Category Archives: Constitution

Jumping the Peruta Shark

I know that it is Wednesday, but yesterdays Young v Hawaii ruling has me off and chasing through the streams of history as we consider what the ruling might – it may still not be clear – actually means.

Our examination of the ruling starts in 1752 in Port Royal, Bermuda, where a boy was born to Colonel Henry and Anne Butterfield Tucker. Some generations before, the family had married into the St. George family, and so the boy was christened, St. George Tucker.

It is this young man, who will eventually find his way to Virginia, where in 1772 he will become a lawyer, trained under George Wythe, will serve his adopted State and his new country, who will one day sit down and compose his notes on Blackstone’s Commentaries on the Law. And what is that to us today? Read the rest of this entry


A Republican Form of Government

We have our definition of “republic,”
but what if that wasn’t necessarily the definition the Framers had?

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 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, should be removed from the ballot because it “might” violate the States Constitution.

Now… whether it does or not we have to ask some questions about this whole deal.

Plausibly live, It’s Constitution Thursday on The Dave Bowman Show!

The Trump Pardon

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 biggest and best problems we’ve ever seen in this country.

And that would be, of course, just the beginning…

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