The United States Constitution

How to Invest In The Spanish Stock Market

ira@irakrakow.com (Ira Krakow) — Fri, 13 Jul 2007 02:51:00 +0000

I am a contributing writer to thestreet.com and stockpickr.com. My wife and I just returned from Spain and I wrote an article on whether Spanish stocks are a good investment. How to Play the Spanish Stock Market

How Intel and Microsoft are Killing the $100 Laptop Project

ira@irakrakow.com (Ira Krakow) — Tue, 19 Jun 2007 01:25:46 +0000

Intel and Microsoft are making sure that 1 billion poor children in the world will permanently be excluded from cheap PC access. MIT’s One Laptop Per Child (OLPC) project, the brainchild of Professor Nicholas Negroponte, has built a revolutionary laptop for $100 that has wi-fi, email, word processing, and so on - a full featured Fedora [...]

Will the Supreme Court Strike Down All Handgun Laws?

ira@irakrakow.com (Ira Krakow) — Mon, 19 Mar 2007 18:59:42 +0000

I’m not a lawyer. However, I want to understand the recent ruling of the DC Circuit Court of Appeals which appears to set the stage for the Supreme Court striking down handgun laws. The Second Amendment to our Constitution states: A well regulated militia, being necessary to the security of a free state, the [...]

Supreme Court Approved Forced Sterilization

ira@irakrakow.com (Ira Krakow) — Mon, 26 Feb 2007 20:03:33 +0000

Virginia just apologized for slavery. An apology to African Americans and native Americans is long overdue. Not as well known is that Virginia also legally sterilized some of its white citizens because it considered them as mentally inferior. A 1924 Virginia statute allowed this. In 1927, the Supreme Court, by an [...]

Make Presidential Candidates Support Massachusetts Gay Marriage

ira@irakrakow.com (Ira Krakow) — Fri, 23 Feb 2007 21:58:14 +0000

The Attorney General of Rhode Island says that Rhode Island should recognize Massachusetts gay marriage. According to Attorney General Patrick Lynch, since there is no Rhode Island law banning gay marriage, there’s no reason not to recognize Massachusetts same-sex unions. The reason this came up was because a gay couple married in Massachusetts [...]

Congress Has The Power To Stop The Iraq War

ira@irakrakow.com (Ira Krakow) — Fri, 16 Feb 2007 19:09:16 +0000

President Bush (the self-anointed “decider”) seems to believe that he has the ultimate decision about whether or not to stop the Iraq war. If so, he should re-read both the Constitution and the oath of office that he swore to uphold, on the Bible - to “preserve, protect, and defend the Constitution of the [...]

Can the Governor of Texas Force 6th Graders to be Vaccinated Against HPV?

ira@irakrakow.com (Ira Krakow) — Fri, 09 Feb 2007 20:15:45 +0000

Rick Perry, the Governor of Texas, signed an executive order that requires all Texas schoolgirls entering the 6th grade to be vaccinated against Human Papilloma Virus (HPV). Here is the text of Governor Perry’s order. Governor Perry claims he has the authority to do this because: NOW THEREFORE, I, RICK PERRY, Governor of Texas, [...]

The 1863 New York Draft Riot: A Hint of Things To Come?

ira@irakrakow.com (Ira Krakow) — Thu, 01 Feb 2007 21:30:01 +0000

I came across this article in the Kansas City Star, which asks the hard question of whether the United States needs to restart the draft. Can an all-volunteer army be maintained over the long term, especially since President Bush has declared that the Global War on Terror is of unknown duration and the enemies [...]

If You Want to See Why the Bush Iraq Plan Will Fail, Go To Vietnam

ira@irakrakow.com (Ira Krakow) — Mon, 15 Jan 2007 18:17:24 +0000

Many of you have sent me emails wondering why I have not produced any episodes in nearly a month. The reason: my wife and I just returned from a cruise of Southeast Asia. We were gone nearly 3 weeks and visited Singapore, Thailand, Vietnam, China, and Hong Kong. Why a cruise? [...]

What is the Legal Status of an Indian Tribe?

ira@irakrakow.com (Ira Krakow) — Sat, 09 Dec 2006 18:47:11 +0000

Yesterday, I chanced on an interesting article in the business section of my local paper. The Seminole Indians purchased the Hard Rock Cafe for $965 million. That’s a pretty large amount of money. That got me to thinking - how did the Seminoles get all that money? Are all Indian tribes [...]

The Indian Source Of The Declaration And The Constitution

ira@irakrakow.com (Ira Krakow) — Wed, 06 Dec 2006 18:52:33 +0000

In the standard high school history textbooks, the primary sources of the ideas behind the Constitution are almost entirely from western Europe. We read about English common law, laws from ancient Greece and Rome, and French civil law. Then, by some sort of magic, the Framers added their original genius, ideas about democracy, [...]

How the Seminoles Resisted Removal from Florida

ira@irakrakow.com (Ira Krakow) — Fri, 01 Dec 2006 21:35:52 +0000

After you read this post, you won’t look at a 20 dollar bill - the one with Andrew Jackson’s face on it - the same way again. When you think of the wars in American history, a standard list - including the French and Indian War, the American Revolution, the War of 1812, [...]

How the Cherokee Indian Nation Was Forcibly Relocated to Oklahoma

ira@irakrakow.com (Ira Krakow) — Fri, 24 Nov 2006 18:23:05 +0000

This episode, certainly appropriate for Thanksgiving, describes how the Cherokee Indian Nation, the original inhabitants, for thousands of years, of Georgia, North Carolina, Alabama, and other southeastern states, were ethnically cleansed (the term used at the time was “removed”) to Indian Territory, a dry prairie, a totally hostile environment, even though they had lived in [...]

The Legal Basis of Indian Ethnic Cleansing

ira@irakrakow.com (Ira Krakow) — Tue, 21 Nov 2006 21:55:48 +0000

This is the first of two episodes in which I will discuss how we cleared out the native Americans (I’ll use the word Indians, in spite of it’s political incorrectness, in my discussion because that was the word used at the time), from the lands east of the Mississippi River. It’s a sad and [...]

The Election of 1824 - When (Some of) the Candidates Determined the Outcome

ira@irakrakow.com (Ira Krakow) — Thu, 16 Nov 2006 19:21:29 +0000

Picture this: an election where there was only one party, but with four main candidates all from that party. The people in 3/4 of the states get to vote for Presidential electors who are supposed to vote for the candidate of their choice. In the other 1/4 of the states, no elections [...]

Roe v. Wade - The Inside Story

ira@irakrakow.com (Ira Krakow) — Tue, 14 Nov 2006 16:33:43 +0000

Here’s a Final Jeopardy Question: “Who were the only two Supreme Court Justices who were kindergarten classmates?” The Final Jeopardy Answer: “Warren Burger and Harry Blackmun“. Both Burger and Blackmun were appointed by President Nixon who, in 1972, campaigned against a woman’s right to an abortion. In Supreme Court [...]

World War I - The Most Unpopular War In Our History?

ira@irakrakow.com (Ira Krakow) — Thu, 09 Nov 2006 17:04:39 +0000

I’m writing this the day after Election Day. Yesterday’s election saw the voters switch control of the House of Representatives to the Democrats. As I write this, the Democrats have won control of of the Senate as well, 51 to 49. Some commentators see the result as a referendum on Iraq. It [...]

What To Do If You Are Denied Your Right To Vote - Please Repost

ira@irakrakow.com (Ira Krakow) — Mon, 06 Nov 2006 21:42:48 +0000

Toll free number to call if you are denied your right to vote: 1-866-OURVOTE. Electionprotection.com - nonpartisan Web site that describes the issues and actions you can take to make sure your vote is counted. Get information about election requirements in your state. Find your polling place CanIvote.org - find out if you are registered Request an absentee ballot Tomorrow [...]

Reapportionment: The Failure of One Person, One Vote

ira@irakrakow.com (Ira Krakow) — Mon, 06 Nov 2006 17:05:04 +0000

There has been an attempt to correct some of the flaws in the Constitutional system of allowing the states almost total freedom in deciding who is allowed to vote. I’m referring to the reapportionment movement, the way that each state legislature carves out Congressional districts. The movement is recent - it dates from [...]

Is “One Person One Vote” A Constitutional Right?

ira@irakrakow.com (Ira Krakow) — Fri, 03 Nov 2006 16:06:38 +0000

You might think, because the Constitution begins with the phrase, “We, the People of the United States of America”, that the Framers wanted all of our votes to count equally. Nothing could be further from the truth. Those (and these include current justices such as Clarence Thomas and Antonin [...]

Is There A Constitutional Right to Withhold Life Support Or to Die With Dignity?

ira@irakrakow.com (Ira Krakow) — Wed, 01 Nov 2006 18:38:55 +0000

In this episode, I will discuss, in brief outline, whether or not there is an implicit right of a loved one to withhold life support, such as disconnecting a patient in a “persistent vegetative state” from a respirator or withholding intravenous nutrition from that patient. I will also discuss the Oregon “death with dignity” [...]

How to Get a Legal Abortion in Pennsylvania - Planned Parenthood v Casey, 1992

ira@irakrakow.com (Ira Krakow) — Mon, 30 Oct 2006 16:11:27 +0000

Pennsylvania is not only the birthplace of the Declaration of Independence and the Constitution. It’s the home of the National Constitution Center, where all your questions about the Constitution can be answered. It’s also the state which passed the Pennsylvania Abortion Control Act of 1982, which defines the steps to get a legal [...]

Is a Massachusetts Gay Marriage Legal in All States?

ira@irakrakow.com (Ira Krakow) — Fri, 27 Oct 2006 16:30:45 +0000

I am a citizen of both the United States of America and the Commonwealth of Massachusetts. Massachusetts is the only state (even though Massachusetts, like Kentucky and Pensylvania, is technically a Commonwealth, for legal purposes Massachusetts is a state as well) where same sex marriage is legal. Are all the other states, and [...]

Is a State Law Limiting Bakery Workers to a 60 Hour Week Unconstitutional?

ira@irakrakow.com (Ira Krakow) — Wed, 25 Oct 2006 20:59:28 +0000

In almost all businesses, there are signs prominently posted, that limit employees work day or work week to a certain number of hours, or that require a minimum wage for workers. These are Federal laws. Did you ever wonder why those laws apply to the little mom and pop candy store on the [...]

Was Vice President Aaron Burr Guilty of Treason?

ira@irakrakow.com (Ira Krakow) — Mon, 23 Oct 2006 16:22:31 +0000

Here’s my suggestion for a Final Jeopardy Answer: “Who was the only Vice President who was tried for treason?”. I’ll even add a hint: “He also was the only Vice President who killed a political opponent while in office”. Think of Dick Cheney with better aim. Give up? The answer is [...]

World War II Treason Cases - Cramer, ex parte Quirin, Haupt, Tokyo Rose, Kawakita

ira@irakrakow.com (Ira Krakow) — Mon, 16 Oct 2006 10:40:57 +0000

The Bush administration has recently decided to try Adam Gadahn, an American citizen, for treason, for making tapes for Al Quaeda. Gadahn, 28, of Santa Ana, California, was indicted last Wednesday by a Federal grand jury for allegedly making tapes that called for the death of Americans and for attacks on United States [...]

How did the Supreme Court Decide the Election of 2000?

ira@irakrakow.com (Ira Krakow) — Thu, 12 Oct 2006 18:52:05 +0000

Read the decision and opinions on Bush v. Gore (from Findlaw) As is well known, the Presidential election of 2000, between George W. Bush and Al Gore, hinged on the Florida electoral votes. Ultimately, it was decided by the Supreme Court, in the case of Bush v. Gore. What constitutional issues were involved? [...]

The Election of 1876: How the South Won the Civil War

ira@irakrakow.com (Ira Krakow) — Sat, 07 Oct 2006 14:04:34 +0000

In the previous episode, I discussed the Election of 1800, in which Jefferson won the popular vote, but the question of whether he would win the electoral vote, and thus the election, was very much in doubt. In the end, the people’s will prevailed, and Jefferson was declared the winner. The 12th Amendment, [...]

The Election of 1800: The Most Messed Up Election in US History

ira@irakrakow.com (Ira Krakow) — Wed, 04 Oct 2006 10:37:48 +0000

You might think that the 2000 Presidential election, between George Bush and Al Gore, complete with hanging chads and a unilateral proclamation from the Supreme Court declaring Bush as the victor, was the most messed up election in our history. Compared to the election of 1800, which ultimately resulted in the election of Thomas [...]

How Does the Military Commissions Act of 2006 Challenge the Constitution?

ira@irakrakow.com (Ira Krakow) — Fri, 29 Sep 2006 17:51:42 +0000

Today is a historic day. By a vote of 65-34, the Senate passed the S3930 - Military Commissions Act of 2006. There are some minor variations with the House version, but it’s a done deal. President Bush might sign it as soon as tomorrow. The following Democratic Party senators voted for [...]

Is the Bill of Rights Really Necessary?

ira@irakrakow.com (Ira Krakow) — Thu, 28 Sep 2006 19:51:44 +0000

Before I start this episode, I’d like to invite all of you to participate in the United States Constitution Yahoo Group. I have found Yahoo Groups to be a great way to extend the discussion, to make it more interactive and to allow everyone’s voice to be heard. So go to www.irakrakow.com/constitution/ and [...]

How Can The 10 Commandments Be Displayed On Government Property Without Violating the 1st Amendment?

ira@irakrakow.com (Ira Krakow) — Wed, 27 Sep 2006 19:02:14 +0000

The Establishment Clause of the 1st Amendment states that “Congress shall make no law respecting the establishment of religion”. Two recent cases, both argued before the Supreme Court on March 2, 2005 and decided on June 27, 2005, addressed the issue of whether a display of the 10 Commandments on government property violated the [...]

What Were The Lincoln-Douglas Debates About?

ira@irakrakow.com (Ira Krakow) — Tue, 26 Sep 2006 17:29:15 +0000

This is a follow-up episode to my discussion of Dred Scott, which played an important, even central, role, in the Lincoln-Douglas debates. The Lincoln-Douglas debates were a series of 7 debates in each county of Illinois except for Chicago (Douglas’ home county) and Springfield (Lincoln’s home county), between August 21, 1858 and October 15, [...]

The Dred Scott Ruling: Judicial Activism or Original Intent of the Framers?

ira@irakrakow.com (Ira Krakow) — Mon, 25 Sep 2006 18:08:10 +0000

Read the majority opinion in Dred Scott v Sandford (1857), written by Justice Roger Taney. I’m a regular viewer of the ESPN Classic program “Who’s #1?”. They count down, from Number 20 to Number 1, things like Gutsiest Pitchers, Greatest Team Choking Seasons, Best NCAA Championship Teams, and Players With The Worst NFL Careers After [...]

Copyright and the Constitution

ira@irakrakow.com (Ira Krakow) — Fri, 22 Sep 2006 14:55:15 +0000

You just heard a 45 second promotional audio file for the Financial Aid Podcast, hosted by Christopher Penn. I enthusiastically recommend the Financial Aid Podcast to parents, students, teachers, counselors, and anyone else involved in the financial aid process. Chris shares information that is difficult to come by even from guidance counselors or [...]

Can a Convicted Murderer Under Age 18 Be Legally Executed?

ira@irakrakow.com (Ira Krakow) — Tue, 19 Sep 2006 12:22:56 +0000

The Eighth Amendment states, in part, that laws that inflict “cruel and unusual punishments” are unconstitutional. The full text is: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. As is common in determining whether or not a law is unconstitutional, each word must be examined both separately and [...]

Join the United States Constitution Yahoo Group!

ira@irakrakow.com (Ira Krakow) — Sun, 17 Sep 2006 02:25:14 +0000

I created a Yahoo group called (what else!) The United States Constitution. You can join it by clicking on the link below: Join The United States Constitution Yahoo Group! I added a handy button on our Web site as well. If you click on the button, you can join the United States Constitution Yahoo Group. I [...]