Civil Discourse: Recent Episodes
Nia Rodgers and Dr. John Aughenbaugh
This podcast uses government documents to illuminate the workings of the American government, and offer context around the effects of government agencies in your everyday life.
In part 3 of a short series titled Getting to Know You, Nia and Aughie discuss their favorite political or protest songs. Other favorites in the series include West Wing episodes, protest movies, political scandals, and political books.
In part 2 of a short series titled Getting to Know You, Nia and Aughie discuss their favorite political movies. Other favorites in the series include West Wing episodes, protest songs, political scandals, and political books.
In a short series titled Getting to Know You, Aughie and Nia discuss their favorite West Wing Episodes. Other favorites upcoming will include movies, protest songs, political scandals, and books.
Nia And Aughie discuss the provisions of the debt ceiling agreement reached in June 2023. This is a follow up episode to a January 2023 episode.
In the third of three episodes, Aughie and Nia discuss the major decisions released in June by the U.S. Supreme Court; in this episode, the cases covered are: Students for Fair Admissions v. University of North Carolina, Students for Fair Admissions v. President and Fellows of Harvard College, 303 Creative LLC v. Elenis, Biden v. Nebraska, and Department of Education v. Brown.
In the second of three episodes, Aughie and Nia discuss the major decisions released in June by the U.S. Supreme Court; in this episode, the cases covered are: Haaland v. Brackeen, U.S. v Texas, Groff v. DeJoy, Counterman v. Colorado and Moore v. Harper.
Aughie and Nia share the statistics of this SCOTUS term, including who wrote the most and least, who agreed the most and least, and much more.
Aughie and Nia preview some of the 21 cases that the Supreme Court has already agreed to hear for the 23-24 term.
In the first of three episodes, Aughie and Nia discuss the major decisions released in June by the U.S. Supreme Court; in this episode, the cases covered are: Andy Warhol v Goldsmith, Gonzalez v. Google LLC and Twitter, Inc. v. Taamneh, Sackett v. Environmental Protection Agency, Glacier Northwest v. Int'l Brotherhood of Teamsters, Allen v. Milligan, and Jack Daniel’s Properties v. VIP Products.
The next department in the series is also part of the Great Society, the Department of Transportation (DoT). Aughie explains how the many subagencies of the department work together in various ways to support public transportation, from the Federal Aviation Administration to the Federal Highway Administration. Aughie also reminds listeners that this department is a particularly good example of cooperative federalism. Discussion ends with secretaries and criticisms of the department.
In 1965, we got the next department, the Department of Housing and Urban Development (HUD), as part of President Johnson's Great Society. Nia and Aughie discuss the needs of the nation to find ways toward homeownership, fair housing, and assistance to the working poor to mitigate the costs associated with housing. They also discuss the secretaries and the criticisms of the department.
Nia and Aughie discuss the recent Supreme Court hearings involving two cases from the Students for Fair Admissions versus Harvard (one case) and SFFA versus UNC (second case). The universities in these cases, heard together, argued that race may be considered in admissions to increase diversity of the student body. The SFFA argued that preference granted to one race for admissions by necessity brings inequity for other races.
Aughie and Nia move on to the next department in the series, the Department of Health, Education and Welfare, later the Department of Health and Human Services (HHS). From Head Start to Medicare, HHS touches American lives from cradle to grave. Aughie covers the sprawling nature of the department, and then Nia and Aughie spend a fair bit of the episode discussing controversies and politics surrounding HHS.
Nia and Aughie discuss government intervention, Supreme Court rulings, and hate speech. in light of recent anti-semitic comments made by Ye West.
Aughie and Nia discuss the Department of Labor as the next in the series. The Bureau of Labor was initially part of the Department of Interior, then its own Bureau but not part of the Cabinet, and then part of the Department of Commerce and Labor, and then in 1913 it becomes its own Department with a Cabinet Secretary as the head. From this convoluted start to the present, the Department of Labor has had to balance union and labor rights with employer desires to maximize profits. Aughie explains this tension within the mandate of the department.
Nia and Aughie tackle the next department, the Department of Commerce. Originally formed as the Department of Commerce and Labor on February 14, 1903, It later separated into two departments.. Aughie covers the vast part of the organization of the Department as well as focusing on the power-grabbing of various Secretaries of Commerce.
Aughie and Nia move on to the next in the series, the Department of Agriculture. At its founding in 1862, the Department of Agriculture was referred to as "The People's Department" by President Abraham Lincoln. From food stamps to farm subsidies, Aughie also covers controversies and leadership of the Department of Agriculture through the years.
Nia and Aughie continue to discuss the Cabinet Departments, in this case the Department of the Interior. The Department of the Interior, founded in 1849, arose from the need to manage most of the lands, territories, and natural resources of the United States. The Department of the Interior manages 500 million acres of surface land, approximately 20% of all land in the United States. Aughie also touches on the organization of the department and some of the more notorious Secretaries of the Interior.
Aughie and Nia explore the position of Postmaster General from 1753 to modern times in this episode of the Cabinet departments. Aughie explains how the Postmaster General went from running a large patronage system to running a large corporation that funds its own retirement system separately from the rest of the federal government under the reorganization into the United States Postal Service in 1971.
Aughie and Nia move on to the next department in the series, the Department of Justice. They discuss the various Attorneys General, the structure of the Department of Justice, and interesting tidbits about the history, political intrigues, and the people who have served within the DoJ.
Nia and Aughie conclude with part B of two episodes regarding the 3rd of the Department Series, the Department of War/Defense. Aughie sees listeners through World War i and into the renaming to Department of Defense. The Pentagon, famous Secretaries of Defense, and controversies surrounding DoD are also explored.
Aughie and Nia introduce part A of two episodes regarding the 3rd of the Department Series, the Department of War/Defense. Historians often place the early seeds of the department in the Revolutionary War. Aughie takes listeners through the history of the Department of War from 1789 to WWI.
Nia and Aughie continue the Department series with part 2, the Department of the Treasury. They explore the Secretaries of the Treasury and their various roles and responsibilities throughout the years. The modern Department of the Treasury investigates counterfeiting schemes, mints money, and controls the Internal Revenue Service.
Aughie and Nia start a new series discussing the cabinet level departments of the United States Government. The first episode starts with the first department created, the Department of Foreign Affairs. Two months later, it is renamed the Department of State, and Thomas Jefferson is named the Secretary of State. Aughie goes on to name notable Secretaries of State and changes to the department over time.
The final episode of the three part finale of Season 10 explores the upcoming docket of the U.S. Supreme Court for the Oct 2022 through June 2023 term.
The second episode of the three part season ending series focuses on a few important rulings from the 21 – 22 term.
The first of the three part season ender is an overview of the general statistics of the 21 – 22 term (vote rates, number of opinions written, etc.)
Aughie and Nia discuss the educational backgrounds of the Justices, as well as their career backgrounds, political affiliations, and administrative experience. There are also several tangents taken.
Aughie and Nia discuss the educational backgrounds of the Justices, as well as their career backgrounds, political affiliations, and administrative experience. There are also several tangents taken.
Nia and Aughie discuss the tombstone epithets and gravesites of Supreme Court Justices.
In the first part, Aughie covers rational basis, intermediate scrutiny, strict scrutiny, void for vagueness, overbreadth, the Miller test, and the clear and present danger test.
In the second part, the Lemon test, the trimester framework, the undue burden standard and the Chevron test are covered, along with a discussion of intent.
Nia and Aughie discuss the religious makeup of the U.S. Supreme Court, historically and currently.
Aughie and Nia discuss the interpersonal relationships of Justices of the US Supreme Court. From friendships to enemies, some of the more interesting relationships are revealed.
Nia and Aughie discuss the Tennessee Valley Authority, a federally-owned electric utility corporation. The TVA also focused on economic development of the middle Appalachia region.
Aughie and Nia discuss the Works Progress Administrations programs to provide work opportunities for artists, actors, musicians, and writers during the Great Depression. They also discuss some of the criticisms of the WPA programs,
Nia and Aughie discuss the Works Progress Administration (WPA) labor programs to provide jobs and income to men and women during the Great Depression. These jobs often involved physical labor building and maintaining infrastructure.
Aughie explains two clauses in the U.S. Constitution: Article II, Section 1 (the electors clause) and Article 1, Section 4 (the elections clause). Recent SCOTUS cases have called the meaning of "legislature" in these clauses into question.
Nia and Aughie discuss the Strategic Petroleum Reserves of the United States, and criticisms of it from all sides of the political spectrum.
Nia and Aughie discuss the Exxon Valdez and Deepwater Horizon disasters in terms of accountability and settlements. They also explore the ideas around government accountability and conflict of interest between promoting industry and protecting the common good.
Aughie thwarts Nia's plan to use the Space Force to take over all the other agencies by explaining the Congressional Review Act. The act requires that agencies submit regulatory changes to Congress for review. Also, the plural of nemesis is nemeses.
Nia and Aughie explore some of the various military and civilian honors and awards that may be granted by the President or Congress. Some awards are given for very specific contributions while others are given for lifetime achievements or contributions deemed worthy by individual members of Congress.
Aughie and Nia have a discussion of the pros and cons of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This Act is an excellent example of the law of unintended consequences, in both good and bad ways.
Nia and Aughie continue their discussion of the text of the U.S. Constitution. This episode focuses on rights that are (and are not) enumerated in the text. The original text has no enumerated right to vote, privacy, or a fair trial, among others.
Aughie and Nia briefly discuss President Joe Biden's nominee to the Supreme Court, Judge Ketanji Brown Jackson.
Aughie and Nia discuss the amendments that were tardy to be included or not included in the text of the U.S. Constitution. Of James Madison's 20 proposed amendments, only 12 went forward, and only 10 made it into the Bill of Rights. Aughie speaks in detail on 5 of the original 20 that were rejected by Congress initially. Aughie also discusses amendments that were rejected by the states.
Nia and Aughie discuss the factors that brought about the creation of the Colorado River Compact. They also discuss the current issues and challenges facing the Law of the River.
Aughie and Nia explore the history of the Waters of the United States (WOTUS) and the Clean Water Act. They also discuss the complicated caselaw from SCOTUS regarding "navigable waters" and the changing presidential definitions of WOTUS.
Nia and Aughie extol the virtues of the United States Congressional Serial Set, especially its historical and political importance. They discuss the content of the set, and encourage listeners to explore these important American documents.
Dr. Judy Twigg joins Aughie and Nia to discuss the latest developments on the Russian/Ukrainian border. Dr. Twigg also gives us a primer on recent Russian history and the reasons for conflict between these nations.
Aughie and Nia commemorate the career of Robert J. (Bob) Dole, (July 22, 1923 - December 5, 2021). They discuss his personal physical battles and inner strength as well as his storied political career.
Aughie and Nia discuss the office of Vice President of the United States. The second of two episodes explores interesting tidbits about various vice presidents, and ends with some quotes from office holders on the importance of the position.
Nia and Aughie give a quick take on two recent vaccine mandate rulings by the U.S. Supreme Court.
Nia and Aughie discuss the office of Vice President of the United States. The first of two episodes discusses the evolution of the position.
Recorded in 2020 Professor Bill Newmann joins Aughie and Nia in the first two episodes of season 9 to discuss visiting presidential libraries. In this second episode, Dr. Newmann explains in detail how get the most out of a visit to the Presidential libraries
Recorded in 2020 Professor Bill Newmann joins Aughie and Nia in the first two episodes of season 9 to discuss visiting presidential libraries. The first episode covers general research visits and what types of materials a researcher can find in the Presidential libraries.
Aughie and Nia discuss the potential difficulties of adding the District of Columbia as a state to the United States. Complexities include representation, balancing federal and state needs, and the Constitutional issues.
*Correction: Nia mistakenly says LaFayette planned the city of Washington twice; rather, L'Enfant planned the city. Apologies for the error.
Nia and Aughie discuss how territories and protectorates come to join the United States. The discussion includes the barriers to statehood and the requirements that Congress sets out for proto-states to meet. The latter part of the discussion covers the Equal Footing Doctrine.
Aughie and Nia welcome back copyright librarian Hillary Miller. Hillary walks listeners through the process of applying for a patent. The discussion then moves into some of the more interesting patent and trademark cases.
Nia and Aughie discuss the State Secrets Privilege in court, and the potential problems that arise from invoking that privilege. They weigh the pros and cons of protecting information versus transparency.
Aughie and Nia discuss the Controlled Substances Act and the latest changes to Virginia marijuana laws. They also discuss the positives and negatives of enforcement of state drug laws versus national drug laws.
Nia and Aughie explore more 2020 U.S. Census data. This episode focuses on the racial demographics of the U.S. currently, and projections for future demographics in 20-40 years.
Aughie and Nia discuss the case of Scabby the Rat and the rights of unions to protest in certain conditions. Aughie explains the early history of the National Labor Review Board and its current powers and problems when dealing with labor disputes.
Nia and Aughie discuss why people vote the way they do in non-presidential elections. Aughie explores the three most common political theories that explain voter behavior in the midterm elections.
Aughie and Nia discuss the conviction of R&B singer R Kelly in instances of racketeering and Mann Act violations. Aughie explains the history behind, and crimes that may be charged, under the RICO and Mann Acts.
Nia and Aughie discuss polling and the media prior to the November elections of 2021. They cover common mistakes in polling that can lead to confusion and unreliable results.
Aughie and Nis discuss the Gillette Amendment, 5 United States Code Section 3107, and the use of public relations specialists by the United States Government. The discussion ranges from messy public relations around COVID messaging to the titles given government information employees to the use of propaganda by federal agencies.
In this follow up episode, Nia and Aughie discuss two recent controversial SCOTUS shadow docket decisions. The Evictions Moratorium case and the Texas Abortion case decisions may have far reaching consequences in American law and may affect future SCOTUS decisions.
Aughie and Nia discuss the nature of the shadow docket, and how it is used by the Supreme Court. Aughie also explains the common scholarly critiques associated with the use of the shadow docket.
Nia and Aughie give their take on the initial data released by the Census Bureau for the 2020 Decennial Census. Results of the new census count are affecting Congressional and in some cases State Assemblies' districts.
Season 8 begins with Aughie and Nia discussing the 2020-21 U.S. Supreme Court Term. Part 2 deals with current and possible future trends in rulings.
Season 8 begins with Aughie and Nia discussing the 2020-21 U.S. Supreme Court Term. In part 1, topics include general statistics of the Court (number of cases, percentages of agreements and dissents, and number of opinions written).
Aughie and Nia welcome back Eric Johnson to discuss James' Smithson's gift to the United States, the funding for "an Establishment for the increase & diffusion of knowledge among men." The first episode covers the early funding of the Nation's Attic. The second episode covers the personalities involved in the early years, and the basics for planning a visit to the Smithsonian Institution.
Aughie and Nia welcome back Eric Johnson to discuss James' Smithson's gift to the United States, the funding for "an Establishment for the increase & diffusion of knowledge among men." The first episode covers the early funding of the Nation's Attic. The second episode covers the personalities involved in the early years, and the basics for planning a visit to the Smithsonian Institution.
Dr. Kristine Artello joins Nia and Aughie for an episode about the National Gallery of Art. The discussion covers the basics of visiting the galleries as well as Jazz in the Garden, the chequered history of Andrew Mellon's involvement, and a note about visiting art where you live.
Aughie and Nia welcome Dr. Pattie Sobczak to discuss the National Zoo. Topics range from the history of the Zoo, to the basics of planning a visit, and Panda Diplomacy.
In a two-part set of episodes, Nia and Aughie talk with Eric Johnson about the opportunities to see national parks in every state in the union. The first episode focuses on the legislation that brought the National Park system into being. In the second episode, Eric explains the details of visiting the parks.
In a two-part set of episodes, Nia and Aughie talk with Eric Johnson about the opportunities to see national parks in every state in the union. The first episode focuses on the legislation that brought the National Park system into being. In the second episode, Eric explains the details of visiting the parks.
In the final episode of the Commissions series, Aughie and Nia look at the Commission on Protecting and Reducing Government Secrecy, also known as the Moynihan Commission. Coming at the end of the Cold War Era, this report discusses the need for careful review of secrecy decisions to limit the potential harms from too many documents being declared secret.
The second of two episodes that find Nia and Aughie exploring the four major Banking Commissions from 1907 to 2010. In part 1, they discussed the National Monetary Commission and the Pecora Investigation. In part 2, they look into the Commission on Money and Credit and the Financial Crisis Inquiry Commission.
The next two episodes find Nia and Aughie exploring the four major Banking Commissions from 1907 to 2010. In part 1, they discuss the National Monetary Commission and the Pecora Investigation. In part 2, they look into the Commission on Money and Credit and the Financial Crisis Inquiry Commission.
In these two episodes of the Commission series, Nia and Aughie explore the report of the National Advisory Commission on Civil Disorders, also known as the Kerner Commission. In the first part, Aughie and Nia discuss membership, precipitating events, and list the recommendations. In part 2, they discuss the public reaction to the recommendations, and the ongoing political fallout from the Commission's work.
In these two episodes of the Commission series, Nia and Aughie explore the report of the National Advisory Commission on Civil Disorders, also known as the Kerner Commission. In the first part, Aughie and Nia discuss membership, precipitating events, and list the recommendations. In part 2, they discuss the public reaction to the recommendations, and the ongoing political fallout from the Commission's work.
The Tower Commission, established in 1986 by President Ronald Reagan, was to investigate and review the proper role of the National Security Staff in the sale of arms to Iran. Aughie and Nia discuss the scope of the investigation, from the Congressional mandates regarding arms sales to the lack of cooperation of some of the intelligence agencies. They also touch on the concurrent Congressional investigations.
Nia and Aughie discuss the work of the The Shafer Commission. The discussion touches on Reefer Madness and moves to the 1974 report and the recommendations regarding decriminalization of recreational marijuana use. The Commission's report on marijuana use was largely ignored by the Nixon Administration.
The Brownlow Committee and report provide the next two episodes in the Commission series. Part 1 is a discussion of the goals of President Roosevelt in forming the Committee as well as their general recommendations. Part 2 is a discussion of the outcome of the Committee's report, including the many offices within the Executive Office of the President.
The Brownlow Committee and report provide the next two episodes in the Commission series. Part 1 is a discussion of the goals of President Roosevelt in forming the Committee as well as their general recommendations. Part 2 is a discussion of the outcome of the Committee's report, including the many offices within the Executive Office of the President.
Aughie and Nia tackle the 9/11 Commission report and outcomes in the next two episodes of this series. Part 1 concentrates on the precipitating event and the report. Part 2 concentrates on the USA PATRIOT Act and other outcomes following the report.
Aughie and Nia tackle the 9/11 Commission report and outcomes in the next two episodes of this series. Part 1 concentrates on the precipitating event and the report. Part 2 concentrates on the USA PATRIOT Act and other outcomes following the report.
Next in a series on Commissions and their reports, Aughie and Nia explore the Presidential Commission on the Space Shuttle Challenger Accident, also known as the Rogers Commission. The Commission described the Challenger tragedy as "an accident rooted in history". The nine recommendations of the Commission were rooted in improving safety in the shuttle program.
In this first of a series on government Commissions and their reports, Aughie and Nia discuss the Warren Commission, convened in the aftermath of the assassination of President John F. Kennedy. They explore the members, findings, and conspiracy theories surrounding the work of the Commission.
Nia and Aughie welcome Judy Twigg, political scientist with a public health specialization, to discuss the worldwide vaccine response to COVID-19. The discussion ranges from joint efforts to vaccinate world populations to the concept of soft political power in terms of worldwide health care.
Nia and Aughie explore the Supreme Court ruling in Texas v. Pennsylvania, et al. Included in the discussion are the principles of standing, justiciability, arguments between the states, and the Special Master's position.
Aughie and Nia welcome Bill Newmann as they discuss the public service careers of Elliot Richardson and William Ruckelshaus. In addition to serving in multiple positions in government, Richardson and Ruckelshaus refused to fire Archibald Cox, the lead investigator of Watergate, at the behest of President Richard Nixon.
Nia and Aughie welcome Judy Twigg, VCU Political Science professor, to discuss the Russian dissident Alexei Navalny. Dr. Twigg also gives a bit of the background of the current opposition positions to Russian President Vladimir Putin.
Aughie and Nia welcome back Bill Newmann, professor of political science at VCU, to discuss larger than life characters in American public service. They touch upon Presidents Johnson and Truman, as well as Governors Huey Long and Ann Richards, and FBI Director J. Edgar Hoover.
Aughie and Nia discuss government investigations into unusual phenomena. Included in this podcast are investigations into UFOs, Bigfoot, and the Bermuda Triangle.
Nia and Aughie discuss "unusual" historical Presidential Inaugurations. From snubs to brawls to illness to drunk vice-presidents, inaugurations of the past have not always run smoothly.
** Disclaimer at the beginning of the episode - please DO NOT listen with young children present. Aughie and Nia talk about the origin of NORAD tracking Santa. They also discuss the funding, staffing, and marketing of the program.
Nia and Aughie delve into the topic of qualified immunity. This discussion revolves around the complexity of the issue, from fairness to protection to reasonable conduct.
Aughie and Nia discuss the ways that a president could "pack" the court system, focused mostly on the Supreme Court. There is also a discussion of the qualities and levels of experience needed to serve in government in general, and the courts in specific.
Nia and Aughie discuss the various vacation spots used by presidents to get a little R&R. From Buchanan to Trump, Presidents taking a break have often sought to leave the White House and find a "getaway spot", often camps, resorts, or beach locations.
Aughie and Nia discuss the importance of presidential transitions to the smooth running of government, especially in areas of security. They also touch on other presidential transitions, some smooth and some rocky.
Nia and Aughie explore the skill set required to be President of the United States. In this second part, they explore presidential political skills, public communications, and emotional intelligence.
Aughie and Nia discuss their observations regarding the 2020 elections. Episode recorded Friday, November 6, 2020.
Nia and Aughie explore the skill set required to be President of the United States. In this first part, they explore presidential organizational skills, the means by which a president processes information, and presidential vision.
Aughie and Nia explore the personality types of the Presidents of the United States as defined by James David Barber's typologies. These Presidential typologies include active versus passive and positive versus negative approaches to the position.
Nia welcomes Dr. Patricia Sobczak back to the podcast to discuss the way voters assess leaders. They also discuss voting as hiring as well as outside influencers on public opinions of leadership.
Nia and Aughie explore those densely worded referenda, initiatives, and recalls on the bottom of state ballots. Aughie explains the differences between them, and the purposes and pitfalls of direct democracy.
Aughie and Nia discuss the five reasons a member of Congress might need to be replaced, and the mechanisms for doing so. They also touch upon the power of special elections to steer politics in a variety of directions.
Nia and Aughie discuss the line of succession as stated in the 25th Amendment to the U.S. Constitution. They also debunk some internet rumors surrounding the President's health and its affect on the 2020 Presidential election.
Aughie and Nia discuss the election certification process. They also discuss possible problems with the process at each stage, and potential solutions.
Nia and Aughie discuss the concept of wagging the dog, a reference to creating a distraction in order to draw attention away from a candidate's behavior. They discuss several examples from events that could be legitimate to events designed deliberately to distract, and the potential these events have to backfire.
Aughie and Nia celebrate the life and legacy of Justice Ruth Bader Ginsburg upon her passing on September 18, 2020. The discussion includes her early work with the ACLU, her jurisprudence, and her friendship with Justice Antonin Scalia.
Nia and Aughie begin to explore the election season with an episode on campaign rhetoric. This discussion of lines crossed and regretted utterances circles back to the concept of civilized political speech and the potential negatives of mudslinging.
Aughie and Nia welcome back Hillary Miller for the last in the three part series dealing with the Supreme Court's decisions on trademark and copyright law of the recent term. In this episode, they discuss the use of "regular" words in trademark law in light of the Booking.com decision.
Nia and Aughie welcome Hillary Miller to discuss trademark protections in the United States. The discussion ranges from logos to regular words used in business marks.
Aughie and Nia welcome Hillary Miller in the first of three episodes exploring the legal aspects of copyright and trademark law. In this episode, the three focus on copyright law as applied by the courts.
Nia and Aughie explore themes from the summer of SCOTUS, from the effects of COVID-19 to who wrote the most opinions. Themes include up and downsides to oral arguments, John Roberts' voting record, rulings all over the ideological spectrum, voting and opinion writing, and the future docket of the Court.
Aughie and Nia discuss the SCOTUS ruling in the case involving the Trump Administration's attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program. The SCOTUS ruling focused on the Administrative Procedures Act, and whether the Trump Administration properly applied the necessary procedures to rescind DACA.
Aughie and Nia discuss the SCOTUS rulings concerning access to President Donald Trump's tax records, and whether U.S. Presidents can claim absolute immunity from the state criminal process. In the instance of Vance, the SCOTUS ruled that the President does not have immunity from a state criminal subpoena. In the instance of Mazars, the SCOTUS ruled that the Congress must present a compelling case to a judge (and outlined questions that should be asked) to justify their subpoenas.
Nia and Aughie grapple with SCOTUS rulings and questions of racism and Congressional neglect as they pertain to treaties with Native American tribes. In this case, the SCOTUS ruled that the Creek Nation's 1833 and 1856 treaties with the federal government are still in place, bringing into question who has authority over the eastern portion of the state of Oklahoma.
Aughie and Nia follow up an earlier podcast (Electoral College) with the rulings that were pending at that time. In a unanimous decision, the SCOTUS held that electors must follow the rules their states have set out for voting in the electoral college. The SCOTUS also held that states could punish electors that "go rogue". Discussion ensued on the long term effect this may have on the functioning of the Electoral College.
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 is discussed.
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).
This podcast discusses the creation of the post office to unify the country, to create a way to connect sellers and buyers and also to help aid in the migratory patterns of the United States. The Pony Express, the Postmaster General, the Sears catalog, the censorship of mail during war times and the railroads are all part of the story of the US Post Office and its impact on American society.
This podcast reviews the process of getting a picture on a postage stamp. It all starts with the Citizens Stamp Advisory Committee. According to the committee, you have to be dead and have had some kind of significant impact on American and have a widespread, and positive national appeal (so no serial killers allowed!). Also, copyright issues regarding stamps and their usage are discussed.
This podcast continues the conversation about the federal budget process but this time focuses on Congress’ role. It follows the path of the budget from the president’s office through Congressional leadership and the budget committee (that agrees to the total amount) and appropriations committee (that figures out who gets what) and how the budget is broken up into several appropriations bills to get it passed.
This podcast reviews the federal budget process starting with the president (through the Office of Budget and Management, OMB), the OMB sending out memos to each federal agency for their requirements, the agencies responding and the revised budget going to Congress where it is scrutinized and perceived politically.
This podcast is a continuation of the podcast Eviction Part 1: the Short Take. It discusses cases of eviction, how the instability of housing impacts individuals and neighborhoods, section eight and how eviction is just the latest form of dispossession of people. It looks at neighborhoods in Richmond that have seen instability in some form over the last 100 years.
This podcast discusses the VCU Common Book, Evicted by Matthew Desmond, and the eviction process in general. It covers both the technical definition (the legal process that leads to someone to be physically removed from the place that they rent) as well as the broader “forced moves” that are enacted by landlords without the legal process as well as the creation of the RVA Eviction Lab as a way to research the topic and bring attention to it. Guests are Donna Coghill, Kathryn Howell, and Benjamin Teresa.
This podcast, 15 Unicorns Part 1, is one in a series of three about the process of becoming a cabinet secretary for the US Government. In this part, the key elements needed to be considered for the nomination are discussed. These include who they know and/or their importance to the ruling party, previous government expertise, connection to the president, and expertise in the field. In addition, the vetting process is reviewed and key benchmarks are noted.
- Senate Confirmation Hearing for Secretary of Health and Human Services
- Civil Discourse main website
This podcast is the second of two that delves into how to get a bill through Congress. This podcast picks up where we left off last time – at the point where the Senate majority leader has almost the unilateral discretion to decide when a bill is going to get a vote by the Senate body as a whole. The process then moves to the floor for unlimited debate, aka the filibuster, to not take a vote or make amendments to further negotiate the bill before, if approved, it goes to the house for approval (checks and balances). Believe it or not, there are still many steps before a bill becomes a law, and they are all covered in this podcast.
- Public Law 104-13
- Schoolhouse Rock's "I'm Just a Bill"
- Saturday Night Live School House Rock
- West Wing Season 6, Episode 12
- Civil Discourse main website
This podcast is the first of two that delves into how to get a bill through Congress. The Paperwork Reduction Act of 1995 is used as an example of the process of creating a bill and what happens once it leaves the hands of the creator and moves through committee, to the Congressional Budget Office (CBO) where it is scored, to the Congressional Research Service for further research, and then to the committee chair where they can move it forward or “chair it” (AKA 86 it) the bill.
- Public Law 104-13
- Schoolhouse Rock's "I'm Just a Bill"
- Saturday Night Live School House Rock
- West Wing Season 6, Episode 12
- Civil Discourse main website
This podcast, 15 Unicorns Part 3, is the third in a series of three about the process of becoming a cabinet secretary for the US Government. In this part, the key elements needed to be considered for the nomination are discussed. These include who they know and/or their importance to the ruling party, previous government expertise, connection to the president, and expertise in the field. In addition, the vetting process is reviewed and key benchmarks are noted.
- Senate Confirmation Hearing for Secretary of Health and Human Services
- Civil Discourse main website
This podcast, 15 Unicorns Part 2, is the second in a series of three about the process of becoming a cabinet secretary for the US Government. In this part, the key elements needed to be considered for the nomination are discussed. These include who they know and/or their importance to the ruling party, previous government expertise, connection to the president, and expertise in the field. In addition, the vetting process is reviewed and key benchmarks are noted.
- Senate Confirmation Hearing for Secretary of Health and Human Services
- Civil Discourse main website