In the rulings for these two cases, Aughie and Nia wrestle with the competing interests of the 1st Amendment's causes regarding religion, civil rights, and moral exceptions for employers. In the first case, the SCOTUS ruling upholds the moral or religious exemption from being required to cover their employees' contraception. In the second case, the question of the ministerial exception is explored.
In this long episode, Nia and Aughie talk about three Supreme Court rulings: Seila Law, June Medical, and Espinoza. The Seila ruling considers whether a government official can fine companies, when that official's position may or may not be constitutionally guided. The June Medical ruling concerned the question of undue burden for women seeking abortions. Nia and Aughie disagree on the third ruling, Espinoza (regarding charitable donations and religious schools), but do so civilly.
In this episode, Nia and Aughie discuss three SCOTUS rulings: the pipeline ruling under the Appalachian Trail, the sanctuary city ruling, and the declination to take a Second Amendment case from the 10 proposed. Each of these rulings have long-term implications for federal and state powers.
Nia and Aughie discuss the meaning of "sex" as written into Title VII of the 1964 Civil Rights Act, considering how it may pertain to being fired for being homosexual or transgender. They also talk at length about the concepts of Constitutional textualism, as interpreted by several justices.
Aughie and Nia discuss this Second Amendment case, originally opposing the travel ban on guns outside of going to firing ranges, as set by New York City. The case eventually is eventually declared moot (as the city rescinded the law), but there is a lingering question of lower court's application of SCOTUS Second Amendment precedent.
In this episode, Aughie and Nia discuss the Georgia v Public Resource case decided before the Supreme Court, October term, 2019. The holding: Under the government edicts doctrine, the annotations beneath the statutory provisions in the Official Code of Georgia Annotated are ineligible for copyright protection ( SCOTUSblog ).
In this episode, Nia and Aughie discuss the application for a hearing before the Supreme Court, called a writ of certiorari. Aughie details the division of labor, brief building process, and clerk work of the Supreme Court, leading to the Justices' decisions about taking a case.
Nia and Aughie discuss the new rules for oral arguments as the Court adjusts to meeting under social distancing guidelines. Mention is made of the problems created by using a zoom-like software to hold arguments (and the flush heard around the legal world).
Nia and Aughie are spending the next several weeks focusing on the Supreme Court of the United States (SCOTUS). This episode explains the case Marbury v Madison, which led to judicial review, and set the tone for the importance of the SCOTUS going forward. Learn about the maneuvering of Madison, Marshall, Adams and Jefferson as the third branch of government finds its feet.
Nia and Aughie discuss the Constitutional powers granted to the President to adjourn Congress or call a session of Congress. There are very narrow circumstances under which a President may adjourn Congress. Only once has a President called Congress into session.
Nia and Aughie are joined by Dr. Judyth Twigg of the VCU Political Science department. Dr. Twigg specializes in global public health issues and all things Russia, and gives Nia and Aughie a primer on current Russian politics. Later in the episode, Dr. Twigg connects politics to the coronavirus in Russia, and makes some predictions about Russia's political future.
Nia and Aughie discuss the gold standard, what backs American currency, and the beginnings of the national economy. They also explore the philosophical questions around debt and currency as social interaction.
Nia and Dr. Nina Exner discuss the Census and how the data is used. Nia and Nina discuss the difficulties of counting every American, as well as the ways in which other types of sampling data is taken and how the statistics are adjusted to give an overall picture of the American population.
Nia is joined by guest Dr. Patricia Sobczak to discuss the rules surrounding non-profit organizations and their tax status. Dr. Sobczak also gives advice about giving money to charity.
Nia and Aughie discuss civility in political discourse, as it relates to Senator Schumer's remarks regarding the Supreme Court. A plea for more civility follows the discussion of a "price to pay".
Nia and Aughie discuss the House of Representatives' appeal to have a subpoena for former White House Counsel Don McGahn enforced. They ruminate on the future of this situation and the potential affects on House subpoenas in the future.
Nia and Aughie talk about how federal holidays are created. They also explore the idea of new federal holidays, and the consequences of such celebrations.
Nia and Aughie explore the impeachment process regarding President Trump, and the possible outcomes of the acquittal. A discussion of the peaceful transition of powers ensues.
Nia and Aughie discuss the creation of a Space Force, as well as how agencies are created and changed in general.
Nia and Aughie discuss the messiness of the Iowa Democratic caucus at some length. Aughie offered a historical look at the caucus process, and the primary process in general.
Nia and Aughie discuss strategies likely to be employed in the 2020 presidential election. They also explore two cases before the US Supreme Court involving faithless electors, and the potential punishments they might face.
In this episode, Nia wants to invade Canada when she is President, and Aughie explains why she might want to get Congressional buy-in for an invasion. We talk about the War Powers Act and the responsibilities and limits of the executive and legislative branches when it comes to military action.
This episode discusses the annual tradition of the White House Christmas Tree, its origins, history, and current practices.
This episode introduces listener's to the tradition of the president's pardoning of turkeys at Thanksgiving and uses that as a springboard for discussion about presidential powers to issue pardons.
The final episode in this series tackles the Commerce Clause from the standpoint of the Affordable Care Act and the use of federal funds as both a carrot and a stick to induce individuals and states to behave in certain ways.
This episode continues the discussion of the Commerce Clause, including cases about farmers growing extra crops and grandmothers growing medicinal marijuana.
This episode introduces the listeners to the Commerce Clause, including when and why it was included in the Constitution, what it regulates and its importance to the oversight of commercial intercourse in the United States. It also discusses the case of Bibb versus Navajo Freight Lines which challenged Illinois’ right to control the types of mud flaps that truckers could use when driving through the state.
This podcast takes a look at the 25th Amendment, which was proposed after the death of President Kennedy and which provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation. The four sections of the amendment reviewed with examples.
This podcast reviews the Federal Register (AKA the bible for bureaucrats) which is defined as: "…the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents." Federal agencies must register their intentions with the Federal Registry for their future intentions to comply with the 1946 Administrative Procedures Act (APA). Also, the process of review and analysis of these types of proposals...
This podcast reviews the process and internal working of what it takes to issue a presidential executive order and the subsequent issues including potential legal ramifications, injunctions, etc. It also includes examples of executive orders from Bush 43, Barack Obama and Donald Trump (and a fictitious executive order about banning Broccoli).
