Episode 012 Show Notes

In our twelth episode, Eric & Mike discuss current Executive Orders from Chairman Mau-bama, more broken voting systems, martial law (coming to a town near you!), and useless solar programs. They also discuss the enumerated powers from section eight of Article I. The Prep School lesson is about jerky (yep...that's right, the "tasty snack").


Executive Order of 3/16/12

Washington DC voting snafu ..and how U of M college kids broke the system

NSA opens new crypto center

Obama ratings

Solar Swindle

Article I Section 8

  1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
  2. To borrow money on the credit of the United States;
  3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
  4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
  5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; (NOTE: they said “coin”, not “print”)
  6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  7. To establish Post Offices and Post Roads;
  8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  9. To constitute Tribunals inferior to the supreme Court;
  10. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
  11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
  12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
  13. To provide and maintain a Navy;
  14. To make Rules for the Government and Regulation of the land and naval Forces;
  15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
  16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
  17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
  18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


Relative to Clause 1:

US v Butler (297 US 1 – 1936)

  • Did the Agricultural Adjustment Act of 1933 conflict with the Constitution?
  • The Act was to create a “floor tax” for trading cotton. There was to be a limit on cotton production and taxes would be imposed on amounts over this limit.
  • Butler contended that the regulation of crop production was a state issue and therefore the legislation was unconstitutional.
    • The Act invades the reserved powers of the States.
    • Regulation and control of agricultural production are beyond the powers delegated to the Federal Government.
    • The power of taxation, which is expressly granted to Congress, may be adopted as a means to carry into operation another power also expressly granted, but not to effectuate an end which is not within the scope of the Constitution.

The Butler Case reference

State of OK v US Civil Service Commission (330 US 127 -- 1947)

  • The Hatch Act of 1939 barred federal employees from engaging in any political activity, either during working hours or non-working hours
  • The Oklahoma State Highway Commission had received federal to build roads. An employee of the State Highway Commission was also chairman of a committee of a political party. The Civil Service Commission said that the employee's conduct was in violation of the Hatch Act and demanded that the employee be fired,otherwise, the Civil Service Commission wanted to withhold all federal highway funds from the state of Oklahoma.
  • “While the US is not concerned with, and had no power to regulate local political activities as such of State officials, it does have power to fix the terms upon which its money allotments to States shall be disbursed.”

OK v UCSC reference

RELATIVE TO CLAUSE 3: (commerce clause):

  • To prevent individual states from tying up interstate trade.
  • “There was a long period (last half of the 19th Century) in the Court’s history when a majority of the Justices, seeking to curb the regulatory powers of the Federal Government by various means, held that certain things were not encompassed by the commerce clause because they were either not interstate commerce or bore no sufficient nexus to interstate commerce. Thus, at one time, the Court held that mining or manufacturing, even when the product would move in interstate commerce, was not reachable under the commerce clause” (http://www.law.cornell.edu/anncon/html/art1frag32_user.html#art1_hd107)
  • (McCulloch v. Maryland, 17 U.S. 316, 1819)
    • Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution? {YES}
    • Does the State of Maryland have the power to tax an institution created by Congress pursuant to its powers under the Constitution? {No}
    • “Let the end be legitimate,” he wrote, “let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.” (Marshall)


Congress given this right so that it did not rest with one individual (the President) resembling a monarchy subject to the whims of an individual; but they also did not want it to be with just Congress (like the Articles of Confederation) which turned out too inefficient due to the whims of the constituency.

RELATIVE TO CLAUSES 15-16 (militia)

Houston v Moore (18, US 1 , 1820)

Organizing and providing for the militia being constitutionally committed to Congress and statutorily shared with the Executive, the judiciary is precluded from exercising oversight over the process.

Houston v Moore reference


You can download a pdf of these recipes by clicking here

Basic Homemade Beef Jerky


  • 2 pounds sirloin or flank steak, cut into 1/2 inch thick slices
  • 4 tablespoons ground black pepper
  • 1 cup soy sauce
  • 1 tablespoon cider vinegar
  • 1 teaspoon Worcestershire sauce
  • 1 teaspoon soy sauce
  • 1 teaspoon hot pepper sauce


In a large, nonporous bowl, combine the ground black pepper, soy sauce, vinegar, soy sauce, hot pepper sauce and Worcestershire sauce.Mix well and add the meat slices. Cover and refrigerate overnight.  Prepare an outdoor smoker for low heat and lightly oil grate.

Lay the meat out on the grill so that the strips do not touch. Smoke over the lowest heat on your smoker or the coolest spot on your grill. Beef jerky will be done when the edges appear dry with just a tiny bit of moisture in the middle of the pieces of meat, or about 6-8 hours.

Spicy Smoked Beef Jerky


  • 1 pound flank steak, trimmed and cut into long thin strips
  • 1/2 cup Worcestershire sauce
  • 1/2 cup soy sauce
  • 1/4 cup brown sugar
  • 4 cloves garlic
  • 2 teaspoons dried ground cayenne pepper
  • 2 teaspoons fresh ground black pepper
  • 1 teaspoon onion powder



Combine all ingredients except the meat in a resealable plastic bag and mix well. Add steak and marinate for 1 hour in the refrigerator.
Prepare smoker for a 4 hour smoke at about 150 degrees. Remove meat from marinade and lay out on a sheet of foil.

Spread out the meat evenly. Place in smoker and smoke until the surface begins to blacken, or about 3 hours. Cover the strips loosely with foil.
You want to keep the smoke off but let moisture continue to escape. Continue smoking for 1 to 2 hours more. Meat should be well dried.

Venison Jerky


  • 6-8 pounds deer meat sliced 1/8 inch thick (lean beef can be substituted)
  • 2 cups water
  • 1/3 cup Worcestershire sauce
  • 1/3 cup salt
  • 1/4 cup soy sauce
  • 1/4 cup liquid smoke
  • 1 tablespoon black pepper
  • 2 tablespoons your favorite seasoned salt
  • 1 teaspoon paprika

Combine all ingredients except the venison and the seasoned salt and paprika to make marinate.
Add meat slices and let marinate for 8-10 hours. Pat dry and spread on grill or smoker racks. Sprinkle with seasoned salt seasoning and paprika. Smoke using low heat on the smoker or grill for 6-8 hours.