PODCAST · history
Constitution Thursday
by Dave Bowman
The classic 2013 radio broadcast episodes of Constitution Thursday, a regular feature of Afternoons Live with Dave & John along with the Podcast Episodes of Constitution Thursday
Episodes
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Brutus v Publius
I have long held that he Anti-Federalist of 1788 is the ideological grandfather of today’s libertarian*. Many of the same issues of today find a distant echo in the complaints of the Anti-Federalists. In those distant echo’s of the past are many ideas and knowledge points which both the…
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The Dance of Sukkot
As I expected, the ruling against Pennsylvania’s Governor a few weeks ago has been stayed by the Third Circuit Court. The Court made no comment as to a specific reason for the stay, but it was in keeping with other rulings around the Country. And, while the case will be heard by a panel (or...
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Three Generations of Imbeciles
In the mid 1990’s Kahn Noonien Singh, a genetically superior and engineered superman conquered nearly a quarter of the Earth, putting it under his tyrannical thumb. He and others like him were the result of generations of genetic engineering and selective breeding that failed to consider the...
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1876 - Unintended Intended Consequences
Throughout his Presidency, Hayes battles with Congress became legendary. He believed that an attempt by the Bourbon Democrats to add “riders” to funding bills for the Army, the executive and Judiciary that further eroded voting rights for Black Americans was “revolutionary,” a flat out attempt to...
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Polyamory is Wrong!
The SHOW NOTES
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1876 Pt 6 - Times Change
The SHOW NOTES
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1876 Pt 5 - Faust
The SHOW NOTES
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1876 Pt 4 - The Grandfather Clause
The SHOW NOTES
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1876 Pt 3 - Tilden or Blood
The SHOW NOTES
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1876 Pt 2 - The 1984 Chicago Blitz
The SHOW NOTES
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1876 Pt 1 - Hamburg, SC
The SHOW NOTES
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The Sleep of Reason
A couple of weeks ago, the administration issued its long-expected Executive Order which purports to "protect free speech” on social media. Now, for many of us, the idea of forcing a private business to allow a takeover by political speech which it either does not support or doesn’t like, to be...
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The Ultimate Arbiter
A recent Supreme Court decision (Bostock) has many on the Political right proclaiming the death of the conservative movement. Their reasoning is rooted in a combination of dismay and what has to be some COVID inflicted loss of perspective, but in either case, there is a great deal of anger and...
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Can vs Should
One of the life lessons that pretty much everybody learns, sooner or later, is that there is a difference between what you can do and what you should do. In the words of the illustrious Dr. Malcolm, "You were so busy thinking about whether you could that you didn’t stop to think about whether or...
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I Don't Practice Santeria
Barely a week has passed since religious conservatives on the Atlantic Coast were celebrating their victory in the North Carolina District Court, overturning the Governors Executive Order’s ban on religious gatherings, calling it a violating of the free exercise clause of the 1st Amendment.…
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The Cock & The Horse
On May 21, 1702, Daniel Defoe, yes, *that* Daniel Dafoe, was arrested and imprisoned for his recently published pamphlet which, in keeping with Poe’s Law, failed to please the new Queen of England. This was not ancient history to the Framers of the Constitution, and they made sure that no one...
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Keplers Perfect Solids
In the 17th Century, one man had to make a choice. Should he stick to his religious dogma and ignore his own observations and computation, or accept a new reality. As a scientist, he realized that he could not ignore reality. Because of his discoveries, because he was willing to accept that his...
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Discovering Federalism
I have noticed two odd things about the whole COVID-19. Neither of them bode well for liberty in the future. First, Republicans have become Keynesian economic believers. That's bad enough, but the other thing is even worse. There are some Constitutional arguments against the response, but some of...
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High Crimes and Misdemeanors
Regardless of how you look at it, impeachment is a political act. The punishment for impeachment is not jail, or a fine or even having to wear an ankle monitor. It is simply the removal of a person from the position or office of trust which they held. They could be charged criminally for their…
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The "Unfairness"
I know that most people find it odd, but I did spend a good portion of my life in the theological field. At the end of the day, what drove me out was the seminal change from people who sought knowledge and discussed things into people who depended upon inductive reasoning to determine their…
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Recess
It's hard to believe that we are coming up on ten years of Constitution Thursday... September 17th is, of course, Constitution Day, the day that the framers signed the proposed Constitution of the United States. It is also the birthday of one John Rutledge, a member of the Convention that…
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436?
In 1835 the US Government managed to negotiate a treaty with the Cherokee Tribe that replaced the previous treaty that was supposed to be in perpetuity. This time, the Cherokee “agreed” to leave their ancestral lands in exchange for a lot of money and never come back. There were, of course, some...
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The Right to Give Advice
Down in Florida, the State ordered a Diet Coach to cease and desist from giving - and charging for - advice to clients on how to lose weight. On the one hand, the idea that people can't talk to each other and provide a service for which they are in return paid for that service - in this case,...
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How to Study Torah... and the Constitution
I was asked the other day about comparing the study of Torah to the study of the Constitution. Most of you know that I once went to Seminary. It was a huge mistake, but I did learn a few things when I was there. One of which was how NOT to study scripture. Unfortunately, in the ensuing years what…
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Frederick Muhlenberg
In the wake of the elections of 1788, the 1st Congress of The United States began to gather in New York. To say that absolutely nobody had any clue what to do would be the understatement of the last two centuries. Sure, they had the rules laid out in Article I and plenty of experience in State...
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Rulings
As the 2018-19 Supreme Court Session winds down, three rulings have recently been released that have the attention of talking heads everywhere. Joining Dave to chat about then is Pat the Lawyer from Constitution Thursday - The Saturday Podcast. First up, the Bladensburg Cross has passions running...
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In Huawei is That a Bill of Attainder?
In 1974, Richard Nixon resigned from the Presidency, the only person to ever do so. The primary evidence against him was a set of tapes that he had made in the Oval Office, which purported to contain direct evidence of the Watergate Conspiracy, or at least a lot of buzzing that replaced sections...
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Where Millions and Millions Agree
The ultimate reason for the Constitution was to preserve the blessings of liberty, to ourselves and our posterity. What was once blindingly obvious to us, has been lost in the fog of the past. And that is why the recent raising of a Liberty Pole caused some questions...
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I Have Questions
Most of us have long ago said that we believe that Facebook and Twitter (and other Social Media platforms) have the “right” to ban whomever they please, because, “it’s not a First Amendment issue.” In fact, even Trump’s legal team seems to agree with this position. But solely for the purpose of...
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Ratification: Going Rogue
The Rogue State of Rhode Island and Providence Plantations is eventually compelled by the Governor and the Congress of the United States to ratify the Constitution...
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Ratification: Timothy Bloodworth
While Virginia and New York debate and eventually ratify, the issue is in doubt in North Carolina. The Federalists there have an unusual idea. But they also know that they are very badly outnumbered. Realizing that they are most likely going to lose the vote, they decide to take a longer view of...
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Ratification: On The Verge of Eternity
New York Pt 2 While Virginia and New York debate and eventually ratify, the issue is in doubt in North Carolina. The Federalists there have an unusual idea. But they also know that they are very badly outnumbered. Realizing that they are most likely going to lose the vote, they decide to take a...
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P+C: Take Care
Benjamin Harrison barely moves the needle on famous Presidents. What most people know of him are two things. First, his Grandfather was a President. Second, he caused one of the greatest jokes on Archer of all time. But even today, his actions vis-a-vis the Constitution continue to resonate. What...
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Ratification: One Nation Under a Groove
By June of 1788, ten States have ratified the proposed Constitution. While the technicalities of Article IX have been met, most people understand that the reality is that for the Union to survive, it must be unanimous. Or at least everybody except Rhode Island, which we will deal with separately....
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Ratification: Leno's Lament
Virginia Pt 2 Jay Leno recently said that he doesn’t miss Late Night TV because “everybody has to know your politics.” In 1788 Virginia, everybody knew Patrick Henry’s politics. Everybody knew James Madison’s politics, and Edmund Randolph and George Mason’s even Judge Edmund Pendelton’s. I guess...
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The 1st Pillar of Liberty
In Maryland, a High school student in a Social Studies Class has a major issue with one of the class assignments. Her father tells her to refuse to complete it and then sues the school for establishing a religion. After all, goes the reasoning, schools cannot force a student to learn about…
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Double Trouble
When a fellow named gamble, who was a convicted felon, was pulled over for a bad headlight, nobody was thinking to themselves, “Hey, would this have any effect on the Paul Manafort case?” Now they are, but the general feeling is that it won’t have any effect. Why not? Because no matter how hard…
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The Freedom of Association
The City of Los Angeles passed an ordinance that requires all contractors to "disclose" all of their contacts and sponsorships (whatever that means) with the National Rifle Association. In Delaware, a man wants to apply to be a Judge on the State Bench. But, Delaware has a law that says that he…
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The Tryal of William Penn
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. – ARTICLE I, SECTION 9, CLAUSE 2 In Alabama, a man with a long record of violent criminal activity found himself on trial for armed robbery. The trial...
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Atlas Shrugs
In Washington, D.C., the shutdown has paralyzed parts of the government. Meanwhile, business and life go on for commercial enterprises, including the making and selling of Beer. But (insert ominous music here) the government is closed and cannot be bothered to regulate the commercial free speech...
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The 2nd Bank of the United States
This often happens to me. I start down a thought road, planning to talk about one thing, and then I get off on a different road. As Sherlock Holmes described it, I follow the thread where it leads. I had planned to talk about this week's refusal by the Supreme Court to issue a writ of cert to…
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Res Republica
The Constitution guarantees each and every state a "republican form of government.” So is Florida’s rather hectic and confused use of multiple methods of amending its State Constitution actually "Constitutional” in the sense of being done by a "republican form of government” as guaranteed in...
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Poletown
In the economic doldrums of the late 1970s, the State of Michigan hit on an idea to take over some land it liked and build a car plant which would create jobs and economic benefit. The people who owned the land weren't all that thrilled about the idea, nevertheless, the state persisted.…
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All In the Family
The American Legion v The American Humanist Association (a/k/a The Bladensburg Cross) The Supreme Court will hear the Bladensburg Cross case after the 4th Circuit ruled that public expenditures used to maintain the monument violate the 1st Amendment prohibition against the establishment of…
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Sausage Making
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...
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Civil Rights
This past week the Chief justice of the US Supreme Court ordered a stay at the beginning of the trial of the case, Juliana v US. this is the second time that there has been a stay in the famous case, which seeks to force the US Government to pursue policies that would "keep warming in check."…
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What 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...
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Ratification: The Federal Farmer
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...
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Exposed Breasts and Buttocks
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.…
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Double Jeopardy
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....
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ABOUT THIS SHOW
The classic 2013 radio broadcast episodes of Constitution Thursday, a regular feature of Afternoons Live with Dave & John along with the Podcast Episodes of Constitution Thursday
HOSTED BY
Dave Bowman
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