Mack, Steve, and Anne debate Constitutional law and look to fix the problems of our country in our first episode of season 3.
References
What is independent?
Merriam-Webster. “Independent.” https://www.merriam-webster.com/dictionary/independent
What is justice?
https://youtu.be/wEBlaMOmKV4?si=difVAzt3cTdBuLvG
So, we have three branches:
USA.gov. “Branches of the U.S. Government.” https://www.usa.gov/branches-of-government
The power of the executive is vested in one person:
Legal Information Institute. “Executive Power.” Cornell Law School. https://www.law.cornell.edu/wex/executive_power
At the Constitutional Convention:
Office of the Historian. “Constitutional Convention and Ratification, 1787–1789.” https://history.state.gov/milestones/1784-1800/convention-and-ratification
William Paterson’s New Jersey plan:
Metych, Michele. “New Jersey Plan.” December 21, 2024. Encyclopedia Britannica. https://www.britannica.com/topic/New-Jersey-Plan
The Garden State:
NJ.gov. “Nickname.” https://www.nj.gov/nj/about/facts/nickname.shtml
Under the Virginia plan:
Metych, Michele. “Virginia Plan.” March 7, 2023. Encyclopedia Britannica. https://www.britannica.com/topic/Virginia-plan
They weren’t there:
Kratz, Jessie. “‘Rogue Island’: The last state to ratify the Constitution.” May 18, 2015. National Archives. https://prologue.blogs.archives.gov/2015/05/18/rogue-island-the-last-state-to-ratify-the-constitution/
A plural executive:
Center for the Study of the American Constitution. “The Debate Over the President and the Executive Branch.” University of Wisconsin-Madison. https://csac.history.wisc.edu/document-collections/constitutional-debates/executive-branch/
The Romans had two consuls:
The Editors of Encyclopedia Britannica. “Consul.” April 30, 2025. https://www.britannica.com/topic/consul-ancient-Roman-official
Which version of the Roman again:
National Geographic Society. “Rome’s Transition From Republic to Empire.” October 18, 2024. https://education.nationalgeographic.org/resource/romes-transition-republic-empire/
Texas has a plural executive:
Regalado, Daniel M. “The Texas Plural Executive and Bureaucracy in Texas.” https://oercommons.org/courseware/lesson/108182/student/?section=13
In case you didn’t get why we all laughed at the Attorney General of Texas:
Scherer, Jasper. “Ken Paxton Agrees to Community Service, Paying Restitution to Avoid Trial in Securities Fraud Case.” March 26, 2024. The Texas Tribune. https://www.texastribune.org/2024/03/25/ken-paxton-plea-deal-securities-fraud-felony/
The Agricultural Commissioner, you know, Sid Miller:
Texas Department of Agriculture. “Commissioner Sid Miller.” https://texasagriculture.gov/About/Commissioner-Miller
Nixon was not above the idea of having the IRS go after enemies:
Thorndike, Joseph J. “Tax History: Nixon Aide Tried to Weaponize the IRS by Pressuring the Commissioner.” March 13, 2023. Tax Notes. https://www.taxnotes.com/tax-history-project/tax-history-nixon-aide-tried-weaponize-irs-pressuring-commissioner/2023/03/10/7g45r
There’s also the issue of J. Edgar Hoover:
Talbot, Margaret. “J. Edgar Hoover, Public Enemy No. 1.” November 14, 2022. The New Yorker. https://www.newyorker.com/magazine/2022/11/21/j-edgar-hoover-public-enemy-no-1
Kissinger—copresident may be too strong a term, but it’s not far off:
Skidmore, David. “Henry Kissinger and the Seductions of Power” [Commentary]. December 2, 2023. Iowa Capital Dispatch. https://iowacapitaldispatch.com/2023/12/02/henry-kissinger-and-the-seductions-of-power/
In the organic statute:
Ballotpedia. “Organic Statute.” https://ballotpedia.org/Organic_statute
Congress passed a law saying an FBI Director will be nominated for one 10-year term:
FBI. “Directors, Then and Now.” https://www.fbi.gov/history/directors
Which is where the word comes from:
Merriam-Webster. “Dictator: Etymology.” https://www.merriam-webster.com/dictionary/dictator#word-history
The President’s emergency powers:
Brennan Center for Justice. “A Guide to Emergency Powers and Their Use.” Updated July 1, 2025. https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use
Trump fired Jim Comey:
BBC News. “FBI Chief James Comey Fired by Trump.” May 10, 2017. https://www.bbc.com/news/world-us-canada-39866170
Christopher Wray turned out to not be the FBI Director Trump thought he was going to be:
Yousif, Nadine. “FBI Director Christopher Wray to Resign Before Trump Takes Office.” December 11, 2024. BBC News. https://www.bbc.com/news/articles/ce902z8lp81o
There are more government agencies that are more independent than that:
Lehigh University. “U.S. Government Information: Independent Agencies.” Updated July 15, 2025. https://libraryguides.lehigh.edu/c.php?g=369881&p=2499296
Members of the Board of Governors of the Federal Reserve serve 14-year terms. A term begins every 2 years on February 1 of even numbered years:
Federal Reserve. “Board Members.” https://www.federalreserve.gov/aboutthefed/bios/board/default.htm
How do you select the head of NASA:
Frudenrich, Craig and Kiger, Patrick J. “Who Decides What NASA Does?” How Stuff Works. https://science.howstuffworks.com/nasa1.htm
If they’re a government official, they can be impeached and expelled:
USA.gov. “How Federal Impeachment Works.” Updated April 14, 2025. https://www.usa.gov/impeachment
Congress could, theoretically, abolish that group and has before:
Hogue, Henry B. “Abolishing a Federal Agency: The Interstate Commerce Commission.” January 10, 2024. Congress.gov. https://www.congress.gov/crs-product/R47897
There is a theory that the President can remove anybody regardless of laws passed by Congress:
Katz, Eric. “Trump Admin. Tells Judge It Can Fire at Least Some Career Feds at Any Time for Any Reason.” July 17, 2025. Government Executive. https://www.govexec.com/management/2025/07/trump-admin-tells-judge-it-can-fire-least-some-career-feds-any-time-any-reason/406797/
All of the civil service protections:
Congress.gov. “S.2640 - Civil Service Reform Act of 1978.” https://www.congress.gov/bill/95th-congress/senate-bill/2640
What’s the GAO:
U.S. Government Accountability Office. https://www.gao.gov/
Trump firing the Librarian of Congress:
Peet, Lisa. “Librarian of Congress Carla Hayden Is Fired.” May 12, 2025. Library Journal. https://www.libraryjournal.com/story/librarian-of-congress-carla-hayden-fired
Why Anne thinks Mack might be underestimating the control of the news cycle:
Mitrovica, Andrew. “How Trump Makes Us Miss the Real Story” [Opinion]. June 6, 2025. Aljazeera. https://www.aljazeera.com/opinions/2025/6/6/how-trump-makes-us-miss-the-real-story
The spoils system:
Editors of Encyclopedia Britannica. “Spoils System.” March 28, 2025. https://www.britannica.com/topic/spoils-system
Article I, Section 8, Clause 9:
Constitution Annotated. “Article I, Section 8.” https://constitution.congress.gov/browse/article-1/section-8/
Article III:
Constitution Annotated. “Article III.” https://constitution.congress.gov/constitution/article-3/
Article I, Section 8, Clause 18:
Constitution Annotated. “ArtI.S8.C18.1 Overview of Necessary and Proper Clause.” https://constitution.congress.gov/browse/essay/artI-S8-C18-1/ALDE_00001242/
An opinion from the Justice Department from the early 1970s:
Wex Definitions Team. “Indictment of Presidents.” March 2023. Cornell Law School. https://www.law.cornell.edu/wex/indictment_of_presidents
Is that in that ruling:
Garvey, Todd. “Presidential Immunity From Criminal Prosecution in Trump v. United States.” Congress.gov. https://www.congress.gov/crs-product/LSB11194
Regarding the clause about appointing ministers and consuls:
Constitution Annotated. “ArtII.S2.C2.3.1 Overview of Appointments Clause.” https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/
You would violate separation of powers:
Constitution Annotated. “Intro.7.2 Separation of Powers Under the Constitution.” https://constitution.congress.gov/browse/essay/intro.7-2/ALDE_00000031/
The Solicitor General:
Department of Justice. “Office of the Solicitor General.” https://www.justice.gov/osg
Force and effect of law:
Merriam-Webster. “Force and Effect.” https://www.merriam-webster.com/legal/force%20and%20effect
There was a state judge that was arrested:
Bauer, Scott. “Wisconsin Judge Accused of Helping Man Evade ICE Arrest Loses a Bid to Drop Charges.” August 26, 2025. AP News. https://apnews.com/article/wisconsin-judge-arrested-trump-immigration-hannah-dugan-c2371efe54f289c4a0ea8558dd6a7001
There is a concern that we are creeping in (jackbooting?) toward fascism:
Feldman, Matthew. “Scholars, Fascists Agree: Trump’s Not a Fascist, but an Opportunity.” November 5, 2024. Fair Observer. https://www.fairobserver.com/politics/scholars-fascists-agree-trumps-not-a-fascist-but-an-opportunity/
Trump has impliedly threatened:
Adeosun, Adeola. “Trump Admin Says ‘Definitely on the Table’ to Arrest Democrats Over Protest.” Updated May 11, 2025. Newsweek. https://www.newsweek.com/trump-administration-threatens-democratic-lawmakers-ice-protests-2070578
A “truth” now:
The Associated Press. “What We Know About Truth Social, Donald Trump’s Social Media Platform.” March 27, 2024. https://apnews.com/article/truth-social-donald-trump-djt-ipo-digital-world-7437d5dcc491a1459a078195ae547987
He kind of broke up with his X:
Duffy, Clare and O’Kruk, Amy. “Here’s How the Feud Between Elon Musk and Donald Trump Has Unfolded.” July 3, 2025. CNN. https://www.cnn.com/business/timeline-elon-musk-trump-x-dg
Members of Congress are privileged from arrest while Congress is in session:
Constitution Annotated. “ArtI.S6.C1.2 Privilege from Arrest.” https://constitution.congress.gov/browse/essay/artI-S6-C1-2/ALDE_00013354/
There have been members of Congress who have accepted gold bars:
Debusmann, Jr., Bernd and Yousif, Nadine. “Senator Bob Menendez Found Guilty in Bribery Scheme.” July 16, 2024. BBC News. https://www.bbc.com/news/articles/cqe6m14drgjo
ICE isn’t part of the Justice Department:
U.S. Immigrations and Customs Enforcement. “Who We Are.” https://www.ice.gov/about-ice
Homeland Security:
Department of Homeland Security. “History.” https://www.dhs.gov/history
Federal prosecutors:
Department of Justice. “Offices of the United States Attorneys.” https://www.justice.gov/usao
Assigned to every federal judicial court:
Department of Justice. “Introduction To The Federal Court System.” https://www.justice.gov/usao/justice-101/federal-courts
There were concerns about whether or not the FBI was doing everything they should during the Watergate investigation:
McDermott, Annette. “How ‘Deep Throat’ Took Down Nixon From Inside the FBI.” History.com. https://www.history.com/articles/watergate-deep-throat-fbi-informant-nixon
Article II, Section 1:
Constitution Annotated. “Article II, Section 1, Clause 1.” https://constitution.congress.gov/browse/article-2/section-1/
The CIA is independent:
Central Intelligence Agency. “About CIA—Organization.” https://www.cia.gov/about/organization/
Mack isn’t quite right on this one. The Director of the CIA reports to the Director of National Intelligence who reports to the President:
Central Intelligence Agency. “About CIA—Director of the CIA.” https://www.cia.gov/about/director-of-cia/
There’s another class of odd, quasi-governmental agencies that are even more independent. Two examples are Fannie Mae:
Federal Housing Finance Agency. “About Fannie Mae and Freddie Mac.” https://www.fhfa.gov/about/fannie-mae-freddie-mac
…and the Smithsonian:
Smithsonian. “Legal Nature of the Smithsonian.” https://www.si.edu/ogc/legalhistory
The National Gallery of Art is a corporation chartered by Congress:
National Gallery of Art. “Our History.” https://www.nga.gov/about-us/our-history
The first bank of the United States was charted by Congress:
National Park Service. “First Bank of the United States.” https://www.nps.gov/inde/learn/historyculture/places-firstbank.htm
How you can amend the Constitution:
National Archives. “Constitutional Amendment Process.” Reviewed August 15, 2016. https://www.archives.gov/federal-register/constitution
Every time but once:
NCC Staff. “Five Interesting Facts About Prohibition’s End in 1933.” December 6, 2022. National Constitution Center. https://constitutioncenter.org/blog/five-interesting-facts-about-prohibitions-end-in-1933
Like Jeff Sessions:
BBC News. “Trump Fires Attorney General Jeff Sessions.” November 8, 2018. https://www.bbc.com/news/world-us-canada-46132348
Compare him to Pam Bondi:
Frommer, Fred. “Pam Bondi.” Updated August 23, 2025. Encyclopedia Britannica. https://www.britannica.com/biography/Pam-Bondi
In statistics there are things called outliers:
Cuemath. “Outlier.” https://www.cuemath.com/data/outlier/
Sea Legs cocktail:
https://www.diffordsguide.com/cocktails/recipe/34393/sea-legs
Holy Mole cocktail:
1 part chocolate liquor
5 parts mezcal
Generous dash of cayenne
Not J. Allen Hynek:
Shortell, David. “Henry Heimlich, 96, Uses His Maneuver to Save Woman.” Updated May 27, 2016. CNN. https://www.cnn.com/2016/05/27/us/heimlich-inventor-uses-maneuver
Not Henry Heimlich:
Ott, Tim. “J. Allen Hynek.” January 22, 2020. Biography.com. https://www.biography.com/scientists/j-allen-hynek
Project Blue Book:
National Archives. “Project BLUE BOOK – Unidentified Flying Objects.” Reviewed June 25, 2024. https://www.archives.gov/research/military/air-force/ufos
Alien sighting bingo:
https://youtu.be/wqlFiTOi6QQ?si=wNkjA2hiGZ1PnMCJ
The Betty and Barny Hill case:
Dickey, Colin. “They Knew What They Had Seen.” September 11, 2023. Slate. https://slate.com/news-and-politics/2023/09/ufo-uap-encounters-betty-barney-hill.html
The Socorro, New Mexico case:
City of Socorro, New Mexico. “Socorro Landing: A UFO Story.” https://socorronm.org/location-activity/socorro-landing-a-ufo-story/
The Kelly–Hopkinsville case:
Carter, Maria. “The Eerie Story Behind the Small Town Everyone Is Flocking to for the Eclipse This Summer.” July 21, 2017. Country Living. https://www.countryliving.com/life/a44064/eclipseville-hopkinsville-ky-history/
All of the UFO classifications mentioned in this segment:
The Universal Compendium. “Classification of UFO Sightings.” https://www.universalcompendium.com/tables/phil/ufos.htm
The nocturnal lights that seemed to be in formation over Lubbock, Texas:
Addison, Brandi D. “What are the Lubbock Lights? Multiple UFO Sightings Reported in Texas Nearly 73 Years Ago.” August 23, 2024. Lubbock Avalanche-Journal. https://www.lubbockonline.com/story/news/state/2024/08/23/lubbock-lights-ufo-sightings-2024-73rd-anniversary-august-september-texas-tech/74902209007/
Radar intercepts in Washington, D.C.:
Dalphonse, Sherri. “D.C. Had Multiple UFO Sightings 71 Years Ago.” February 13, 2023. Washingtonian. https://www.washingtonian.com/2023/02/13/dc-had-multiple-ufo-sightings-71-years-ago/
The ad for Close Encounters of the Third Kind:
https://youtu.be/Fxp32VHaYdE?si=n6L6AjeDOHQa2puK
J. Allen Hynak has a cameo in the movie (be aware there are spoilers):
https://youtu.be/jRRtu_63a-M?si=TagNA03hELEw6R7w
Franҫois Truffaut, famous French actor and director:
IMDB. “Franҫois Truffaut (1932–1984).” https://www.imdb.com/name/nm0000076/
Jacques Valée, also French:
https://www.jacquesvallee.net/
There’s one by him called Night Siege:
J. Allen Hynek, Philip J. Imbrogno, and Bob Pratt. Night Siege: The Hudson Valley UFO Sightings. (Ballantine Books, 1987).
The Hynek UFO Report:
J. Allen Hynek. The Hynek UFO Report. (Barnes & Noble Books, 1997).
Decide for yourself if Roswell and Stanton Friedman are bullshit:
Gibson, Lydialyle. “Science? Fiction?” September–October 2011. The University of Chicago Magazine. https://mag.uchicago.edu/science-medicine/science-fiction
Steve is playing Kerbal Space Program:
https://www.kerbalspaceprogram.com/
The Space Shuttle computers:
IBM. “The Space Shuttle Program.” https://www.ibm.com/history/space-shuttle
Sorry, Steve, we could not find confirmation that NASA ever used pi to two decimal places. Instead, we found where this Chief Engineer says they currently use pi to the 15th decimal:
Rayman, Mark. “How Many Decimals of Pi Do We Really Need?” October 24, 2022. NASA Jet Propulsion Laboratory. https://www.jpl.nasa.gov/edu/news/how-many-decimals-of-pi-do-we-really-need/
That’s part of being tied back to Mission Control:
PBS. “The Trench: The People at Mission Control.” https://www.pbs.org/wgbh/americanexperience/features/moon-trench-people-behind-mission-control/
Slide rules, man:
Editors of Encyclopedia Britannica. “Slide Rule.” December 27, 2024. https://www.britannica.com/science/slide-rule
If you didn’t get the worm joke:
Pellish, Aaron. “RFK Jr. Details Medical Abnormality That He Says Was a Parasitic Worm in His Brain.” May 9, 2024. CNN. https://www.cnn.com/2024/05/09/politics/rfk-jr-parastic-worm-brain
If you somehow missed hearing about the Epstein files:
Geoghegan, Tom and FitzGerald, James. “What Do We Know About the Epstein Files?” August 19, 2025. BBC News. https://www.bbc.com/news/articles/c20r07dg6kro
How some Trump supporters are reacting:
Wendling, Mike. “How Epstein Case is Tearing Apart Maga’s Online Conspiracy Wing.” July 25, 2025. BBC News. https://www.bbc.com/news/articles/cdx5xzy8kn1o
Data Rescue Project:
https://www.datarescueproject.org/
Save Our Signs:
https://umn.qualtrics.com/jfe/form/SV_4VKNSNsfJuIVOIu
And the Picard maneuver is a reference to Star Trek: The Next Generation. But you already knew that.
