Category Archives: Article II

Essays on Article II of the Constitution

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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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…


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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