Category Archives: Article II

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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Mr. Madison’s War





President Trump has exercised his Executive authority to call forth the National Guard for the expressed purpose of “doing Military things” to guard the border with Mexico.

Whether or not you agree with his policy, today we ask the question about why it is that the President is calling forth the militia of the several states, when Article I section 8 makes it clear that Congress is supposed to be doing that. 

It’s Constitution Thursday on Plausibly Live…


The Greater Good?



There has been much ado over the recent District Court ruling that put a temporary restraint on the Presidents Executive Order denying Federal money to Sanctuary Cities. And in that ado, it’s pretty easy to figure out who is on which side of the aisle. The Left is celebrating it, the Right is condemning it.

But the real question is deeper. Did anybody actually read what the Judge wrote?

And if you did, don’t you kinda think that he has… you know… a point?

Of course not, Dave! He’s an Obama campaign money bundler, so absolutely nothing he says can be trusted, Dave.

He clearly hates trump and loves illegal immigration, Dave!

He’s evil, Dave!

I’m never gonna listen to your show again because you’re secretly anti-Trump and probably antifa too, Dave!

Except…. what would I – an originalist and a constitutionalist – have decided if I had been on the Bench? What if it was for the greater good? You know… upholding and defending that Constitution thingee…?

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