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Civil Rights
Constitution Thursday - October 26, 2018 20:27 - 52 minutes - ★★★★ - 6 ratingsThis past week the Chief justice of the US Supreme Court ordered a stay in the beginning of the trial of the case, Juliana v US. this is the second time that the re has been a stay in the famous case, which seeks to force the US Government to pursue policies that would "keep warming in check." Bo...
What If Oklahoma Isn't Oklahoma Anymore?
Constitution Thursday - October 18, 2018 19:43 - 52 minutes - ★★★★ - 6 ratingsThe Congress shall have Power To ...regulate Commerce...with the Indian Tribes.... ARTICLE I, SECTION 8, CLAUSE 3 That's how it always begins. Very small. A man living in Oklahoma has a girlfriend who has an ex-boyfriend who gets into it with the man. In a gruesome crime, the ex-boyfriend is murd...
The Federal Farmer
Constitution Thursday - October 11, 2018 19:11 - 53 minutes - ★★★★ - 6 ratingsThe one thing that you can say about the federalists is that they were optimistic. They truly hoped that, truly believed that Americans would see it for what it was and grasp their liberties firmly and protect them for generations yet to come. The Anti-Federalists weren't quite so rosy in their ...
The Pentagon Papers
Constitution Thursday - October 06, 2018 19:10 - 40 minutes ★★★★ - 6 ratingsIn 1971 a Senator from Alaska began publishing classified documents known collectively as "the Pentagon papers." The ensuing kerfuffle tested the limits of Article 1 Section 6. Dave & john take a look at the Constitution and The Pentagon Papers
Exopsed Breats and Buttocks
Constitution Thursday - October 04, 2018 19:30 - 53 minutes - ★★★★ - 6 ratingsAfter recent school shootings, the proposal was made to raise the age for purchasing guns to twenty-one. in at least two cases, challenges were filed and in at least one of those, the challenge was upheld as the practice was seen as being in violation of equal protection and various State laws. ...
Double Jeopardy
Constitution Thursday - September 27, 2018 19:30 - 52 minutes - ★★★★ - 6 ratingsIn recent days, we have watched the debate over the nomination of a Supreme Court Justice. While the debate rages around things such as abortion, gay rights, women's rights, and so forth, the single fact remains that these things are rarely the meat and potatoes of what the Supreme Court does. Al...
The Caine Mutiny
Constitution Thursday - September 13, 2018 19:00 - 53 minutes - ★★★★ - 6 ratingsWhen the USS Caine, a fictional minesweeper in WWII, was in danger of foundering in a hurricane, the Executive Offer, with the encouragement of the Wardroom, relieved the CO and "saved" the ship. It was a clear cut case of mutiny, and as such a Court Martial would be required to resolve the matte...
The 4th Branch of Government
Constitution Thursday - September 06, 2018 19:00 - 52 minutes - ★★★★ - 6 ratingsOne of the myths about the Constitution is that The Federalist Papers are a commentary, like Matthew Henry's, on the Constitution. They are not. They are simply and only a passionate written argument in favor of ratification of the Constitution. That doesn't mean that they are not without merit ...
Taking a 5th of History
Constitution Thursday - August 29, 2018 20:00 - 52 minutes - ★★★★ - 6 ratingsJames Madison once wrote that "A Government is instituted to protect property of every sort...This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own." So what happens when a government, other then the national government, th...
A Republican Form of Government
Constitution Thursday - July 19, 2018 20:00 - 53 minutes - ★★★★ - 6 ratingsA few years ago there was a wonderful show on TV, "How the States got Their Shapes." Host Brian Unger takes you around the country and looks at.... well... how the states got their shapes. It's all based on the book of the same name (HERE). For what it's worth, the show is better than the book, b...
The Trump Pardon
Constitution Thursday - June 05, 2018 20:00 - 56 minutes - ★★★★ - 6 ratingsOn Constitution Thursday we delve into the statement by the current President to the effect that he could pardon himself, were such a pardon were actually needed. It isn't as clear-cut as you might want it to be - from a Constitutional viewpoint. But I would think that from a political viewpoint...
The Case of the Danbury Cafeteria
Constitution Thursday - May 31, 2018 00:10 - 57 minutes - ★★★★ - 6 ratingsIn Danbury, Connecticut, the local Baptist congregation is deeply concerned about the ability to freely practice their religion. Sure, the Constitution says they can, but those words are only as good as the men who uphold them. They are pleased that Thomas Jefferson, a well-known fighter for reli...
De Minimis Harms
Constitution Thursday - May 25, 2018 00:13 - 57 minutes - ★★★★ - 6 ratingsIn a ruling that surprised absolutely nobody - with the possible exception of the President himself - the Southern District of New York ruled that the President cannot block people on Twitter. Shocker. Let's spend Constitution Thursday digging into this and seeing what other things it might end...
Federalism Is Good For Liberals Too
Constitution Thursday - May 18, 2018 00:15 - 57 minutes - ★★★★ - 6 ratingsIt's Constitution Thursday, and we take a look at Federalism and its evolution in The United states under the Constitution. What seemed at first to be a pretty clear distinction between state and Federal powers, has slowly morphed into a whole lot more Federal and less State. And the journey to g...
The Saxbe Fix
Constitution Thursday - March 15, 2018 20:25 - 41 minutes - ★★★★ - 6 ratingsAfter their experience in the American revolution and years of watching Kings buy their way to policy, the Framers believed that a simple and even elegant solution was to simply ban the ability of a single person to hold Office both civilly and in the government. Makes sense, right? So how did w...
Youth Were Never More Sawcie
Constitution Thursday - March 09, 2018 03:29 - 47 minutes - ★★★★ - 6 ratingsLive broadcast of Constitution Thursday looks at the limits of the 26th Amendment in the light of calls for raising the purchase age of guns to 21
The Jury Question
Constitution Thursday - May 18, 2017 14:00 - 30 minutes - ★★★★ - 6 ratingsMany years ago, back in the 1970's, you could, on rare occasions, actually learn something watching a TV crime drama. And so it was that way back when, Dave watched an episode of Quincy, M.E., during which he learned a fact about how Jury trials can work that he retains even today. That single fa...
Safety in Numbers
Constitution Thursday - April 06, 2017 14:00 - 30 minutes - ★★★★ - 6 ratingsAs the debates rolled on, the nation considered many elements of the proposed Constitution. In Rhode Island there was grave concern over the idea that the State would not be able to print its own paper currency. In Virginia the Kentucky Counties worried about the navigational rights on the Missis...
Googling for Guilty
Constitution Thursday - March 23, 2017 17:39 - 30 minutes - ★★★★ - 6 ratingsImagine for the moment that you are living in Small Town, USA. Your life is pretty normal and while there are things about your life that you wouldn't want people to know, you aren't a pervert or a criminal. You're just a average person when it comes to your private life and your online activitie...
The 1st Amendment Right To Be An A**hole
Constitution Thursday - March 16, 2017 21:32 - 30 minutes - ★★★★ - 6 ratingsIn 44bce, following the death of Julius Cæsar, Mark Anthony wasn't really impressing people in Rome with his leadership and management. Despite his inspiring speech at Cæsars funeral pyre, he was basically making a pigs breakfast of things. Opposing him was Cicero. Here was a Constitutionalist, ...
The Muckrackers
Constitution Thursday - March 02, 2017 17:05 - 30 minutes - ★★★★ - 6 ratingsWhen we hear the term "muck raking," we almost automatically go in our heads to politicos and specifically those who "report" on politicians and their antics. There's a good reason why we associate the phrase that way. And much of it goes back to the 1st decade of the 20th Century, when calls in ...
The Apotheosis of Washington
Constitution Thursday - March 01, 2017 20:57 - 30 minutes - ★★★★ - 6 ratingsOne of the things that I believe we (corporately, not you specifically) have lost connection with in our history, is that our Framers and Founders were people, not demigods (Thomas Jefferson notwithstanding). In 1865, George Washington will be featured in a painting that is hung in the dome of th...
The Kolbe Syllogism
Constitution Thursday - February 23, 2017 23:20 - 30 minutes - ★★★★ - 6 ratingsThis week the 4th Circuit Court, ruling en banc, ruled that a Maryland State law banning "assault weapons" is Constitutional. The Court ruled that those weapons were "military" in nature and therefore they are not covered by the restrictions of the 2nd Amendment. Conservatives are outraged. Prog...
February 19, 1788 - Fishkill, NY
Constitution Thursday - February 19, 2017 10:06 - 30 minutes - ★★★★ - 6 ratingsIn 1788, Fishkill, New York, was a well known and important city, having once served as the Capitol of New York State. It was also the home of the largest supply depot of the Continental Army. And Fishkill had its own newspaper, The New York Packet, later known as Louden's New York Packet. It wa...
Plenary Power
Constitution Thursday - February 15, 2017 05:03 - 30 minutes - ★★★★ - 6 ratingsOn Monday, Judge Leonie Brinckema, a Federal Appeals Judge in Virginia, issued an injunction against President Trumps Immigration Executive Orders on the basis that they are in fact, a Muslim Ban. The Government has argued that the doctrine of Plenary Powers over National Security and Immigratio...
Judicial Review
Constitution Thursday - February 11, 2017 05:00 - 30 minutes - ★★★★ - 6 ratingsSay the words, "Judicial Review" to most Talk Radio Show Hosts and you get to watch them go ballistic as they explain why judicial activists are ruining the country. In recent days we have seen a whole lot of this argument, as the 9th Circuit Court upheld a stay against the Immigration Executive...
Excessive Bail
Constitution Thursday - February 10, 2017 04:57 - 30 minutes - ★★★★ - 6 ratingsExcessive bail shall not be required, nor excessive fines imposed... 8th Amendment In recent days, members of the California State Senate and Assembly have made the reformation of the Bail system a "Legislative Priority" in the State. Their reasoning is that on any given day, 63% of the people h...
July 4, 1788
Constitution Thursday - July 08, 2016 00:33 - 30 minutes - ★★★★ - 6 ratingsJuly 4, 1788 - In Providence the local Federalists have set up a giant barbecue to celebrate both the Independence Day holiday and to read aloud the proposed Constitution. There is little hope that Rhode Island will quickly ratify the Constitution, in fact, as of today, there hasn't been any move...
New Hampshire
Constitution Thursday - June 23, 2016 22:26 - 30 minutes - ★★★★ - 6 ratingsIn the summer of 2016, the idea that an election could be "rigged" didn't really surprise anybody. At the same time, it also allowed Americans of all political stripes to act like Captain Renault and feign shock at the idea that American democracy could be so callously and easily manipulated. Ne...
Liberty of Conscience - Virginia Part 1
Constitution Thursday - June 02, 2016 15:30 - 30 minutes - ★★★★ - 6 ratingsOf all the states that - even for a fleeting moment - thought that they might be able to go their own way and reject the Constitution, Virginia is probably the only one that realistically had a chance of success. But Virginia is also the center of The Enlightenment in America; and it is her leade...
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