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Constitution Thursday

podcast@constitutionthursday.com

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CONSTITUTION THURSDAY was born out of an idea that I had in February of 2009. As the Tea Party movement was really just starting to percolate, I though it would be cool to have a “Constitutional Coffee Klatch” on a regular basis at a local restaurant or bar where we could eat, drink, read and discuss the Constitution, much as our great-grand-forefathers did. That idea eventually morphed (for a number of reasons) into what was the Afternoons Live Book Guild, but the thought of a pure Constitu ...
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This 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 administrat…
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The Congress shall have Power To ...regulate Commerce...with the Indian Tribes....ARTICLE I, SECTION 8, CLAUSE 3That'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 …
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The 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 t…
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After 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 Legislat…
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In 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 f…
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When 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 thou…
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One 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 …
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James 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 th…
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A 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 …
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On 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…
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In 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 m…
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It'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 …
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After 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 "igno…
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Many 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 …
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As 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 …
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Imagine 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 ju…
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In 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 …
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When 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 Sena…
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One 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.…
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This 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 …
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In 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 p…
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On 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 pow…
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Say 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 bef…
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Excessive bail shall not be required, nor excessive fines imposed... 8th AmendmentIn 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 …
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July 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 docume…
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In 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 …
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Of 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 …
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As 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 Legi…
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Over 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-F…
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As 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 n…
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After "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 …
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When 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 …
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In 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, und…
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Connecticut'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 delega…
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By 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, includ…
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In 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 t…
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The 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…
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Breaking 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…
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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…
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As 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, a…
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By 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 paper…
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Three 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 …
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The 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 grou…
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Over 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 co…
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As 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 …
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As 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. S…
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Today, 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 t…
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