress,

00:03:39.266 --> 00:03:40.626
there's still another outlet.

00:03:40.626 --> 00:03:44.537
You could petition the
executive to veto that law.

00:03:44.537 --> 00:03:46.044
So I'll leave you there.

00:03:46.044 --> 00:03:48.084
The main takeaway from this is

00:03:48.084 --> 00:03:49.791
that because of these checks and balances

00:03:49.791 --> 00:03:52.522
and separation of powers,
there's multiple levers

00:03:52.522 --> 00:03:54.321
of influence in the government

00:03:54.321 --> 00:03:56.128
and I've just touched on a few on them.

00:03:56.128 --> 00:03:58.465
An interesting thing to
always think about is

00:03:58.465 --> 00:04:02.164
how much of our current
levers of influence,

00:04:02.164 --> 00:04:05.697
especially as they exist today
in our modern government,

00:04:05.697 --> 00:04:08.169
how much of this was
intended by the founders

00:04:08.169 --> 00:04:11.265
of our country, the authors
of the Constitution,

00:04:11.265 --> 00:04:13.072
and how much is based on things

00:04:13.072 --> 00:04:14.761
that we could have never predicted?

00:04:14.761 --> 00:04:16.711
They could've never predicted
the size of the country?

00:04:16.711 --> 00:04:20.113
They could've never predicted
the influence of mass media?

00:04:20.113 --> 00:04:21.953
They could've never perhaps predicted

00:04:21.953 --> 00:04:23.393
the influence of money?

00:04:23.393 --> 00:04:24.638
Who knows.

00:04:24.638 --> 00:04:27.304
I will leave you with that question.


Impeachment

WEBVTT
Kind: captions
Language: en

00:00:00.587 --> 00:00:01.964
- [Instructor] What
we're going to focus on

00:00:01.964 --> 00:00:05.735
in this video is the idea of impeachment,

00:00:05.735 --> 00:00:08.705
what it is and how it
works, with a little bit

00:00:08.705 --> 00:00:10.233
of historical background.

00:00:10.233 --> 00:00:11.838
So, before we go into impeachment,

00:00:11.838 --> 00:00:15.343
let's just review some key
ideas about the US government.

00:00:15.343 --> 00:00:17.724
We have this idea of separation of powers.

00:00:17.724 --> 00:00:20.236
Where you have these
three, somewhat independent

00:00:20.236 --> 00:00:21.462
branches of government.

00:00:21.462 --> 00:00:22.595
You have the Executive Branch,

00:00:22.595 --> 00:00:24.734
headed by the President
of the United States,

00:00:24.734 --> 00:00:28.276
in charge of running the
state, running the government.

00:00:28.276 --> 00:00:30.917
You have the Legislative Branch,

00:00:30.917 --> 00:00:33.903
which in the United States has two houses,

00:00:33.903 --> 00:00:35.547
you have the House of Representatives

00:00:35.547 --> 00:00:37.507
and you have the Senate.

00:00:37.507 --> 00:00:39.443
And it's in charge of passing laws

00:00:39.443 --> 00:00:42.622
and deciding on the budget
that the government,

00:00:42.622 --> 00:00:47.195
that the Executive Branch
uses to run the government.

00:00:47.195 --> 00:00:49.369
And we have the Judicial Branch,

00:00:49.369 --> 00:00:51.869
which is the US Supreme Court.

00:00:53.799 --> 00:00:56.486
And related to this idea
of separation of powers,

00:00:56.486 --> 00:00:58.191
they're not completely independent,

00:00:58.191 --> 00:00:59.855
but it's designed to be in a way

00:00:59.855 --> 00:01:02.961
that not one group or no one
group can overrun the others.

00:01:02.961 --> 00:01:05.445
And what helps them do this is this idea

00:01:05.445 --> 00:01:08.018
of checks and balances.

00:01:08.018 --> 00:01:11.626
That for example, the
Legislative can pass a law,

00:01:11.626 --> 00:01:14.509
but the Executive Branch can veto it,

00:01:14.509 --> 00:01:17.996
but the Legislative
can override that veto.

00:01:17.996 --> 00:01:20.881
You have the Judicial
Branch that can decide on

00:01:20.881 --> 00:01:24.619
the constitutionality of a law
that the Legislative Branch

00:01:24.619 --> 00:01:27.895
passes or even an action that
the Executive Branch takes.

00:01:27.895 --> 00:01:30.436
And it can even interpret the laws

00:01:30.436 --> 00:01:32.278
that have already been passed.

00:01:32.278 --> 00:01:36.263
The Executive Branch can
appointment the members

00:01:36.263 --> 00:01:38.456
of the US Supreme Court.

00:01:38.456 --> 00:01:41.187
So, you see this idea
of checks and balances.

00:01:41.187 --> 00:01:43.408
And perhaps the biggest check

00:01:43.408 --> 00:01:47.575
that the Legislative Branch
has, is the idea of impeachment.

00:01:48.457 --> 00:01:49.938
So what is it?

00:01:49.938 --> 00:01:53.049
So, some people believe, or
are under the impression,

00:01:53.049 --> 00:01:55.094
that impeachment is, if
someone gets impeached

00:01:55.094 --> 00:01:58.176
they are removed from
office, that is not the case.

00:01:58.176 --> 00:02:01.178
Impeachment is really a formal accusation,

00:02:01.178 --> 00:02:04.320
in legal terms you might
hear the word indictment.

00:02:04.320 --> 00:02:07.153
Indictment is a formal accusation.

00:02:08.134 --> 00:02:10.503
And so if the US House of Representatives

00:02:10.503 --> 00:02:14.020
with the majority vote decides
to make a formal accusation

00:02:14.020 --> 00:02:16.588
against, say, the President,
that would be impeachment.

00:02:16.588 --> 00:02:19.794
But even if that passes,
then the Senate will try

00:02:19.794 --> 00:02:24.107
the President, to decide if
they will actually be convicted.

00:02:24.107 --> 00:02:26.830
So, once the indictment happens
and this would be the House

00:02:26.830 --> 00:02:30.672
that does this with
just a simple majority,

00:02:30.672 --> 00:02:34.875
then the Senate, so this is
the Senate right over here,

00:02:34.875 --> 00:02:39.568
they're going to decide whether
to convict the individual,

00:02:39.568 --> 00:02:42.874
which could be the President,
or they might acquit,

00:02:42.874 --> 00:02:46.330
which is saying that formal
accusation is not valid.

00:02:46.330 --> 00:02:48.586
Now another thing to appreciate is,

00:02:48.586 --> 00:02:51.165
the Senate can't send
the President to jail,

00:02:51.165 --> 00:02:54.163
but what they can do is
remove them from office

00:02:54.163 --> 00:02:56.734
and keep them from holding
office in the future.

00:02:56.734 --> 00:03:00.003
Now historically, only two
President have been impeached.

00:03:00.003 --> 00:03:03.090
This right over here is a
drawing of the impeachment

00:03:03.090 --> 00:03:07.414
proceedings for President
Andrew Johnson in 1869,

00:03:07.414 --> 00:03:09.507
17th President of the United States.

00:03:09.507 --> 00:03:11.711
And he was impeached,

00:03:11.711 --> 00:03:15.185
which means the House of
Representatives, had a majority

00:03:15.185 --> 00:03:19.314
saying that he did a high
crime and misdemeanor,

00:03:19.314 --> 00:03:21.401
and we'll talk more about
that in a little bit.

00:03:21.401 --> 00:03:23.576
Which officially by doing that indictment

00:03:23.576 --> 00:03:25.911
that made it an impeachment,

00:03:25.911 --> 00:03:27.513
so he has been officially impeached.

00:03:27.513 --> 00:03:30.577
They claim that he violated
the Tenure of Office Act,

00:03:30.577 --> 00:03:34.564
which prevented the President
from firing cabinet members

00:03:34.564 --> 00:03:36.551
without congressional permission,

00:03:36.551 --> 00:03:38.789
but he decided to fire
his Secretary of War,

00:03:38.789 --> 00:03:40.331
which is now called the
Secretary of Defense,

00:03:40.331 --> 00:03:43.407
without congressional approval
and so they impeached him.

00:03:43.407 --> 00:03:46.620
But he did not get
convicted, he was acquitted,

00:03:46.620 --> 00:03:50.325
the Senate was not able to
get the two-thirds majority.

00:03:50.325 --> 00:03:54.514
The other President to be
impeached is much more recent.

00:03:54.514 --> 00:03:57.503
This is President Bill Clinton in 1998,

00:03:57.503 --> 00:04:00.942
the US House of Representatives
with a simple majority

00:04:00.942 --> 00:04:04.308
was able to impeach him on accusations

00:04:04.308 --> 00:04:07.143
of obstruction of justice,
so that you can imagine

00:04:07.143 --> 00:04:10.243
is something that prevents
a prosecutor from, say,

00:04:10.243 --> 00:04:13.791
finding information and perjury,
which is lying under oath.

00:04:13.791 --> 00:04:16.482
But once again, even
though he was impeached,

00:04:16.482 --> 00:04:18.553
when it went to the Senate,
they weren't able to get

00:04:18.553 --> 00:04:22.653
the two-thirds super majority,
to remove him from office.

00:04:22.653 --> 00:04:25.016
So, neither of them, even
though they were both impeached,

00:04:25.016 --> 00:04:26.916
were actually removed from office.

00:04:26.916 --> 00:04:29.791
The closest that a President
actually got removed

00:04:29.791 --> 00:04:32.428
from office from something
that was like impeachment

00:04:32.428 --> 00:04:33.757
was Richard Nixon.

00:04:33.757 --> 00:04:36.255
Richard Nixon was about to be impeached,

00:04:36.255 --> 00:04:38.465
but he resigned instead
of having to go through

00:04:38.465 --> 00:04:40.412
the impeachment proceedings

00:04:40.412 --> 00:04:42.840
and then possibly getting convicted.

00:04:42.840 --> 00:04:45.566
But to really appreciate
what impeachment is,

00:04:45.566 --> 00:04:48.338
let's just go straight
to the original text

00:04:48.338 --> 00:04:49.758
in the Constitution.

00:04:49.758 --> 00:04:52.811
This is from Article
I, Section 2, Clause 5,

00:04:52.811 --> 00:04:55.623
The House of Representatives shall chuse,

00:04:55.623 --> 00:04:58.258
and this is actually how
they spelled the word choose

00:04:58.258 --> 00:04:59.293
in the Constitution.

00:04:59.293 --> 00:05:01.181
The House of Representatives
shall chuse their Speaker

00:05:01.181 --> 00:05:03.138
and other Officers;

00:05:03.138 --> 00:05:06.888
and shall have the sole
Power of Impeachment.

00:05:08.184 --> 00:05:11.364
The Senate shall have the sole Power

00:05:11.364 --> 00:05:13.544
to try all Impeachments.

00:05:13.544 --> 00:05:16.562
So, once again the impeachment
is just the formal accusation

00:05:16.562 --> 00:05:19.625
it actually gets tried by the Senate

00:05:19.625 --> 00:05:22.039
to decide if the person is actually guilty

00:05:22.039 --> 00:05:24.275
of that accusation.

00:05:24.275 --> 00:05:26.690
When sitting for that Purpose,

00:05:26.690 --> 00:05:29.357
they shall be on Oath or Affirmation.

00:05:29.357 --> 00:05:31.359
When the President of the
United States is tried,

00:05:31.359 --> 00:05:34.630
the Chief Justice shall preside.

00:05:34.630 --> 00:05:36.912
So, once again, we often
associate impeachment

00:05:36.912 --> 00:05:39.143
with the President, but
this is making clear

00:05:39.143 --> 00:05:41.369
it's not just about
impeaching the President.

00:05:41.369 --> 00:05:43.861
When it is the President,
who's being tried,

00:05:43.861 --> 00:05:46.123
it would be the Chief Justice who presides

00:05:46.123 --> 00:05:49.481
over the proceedings, in the Senate.

00:05:49.481 --> 00:05:51.378
And no Person shall be convicted

00:05:51.378 --> 00:05:54.059
without the Concurrence of two thirds

00:05:54.059 --> 00:05:56.131
of the Members present.

00:05:56.131 --> 00:05:58.715
So, in the House, if
they can get to over 50%,

00:05:58.715 --> 00:06:00.483
then the accusation is formal,

00:06:00.483 --> 00:06:02.320
the person is essentially being indicted,

00:06:02.320 --> 00:06:04.152
which is called impeachment,
but they're not going to

00:06:04.152 --> 00:06:06.380
be convicted without two
thirds of the Senate.

00:06:06.380 --> 00:06:09.055
I encourage you to think
about why the threshold

00:06:09.055 --> 00:06:10.151
here is higher.

00:06:10.151 --> 00:06:12.010
Why the founders of our country decided

00:06:12.010 --> 00:06:14.019
to make this threshold two thirds instead

00:06:14.019 --> 00:06:15.391
of a simple majority.

00:06:15.391 --> 00:06:19.097
Judgment in Cases of
impeachment shall not extend

00:06:19.097 --> 00:06:21.184
further than to removal from Office,

00:06:21.184 --> 00:06:23.965
and disqualification to hold and enjoy any

00:06:23.965 --> 00:06:28.191
Office of honor, Trust, or
Profit under the United States:

00:06:28.191 --> 00:06:31.075
but the Party convicted
shall nevertheless be liable

00:06:31.075 --> 00:06:35.570
and subject to Indictment,
Trial, Judgment and Punishment,

00:06:35.570 --> 00:06:36.914
according to the Law.

00:06:36.914 --> 00:06:39.810
So, here they're saying, the
most that the Senate can do,

00:06:39.810 --> 00:06:41.941
through the impeachment proceedings

00:06:41.941 --> 00:06:44.718
is remove them from office
and maybe prevent them

00:06:44.718 --> 00:06:46.713
from holding any other office,

00:06:46.713 --> 00:06:49.008
but they can't send them to jail,

00:06:49.008 --> 00:06:52.161
the same way the traditional
legal system could.

00:06:52.161 --> 00:06:54.793
But if someone really did commit a crime,

00:06:54.793 --> 00:06:57.799
they still will be subject to
the traditional legal system.

00:06:57.799 --> 00:07:00.854
Finally, we see here in Article II,

00:07:00.854 --> 00:07:04.403
The President, Vice President,
and all civil Officers

00:07:04.403 --> 00:07:07.454
of the United States, shall
be removed from Office on

00:07:07.454 --> 00:07:10.792
Impeachment for, and Conviction
of, Treason, Bribery,

00:07:10.792 --> 00:07:14.693
or other high Crimes and Misdemeanors.

00:07:14.693 --> 00:07:17.387
And there's actually two
points of ambiguity here.

00:07:17.387 --> 00:07:21.156
Who falls under all civil
officers of the United States?

00:07:21.156 --> 00:07:23.391
Does a member of congress
fall into that category?

00:07:23.391 --> 00:07:25.235
This is actually a matter of some debate.

00:07:25.235 --> 00:07:27.425
And what is a high crime and misdemeanor?

00:07:27.425 --> 00:07:31.051
Most people understand what
treason and bribery are.

00:07:31.051 --> 00:07:33.911
But what is a high crime and misdemeanor?

00:07:33.911 --> 00:07:35.614
And this has been subject of debate.

00:07:35.614 --> 00:07:37.975
What is an impeachable offense?

00:07:37.975 --> 00:07:41.085
And to answer that question,
I'll leave you with a quote

00:07:41.085 --> 00:07:44.666
from Gerald Ford, who became
President when Richard Nixon

00:07:44.666 --> 00:07:47.015
resigned because he was
about to be impeached

00:07:47.015 --> 00:07:49.780
and this is what he had to say.

00:07:49.780 --> 00:07:52.438
"An impeachable offense is
whatever a majority of the

00:07:52.438 --> 00:07:55.075
"House of Representatives
considers it to be at a given

00:07:55.075 --> 00:07:56.535
"moment in history;

00:07:56.535 --> 00:07:58.727
"conviction results from whatever offense

00:07:58.727 --> 00:08:02.019
"or offenses two-thirds of
the other body," the Senate,

00:08:02.019 --> 00:08:05.672
"considers to be sufficiently
serious to require removal

00:08:05.672 --> 00:08:07.302
"of the accused from office."

00:08:07.302 --> 00:08:10.006
So, he's taking a very
pragmatic stance here.

00:08:10.006 --> 00:08:13.052
You have this notion of high
crimes and misdemeanors,

00:08:13.052 --> 00:08:13.885
what does that mean?

00:08:13.885 --> 00:08:15.144
And Gerald Ford is saying, well,

00:08:15.144 --> 00:08:17.711
whatever the House of
Representatives thinks that means.

00:08:17.711 --> 00:08:19.604
And so an interesting question is,

00:08:19.604 --> 00:08:21.772
how susceptible does this make the notion

00:08:21.772 --> 00:08:23.971
of impeachment to politics?

00:08:23.971 --> 00:08:25.702
And is that okay?

00:08:25.702 --> 00:08:28.080
And maybe the founders of
our country recognized that

00:08:28.080 --> 00:08:30.013
and that's why they had a higher threshold

00:08:30.013 --> 00:08:33.738
for actual conviction and
removal of office in the Senate.