Civics on the Rocks

VOTE IN THE MARCH 3 TEXAS PRIMARY ELECTION. In this episode, we head back to Texas and discuss why this isn’t as off a year as you might think. Also, if you haven’t done it yet, VOTE! References March 3 are the primaries in Texas: Texas Secretary of State. “March 3, 2026 Primary Election Law Calendar and May 26, 2026 Primary Runoff Election Law Calendar.” https://www.sos.state.tx.us/elections/laws/advisory2025-17-mar-3-2026-primary-elec-law-cal-and-may-26-2026-primary-runoff-elec-law-cal.shtml We had a whole episode on primaries: https://www.podbean.com/ew/pb-2szpe-1544115 It’s an election among the Republican candidates for office to decide who is going to be the Republican candidate in the general election, and then you have the Democratic candidates for office—same deal: Drusch, Andrea. “How Does the Primary Election Work in Texas?” February 16, 2026. San Antonio Report. https://sanantonioreport.org/how-does-the-primary-election-work-in-texas/ Except Iowa: Hull, Christopher C. “Iowa caucuses.” Updated February 1, 2024. Britannica. https://www.britannica.com/event/Iowa-caucuses There are open primaries, blanket primaries, closed primaries: USA.gov. “Presidential Primaries and Caucuses.” February 25, 2026. https://www.usa.gov/primaries-caucuses Texas has been characterized as a modified open or a modified closed: Ballotpedia. “Primary Elections in Texas.” https://ballotpedia.org/Primary_elections_in_Texas New York has a closed primary: Ballotpedia. “Primary Elections in New York.” https://ballotpedia.org/Primary_elections_in_New_York Whereas in Minnesota, they have same day voter registration: Office of the Minnesota Secretary of State. “Register on Election Day.” https://www.sos.mn.gov/elections-voting/register-to-vote/register-on-election-day/ In Texas, you have to have registered in advance: VoteTexas.gov. “Texas Voter Registration Information.” https://www.votetexas.gov/register-to-vote/ Fact check—For the general election, you can vote for any party regardless of how you voted in the primary. However, you have to vote the same party in primary run-offs as you did in the primary. You do NOT have to vote in the primary in order to vote in a primary run-off: Ingram, Keith. “Election Advisory N. 2020-05.” February 11, 2020. Texas Secretary of State. https://www.sos.state.tx.us/elections/laws/advisory2020-05.shtml Since Mack mentioned voter ID cards, we’d like to provide some additional information we have learned about since recording this podcast. Due to redistricting, several voter ID cards have not been issued in time for the primary election. This does not affect you if you are registered. You can still vote even without a voter ID card: Pope, Pachatta. “Voter Registration Cards Delayed by Redistricting, But Not Needed to Vote.” February 15, 2026. KSAT. https://www.ksat.com/news/local/2026/02/16/voter-registration-cards-delayed-by-redistricting-but-not-needed-to-vote/ Things like equal protection…: Constitution Annotated. “Fourteenth Amendment Equal Protection and Other Rights.” https://constitution.congress.gov/browse/amendment-14/ …and due process still apply: Constitution Annotated. “Amdt14.S1.3 Due Process Generally.” https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/ In Texas, there was the White primaries case: Oyez. “Smith v. Allwright.” https://www.oyez.org/cases/1940-1955/321us649 They have changed the rules about postmarks on the mail-in ballots: Contreras, Natalia. “Postal Service Changes Mean Texas Voters Shouldn’t Wait to Mail Voter Registrations and Ballots.” January 21, 2026. VoteBeat.org. https://www.votebeat.org/texas/2026/01/21/usps-postal-service-postmark-mail-ballot-voter-registration-deadline/ If you are eligible to do a mail-in ballot in Texas: VoteTexas.gov. “Voting by Mail Eligibility Requirements.” https://www.votetexas.gov/voting-by-mail/eligibility-requirements.html There is a way to check if your ballot was received: VoteTexas.gov....

Steve points out the squishiness, Mack plays Devil’s advocate, and Anne declares war on Switzerland. REFERENCES The executive power shall be vested in a President: Constitution Annotated. “ArtII.S1.C1.1 Overview of Executive Vesting Clause.” https://constitution.congress.gov/browse/essay/artII-S1-C1-1/ALDE_00013790/ President shall also be Commander in Chief of the armed forces: Legal Information Institute. “Commander in Chief Powers.” Cornell Law School. https://www.law.cornell.edu/wex/commander_in_chief_powers Article I, Section 8, Clause 11, like we all know: Constitution Annotated. “Clause 11 War Powers.” https://constitution.congress.gov/browse/article-1/section-8/clause-11/ There’s this other part that says the President shall make sure that the laws be faithfully executed: Constitution Annotated. “ArtII.S3.3.1 Overview of Take Care Clause.” https://constitution.congress.gov/browse/essay/artII-S3-3-1/ALDE_00001160/ Other than, what is war: Merriam-Webster. “War.” https://www.merriam-webster.com/dictionary/war Going back to the Barbary pirates: Office of the Historian. “Barbary Wars, 1801–1805 and 1815–1816.” https://history.state.gov/milestones/1801-1829/barbary-wars In the Navy Act: Bisno, Adam. “President Washington Signs the Naval Act of 1794.” March 20, 2019. Naval History and Heritage Command. https://www.history.navy.mil/browse-by-topic/heritage/origins-of-the-navy/washington-naval-act-1794.html The famous six frigates: Naval History and Heritage Command. “U.S. Navy’s Six Original Frigates.” https://www.history.navy.mil/browse-by-topic/ships/original-frigates.html Or an amendment later: U.S. Capitol Visitor Center. “An Act for the Protection of Commerce of the U.S. in the Mediterranean, Passed by the Senate February 1, 1802.” https://www.visitthecapitol.gov/artifact/act-protection-commerce-us-mediterranean-passed-senate-february-1-1802 The Law of the Sea: National Ocean Service. “What is the Law of the Sea?” https://oceanservice.noaa.gov/facts/lawofsea.html The U.N. Charter has a “you can act in self-defense”: Codification Division Publications. “Chapter VII—Action With Respect to Threats to the Peach, Breaches of the Peace, and Acts of Aggression.” United Nations. https://legal.un.org/repertory/art51.shtml Armed conflict versus war: Save the Children. “What is Conflict and War?” https://www.savethechildren.org.uk/what-we-do/conflict-war When did we declare war on Vietnam: Editors of Encyclopedia Britannica. “Was the Vietnam War Technically a War?” https://www.britannica.com/question/Was-the-Vietnam-War-technically-a-war Was there a formal declaration of war: United States Senate. “About Declarations of War by Congress.” https://www.senate.gov/about/powers-procedures/declarations-of-war.htm George H. W. Bush said he did not believe he needed that authorization from Congress to proceed because it was a United Nations action: Keller, Kate. “An Unlikely Hardliner, George H. W. Bush Was Ready to Push Presidential Powers.” May 14, 2018. Smithsonian Magazine. https://www.smithsonianmag.com/history/unlikely-hardliner-george-h-w-bush-was-ready-push-presidential-powers-180969017/ Did Congress ever make a ruling on it: United States House of Representatives. “House Passage of the 1991 Resolution Authorizing the Use of Force Against Iraq." https://history.house.gov/HistoricalHighlight/Detail?id=35252 The Vietnam war doesn’t happen without Congress at some point voting for the money for it to happen: Hughes, Ken. “The Myth That Congress Cut Off Funding for South Vietnam.” April 28, 2010. History News Network. https://www.historynewsnetwork.org/article/the-myth-that-congress-cut-off-funding-for-south-v A coalition of allies: CNN Editorial Research. “Gulf War Fast Facts.” Updated July 24, 2025. CNN. https://www.cnn.com/world/middleeast/gulf-war-fast-facts You had the Quasi-War with France, which was kind of weird: Office of the Historian. “The XYZ Affair and the Quasi-War with France,...

In this episode, we tackle war crimes. Please note that we record episodes in the month before they are posted—just in case you are wondering why we aren’t talking about one big event in particular. REFERENCES People have desecrated corpses throughout history: Breed, Allen G. “Desecration of the Dead is as Old as War Itself.” January 13, 2012. Lubbock Avalanche-Journal. https://www.lubbockonline.com/story/news/nation-world/2012/01/14/desecration-dead-old-war-itself/15184013007/ Like a flag of truce: Little, Becky. “How Did the White Flag Become a Symbol of Surrender?” Updated May 27, 2025. History.com. https://www.history.com/articles/when-did-the-white-flag-become-associated-with-surrender Don’t kill the messenger: Frank, David. “Chapter 19 – The Classical Origins and Modern Expressions of ‘Don’t Shoot the Messenger’.” September 4, 2025. Cambridge University Press. https://www.cambridge.org/core/books/abs/dont-shoot-the-journalists/classical-origins-and-modern-expressions-of-dont-shoot-the-messenger/97A99431730AA8701715ECB376467643 The Defenestration of Prague: Britannica Editors. “Defenestration of Prague.” May 16, 2025. https://www.britannica.com/event/Defenestration-of-Prague-1618 One of the things that began the Thirty Years’ War in Europe: Britannica Editors. “Thirty Years’ War.” Updated January 6, 2026. https://www.britannica.com/event/Thirty-Years-War It ends with the treaty called the Peace of Westphalia: Gesley, Jenny. “The Peach of Westphalia.” October 24, 2017. Library of Congress. https://blogs.loc.gov/law/2017/10/the-peace-of-westphalia/ The world today is composed of nation states: Comstock, Nancy. W. “Nation State.” 2024. EBSCO. https://www.ebsco.com/research-starters/politics-and-government/nation-state Basically, at some point Europe colonized almost the entirety of the world: Becker, Bastian. “European Overseas Colonies and Their Colonizers Over Time [Interactive map].” September 18, 2023. Our World in Data. https://ourworldindata.org/grapher/european-overseas-colonies-and-their-colonizers?time=earliest This is probably not the video Steve was referencing, but it illustrates the point that everyone goes to war: ABC News (Australia). “Dozens Killed in Tribal Fighting in Papua New Guinea [Video].” August 23, 2023. https://youtu.be/EhVpKBJESB8?si=3pIXT2kaNlcmKxQp The most famous being the Hauge conventions: HCCH. “Conventions and Other Instruments.” https://www.hcch.net/en/instruments/conventions Most of the modern war crimes were as a result of World War II: Penrose, Mary Margaret. “Post-World War II Developments: Genevea Conventions.” December 10, 2025. Britannica. https://www.britannica.com/topic/war-crime/Post-World-War-II-developments The Napoleonic Wars gave rise to some: Britannic Editors. “Napoleonic Wars.” November 24, 2025. Britannica. https://www.britannica.com/event/Napoleonic-Wars The Geneva Convention in 1864: International Committee of the Red Cross. “Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Geneva, 22 August 1864.” https://ihl-databases.icrc.org/en/ihl-treaties/gc-1864 A list of war crimes, right now: BBC. “War Crimes.” https://www.bbc.co.uk/ethics/war/overview/crimes_1.shtml How to treat prisoners of war: United Nations. “Geneva Convention Relative to the Treatment of Prisoners of War.” August 12, 1949. https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-treatment-prisoners-war Respecting flags of truce: Arnold, Roberta. “Flags of Truce.” May 2006. Oxford Public International Law. https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e297 In ’49, Geneva conventions: International Committee of the Red Cross. “Geneva Conventions of 1949, Additional Protocols and Their Commentaries.” https://ihl-databases.icrc.org/en/ihl-treaties/geneva-conventions-1949additional-protocols-and-their-commentaries A lot of rules about treatment of noncombatants: United...

Steve, Mack, and Anne dig into the power dynamics of these United States. REFERENCES What about Washington, D.C.? Duignan, Brian. “What State Is Washington, D.C. In?” June 13, 2025. Britannica. https://www.britannica.com/story/what-state-is-washington-dc-in Federalism is… Legal Information Institute. “Federalism.” https://www.law.cornell.edu/wex/federalism We should start with the Tenth Amendment: Constitution Annotated. “Tenth Amendment.” https://constitution.congress.gov/constitution/amendment-10/ When James Madison and the first Congress under the Constitution were drafting a Bill of Rights: NCC Staff. “On This Day: James Madison Introduces the Bill of Rights.” June 8, 2023. National Constitution Center. https://constitutioncenter.org/blog/on-this-day-james-madison-introduces-the-bill-of-rights There were 12 proposed amendments: National Archives. “Bill of Rights.” Reviewed August 13, 2020. https://www.archives.gov/legislative/features/bor Mel Brooks and History of the World: https://youtu.be/I48hr8HhDv0?si=i9tGvexOWMqa99Km So, in Article 1, Section 8, are the powers of Congress: Constitution Annotated. “Article I Legislative Branch: Section 8 Enumerated Powers.” https://constitution.congress.gov/browse/article-1/section-8/ Article 1, Section 9, are powers denied to Congress: Constitution Annotated. “Article I Legislative Branch: Section 9 Powers Denied Congress.” https://constitution.congress.gov/browse/article-1/section-9/ Article 1, Section 10, are powers denied to the states: Constitution Annotated. “Article I Legislative Branch: Section 10 Powers Denied States.” https://constitution.congress.gov/browse/article-1/section-10/ During the revolution, we were basically a confederation: National Archives. “Articles of Confederation (1777).” https://www.archives.gov/milestone-documents/articles-of-confederation The states always had power, and originally it was royal charters: Yale Law School. “Colonial Charters, Grants, and Related Documents.” https://avalon.law.yale.edu/subject_menus/statech.asp They were all British, the original 13: Ray, Michael. “In What Order Were the 13 American Colonies Established?” July 2, 2025. Britannica. https://www.britannica.com/topic/In-What-Order-Were-the-13-American-Colonies-Established Maryland—go Catholics: History.com Editors. “The Settlement of Maryland.” Updated May 28, 2025. History.com. https://www.history.com/this-day-in-history/march-25/the-settlement-of-maryland The acts of Parliament that got everybody head up: American Battlefield Trust. “The Acts That Fueled Rebellion.” January 1, 2024. https://www.battlefields.org/learn/articles/acts-fueled-rebellion Parliament declares Massachusetts to be in rebellion: The Falmouth Historical Society. “250 Years Ago: Parliament Declares Massachusetts to be in a State of Rebellion!” https://www.thefhs.org/250-Rebellion Part of that was going through the shared experience of the French and Indian War: Office of the Historian. “French and Indian War/Seven Years’ War, 1754–63.” https://history.state.gov/milestones/1750-1775/french-indian-war The Empire is the part you’re living in: Britannica Editors. “British Empire.” December 1, 2025. https://www.britannica.com/place/British-Empire Like Jonathan Edwards: Schafer, Thomas A. “Jonathan Edwards.” October 1, 2025. Britannica. https://www.britannica.com/biography/Jonathan-Edwards They were real assholes: Mayer, Alicia. “Dominating the Unsaved: The Different Other and Cultural Imperialism in the New England Puritan Way.” April 9, 2024. Center for the Study of World Religions. https://cswr.hds.harvard.edu/news/2024/04/10/dominating-unsaved-different-other-and-cultural-imperialism-new-england-puritan-way There were Tories: Britannica Editors. “Loyalist.” January 31, 2025. Britannica. https://www.britannica.com/topic/loyalist Not even the Epstein files: Quinnipiac University. “63% Of Voters Disapprove of the Trump Administration's Handling of the Jeffrey Epstein...

Get out your dictionaries, folks! It’s time to figure out what’s happening in the U.S. of A. In this listener-suggested episode of Civics, we look at -archies, -acracies, and -isms. REFERENCES Oligarchy: https://www.merriam-webster.com/dictionary/oligarchy Many of them had a council of elders: Hodkinson, Stephen. “Gerousia.” December 22, 2015. Oxford Classical Dictionary. https://oxfordre.com/classics/display/10.1093/acrefore/9780199381135.001.0001/acrefore-9780199381135-e-2832 For Aristotle in his Politics: Internet Encyclopedia of Philosophy, “Aristotle: Politics.” https://iep.utm.edu/aristotle-politics/ Aristocracy: https://www.merriam-webster.com/dictionary/aristocracy The Soviet Union after Stalin: Little, Becky. “Soviet Union Leaders: A Timeline.” History.com https://www.history.com/articles/soviet-union-leaders-order Totalitarian: https://www.merriam-webster.com/dictionary/totalitarian You had the Politburo: Editors of Encyclopedia Brittanica. “Politburo.” March 8, 2023. Britannica. https://www.britannica.com/topic/Politburo Khrushchev: Gibney, Frank B. “Nikita Krushchev.” Updated October 27, 2025. Britannica. https://www.britannica.com/biography/Nikita-Sergeyevich-Khrushchev The Cuban Missile Crisis: Office of the Historian. “The Cuban Missile Crisis, October 1962.” https://history.state.gov/milestones/1961-1968/cuban-missile-crisis Gerontocracy: https://www.merriam-webster.com/dictionary/gerontocracy In Ancient Rome, the Senate is derived from senex which means “old man”: Merriam-Webster. “Senate: Word History.” https://www.merriam-webster.com/dictionary/senate#word-history The song that Anne was attempting to sing: https://youtu.be/ZKCiC-H2Xbg?si=bUP1DxKiJ4C0bIFv We do have a bunch of old senators: DeSilver, Drew. “Age and Generation in the 119th Congress: Somewhat Younger, With Fewer Boomers and more Gen Xers.” January 16, 2025. Pew Research Center. https://www.pewresearch.org/short-reads/2025/01/16/age-and-generation-in-the-119th-congress-somewhat-younger-with-fewer-boomers-and-more-gen-xers/ Senators were originally appointed by the state legislatures: National Archives. “17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913).” Reviewed February 8, 2022. https://www.archives.gov/milestone-documents/17th-amendment Project 2025, they are substantially entrenched in the White House right now: Wardwell, Faith. “The Key Project 2025 Authors Now Staffing the Trump Administration.” March 12, 2025. NBC News. https://www.nbcnews.com/politics/trump-administration/key-project-2025-authors-now-staffing-trump-administration-rcna195107 Sending troops into cities: Reuters. “Trump Tells U.S. Troops He is Ready to Send ‘More Than the National Guard’ Into Cities.” October 28, 2025. https://www.reuters.com/world/us/trump-tells-us-troops-he-is-ready-send-more-than-national-guard-into-cities-2025-10-28/ Sparta was an example of an oligarchy because the ephors were the ones that really had the power: Editors of the Encyclopedia Britannica. “Ephor.” December 18, 2011. https://www.britannica.com/topic/ephor Anarchy: https://www.merriam-webster.com/dictionary/anarchy Monarchy: https://www.merriam-webster.com/dictionary/monarchy What Plato described in the Republic as a philosopher king: Lane, Melissa. “Philosopher King.” February 5, 2024. Britannica. https://www.britannica.com/topic/philosopher-king Tyrant: https://www.merriam-webster.com/dictionary/tyrant Franklin Roosevelt: The White House. “Franklin D. Roosevelt.” https://bidenwhitehouse.archives.gov/about-the-white-house/presidents/franklin-d-roosevelt/ With almost 25% unemployment: Romer, Christina D. and Pells, Richard H. “Great Depression.” Updated October 26, 2025. Brittanica. https://www.britannica.com/event/Great-Depression And the Dust Bowl: Editors of Encyclopedia Britannica. “Dust Bowl.” Updated October 2, 2025. Britannica. https://www.britannica.com/place/Dust-Bowl The first 100 days where a lot of...

Mack, Steve, and Anne get into what one branch of the government isn’t doing right now. REFERENCES Congress is defined in Article I of the Constitution: Constitution Annotated. “Article I.” https://constitution.congress.gov/constitution/article-1/ They didn’t want a king: Pereira, Ivan. “Nation’s Founders Pushed Against ‘Elected King’ When Framing Presidential Powers.” July 2, 2024. ABC News. https://abcnews.go.com/Politics/nations-founders-pushed-elected-king-framing-presidential-powers/story?id=111621798 You know how Aristotle called for “balanced government”: Smith, Steven. “9. The Mixed Regime and the Rule of Law: Aristotle’s Politics, VII” [YouTube video]. Yale Courses. https://youtu.be/mKLkb4LDi5M?si=NLTY5uPD9omUdXGZ The Senate, originally, chosen by the state legislatures: United States Senate. “Landmark Legislation: The Seventeenth Amendment to the Constitution.” https://www.senate.gov/about/origins-foundations/senate-and-constitution/seventeenth-amendment.htm The Seventeenth Amendment: Constitution Annotated. “Seventeenth Amendment.” https://constitution.congress.gov/constitution/amendment-17/ Part of the Progressive Era: Editors of Encyclopedia Britannica. “The Progressive Era Key Facts.” September 28, 2020. Encyclopedia Britannica. https://www.britannica.com/summary/The-Progressive-Era-Key-Facts “No appropriations shall be made but by law”: Constitution Annotated. “ArtI.S9.C7.1 Overview of Appropriations Clause.” https://constitution.congress.gov/browse/essay/artI-S9-C7-1/ALDE_00001095/ There’s Project 2025, too: Wendling, Mike. “Project 2025: The Right-Wing Wish List for Trump’s Second Term.” February 13, 2025. BBC. https://www.bbc.com/news/articles/c977njnvq2do During Nixon’s administration, Nixon tried what is called “impoundment”: Kogan, Richard, “FAQs on Impoundment: Presidential Actions Are Constrained by Long-Standing Constitutional Restrictions.” November 21, 2024. Center on Budget and Policy Priorities. https://www.cbpp.org/research/federal-budget/faqs-on-impoundment-presidential-actions-are-constrained-by-long-standing The Supreme Court ruled that unconstitutional: Justia. “Train v. City of New York, 420 U.S. 35 (1975).” https://supreme.justia.com/cases/federal/us/420/35/ It could be a veto override: United States House of Representatives. “Presidential Vetoes.” Updated January 23, 2025. https://history.house.gov/Institution/Presidential-Vetoes/Presidential-Vetoes/ USAID: Faguy, Ana. “USAID Officially Closes, Attracting Condemnation From Obama and Bush.” July 2, 2025. BBC. https://www.bbc.com/news/articles/c307zq8ppj6o That was part of the DOGE-ness: Clarke, Jennifer. “What is DOGE and Why Has Musk Left?” May 20, 2025. BBC. https://www.bbc.com/news/articles/c23vkd57471o Project 2025 had it: Mathiasen, Karen. “Project 2025 and Development Policy: I Read It So You Don’t Have To.” July 20, 2024. https://www.cgdev.org/blog/project-2025-and-development-policy-i-read-it-so-you-dont-have Some people have not liked USAID for years: Kakissis, Joanna; Bartlett, Kate; Peralta, Eyder; and Hadid, Diaa. “How the Gutting of USAID is Reverberating Around the World: Worry, Despair, Praise.” February 11, 2025. NPR. https://www.npr.org/sections/goats-and-soda/2025/02/11/g-s1-47661/trump-musk-usaid-ukraine-south-africa-mexico-colombia-india-afghanistan-hiv Aid has stopped going to these places: Mednick, Sam; McMakin, Wilson; and Pronczuk, Monika. “USAID Cuts are Already Hitting Countries Around the World: Here are 20 Projects That Have Closed.” AP News. https://apnews.com/article/usaid-cuts-hunger-sickness-288b1d3f80d85ad749a6d758a778a5b2 Food has spoiled: Hartner, Fred. “‘The Impact has Been Devastating’: How USAID Freez Sent Shockwaves Through Ethiopia." February 21, 2025. The Guardian. https://www.theguardian.com/global-development/ng-interactive/2025/feb/21/the-impact-has-been-devastating-how-usaid-freeze-sent-shockwaves-through-ethiopia Supplies have been destroyed: Kent, Lauren. “US...

Mack, Steve, and Anne debate Constitutional law and look to fix the problems of our country in our first episode of season 3. References What is independent? Merriam-Webster. “Independent.” https://www.merriam-webster.com/dictionary/independent What is justice? https://youtu.be/wEBlaMOmKV4?si=difVAzt3cTdBuLvG So, we have three branches: USA.gov. “Branches of the U.S. Government.” https://www.usa.gov/branches-of-government The power of the executive is vested in one person: Legal Information Institute. “Executive Power.” Cornell Law School. https://www.law.cornell.edu/wex/executive_power At the Constitutional Convention: Office of the Historian. “Constitutional Convention and Ratification, 1787–1789.” https://history.state.gov/milestones/1784-1800/convention-and-ratification William Paterson’s New Jersey plan: Metych, Michele. “New Jersey Plan.” December 21, 2024. Encyclopedia Britannica. https://www.britannica.com/topic/New-Jersey-Plan The Garden State: NJ.gov. “Nickname.” https://www.nj.gov/nj/about/facts/nickname.shtml Under the Virginia plan: Metych, Michele. “Virginia Plan.” March 7, 2023. Encyclopedia Britannica. https://www.britannica.com/topic/Virginia-plan They weren’t there: Kratz, Jessie. “‘Rogue Island’: The last state to ratify the Constitution.” May 18, 2015. National Archives. https://prologue.blogs.archives.gov/2015/05/18/rogue-island-the-last-state-to-ratify-the-constitution/ A plural executive: Center for the Study of the American Constitution. “The Debate Over the President and the Executive Branch.” University of Wisconsin-Madison. https://csac.history.wisc.edu/document-collections/constitutional-debates/executive-branch/ The Romans had two consuls: The Editors of Encyclopedia Britannica. “Consul.” April 30, 2025. https://www.britannica.com/topic/consul-ancient-Roman-official Which version of the Roman again: National Geographic Society. “Rome’s Transition From Republic to Empire.” October 18, 2024. https://education.nationalgeographic.org/resource/romes-transition-republic-empire/ Texas has a plural executive: Regalado, Daniel M. “The Texas Plural Executive and Bureaucracy in Texas.” https://oercommons.org/courseware/lesson/108182/student/?section=13 In case you didn’t get why we all laughed at the Attorney General of Texas: Scherer, Jasper. “Ken Paxton Agrees to Community Service, Paying Restitution to Avoid Trial in Securities Fraud Case.” March 26, 2024. The Texas Tribune. https://www.texastribune.org/2024/03/25/ken-paxton-plea-deal-securities-fraud-felony/ The Agricultural Commissioner, you know, Sid Miller: Texas Department of Agriculture. “Commissioner Sid Miller.” https://texasagriculture.gov/About/Commissioner-Miller Nixon was not above the idea of having the IRS go after enemies: Thorndike, Joseph J. “Tax History: Nixon Aide Tried to Weaponize the IRS by Pressuring the Commissioner.” March 13, 2023. Tax Notes. https://www.taxnotes.com/tax-history-project/tax-history-nixon-aide-tried-weaponize-irs-pressuring-commissioner/2023/03/10/7g45r There’s also the issue of J. Edgar Hoover: Talbot, Margaret. “J. Edgar Hoover, Public Enemy No. 1.” November 14, 2022. The New Yorker. https://www.newyorker.com/magazine/2022/11/21/j-edgar-hoover-public-enemy-no-1 Kissinger—copresident may be too strong a term, but it’s not far off: Skidmore, David. “Henry Kissinger and the Seductions of Power” [Commentary]. December 2, 2023. Iowa Capital Dispatch. https://iowacapitaldispatch.com/2023/12/02/henry-kissinger-and-the-seductions-of-power/ In the organic statute: Ballotpedia. “Organic Statute.” https://ballotpedia.org/Organic_statute Congress passed a law saying an FBI Director will be nominated for one 10-year term: FBI. “Directors, Then and Now.” https://www.fbi.gov/history/directors Which is where the word comes from: Merriam-Webster. “Dictator: Etymology.” https://www.merriam-webster.com/dictionary/dictator#word-history The President’s emergency powers: Brennan Center for...

To celebrate two years of Civics on the Rocks, we’re going on vacation! We’re not going to have a full episode this month. Instead, you get this silliness. Enjoy!

Mack and Steve show no forgiveness as they discuss one of the president’s broadest powers. REFERENCES Who does have the power? The President: Constitution Annotated. “ArtII.S2.C1.3.1 Overview of Pardon Power.” Congress.gov. https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/ It depends on each state and each state constitution, but each state governor has it: ACLU. “What’s at Stake.” https://www.aclu.org/issues/smart-justice/parole-and-release/clemency-and-pardons A commutation: Legal Information Institute. “Commutation.” Reviewed January 2025. Cornell Law School. https://www.law.cornell.edu/wex/commutation A reprieve: Legal Information Institute. “Reprieve.” Reviewed August 2021. Cornell Law School. https://www.law.cornell.edu/wex/reprieve A pardon: Editors of the Encyclopaedia Britannica. “Pardon.” Updated May 29, 2025. Britannica. https://www.britannica.com/topic/pardon Carter’s pardon of draft dodgers: Hernandez, Joe. “Seeking to Heal the Country, Jimmy Carter Pardoned Men Who Evaded the Vietnam War Draft.” January 4, 2025. NPR. https://www.npr.org/2025/01/04/1158874141/jimmy-carter-vietnam-draft-evaders-pardon What is the sentence for dodging the draft: Selective Service System. “Penalties for Failing to Register.” https://www.sss.gov/register/benefits-and-penalties/ Is there a governmental system where no pardon power is available? The short answer is no, but other countries regulate the power differently than the United States does: Mellen, Ruby. “Pardon Power Is Common Around the World. Few Leaders Use It Like Trump Has.” Updated February 18, 2021. The Seattle Times. https://www.seattletimes.com/nation-world/pardon-power-is-common-around-the-world-few-leaders-use-it-like-trump-has/ So, in Texas, the governor has the power to pardon, but only if it is recommended by the Texas Board of Pardons and Paroles: Texas Board of Pardons and Paroles. “Clemency.” Updated January 2, 2019. https://www.tdcj.texas.gov/bpp/exec_clem/exec_clem.html Crimes, not civil judgements: LawHelp.org. “The Differences Between Criminal Court and Civil Court.” https://www.lawhelp.org/resource/the-differences-between-criminal-court-and-ci It was legal under state law but the Feds picked him up: Glaister, Dan. “California: Marijuana Law Goes Up in Smoke as Federal Agencies Raid Dispensaries.” August 10, 2008. The Guardian. https://www.theguardian.com/world/2008/aug/11/drugstrade.internationalcrime If you want to learn more about the changing legality of marijuana: Bryan, Kate. “Cannabis Overview.” June 20, 2024. National Conference of State Legislatures. https://www.ncsl.org/civil-and-criminal-justice/cannabis-overview The president cannot pardon people convicted of state crimes: Office of the Pardon Attorney. “Frequently Asked Questions.” Updated June 16, 2025. Department of Justice. https://www.justice.gov/pardon/frequently-asked-questions Can a president pardon himself (asking for a friend): Watson, Kathryn. “Can a President Pardon Himself?” Updated May 30, 2024. CBS News. https://www.cbsnews.com/news/can-a-president-pardon-himself/ If you don’t understand what Mack meant by “a common law principle,” here’s a nice primer: UC Berkeley School of Law. “The Common Law and Civil Law Traditions [PDF].” https://www.law.berkeley.edu/wp-content/uploads/2017/11/CommonLawCivilLawTraditions.pdf You cannot indict a sitting president: Legal Information Institute. “Indictment of Presidents.” Reviewed March 2023. Cornell Law School. https://www.law.cornell.edu/wex/indictment_of_presidents Can a president pardon someone for future charges? The short answer is yes: Office of the Pardon Attorney. “Frequently Asked Questions.” Updated June 16, 2025. Department of Justice. https://www.justice.gov/pardon/frequently-asked-questions Ford pardoned Nixon in advance of any charges being brought: Gerald R. Ford Presidential Library and Museum. “Nixon Pardon.”...

Listen to Mack and Steve discuss checks, balances, and how it always comes back to we, the people. REFERENCES There’s three coequal branches: The White House. “Our Government.” https://www.whitehouse.gov/government/ Take France: Georgetown Law Library. “The Structure of the French Legal System.” https://guides.ll.georgetown.edu/francelegalresearch/legalsystem Or Britain: Courts and Tribunals Judiciary. “Overview of the Judiciary.” https://www.judiciary.uk/about-the-judiciary/history-of-the-judiciary-in-england-and-wales/history-of-the-judiciary/ What you would call a civil law system: Legal Information Institute. “Civil Law.” Reviewed October 2022. Cornell Law School. https://www.law.cornell.edu/wex/civil_law Stemming from Roman law code, which was codified under Justinian: Jolowicz, Herbert Felix, and Kiralfy, Alber Roland. “The Law of Justinian.” Reviewed March 26, 2025. Britannica. https://www.britannica.com/topic/Roman-law/The-law-of-Justinian Later you had the Napoleonic code: The Editors of Encyclopaedia Britannica. “Napoleonic Code.” Updated April 30, 2025. Britannica. https://www.britannica.com/topic/Napoleonic-Code We were part of the common law tradition that comes from England: Legal Information Institute. “Common Law.” Reviewed May 2020. Cornell Law School. https://www.law.cornell.edu/wex/common_law Even in states where judges are elected: Ballotpedia. “Judicial Election Methods by State.” https://ballotpedia.org/Judicial_election_methods_by_state What a negative election is: National Conference of State Legislatures. “Recall of State Officials.” https://www.ncsl.org/elections-and-campaigns/recall-of-state-officials Georgia does it that way: Ballotpedia. “Laws Governing Recall in Georgia.” https://ballotpedia.org/Laws_governing_recall_in_Georgia The ground zero of law: National Archives. “The Constitution of the Unites States: A Transcription.” https://www.archives.gov/founding-docs/constitution-transcript Three-fourths of the state ratifying conventions voted to ratify, and eventually all of them did: NCC Staff. “The Day the Constitution Was Ratified.” June 21, 2024. National Constitution Center. https://constitutioncenter.org/blog/the-day-the-constitution-was-ratified The entire“supreme law of the land” quote: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Constitution Annotated. “Article VI.” https://constitution.congress.gov/constitution/article-6/ A little about how it got ratified: Glover, Lorri. “Nothing Inevitable: The Struggle for Ratification.” Organization of American Historians. https://www.oah.org/tah/the-american-republic/nothing-inevitable-the-struggle-for-ratification/ In case you are unfamiliar with this thing called precedent: Legal Information Institute. “Precedent.” Reviewed March 2024. Cornell Law School. https://www.law.cornell.edu/wex/precedent They ruled that somebody shouldn’t be deported from the country: Martínez-Beltrán, Sergio. “Supreme Court Extends Pause on Deportations Under Alien Enemies Act in Texas.” May 16, 2025. NPR. https://www.npr.org/2025/05/16/g-s1-67244/supreme-court-texas-alien-enemies-act That’s what you usually think about when you think about judges, the ones under Article III: United States Courts. “Types of Federal Judges.” https://www.uscourts.gov/about-federal-courts/types-federal-judges You have to be appointed by the president and confirmed by the senate: Offices of the United States Attorneys. “Introduction to the Federal Court System.” https://www.justice.gov/usao/justice-101/federal-courts But then you serve for life: Lee, Hyungi. “Lifetime Appointments of Federal Judges: A Double-Edged Sword.” November 22,...