Category Archives: Article II

CT – Sausage Making


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Every few years one side or the other complains that the President is over-reaching his authority. This almost naturally leads to the debate over “Implied Powers,” and whether or not they (the implied powers) exist (they do) or not?

In 2014, the world faced the specter of ISIL (or ISIS or IS) as the Islamic State overran vast swaths of territory in Iraq and Syria (the “Levant”) and begun to impose its version of Islamic Law on the local inhabitants who really just wanted to be left alone. When they (the locals) wouldn’t go along with the insane Islamic nut jobs, they (ISIL) began to commit mass murder on an industrial scale.

Reactions ranged from the idea that we – the United States – had a “moral” duty to step in, to the position that we should stay the heck out of yet another war in Asia. was the Islamic state an actual threat to the United States or its “national interests?”

How do we define the “National interests” that guide our foreign policy? Most of all, what does the Constitution have to say about not just the powers involved, but what, if anything, about the process?

Sausage making, as the process has been described, is not really pretty, and generally speaking not at all interesting.

But if you want breakfast, you have to break a few eggs. And grind up some pigs…


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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…


Constitution Thursday Listener Show Prep

As Powerful as Louis XIV

Opinions and Pardons


On Constitution Thursday we will get into the statement by the current President to the effect that he could pardon himself if such a pardon were actually needed.

As a part of that, these are two of the episode that John and I did in 2013 that set up the whole discussion. They serve as a starting point for the discussion as to whether or not President Trump could pardon himself, if, as he indicated was not the case, he actually did something wrong.


 

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