Civil Discourse

Aughie and Nia tell the story of Roy Olmstead, a bootlegger during the Prohibition  Era and eventual petitioner in the Olmstead v United States SCOTUS case. 

In this episode of Can He Do That?, Aughie and Nia discuss the written Constitution versus the Constitution in practice when it comes to presidential declarations of war.

Aughie and Nia discuss the Warren Court, years 1953 to 1969. Earl Warren oversaw the Court during a time of great social change in the United States. In this second episode of the Warren Court, Aughie goes over the landmark cases that show the progressive judicial philosophy of the Warren Court.

Nia and Aughie tell the story behind the Prohibition leader Caroline (Carrie) Amelia Moore Gloyd Nation. 

Aughie and Nia discuss the Warren Court, years 1953 to 1969. Earl Warren oversaw the Court during a time of great social change in the United States. In this first episode of the Warren Court, Aughie explains the background and leadership qualities of Earl Warren as a governor of California among other positions.

Aughie and Nia explore the life and career of Learned Hand (January 27, 1872 - August 18, 1961). Billings Learned Hand was an American jurist, lawyer, and judicial philosopher. He served as a federal appellate judge in the U.S. Court of Appeals for the Second Circuit from 1924 to 1961.

Aughie and Nia explore the Vinson Court, years 1946 - 1953. Fred M. Vinson saw the Court through the post war years and into the Cold War. The Court's decisions reflected the continuing ideological battle between judicial restraint and civil rights activism.

Nia and Aughie discuss John Foster Dulles (February 25, 1888 - May 24, 1959). Dulles was an American politician, lawyer, and diplomat who served as United States Secretary of State under President Dwight D. Eisenhower from 1953 until his resignation in 1959.

Aughie and Nia work through the ruling, concurrences, dissents, and implications of the U.S. Supreme Court's decisions in the Trump Tariff cases.

Aughie and Nia discuss the Stone Court, years 1941 - 1946.  Harlan Fiske Stone served first as an Associate Justice, and then as the Chief Justice, over a Court that issued several important war-time rulings.  Despite its ruling in the Korematsu case, Stone oversees a gradual warming to civil rights and liberties on the Court.

Nia and Aughie discuss Ernesto Miranda of Miranda v Arizona. Miranda's case brought about the Miranda Rights declarations that officers make when arresting an individual.

Aughie and Nia explore the Hughes Court, years 1930 - 1941. Charles Evans Hughes managed many personnel changes; he wrangled lots of strong personalities and widely divergent judicial philosophies in his time as Chief Justice. Hughes brought tremendous political skill to navigating this court in transition.

Aughie and Nia discuss Sam Ervin, a man of many contradictory positions and Chairman of the Watergate Hearings in the U.S. Senate.

Aughie and Nia explore the Taft Court, years 1921 - 1930. William Howard Taft is the only Chief Justice to have served as President of the United States. His court was conservative, leaning in the pro business direction in terms of striking down regulations of the economy. 

Nia and Aughie explain who Carrie Buck was, of the Supreme Court case Buck v Bell (1927). 

Aughie and Nia discuss the Whie Court, ears 1910 - 1921. Edward Douglass White was the first Associate Justice to be elevated to the position of Chief Justice. The White Court was slightly less conservative than the previous Fuller Court, choosing to favor regulations under the Commerce Clause and upholding the federal income tax.

Aughie and Nia explore some of the local and state government traditions of celebrating the holiday season.

Aughie and Nia discuss the Fuller Court, years 1888 - 1910. Melville Fuller was widely regarded as an adequate administrator but not a great intellectual. His court followed in the conservative steps of the Waite Court.

Aughie and Nia discuss the oral arguments before the US Supreme Court in consolidated cases Learning Resources, Inc v Trump and Trump v V.O.S. Selections. These cases argue that the Presidential imposition of tariffs is unconsitutional.

Nia and Aughie discuss the recent arguments before the US Supreme Court in the case Watson v The National Republican Party. This case questions whether states can allow counting of mail-in ballots after Election Day.

Nia and Aughie discuss the Morrison Waite Court, years 1874 - 1888. The Waite Court had the opportunity several times to further civil rights, but did not; the Court found the Civil Rights Act of 1875 unconstitutional, and followed with similar judgments.

Aughie and Nia summarize the results of the 2025 Virginia elections.

Aughie and Nia continue the SCOTUS Court eras discussion by talking about the Court of Chief Justice Salmon Portland Chase. The Chase Court era lasted from 1864 - 1873. Chase's Court tried to define the rights of formerly enslaved people as well as defining the immutability of the Union.

 Nia and Aughie talk about the fifth U.S. Supreme Court's Chief Justice, Roger Brooke Taney.  Taney's Court lasted from 1836 - 1864, notably presiding over the Dred Scott case as well as cases that further defined the Commerce Clause and set into stone the idea that the Court should consider the Political Question Doctrine when taking a case. 

Aughie and Nia discuss the demolition of the East Wing of the White House to make way for a new ballroom.

Aughie and Nia explore the contributions and impact of the Marshall Court. In part two, they discuss the pivotal cases of the SCOTUS in this era, as well as the influence of Marshall on the institution of the Court.

In this episode, Aughie and Nia explore the question of whether Donald Trump can remove Rosie' O'Donnell's American citizenship. 

Aughie and Nia explore the contributions and impact of the Marshall Court. In part one, they discuss Chief Justice John Marshall's personal history and the formalizing of the U.S. Supreme Court rules under his leadership.

In a new series, Aughie and Nia are exploring the United States Supreme Court Eras, usually defined by the name of the Chief Justice of the era. In this first episode the first eleven years of the Court (Chiefs Jay, Rutledge, and Ellsworth) are covered as a group, since there really wasn't a lot accomplished in this period.

Aughie and Nia discuss the cases that support the SCOTUS decision to allow the firing of Lisa Slaughter to stand. Slaughter is a member of an independent regulatory agency.

Aughie and Nia discuss the issues at stake when President Trump called for the firing of Lisa Cook, a Federal Reserve Board Governor. SCOTUS will take up this issue in January of 2026.

Aughie and Nia discuss the legal and Constitutional answers to the question: Can President Trump order the destruction of Venezuelan boats?

Nia and Aughie discuss the legal and Constitutional answers to the question: Can President Trump rename the Department of Defense?

Aughie and Nia discuss the final Federalist Paper in this series, number 78. In this Federalist Paper, Alexander Hamilton tackles the appointment of judges and justices in the Judicial Branch of the proposed government. Brutus (likely Robert Yates) responds in Brutus papers 11, 12, and 15. 

Nia and Aughie discuss Federalist Paper 68, the election of the President of the United States. Alexander Hamilton lays out the electoral college in Federalist 68. The response, Cato 4, was likely written by George Clinton. 

Aughie and Nia discuss Federalist Paper 51, which lays out checks and balances in the proposed federal government. James Madison is the author of Federalist 51. Centinel 1, by Samuel Bryan, responds.

Aughie and Nia explore the rather difficult year Chief Justice John Roberts has had in the keeping the SCOTUS on track and productive.

Aughie gives listeners a preview of some of the cases that have been accepted for adjudication in the next SCOTUS term, including: Louisiana v. Calais, Landor v. Louisiana Department of Corrections and Public Safety, Hamm v. Smith, Elingburg v. U.S., Chiles v. Salazar, National Republican Senatorial Committee v. FEC, Urias-Orellana v. Bondi, and a combination of two cases, Little v. Hecox and West Virginia v. B.J.P.

Nia and Aughie discuss the following case rulings: Free Speech Coalition v. Paxton, Mahmoud v. Taylor, and Trump v CASA.

Nia and Aughie discuss the following case rulings:  Oklahoma Statewide Charter Board v. Drummond, Smith & Wesson Brands v. Estados Unidos Mexicanos, Catholic Charities Bureau v. Wisconsin Labor & Industry Commission, Ames v. Ohio Department of Youth Services, and Martin v. United States.