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Elizabeth Jo

๐Ÿ‘ค Speaker
486 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

What's the rationale here?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Well, part of it is that Trump declared that the federal government had to take steps to fulfill its obligations under Article 4's protection clause.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So you can see how a lot of this is getting politicized in ways that I think is, you know, it's going to be hard to imagine how we'd have legal answers to this.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Because, again, so much of this seems to be a political determination.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

If this is really warlike in some way, although even though it doesn't seem like it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

You know, it's a sort of determination that courts are reluctant to say this is correct.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

This is a correct determination of invasion.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And at least in the legitimate foreign policy arena, courts tend not to second guess what the president United States does.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So it would really be up to a court to kind of step in and say, we're going to do something totally different and decide, no, this is not an invasion.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's why that case still pending over the buoys is a more dry navigable rivers argument.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And so that's Article 4.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And I thought today we'd also connect this to another aspect of the Constitution, and that's the Tenth Amendment, right?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Because the Tenth Amendment today is a very important limitation on the federal government and what it can do to the states.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So here's what it says.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Sounds like it just described something about the states.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

You know, I think any smart high school student would say, well, that doesn't do anything, right?