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Constitution ThursdayCivil RightsThis 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." Both the Obama Administration and the Trump administration (which submitted a 103 page argument to the Court asking for the stay) have argued that the case is problematic, in that it violates the separation of powers in the Constitution.
The plaintiffs, supposedly a...2018-10-2652 minConstitution ThursdayWhat If Oklahoma Isn't Oklahoma Anymore?The 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 murdered, his genitals left on his chest on the side of the road. Not being a criminal mastermind, the man, Murphy, is caught. As there is little doubt and much evidence that he did it, he is tried and convicted of capital murder. The sentenced is death.
Not so fast...
The...2018-10-1852 minConstitution ThursdayThe Federal FarmerThe 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 outlook. While some were firebrands and dedicated to the idea of State Sovereignty and Confederation, more of them were pragmatic and understood that things had to be changed. But was the proposed Constitution the best way to make that change?
Perhaps the most lucid and well spoken of the...2018-10-1153 minConstitution ThursdayExopsed Breats and ButtocksAfter 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.
So now we move to the state of Louisiana. The Legislature there, deeply concerned about the well-being of young and vulnerable women who dance with exposed breasts and/or buttocks for money from patrons who must remain at least three feet away, must be twenty-one years of age...2018-10-0453 minConstitution ThursdayDouble JeopardyIn 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. Almost never are those things noticed until after the fact. indeed, very few (if any) questions of any nominee relate to them or to the understanding of how those things might end up affecting our day to day lives.
In 1820, a Pennsylvania man was found guilty of violating a...2018-09-2752 minConstitution ThursdayThe Caine MutinyWhen 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 matter. In the climatic moment, it becomes clear that though the Captain may be in trouble, the XO acted improperly and precipitously. He was not well advised and the Wardroom failed in its primary duty.
The interesting thing is that the movie itself, and specifically was in...2018-09-1353 minConstitution ThursdayThe 4th Branch of GovernmentOne 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 and not without lessons for us today. They do give us insight into the understanding of the document which the Framers - at least those in favor of ratification - held of the government plan which they had created.
To that end, they are not only important, but they are required...2018-09-0652 minConstitution ThursdayTaking a 5th of HistoryJames 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, that is, decides that it wants what you have, even if they claim it's for a "public benefit?"
In the Township of Scott, Pennsylvania, a nice old lady - she's even named Rose Mary Knick - owns a cute place on the edge of town that has a bit of property around it t...2018-08-2952 minConstitution ThursdayA Republican Form of GovernmentA 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, but the information is the same.
At any rate, why does any of that matter?
Yesterday, the California Supreme Court ruled that the much heralded and discussed Prop 9, a vote by the people on whether or not to separate California into three States...2018-07-1953 minConstitution ThursdayThe Trump PardonOn 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, it would create immense problems. Great problems. The biggest and best problems we've ever seen in this country.
And that would be, of course, just the beginning...
2018-06-0556 minConstitution ThursdayThe Case of the Danbury CafeteriaIn 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 religious freedom is now President. Still, they want to make sure where he stands, so they write him a letter.
Two Hundred and twelve years later, the Grace Cathedral Church in Akron, OH, which didn't exist when Jefferson replied to the Danbury Baptists, decided to freely exercise their religion by opening, of all...2018-05-3157 minConstitution ThursdayDe Minimis HarmsIn 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 up impacting...
2018-05-2557 minConstitution ThursdayFederalism Is Good For Liberals TooIt'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 get there started long before the Progressive era. In fact, it really stated the day after the Constitution was ratified.
We'll take a short look at two cases in the news this week. One of them went before the Court and the law passed by Congress was stuck down...2018-05-1857 minConstitution ThursdayThe Saxbe FixAfter 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 we get to the place where the Article is routinely "ignored" and senators become Secretaries?
2018-03-1541 minConstitution ThursdayYouth Were Never More SawcieLive 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
2018-03-0947 minConstitution ThursdayThe Jury QuestionMany 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 fact is helpful when we recall the purpose of the Jury is to serve as a mighty bulwark against government. To make certain that government isn't allowed to just run roughshod over accused citizens.
At the same time, that simple fact also makes certain that...2017-05-1830 minConstitution ThursdaySafety in NumbersAs 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 Mississippi River. But nearly everyone agreed on one issue - the idea that if the nation went to war, it would be stronger united than not.
On April 6, 1917, Congress gathered to vote on whether or not the United States should declare war on Imperial Germany. Four days earlier President Woodrow Wilson...2017-04-0630 minConstitution ThursdayGoogling for GuiltyImagine 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 activities.
Maybe you have a friend, his name is... oh let's just call him John. John Q. Public. He lives in your town and runs his own contracting business. Heck, maybe you've even hired him once or twice. Like you he has a bank account and...2017-03-2330 minConstitution ThursdayThe 1st Amendment Right To Be An A**holeIn 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, a leader and a man of words. And it was to words which Cicero turned in his very public condemnation and criticism of Anthony. He delivered a series of fourteen speeches, known as the Phillipics, in which he rips Anthony for everything from his management to his dalliances with women (even one be...2017-03-1630 minConstitution ThursdayThe MuckrackersWhen 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 earnest were coming from the media to chance how Senators would be elected.
In the early 1900's, President Theodore Roosevelt began to label those in the press who attacked him or the government as "muck rakers," a term he has borrowed from a book written in 1678...2017-03-0230 minConstitution ThursdayThe Apotheosis of WashingtonOne 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 the US Capitol, visible through the oculus of the dome. The painting portrays Washington being elevated to the status of a deity. The idea of portraying Washington as a god, really does not offend most Americans.
On occasion, it's worth our time to talk about and recall the realities of these men an...2017-03-0130 minConstitution ThursdayThe Kolbe SyllogismThis 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. Progressives are ecstatic. Who is correct? Is it as simple as "I am conservative therefore the Court is wrong" or "I am progressive so the Court is right?" Did the 4th really ignore the precedents of Heller and other cases dealing with the 2nd Amendment?
In order to understand the issue, one has to c...2017-02-2430 minConstitution ThursdayFebruary 19, 1788 - Fishkill, NYIn 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 was this newspaper, on Tuesday, February 19, 1788, that published another in a series of essays which were rapidly taking the country by storm. The essays were anonymous and while there was much speculation as to the authorship, only four or five people (not counting the writers themselves) in t...2017-02-1930 minConstitution ThursdayPlenary PowerOn 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 Immigration should make the Orders unreviewable. But can such power be given under the Constitution? If the answer is no, then can statements made outside of the Orders by the President and his advisers be taken into account as to the intent of the orders?
If the answer is yes, are we prepared to accept...2017-02-1530 minConstitution ThursdayJudicial ReviewSay 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 Orders of President Obama.
The Governments argument before the Court was that the Orders were not/are not "reviewable." That is to say that the Court has no power or jurisdiction to overturn the orders.
Whether or not you support the Orders or oppose them, there is...2017-02-1130 minConstitution ThursdayExcessive BailExcessive 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 held in the States Jails have not been convicted of any crime. They are simply awaiting trial and cannot - for a variety of reasons - make bail.
The Legislative argument goes that the main reason that people cannot make bail is twofold. First that bail levels are set far too high...2017-02-1030 minConstitution ThursdayJuly 4, 1788July 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 to even call for a convention to consider the document.
The anti-Federalists in Rhode Island aren't just opposed to the Constitution. They oppose virtually every idea to strengthen the Union. For the past few years they have intentionally/unintentionally sabotaged the Articles of Confederation by using the power of the veto...2016-07-0830 minConstitution ThursdayNew HampshireIn 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.
New Hampshire was the first of the Colonies to establish a government independent of the Crown and to establish its own state Constitution.
In the Spring and Summer of 1788, New Hampshire has a unique opportunity. If she ratifies, she will become the Ninth Pillar, thus establishing the Constitution as the new...2016-06-2430 minConstitution ThursdayLiberty of Conscience - Virginia Part 1Of 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 leaders who have the nations confidence. So much so, that Madison almost won't make it home in time to be elected to the Virginia Convention, because he is busy conducting the Nations business which is entrusted to Virginia.
It is here that the most eloquent...2016-06-0230 minConstitution ThursdaySouth CarolinaAs the ratification process turns to South Carolina, it is clear that the Federalists who run the State favor ratification. It was South Carolina, after all, that teamed up with James Wilson to cement the 3/5th's compromise and stuck to the deal as the tides of anti-slavery climbed against it.
But it won't be as simple as that. First, the State Legislature will do something that no other legislature has done - it will openly debate the Constitution "for the sake of informing the country's members" of the reasons why the Constitution should be ratified.
Then there is a second...2016-05-2630 minConstitution ThursdayMaryland My MarylandOver the course of the Convention, Luther Martin (Maryland) had been a petulant opponent of the plan and an irritant to pretty much everybody there - even those who agreed with him. Now that his State, Maryland, is taking up ratification, he will continue to adamantly and vociferously oppose the Constitution. He is the very embodiment of the Anti-Federalists.
Pretty much nobody will listen to his ranting, and Maryland will easily vote to ratify.
It's what happens after that is so fascinating to me. Because of our own historical myopia, we tend to only see the good and heroic sides...2016-04-3030 minConstitution ThursdaySocial MediaAs momentum builds for ratification, the two biggest States, New York and Virginia are hesitating.
New York is seemingly against ratification, but as the pillars of the needed nine States continue to fall, the debate intensifies. With their convention not scheduled to begin for several weeks, the debate moves into the Social Media of the day - the newspapers.
First, New York papers take up the Anti-Federalist cause by publishing the DeWitt Letters, the Letters from a Federal Farmer, the Cato and Brutus letters, but they also begin to pick up a series of equally anonymous letters written specifically to...2016-02-1830 minConstitution ThursdayAlterations & ProvisionsAfter "impartial discussion & full consideration," the Massachusetts delegates to their State ratifying Convention agreed to what became known as the "Massachusetts Compromise." This allowed a number of anti-Federalists, including Samuel Adams, to vote in favor of ratifying the Constitution. But it wasn't a cut and dried, full-throated endorsement of the document. As the compromise agreed, many of the Anti-Federalist ideas worked their way into the ratification document as proposed amendments to the Constitution.
Many of their recommended amendments are easily recognized by us today, and some made their way into the proposed Bill of Rights when the 1st Congress finally...2016-02-1130 minConstitution ThursdayThe Maine ProblemWhen the Massachusetts Convention gathered in early January, 1788 to consider ratification off the Constitution, the state faced three hurdles to ratification.
First, the lingering suspicion and distrust of a central government from the western part of the State when just two years before, Shay's Rebellion had shaken the nation. The western part of the State saw the Constitution as little more than a larger form of the same government that had suppressed their rights and demanded their hard currency, and strongly objected to the idea that Congress would be able to tax and that only gold and silver could be...2016-02-0427 minConstitution ThursdayYou Ain't Seen Noithing YetIn early 1788, a Weston, Massachusetts newspaper reported that, "Little else, among us, is thought or or talked of, but the new Constitution." The debate seemed to engross the attention of all classes of people, including women, who normally would be excluded from politics. .
But as Massachusetts debates, the fate of the Constitution is as yet, undetermined.
If Massachusetts ratifies, it is likely that the Constitution will be adopted. But if not, it seems that New York, Virginia will most likely follow their example.
The debate's have consumed Americans of all political and social divisions. for the first and perhaps only...2016-01-2129 minConstitution ThursdayConnecticutConnecticut's path to ratification was decidedly more smooth than some of the other States. While there would be debate, and the final vote would not be unanimous, the entire process reflected the character of Connecticut in a way perhaps no other process had. Certainly not the Revolution, which at one point during the Convention, had seen a delegate accuse Connecticut of being less than whole hearted in her efforts to support the Patriot cause.
Overshadowing Connecticut's debate, the Federalist Papers turn away from the subject of the problems with the Confederacy and the ills that face the nation and the...2016-01-1429 minConstitution ThursdayGeorgiaBy the summer of 1787, George, the youngest and smallest (population size) State, seemingly had very little to offer to the nation, and needed a great deal of help to deal with her problems, many of which could be described as more or less self-produced.
The biggest problem was Georgia's indifference towards... well... pretty much everything, including defending herself, first against the British and now against the hostile tribes on her borders and territory. And while her participation in Congress had been spotty at best, she had managed to send four delegates to the Convention.
Now, in very late 1787 - December 25...2016-01-0725 minConstitution ThursdayPennsylvaniaIn late 1788, Pennsylvania was, without a doubt, the most culturally, religiously and politically diverse State in the Union. It was also the one State that managed to spend most of the preceding decade disenfranchising most of its own citizens as a small powerful, anti-British, anti-Quaker minority ruled the State politically and used that power to maintain its base. It was only in 1786 that laws had been repealed that allowed the ouster of the political minority from power.
Now, just two years later, the State delegates meet in the same room where the Constitution had been forged to debate whether or...2015-12-1030 minConstitution ThursdayThe First StateThe first State conventions in Pennsylvania and Delaware are called to debate the proposed Constitution. While Pennsylvania will actually debate, and question the wisdom of proceeding sans Bill of Rights, Delaware's internal issues and her external debates with the other States, have put her in a unique position. Of the thirty delegates who will be elected to her Convention, all thirty will favor ratification, even those men from Sussex County, which polls show is adamantly against ratification.
For years, Delaware had led the fight for equal representation. Both in the Congress under the Articles of Confederation, and in the new...2015-12-0329 minConstitution ThursdayNo Religious TestsBreaking both the timeline and the 4th Wall, the debate of religion and government in the United States has taken on a new and particularly partisan tone in recent days, as the Nation tries to decide what to do about the Syrian Refugee problem. Oddly enough, the debate has taken on religious tone, as some say that "as Christians" we must accept the refugees, while others say that we must not. Scripture is quoted to both support and defy the idea of bringing in the refugees.
But as Dave so often says, people do not change. The do the same...2015-11-1930 minConstitution ThursdayA Bill of Rights?John DeWitt issues his second letter, in which he begins to get to the details of issues over which he is concerned about the proposed Constitution. Later, Hamilton, writing as Publius, will answer the objection to the lack of the Bill of Rights in Federalist #84.
But both arguments should remind us of one important historical fact: that the Bill of Rights was, in essence, given to us by people who objected to the general functions of the proposed Constitution.
Even today, on a College Campus in Columbia, MO, we see what is, in effect, the exact same argument from all...2015-11-1730 minConstitution ThursdayJoin, or DieAs he closes the 2nd Federalist Paper, Publius appeals to the words of the poet to remind Americans that all of our greatness, all that we have achieved and could yet be, will be erased if we reject Union.
The arguments take on a more philosophical tone, between classic republicanism and what each side believes is the best definition of that term, and what is the best way to achieve the singular goal of Union to protect individual rights, liberties and the survival of the Nation?
In the study of the Constitution, we begin to realize that our long held...2015-11-1030 minConstitution ThursdayPubliusBy the end of October, 1787, the two side in the debate had been clearly delineated. There were those who were opposed to the Constitution, and there were those who favored it.
Those opposed, the Anti-Federalists, as they would become known, had been first to publish their ideas with the first two DeWitt letters. But even as the second hit the papers, the first pro constitution article appeared. It was addressed to the People of the State of New York, and signed by the penname Publius, one of four men who overthrew the monarchy and established the Roman Republic in 509 b...2015-10-2932 minConstitution ThursdayThe Federal FarmerThree weeks after the convention ends, the first of the many letters debating the proposed Constitution appears in published newspapers. The discussion will revolve around whether the Nation should remain as it is, a confederation of thirteen sovereign republics, or if it should move to a single central government.
Already dividing lines are being drawn between those who favor the new Constitution and those who fear that it goes too far and takes too much away from the individual States.
By this point, virtually every newspaper in the country has printed a copy of the proposed Constitution, allowing every citizens...2015-10-0830 minConstitution ThursdayThe Journey of 1000 StepsThe Convention is over, and the delegates disperse home. George Washington can hardly wait to get out of town and on his way back to Mt. Vernon. He is so anxious to leave, that it almost costs him his life.
The issue is now before the States to decide. Ratification and Union or reject the proposed Constitution and try to go it alone or in small groups.
As the process begins, the Congress of the United States takes up the debate first. Should they approve of the draft Constitution? Or has it gone too far?
Two opposing ideologies will coalesce...2015-10-0130 minConstitution ThursdayLet Us Astonish Our EnemiesOver the course of the convention, Gouvernor Morris has lost every single debate, discussion, argument and point. It would be hard to find any single man who had less successful direct influence on the direction of the debates. Everything that he wanted or stood for in the new government had been defeated.
Now, as the work draws to its close, the convention turns to the one man in whom they have utmost confidence to stitch together the final document.
And that man, is Gouvernor Morris.
When all is said and done, it is Ben Franklin who rises to the moment...2015-09-1744 minConstitution ThursdayThe Two AnchorsAs the convention reaches the end of the first week of September, it seems, at least on the surface of things, that all their work is about to come undone. Luther Martin is convinced that the only way the American people will agree to this Constitution is to be hurried into it by surprise. Edmund Randolph of Virginia declares that yet another full convention be held - AFTER the states are given the opportunity to make amendments to the draft.
It seems like there is a movement to undo all that has been done.
What is left to hold the...2015-09-1144 minConstitution ThursdayLife, Libery and PropertyAs August fades into September, General Washington is feeling pretty upbeat about how things are going. At least one delegate believes that they will be done "i9n three weeks time." Others aren't so ready to finish things without getting their say. Every attempt to resolve the matter of the Presidency is met with an objection and a move to delay.
Soon enough, the Committee on Postponed Parts will have their hands full trying to resolve everything that has been postponed.
In the meanwhile, the Convention seems to, for the first time, consider why a new form of Government is...2015-08-2845 minConstitution ThursdayThe Steamship PerseveranceToday, we debate and discuss the War Powers Resolution of 1973, which may, depending on how you read it, gives the President the authority to make war, while Congress has not declared a war. Oddly enough, the delegates had exactly the same debate, which is why the Constitution gives Congress the power to DECLARE war and the expected the President to MAKE war... as long as the people approved...
Needing a bit of a break, most of the Delegates headed down to the shore of the Delaware River to take a ride on a steam ship. Yes... a steam ship. Twenty...2015-08-2145 minConstitution Thursday10 to 4As the Delegates return from their vacation, so does the summer heat. Sitting down to work, they begin to read and digest the draft that Rutledge of South Carolina has put together while they were gone.
There are many points of contention, but also many points of agreement.
One agreement is that they are moving too slowly, and that the nation is growing impatient.
Despite the progress, there remains much to be done. James Madison feels that the work could take many more months. Washington and most of the other delegates know that they do not have that much time.
...2015-08-0645 minConstitution ThursdayShark FinsThe LPOV Group sits down for a wide ranging discussion of Article VI Clause 2, the Supremacy Clause.
Shark_finningWhen California passes a law that bans the possession, distribution or sale of Shark fins in the State, a Chinese-American Neighborhood Association sues, claiming that they are being discriminated against by the law. There is a claim of Equal Protection, a claim under the Commerce Clause, and a claim that the United States already has laws dealing with Shark fins, and that those those laws should take precedence over California's law.
Is there any merit to the claims? Is it racist to...2015-08-0343 minConstitution ThursdayGone Fish'n...After some "housekeeping" about what is going on with Dave, the discussion moves to the idea of who and what makes a "Hero?"
Rick RescorlaWe begin with a picture of a Soldier in Vietnam. What can we glean from the picture? Is he a "War Hero?"
The ancient Greek ideals of heroes are useful, but they have been modified in the modern era with the addition of an element which the Greeks did not specifically consider. In modern interpretations "morality" has become as big an element as the Greek Element of facing mortality.
Dave shares four of his own personal "...2015-07-3145 minConstitution ThursdayThe Second ManThe small States have won their battle for Equal representation in what will become the Senate. The Slave States have held on to their three fifth's compromise. For now, the Convention will move another element of the plan, the Presidency.
Ideas of how he should be elected and for how long dominate the discussion. Throughout the discussion, one man cats his shadow over the debates.
rQdi6qhL8tdqrDqEvRL7G59REvery man in the room knows that the first President under the proposed new government will be the Convention's leader, General George Washington.
To a man, they are happy to know...2015-07-2345 minConstitution ThursdayYou Mean To Take Our SlavesFor some weeks, Gouverneur Morris of New York has been absent from the Convention. Now, at the lowest point of the proceedings, he arrives with a single purpose: to derail the 3/5th's compromise. The tensions rise as the Slave States begin to believe that there are those, "within or without doors" who mean to take their slaves away. This will never be acceptable to the Slave States, and indeed, there is at least one non-Slave State that admits that it feels the same way.
The debate boils down to one simple thing, do we unite with slavery, or do we...2015-07-1945 minConstitution ThursdayThe Breadth of a Human HairAs the Convention prepares to adjourn for the Independence Day holiday, there is a great deal of anger and frustration in the room. Luther Martin expresses it best, when he says that the convention hangs by no more then the width of a human hair.
To move forward, a committee of Eleven is chosen to come up with a compromise plan to present after the break.
Dr. Benjamin Franklin will lead the committee, which - over the objections of Madison and Wilson - is stacked with small State supporters.
Can he get them to agree on a compromise that will...2015-07-0245 minConstitution ThursdayNot Even a PrayerSince June 11th, the Convention has been stuck on one question - will the representation in the proposed senate be equal (one state, one vote), or proportional?
But now, the debates are becoming personal. James Madison will stoop to personal insults. Gunning Bedford (Delaware) will threaten to seek a foreign alliance. And Luther Martin will annoy everybody with his three hour screed about States Rights and his body odor.
Through it all, General Washington knows that those he believes to be demagogues are on the verge of destroying everything.
When the dust settles on Monday, July 2, 1787, one more vote will...2015-06-2545 minConstitution ThursdayHamilton's FollyTwo days after the Committee of the Whole accepts the 3/5th's Compromise and adds another four resolutions to the Virginian's Plan, it is now clear that the Virginian's mean to abolish the Articles of Confederation and establish a new government based on the principles of Liberty and freedom. This presents a difficult moral challenge to them as a group, and represents the apex of their ideas presented at the Convention.
New Jersey steps up with an alternate plan, which, like the Virginia Plan promises to fix and improve the Articles of Confederation, but unlike the Virginia Plan, actually does. Now...2015-06-1845 minConstitution ThursdayWilson's WayAs the first couple of weeks of the Convention drone on, the debates become very heated. Perhaps best described as "frank, bordering on direct." The small States, led by New Jersey's Attorney General William Paterson, attack the idea of proportional representation as destructive to them.
It is now that we discover that the great debates of our time, are the same debates of the Convention. Is it to be "One Man=One Vote?" Or will each State have equal representation in the proposed government?
When it seems that there is an impasse, it is James Wilson of Pennsylvania, along with...2015-06-1145 minConstitution ThursdayThe 14th President of The United StatesThe Virginian's introduce their plan for a new National Government, which officially shocks the Convention, since they believed (officially) that they were there only to revise and amend the Articles of Confederation.
The Convention adjourns to the Committee of the Whole - which is the same people, in the same room with the same purpose as the Convention but without General Washington sitting on the dais. So who is in charge of the discussion and debates that will begin with the Virginia Plan and end up with what we know so well as our Government?
He was the 14th President...2015-06-0446 minConstitution ThursdayConstitution Thursday - The DelegatesA compiled Biography of the Delegates to the Constitutional Convention of 1787
2015-05-2800 minConstitution ThursdayThe Spin DoctorsThe Convention finally gets underway. First things first, rules have to be established and agreed upon. Then the business of reforming the Government can get rolling. The first presentations take on the problems the nation confronts, including the biggest danger facing America.
The local Newspaper want a story, and somebody, just who isn't exactly clear, is giving them one.
George Wythe and his rules committee approve two special rules that will serve to insure secrecy and flexibility.
2015-05-2845 minConstitution ThursdayJohn Dickinson Saves DelawareTo say that General Washington was angry would have been the understatement of the century. He was as close to losing his legendary cool as he had been since the war ended, and with his personal reputation on the line, he circulated the parties and dinners of Philadelphia's social network. He faced a barrage or questions about the rumors swirling through the City. "Do you mean to destroy the government?"
The source of the rumors was the discovery that the Virginia delegation was meeting in secret each day as they waited for the rest of the delegates to arrive, to...2015-05-2145 minConstitution ThursdayDaniel St. Thomas JenniferToday, May 14th is the 228th Anniversary of the Date set for the Constitutional Convention to begin in Philadelphia.
The American Democracy, founded on the ideas of the God given rights to life, liberty and the pursuit of happiness, was now on trial before the entire world. Anxious empires awaited the outcome of the Convention with their eyes on what would be left to take, should the Americans fail to restore good government and end up going their separate ways. The Philadelphia convention did not get off to a prompt start, as heavy rains had turned every road into the...2015-05-1445 minConstitution ThursdayThe Snowden ProblemThe 2nd Court of Appeals rules that the NSA exceeded its authority and the Patriot Act by the collection of Metadata. But the problem of Edward Snowden remains...
2015-05-0745 minConstitution ThursdayGay Marriage Bans and the 14th AmendmentA Constitution Thursday look at the 14th Amendments protections of "privileges and immunities" and how that enters into the arguments for and against bans on gay marriage
2015-04-3045 minConstitution ThursdayWar for Constitutional PurposesAs the nation awaits the Court Martial of Bowe Bergdahl, the question of his guilt seems obvious, but is it in light of the Constitution, the War Powers Resolution and the more than 130 times it has been used to establish precedents about what is "war for Constitutional purposes?"
2015-04-2345 minConstitution ThursdayReasonble Mistake?A man is stopped for a broken taillight in a place where it is not illegal to have a broken taillight... from there things go down hill fast. What happens when a Police Officer makes a "reasonable error" in enforcing a law that doesn't actually exist as the basis for a search and seizure? And should the results of that search and seizure be admissible in Court?
2015-04-1845 minConstitution ThursdayThe Espionage Act of 1917"On this day, Yom Hashoah, we recall the millions who died as a result of a legal process and we ask the question, could such things ever happen here in the United States?
The Espionage Act of 1917 was used to silence opposition to the Governments policy of War with Germany. In 1799 the Alien and Sedition Act was used to silence critics of the Government in the United States. But by the 1960's attitudes about dissent to Government war efforts had changed significantly.
But what would it take to change them back and restore a scenario where ""dissent is [not] patriotism?"
2015-04-1645 minConstitution ThursdayThe (Very) Liberal Hsistory of the RFRA"In Indiana, controversy reigns over the State's Religious Freedom Restoration Act, with accusations flying that it will allow rampant discrimination against gay people. So why did Indiana feel the need to pass such a law in the first place? What was it that compelled a Democrat Party controlled Congress to pass the first Religious Freedom Restoration Act by a unanimous vote in the House of Representatives and a 97-3 vote in the Senate before being signed by President Bill Clinton? And if the nations liberals saw good in the Religious Freedom Restoration Act, what is it about Indiana's version that...2015-04-0244 minConstitution ThursdayThe RegulatorsTwo rebellions, the first in the 1760 and the second in the 1780’s lead to the Constitutional ideas of Establishing Justice and Insuring Domestic Tranquility
2015-03-1945 minConstitution ThursdayBoomer Sooner"The 1st Amendment protects citizens from the government when they exercise their speech and press rights. So was it “free speech” or “creating a hostile learning environment,” when the President of the University of Oklahoma expelled two students for what they sang on a bus? And when a local man rips down a neighbors offensive house decorations, is it protected?
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2015-03-1245 minConstitution ThursdayThe Common DefenseWe the People ordained and established the Constitution in order to provide "for the common defense." In doing so, the debate was sparked over what was needed for that defense, and whether or not there any actual threats to the United States. How would the power of taxation, given to the proposed new government, be an great asset to provide for such a common defense? And ultimately, who decides what are the national security interests of the nation?
2015-03-0350 minConstitution ThursdayTitles of Nobility"What is the opposite of ""slavery?""
It's not actually ""freedom."" The Founders weren't fighting for freedom, they fought for Liberty. So what is the difference?
The prohibitions contained in the Constitution allowed for the abolition of all forms of slavery, by prohibiting ex post facto laws, enshrined the writ of habeas corpus and prohibited Titles of Nobility. In all, these things did more to secure and protect liberties than anything that was contained in the State Constitutions under the Confederacy."
2015-02-2645 minConstitution ThursdayAmerica on the BrinkBy 1786, the United States were on the brink of utter destruction as a nation. The government had no way to raise money, no way top defend the borders and no way to protect individual rights. Armed insurrection was a real threat, and armed invaders stood ready to pounce on whatever was left. The Philadelphia Convention was more than just “fixing” the government. It was, quite literally, the last chance for the American dream. In the Preamble, we see how the Convention proposed to save the nation, what it would accomplish and it took a direct aim at those who wo...2015-02-1946 minConstitution ThursdayThe Supreme RulesThe Supreme Court issues several rulings in which the LPOV crew are particularly interested, including search warrants for cell phones, free speech and religion and the Recess Appointments made by the President.
2014-06-2846 minConstitution ThursdayDrawn SwordsIn Yuba City, a Sikh man is told that he cannot serve as a juror as long as he refuses to remove his kirpan, a symbol of deep meaning and religious devotion to baptized Sikhs. This raises the question: Is there a "right" to serve on a Jury?" Does the need for public safety outweigh religious freedom? And what does it teach us about the jury system?
2014-06-2847 minConstitution ThursdayAn Anonymous TipThe LPOV takes the show on the road to the VFW Hall in Turlock to have the show in front of a live audience.
An anonymous tip leads the stopping, searching and subsequent arrest of two men in California. Later the Supreme Court will take up the question as to whether or not an anonymous tip is sufficient probable cause to have stopped the truck, leading to the search and the arrest? Moreover, if the Court says that it is, what is the long range effect on American Society? A live audience means questions and interactions!
2014-06-1352 minConstitution ThursdayThe Bug Out Bag (Alternate UnAired Version)In this version, which features several extended moments in the first segment of silence from Chattroom Jeff who’s microphone failed to record, resulting in the canonical version presented above, the LPOV takes a different tack on the Kaley case and discusses what exactly is “effective” counsel?
2014-04-2847 minConstitution ThursdayThe Bug Out BagAfter a two year investigation, the Kaleys found themselves essentially destitute when the Government indicted them and froze all of their assets. The resulting case asked the question as to whether or not an ex parteforfeiture order based on the Grand Jury’s actions violates the 6th Amendments protections. In this version of Kaley v United States, the LPOV debates and discusses the merits and disadvantages of the Criminal Grand Jury and asks what we can learn about the process going forward.
2014-04-2847 minConstitution ThursdayQuid Pro Corruption and Its AppearanceDoes money donated to a political candidate or cause equal free speech?
The McCutcheon ruling from the Supreme Court opens a lot of questions and great argument between Pat and Jeff about whether or not money is speech and what - if anything - can be done to limit its corruptive influence. Dave, Jeff & Pat look at the ruling and free speech in political cash
2014-04-2248 minConstitution ThursdayI Don't Like MondaysIs there such as thing as "reasonable restriction" on gun ownership? Dave, Pat & Jeff look at the restrictions on the 2nd Amendment
2014-04-1350 minConstitution ThursdayFour Dead in OhioOn May 4, 1970, the nation was shocked by the Kent State Shooting. Dave asks the question, how do we as a free society - or any free society - move from a belief in the freedoms protected by the 1st Amendment to the reality of placing (in some cases) severe limits on those freedoms. Dave, Pat and Jeff discuss the issue and look at the lessons of freedoms from around the globe contrasted to the United States of America.
2014-04-1137 minConstitution ThursdayU.S. v U.S.IRS official Lois Lerner goes to Congress again in the investigation of the IRS scandal, and she takes the 5th Amendment. But can a Government Official, presumably acting in the name of the Government, claim that the Government is not going to cooperate with the Government when the Government is investigating the Government? Dave, Jeff & Pat look at the 5th Amendment and ask, does self incrimination apply when the government is investigating itself?
2014-03-1844 minConstitution ThursdayBuzz BrockawayLed by the State Legislature of Georgia, the calls for an Article V Convention are becoming more and more common, but is such a State called Constitutional Convention even possible today? And even if it happened, would it accomplish anything? And if the problems are obvious, why did the Framers even put the clause allowing the States to call a convention in the Constitution in the first place? Dave, Pat and Jeff look at an Article V Convention
2014-03-1845 minConstitution ThursdayWhen Is "Reasonable?"In Los Angeles, a man is suspected of several crimes. When the Police reach his apartment and knock, a woman answers the door and gives the LAPD permission to enter, even as he shouts that they cannot. Previous rulings hold that the Police can enter under that circumstance, but that's when things get weirder and turn even more L.A... Dave, Jeff and Pat look at the 4th Amendment and the Fernandez ruling
2014-03-0343 minConstitution ThursdayGood Moral CharacterThe Peruta ruling on the California Law requiring a person to “show good cause” has a great deal of local impact as one local Sheriff requires “good moral character” in addition to showing good cause. Dave, Jeff and Pat on the 2nd Amendment and the ruling
2014-03-0243 minConstitution ThursdayThe Insane Clown PosseFree Speech -Members of The Insane Clown Posse and their fans file a lawsuit alleging violations of their 1st Amendment rights to be jerks. Or something like that, anyway. The backdrop is the "firing” and rapid "un-firing” of Phil Robertson after he expressed his own opinions. Dave, Pat and Jeff look at 1st Amendment and speech.
2014-01-1443 minConstitution ThursdayMt. Soledad1st Amendment Establishment of Religion - When a long standing monument is accused of being an establishment of religion, the court cases start flying and the counter accusations begin to mount up. Dave, Pat and Jeff look at The 1st Amendment and Religion
2013-12-1456 minConstitution ThursdayNSA: The Only Part of the Government that Actually Listens1st Amendment Introduction - The NSA might be the only Department in the Government that actually listens to the people, but they have absolutely no sense of humor about it at all. Does the 1st Amendment give us the right to make fun of them? Dave, John , Pat the Lawyer and Chatroom Jeff kick off the Saturday Podcast of Constitution Thursday
2013-11-0938 minConstitution ThursdayA New Birth of FreedomConstitution Thursday (and Afternoons Live) come to an end as Dave recaps four years of Constitutoin Thursday and looks to the future
2013-09-2039 minConstitution ThursdayThe Anti-Federalist ArgumentDespite the proposed Constitution's positives, there were those who argued that it would be a mistake to adopt such a government. They were the "Anti-Federalists," and they included many well known Patriots. Dave & John look at the Anti-Federalist Arguments against the Constitution
2013-09-1341 minConstitution ThursdayUnionDespite what some believe, the actual purpose of the Constitution was to preserve the Union. Without it, none of the social ills or problems would have been solved. Without Union, the nation would not survive. Article VII bears the signatures of some of the greatest men who ever lived who attest to the idea that together we are stronger.
2013-09-0640 minConstitution ThursdayThe Supreme LawArticle VI of the US Constittuon says that the Constitution is the supremem law. What does that mean? Dave & John look at Article VI
2013-08-3037 minConstitution ThursdayA Texas Sized MessDuring the Civil War, Texas decides to sell the bonds they got from the US Government when they became a State. The problem is that the Governor refused to sign off on the idea, and the bonds didn't really belong to the Confederate Government in Texas. Dave & John trace the bonds and the relationships between the States and the Federal Government in Article V of the US Constitution
2013-08-2338 minConstitution ThursdayWest "By Gawd" VirginiaThe admission of a new State into the Union is an exciting moment. Unless, you happen to be in the middle of a Civil War, and the State in question is being carved out of another State which may.. or may not... have given its permission. Dave & John look at the adding of new States tot he Union and Article IV Section3 &4
2013-08-1639 minConstitution ThursdayIrene Morgan's RideLong before Rosa Parks refused to give up her seat on a city bus, Irene Morgan took her bus ride across State lines and into civil rights history and helped change the nation. Dave and John learn about her bus trip as they look at Article IV Section 2
2013-08-0940 minConstitution ThursdayOur Great Friends at the CA Franchise Tax BoardAn inventor runs into some issues between the jurisictions of at least two States. Dave & John delve into Article IV Section 1 to see how this is all supposed to work out.
2013-08-0241 minConstitution ThursdayThe $1Million StripperDave & John continue their look at Article III and the Judicial Branch of the Federal Government. When a stripper turned nightclub owner gets her money taken away, what will the Courts do?
2013-07-2640 minConstitution ThursdayThe JudiciaryDave & John start their look into Article III of the US Constitution and the Judicial Branch of the Federal Government
2013-07-1940 minConstitution ThursdayNo... The *Other* NixonDave & John look at Article 2, Sections 3 and 4
2013-07-0344 min