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  2. Constitution Breakdown #3: Sen. Elizabeth Warren
Constitution Breakdown #3: Sen. Elizabeth Warren

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible · Oct 31, 2025

An analysis of Article 1, focusing on Congress's powers to tax, spend, and regulate commerce, and the erosion of the power of the purse.

The Federal Government's Power to Regulate Immigration Isn't Actually in the Constitution

The Constitution lacks an "immigration clause." The Supreme Court established this authority as an "inherent power" derived from national sovereignty, not specific text. This plenary power, created by judicial interpretation, is assigned to Congress.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago

The President Cannot Unilaterally Suspend Habeas Corpus; That Power Belongs to Congress

The Suspension Clause, which allows for suspending the right to challenge unlawful detention, is located in Article 1. This placement explicitly assigns the power to Congress, not the President, serving as a critical check on executive overreach during emergencies.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago

Congress Influences State Law By Attaching Conditions to Federal Funding

Congress uses its spending power to enact policies in areas where it lacks direct authority, like education or local transport. By offering "conditional spending," it creates powerful incentives for states to comply with federal standards to receive necessary funds.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago

A Near-Ratified "Missing" 13th Amendment Reveals Founders' Fear of Foreign Influence

An 1810 amendment that would strip citizenship from anyone accepting a foreign title of nobility was ratified by 12 of the required states at the time. This "Nobility Amendment" highlights the profound founding-era concern about aristocratic corruption and foreign interference.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago

Constitutional Checks Fail When One Branch Willingly Cedes Power to Another

Senator Elizabeth Warren argues that the separation of powers is not self-enforcing; it depends on each branch jealously guarding its own authority. A constitutional crisis arises when Congress becomes compliant and allows the executive branch to usurp its powers.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago

The Constitution's Commerce Clause Justifies Federal Laws on Civil Rights and Endangered Species

Article 1's power to regulate interstate commerce has been interpreted so broadly that it serves as the constitutional basis for hundreds of federal laws far beyond trade, including the Endangered Species Act and landmark civil rights legislation.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago

Congress's "Power of the Purse" Stems From Both a Granted Power and a Stated Limitation

This authority isn't from a single clause. It combines Section 8's power to spend with Section 9's *prohibition* on drawing money from the Treasury without a legislated appropriation. This limitation is what grants Congress exclusive control over federal spending.

Constitution Breakdown #3: Sen. Elizabeth Warren thumbnail

Constitution Breakdown #3: Sen. Elizabeth Warren

99% Invisible·4 months ago