The American Constitutionalist

The American Constitutionalist Episode 19 – September 22, 2020 

Ruth Bader Ginsburg was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1993 until her death in this past Friday. She was nominated by President Bill Clinton and was generally viewed as a moderate judge who was a consensus builder at the time of her nomination. She eventually became part of the liberal wing of the Court as the Court shifted to the right over time. Ginsburg was the second woman to serve on the U.S. Supreme Court, after Sandra Day O'Connor.  During her tenure, Ginsburg wrote notable majority opinions.

The American Constitutionalist Podcast panel dig into some of the high points of the process involved with replacing the Supreme Court seat vacated by the passing of Justice Ginsburg.

Moderator Jeff Tokar is joined by Cliff DeCamp, David Gibbs and Lonny Wilder as they take on another of the American Resolutions: “The United States of America was founded upon a Christian Worldview, which among other things, promotes the sanctity of life”. The Resolution goes on to call for the "defunding of any federally funded organization that practices abortion or infanticide".

If you would like to participate in our Podcast please submit all questions and/or discussion topic suggestions to this Email address: [email protected]

The American Constitutionalist Episode 18 – September 17, 2020

The benefit of privilege and freedom is related to maintaining the integrity of American citizenry. Accordingly, the U.S. Census should be based on citizenship and should provide voting reform to ensure fair, balanced, non-bias election procedures to prevent voting suppression or fraud. This is the first topic of this week’s continuation of the American Constitutionalist Podcast coverage of the American Resolution by panelists Jeff Tokar, Cliff DeCamp and Lonny Wilder.

Next, panelists take on the controversial issue of the Electoral College versus the popular vote. The US Constitution provides that the election of the United States President should be through the use of the Electoral College system, in order to prevent a small number of states with large populations from deciding Presidential elections without the input of smaller states.  

Please participate with us in our Podcasts with any questions or suggestions you may have for future topics we can tackle. As always, we appreciate your support by sharing The American Constitutionalist Podcast with your family and friends. Write to us at this address: [email protected]

Jeff Tokar hosts this special edition of The American Constitutionalist taking a look at the national sports controversy of kneeling for our National Anthem and Flag.  The NFL starts the 2020-21 season this week. Will you watch and support those who kneel or are you fed up with the great political and culturally correct divide it is creating in this great republic. Please take the time to listen to this special podcast and if you agree pass it on to friends, family and fellow American Patriots!

The American Constitutionalist Episode 17 – September 9, 2020

This week’s American Constitutionalist Podcast begins the first of a series on the American Resolution, a broad base appeal to American politicians to commit to the American electorate to fulfill a campaign promise returning government, order, and common sense back to the foundation of America and its people. 

First up this week the American Constitutionalist panel delve into the notion that the validation of the authority of the United States Constitution is the only law in the United States of America, divinely inspired, superseded by none other, and literal in its interpretation. 

Next, the team discuss term limits. Since America's founding in 1776, term limits have been a hotly debated issue in U.S. politics. Yet, even from the very beginning the power of term limits to guard against oligarchy and preserve representative government was well understood. American Constitutionalist Moderator Jeff Tokar is joined by panelists Cliff DeCamp, David Gibbs and Lonny Wilder.

The American Constitutionalist Episode 16 – August 31, 2020

This week’s American Constitutionalist Podcast wraps up the Constitution covering the 20th through the 27th Amendments dealing with elections and limitations of time in elected office. Constitutional expert Cliff DeCamp is joined by “Cousin” David Gibbs and Lonny Wilder. American Constitutionalist Chief Jeff Tokar leads the discussion.

20th Amendment

The Twentieth Amendment was passed in 1933. It changed the date that the president, vice president, and members of Congress start in January, and it says who becomes president if the president cannot start serving immediately. The goal of the amendment was to shorten the time an office holder was a lame duck. 

22nd Amendment

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. 

23rd Amendment

Congress passed the Twenty-Third Amendment on June 16, 1960. The Amendment allows American citizens residing in the District of Columbia to vote for presidential electors, who in turn vote in the Electoral College for President and Vice President.

24th Amendment

The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

25th Amendment

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

26th Amendment

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

The American Constitutionalist Episode 15 – August 26, 2020

The 17th,18th, 19th and 21st Amendments are the targets for this week’s American Constitutionalist Podcast. Cliff DeCamp, “Cousin” David Gibbs and Lonny Wilder join American Constitutionalist Chief Jeff Tokar for the discussion.

17th Amendment

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

18th Amendment

The Eighteenth Amendment of the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of states on January 16, 1919.

Section 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

19th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

21st  Amendment

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol.

The American Constitutionalist Episode 14 – August 17, 2020

The American Constitutionalist Podcast team -  Jeff Tokar, Cliff DeCamp, “Cousin” David Gibbs and Lonny Wilder take on the 15th and 16th Amendments. 

The 15th amendment to the United States Constitution granted African American men the right to vote by declaring that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude." Although ratified on February 3, 1870, the promise of the 15th Amendment would not be fully realized for almost a century. Through the use of poll taxes, literacy tests and other means, Southern states were able to effectively disenfranchise African Americans. It would take the passage of the Voting Rights Act of 1965 before the majority of African Americans in the South were registered to vote.

The 16th Amendment to the Constitution allows that the Congress shall have power to lay and  collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.The ratification of the Sixteenth Amendment was the direct consequence of the Court's 1895 decision in Pollock v. Farmers' Loan & Trust Co. holding unconstitutional Congress's attempt of the previous year to tax incomes uniformly throughout the United States.

The Sixteenth Amendment, ratified in 1913, played a central role in building up the powerful American federal government of the twentieth century by making it possible to enact a modern, nationwide income tax. Before long, the income tax would become by far the federal government's largest source of revenue.

The American Constitutionalist Episode 13 – August 10, 2020

The American Constitutionalist Podcast team -  Jeff Tokar, Cliff DeCamp, “Cousin” David Gibbs and Lonny Wilder work the round table in today’s coverage of the 13th and 14th Amendments 

The 13th amendment to the United States Constitution provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." 

The move was largely symbolic, as it only freed slaves in areas outside of Union control, but it changed the conflict from a war for the reunification of the states to a war whose objectives included the destruction of slavery. Lincoln believed that a constitutional amendment was necessary to ensure the end of slavery.

The 14th Amendment: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 14th Amendment established citizenship rights for the first time and equal protection to former slaves, laying the foundation for how we understand these ideals today. It is the most relevant amendment to Americans' lives today.

American Constitutionalist Podcast team leader Jeff Tokar opens today’s discussion regarding the 11th and 12th Amendments. Attorney and Constitutional expert Cliff DeCamp breaks down the finer points. “Cousin” David Gibbs and Lonny Wilder join the discussion.

11th Amendment

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. 

12th Amendment

Passed by Congress December 9, 1803, and ratified June 15, 1804, the 12th Amendment provided for separate Electoral College votes for President and Vice President, correcting weaknesses in the earlier electoral system which were responsible for the controversial Presidential Election of 1800.

9th Amendment

Some scholars claim the 9th Amendment was designed to be an affirmative protection for rights not specifically listed in the Bill of Rights. Others have argued the 9th Amendment was meant merely to state a truism:  “that all is retained which has not been surrendered.” Others (most people) have ignored this amendment entirely. The text is written this way: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” 

10th Amendment

The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments. As Federal activity has increased, so too has the problem of reconciling state and national interests as they apply to the Federal powers to tax, to police, and to regulations such as  wage and hour laws, disclosure of personal information in record-keeping systems, and laws related to strip-mining. It reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Jeff Tokar leads the discussion for this examination of the 9th and 10 Amendments. Cliff DeCamp and “Cousin” David Gibbs join the discussion.