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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Stevens’ 2nd Dream





After watching the Marchers this past weekend, retired Associate Justice John Paul Stevens wrote and Op-Ed for the New York Times in which he indicated that he felt that the marchers were “aiming too low.” He wants nothing less than a full repeal of the 2nd amendment.

Now, on the one hand, it is somewhat refreshing to hear the political left finally come clean and admit what its goal actually is.

On the other hand, the Progressive Lefts’ response to the idea has be nothing short of proving that we live in the post-Constitutional Era. To most of those who spoke about the idea, the limits of the 2nd Amendment are pretty much meaningless.

But even if you take that argument, where does that road lead?

It’s Constitution Thursday on a Wednesday as a sore throated Dave has medical appointments tomorrow…


The Saxbe Fix



No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time…….no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.  – Article 1 Section 6

After their experience in the American revolution and years of watching Kings buy their way to policy, the Framers believed that a simple and even elegant solution was to simply ban the ability of a single person to hold Office both civilly and in the government. Makes sense, right?

So how did we get to the place where the Article is routinely “ignored” and senators become Secretaries?


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