Even Alexander Hamilton – no opponent of big, centralized government – held a far more restrictive view of executive power on “recess appointments” than most politicians and judges today. That tells you just how far things have gone off the rails. In this episode, we’re breaking down one of the most misunderstood parts of the Constitution – the Recess Appointments Clause. We’ll cover how the Founders viewed the clause, what they meant by recess, adjournment, and happen, and three key takeaways that expose how modern practices have strayed from the Constitution’s original design.

Path to Liberty: February 3, 2025

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Constitution: Article II, Section 2, Clause 2-3

Michael Rappaport – The Original Meaning of the Recess Appointments Clause

Alexander Hamilton – Federalist 67 (11 Mar 1788)

Edmund Randolph – Opinion on Recess Appointments (7 July 1792)

Rob Natelson – The Evidence Continues to Pile Up on “Recess Appointments”

Massachusetts Constitution, Part 2, Chapter II, Section I, Article V (1780)

New Hampshire Constitution, Part 2, Article 34 (1784)

St. George Tucker – View of the Constitution of the United States (1803)

READING LIST

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The “customary weapon” to destroy freedom. That’s how George Washington described the danger of turning a blind eye to violations of the Constitution – and he wasn’t alone. The Founders warned us that every overstep, every excuse, and every precedent sets us on the dangerous path to tyranny. In this episode, we’ll dive into their long-forgotten warnings about power, precedent, and the slippery slope to tyranny.

Path to Liberty: January 29, 2025

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John Dickinson – Letters from a Farmer in Pennsylvania (1767)

St. George Tucker – View of the Constitution of the United States (1803)

James Madison – Virginia Ratifying Convention (5 June 1788)

James Otis, Jr (1762)

Episode – Arbitrary Government: How the Founders Defined Tyranny

John Dickinson – Broadside Against the Stamp Act (1765)

John Adams – Novanglus III (6 Feb 1775)

Thomas Jefferson – Opinion on the Constitutionality of the National Bank (15 Feb 1791)

Samuel Adams – Letter to Arthur Lee (4 Mar 1775)

Samuel Adams – Loyalty and Sedition – Essay in The Advertiser (1748)

Mercy Otis Warren – History of the Rise, Progress, and Termination of the American Revolution vol. 2

George Washington – Farewell Address (19 Sept 1796)

Episode – Most Important (and Ignored) Veto in History: James Madison’s Last Stand

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When government violates your right to keep and bear arms, the Founders called it an invasion of liberty. But they didn’t just complain – they gave us a strategy to resist and defeat those invaders of our most essential rights. In this episode, I’ll share their warnings and solutions, both of which have been ignored for far too long.

Path to Liberty: January 27, 2025

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Roger Sherman – Debate in the House of Representatives (1790)

Samuel Adams – The Rights of the Colonists (20 Nov 1772)

St. George Tucker – View of the Constitution of the United States (1803)

Algernon Sidney – Discourses Concerning Government (1680)

John Locke – Two Treatises (1689)

Thomas Gordon – Cato’s Letters No. 42 (26 Aug 1721)

Virginia Constitution (29 June 1776)

Samuel Adams – Letter to Arthur Lee (4 Mar 1775)

An Old Whig IV (27 Oct 1787)

Alexander Hamilton – Federalist 33 (3 Jan 1788)

Declaration and Resolves of the First Continental Congress (14 Oct 1774)

James Madison – Federalist 46 (29 Jan 1788)

James Iredell – North Carolina Ratifying Convention (28 July 1788)

Alexander Hamilton – Federalist 28 (26 Dec 1787)

Theophilus Parsons – Massachusetts Ratifying Convention (23 Jan 1788)

Roger Sherman (8 Dec 1787)

James Madison – Report of 1800

Thomas Jefferson – Letter to William Charles Jarvis (28 Sept 1820)

Patrick Henry – Virginia Ratifying Convention (5 June 1788)

John Dickinson – Letters from a Farmer in Pennsylvania (1767)

James Otis, Jr. – Freeborn American (27 Apr 1767)

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Elbridge Gerry warned that “the existence of their liberties will soon be terminated” under the Constitution without significant amendments. As one of the most active delegates at the Philadelphia Convention, Gerry ultimately refused to sign the final document. Shortly after, he wrote a letter outlining his objections to ratification, which became a highly influential Anti-Federalist essay. In this episode, we’ll explore his top objections, including ambiguous powers like the necessary and proper clause, the dangers of excessive consolidation, and more

Path to Liberty: January 24, 2025

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Maharrey – The Anti-Federalist Views of Elbridge Gerry

Elbridge Gerry’s Objections – Letter to Massachusetts Legislature (18 Oct 1787)

Montesquieu – The Spirit of Laws

Philadelphia Convention (6 June 1787)

Philadelphia Convention (12 Sept 1787)

Philadelphia Convention (15 Sept 1787)

Philadelphia Convention (8 Sept 1787)

Philadelphia Convention (23 Aug 1787)

Elbridge Gerry – Letter to James Warren (18 Oct 1787)

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An act against the Constitution is no law at all – it’s void. This principle, rooted in the American Revolution and the debates over the Constitution’s ratification, was central to President Thomas Jefferson’s response to the Sedition Act of 1798. In this episode, we explore how Jefferson’s adherence to his oath to the Constitution led him to treat this attack on freedom of speech as null and void – regardless of whether Congress, the courts, or anyone else agreed.

Path to Liberty: January 22, 2025

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Thomas Jefferson – Letter to Abigail Adams (22 July 1804)

James Otis – Arguments against the Writs of Assistance (1761)

John Adams – Argument before Governor Bernard and the Council in Favor of Opening the Courts

Thomas Jefferson – Summary View (1774)

Boldin – Thomas Jefferson’s Solution from the Revolution

Episode – Null and Void: Thomas Jefferson’s 1774 Radical Declaration

Roger Sherman (8 Dec 1787)

Oliver Ellsworth – Connecticut Ratifying Convention (7 Jan 1788)

Alexander Hamilton – Federalist 78 (28 May 1788)

Alexander Hamilton – Federalist 33 (3 Jan 1788)

Boldin – The Sedition Act of 1798: Silencing Dissent and Sparking Resistance

Pardon of David Brown (12 Mar 1801)

Thomas Jefferson – Draft of Kentucky Resolutions (before 4 Oct 1798)

Thomas Jefferson – Letter to to Edward Livingston, 1 November 1801

Thomas Jefferson – Letter to William Duane, 23 May 1801

Thomas Jefferson – Letter to Gideon Granger, 9 March 1814

Thomas Jefferson – Letter to Spencer Roane, 6 September 1819

Thomas Jefferson – Letter to Abigail Adams, 11 September 1804

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Luther Martin, the Anti-Federalist firebrand, predicted that the Constitution would lead to a national system of consolidated power that could never secure liberty. He argued this was an intentional conspiracy – a deliberate plan at the Philadelphia Convention to undermine federalism and state sovereignty. In this episode, we’ll uncover Martin’s fiery objections, his claims of a calculated scheme, his warnings about consolidation, standing armies, and more.

Path to Liberty: January 17, 2025

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Maharrey – Luther Martin’s Warning: The Constitution as a Threat to State Sovereignty

Genuine Information (29 Nov 1787)

Montesquieu – The Spirit of Laws

Episode – Alexander Hamilton’s Craziest Plan

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Civil asset forfeiture is theft. Despite the fact that a growing number of states are limiting or even ending this practice, there’s a massive loophole. A federal program called “equitable sharing” not only allows state and local law enforcement to bypass these restrictions but actively encourages it. In this episode, learn what it is and what states can do to bring it to an end.

Path to Liberty: January 15, 2025

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Maharrey – The Federal Loophole That Fuels Asset Forfeiture Nationwide

IJ – Ending Civil Forfeiture

IJ – Policing for Profit – Introduction

Comprehensive Crime Control Act of 1984

DOJ – FY2023 Equitable Sharing Payment of Cash and Sales Proceeds by Recipient Agency by State

IJ – How States Have Shrunk the Loophole

New York A1437 Report

Colorado HB1067 Report

Lysander Spooner – No Treason No VI

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“Independent of the control or interference of the federal government.” That’s how Tench Coxe described the vast majority of power under the Constitution – reserved to the states and completely off-limits to the federal government. In this episode, we’re diving into his powerful insights: specific powers reserved to the states and the limits placed on federal power. Living under the largest government in history, this 10th Amendment foundation of the Constitution is more important than ever.

Path to Liberty: January 13, 2025

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Thomas Jefferson – Opinion on the Constitutionality of the Bill for Establishing a National Bank (15 Feb 1791)

James Madison – Federalist 45 (26 Jan 1788)

James Wilson – State House Yard Speech (6 Oct 1787)

Edmund Randolph – Virginia Ratifying Convention (10 June 1788)

Alexander Hamilton – New York Ratifying Convention (28 June 1788)

John Williams – New York Ratifying Convention (21 June 1788)

George Mason – Virginia Ratifying Convention (16 June 1788)

Boldin – Bill of Rights: Forgotten Role of the 10th Amendment in Its Creation

Tench Coxe – A Freeman I (23 Jan 1788)

Maharrey – Tench Coxe: Forgotten Federalist who Helped Influence Ratification of the Constitution

Maharrey – Tench Coxe: A Detailed Breakdown of State vs. Federal Powers

Tench Coxe – A Freeman II (30 Jan 1788)

Tench Coxe – A Pennsylvanian IV (27 Feb 1788)

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January 10, 1776: Thomas Paine didn’t hold back in Common Sense. Far more than just a call for independence from Britain, it was a bold and uncompromising attack on unlimited, centralized power. In this episode, we explore some of Paine’s top principles from Common Sense – timeless lessons that remain as relevant and important today as they were over two centuries ago during the early stages of the War for Independence.

Path to Liberty: January 10, 2025

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Patrick J. Kiger – History.com

Robert McDonald – Teaching American History

Jason Mandresh – Founder of the Day

Ray Tyler – Teaching American History

Common Sense (full text)

Boldin – Common Sense: A Scathing Attack on Unlimited, Centralized Power

Episode – Mercantilism Before the Tea Party: Forgotten Grievance of the Revolution

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The 10th Amendment, peace, cutting spending and debt, and eliminating taxes – these are just a few of the key principles Thomas Jefferson outlined in his first inaugural address. Easily one of the most important presidential speeches in American history, Jefferson’s inaugural laid out a bold and clear vision: a blueprint for liberty, unity, and strictly limited government under the Constitution. In this video, we’ll dive into the context of Jefferson’s election and address, his unwavering emphasis on peace, and the 13 essential principles of his administration. Over two centuries later, his message remains more vital than ever.

Path to Liberty: January 6, 2025

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Monticello – First Inauguration

National Archives – 1800 Electoral College Results

Hamilton on the Election of 1800

Alexander Hamilton – Letter to Harrison Gray Otis (23 Dec 1800)

Jefferson’s First Inaugural – Full Text (4 Mar 1801)

David Tucker – Preserving the Common Ground of American Citizenship: Jefferson’s First Inaugural

Episode – Nullify: Thomas Jefferson’s Radical Declaration They Want You to Ignore

Episode – Militia vs Standing Army: The Founders’ View

Thomas Jefferson – Letter to Thomas Paine (11 July 1789)

Thomas Jefferson – Letter to Samuel Adams (29 Mar 1801)

Samuel Adams – Letter to Thomas Jefferson (24 Apr 1801)

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