Category Archives: Article II

Essays on Article II of the Constitution

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, we ask the question about why it is that he 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…


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Plenary Power



gettyimages-632238364On 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 power be given under the Constitution? If the answer is no, then can statements made outside of the Orders by the President and his advisers be taken into account as to the intent of the orders?

If the answer is yes, are we prepared to accept a country where he sitting President has unchecked power which neither the Courts nor Congress can counterbalance?

It’s a Valentines day Tuesday episode of Constitution Thursday!

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The Supreme Rules

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.  – ARTICLE II, SECTION 2, CLAUSE 3

The Supreme Court issues several rulings in which the LPOV crew are particularly interested, including search warrants for cell phones, free speech and religion and the Recess Appointments made by the President.

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