Civics on the Rocks

Untethered Tangent on the Budget Process

What is Congress Supposed To Do?

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 to Burn $9.7 Million Worth of USAID-Purchased Contraceptives Rather Than Deliver Them to Women Overseas.” July 29, 2025. CNN. https://www.cnn.com/2025/07/29/europe/usaid-contraceptives-burn-belgium-france-intl

Furloughed the people:

Tanis, Fatma. “USAID Terminates Nearly All Its Remaining Employees.” March 28, 2025. NPR. https://www.npr.org/sections/goats-and-soda/2025/03/28/g-s1-56968/usaid-terminates-nearly-all-its-remaining-employees

People were going to the courts to say, “Hey, this is illegal.”:

Wagner, Erich. “Judge Certifies Class in Lawsuit on Behalf of Ex-USAID Workers, Contractors." August 19, 2025. Government Executive. https://www.govexec.com/workforce/2025/08/judge-certifies-class-lawsuit-behalf-ex-usaid-workers-contractors/407551/

Being wined and dined by monarchy:

Reals, Tucker; Ott, Haley; and Watson, Kathryn. “Trump Attends Banquet Dinner With King Charles During Second State Visit to U.K.” Updated September 17, 2025. CBS News. https://www.cbsnews.com/live-updates/trump-uk-state-visit-epstein-protests-king-charles-windsor-castle/

There is an allocation to the White House for travel and other expenses:

U.S. Government Accountability Office. “White House Spending.” September 14, 2023. https://www.gao.gov/products/gao-23-106450

From the General Service Administration:

https://www.gsa.gov/

Oversight:

Gongress.gov “Congressional Oversight and Investigations.” https://www.congress.gov/crs-product/IF10015

Separation of powers:

Constitution Annotated. “Intro.7.2 Separation of Powers Under the Constitution.” https://constitution.congress.gov/browse/essay/intro.7-2/ALDE_00000031/

You can be held in contempt of Congress:

Legal Information Institute. “Contempt of Congress.” Reviewed July 2022. Cornell Law School. https://www.law.cornell.edu/wex/contempt_of_congress

They’d have to send their Sargent at Arms:

United States House of Representatives. “Sergeant at Arms.” https://www.house.gov/the-house-explained/officers-and-organizations/sergeant-at-arms

(Who currently does not appear to be 60- nor 70-years-old):

United States Senate. “Sergeant at Arms Jennifer A. Hemingway.” https://www.senate.gov/about/officers-staff/sergeant-at-arms/hemingway-jennifer.htm

The power of the purse:

United States House of Representatives. “Power of the Purse.” https://history.house.gov/Institution/Origins-Development/Power-of-the-Purse/

Say the FBI Director was testifying in front of Congress:

Debusmann, Jr., Bernd. “Kash Patel’s Combative Senate Hearing: Key Takeaways.” September 16, 2025. BBC. https://www.bbc.com/news/articles/c9dxq8dn4xdo

They pass a budget, which they haven’t ever done in 20 years:

Desilver, Drew. “Congress Has Long Struggled to Pass Spending Bills on Time.” October 1, 2025. Pew Research Center. https://www.pewresearch.org/short-reads/2025/10/01/congress-has-long-struggled-to-pass-spending-bills-on-time/

When we say “shut down the government,” like, how literal is that:

Committee for A Responsible Federal Budget. “Government Shutdowns Q&A: Everything You Should Know.” September 16, 2025. https://www.crfb.org/papers/government-shutdowns-qa-everything-you-should-know

Since the 90s, all of the federal employees who were not getting paychecks, got back pay:

Partnership for Public Service. “How the Federal Workforce is Impacted During a Government Shutdown." https://ourpublicservice.org/fed-figures/the-federal-workforce-during-a-government-shutdown/

It’s not just Federal programs (one example):

League of Minnesota Cities. “Federal Government Shutdown: What It Means for Cities.” October 1, 2025. https://www.lmc.org/news-publications/news/all/federal-government-shutdown-what-it-means-for-cities/

The defining moment of McCarthyism:

American Experience. “‘Have You No Decency?’: McCarthy” [Video]. YouTube. https://youtu.be/svUyYzzv6VI?si=k5O3t6ZQQ-CUkZDI

Dean and Watergate:

Richard Nixon Presidential Library and Museum. “Howard Baker and John Dean ‘What Did the President Know and When did He Know It’” [Video]. https://www.nixonlibrary.gov/media/video/howard-baker-and-john-dean-what-did-president-know-and-when-did-he-know-it

Some of that came into play with Vietnam:

Spector, Ronald H. “The Fall of South Vietnam.” Updated September 18, 2025. Britannica. https://www.britannica.com/event/Vietnam-War/The-fall-of-South-Vietnam

The third way they can do something is impeachment:

USA.gov. “How Federal Impeachment Works.” Updated April 14, 2025. https://www.usa.gov/impeachment

There are also regular hearings that are set:

Congress.gov “Types of Committee Hearings.” https://www.congress.gov/crs-product/98-317

A problematic policy like, say, destroying vaccines:

Noguchi, Yuki. “Senators From Both Parties Grilled RFK, Jr. on Vaccines and More.” September 4, 2025. https://www.npr.org/sections/shots-health-news/2025/09/04/nx-s1-5528966/rfk-kennedy-hearing-covid-vaccines-cdc

These people went to school together:

Schaeffer, Katherine. “Nearly All Members of the 118th Congress Have a Bachelor’s Degree–and Most Have a Graduate Degree, Too.” February 2, 2023. Pew Research Center. https://www.pewresearch.org/short-reads/2023/02/02/nearly-all-members-of-the-118th-congress-have-a-bachelors-degree-and-most-have-a-graduate-degree-too/

Take the example of Nixon’s resignation:

Elving, Ron. “Half a Century Ago, Nixon Became the Only President to Resign.” August 9, 2024. NPR. https://www.npr.org/2024/08/09/nx-s1-5068704/nixon-resign

You probably wouldn’t find a better horse trader:

Perry, Barbara A. “Joe Biden: Life Before the Presidency.” Miller Center. https://millercenter.org/president/biden/life-before-the-presidency

Noob:

Nelson, Michael. “Barack Obama: Life Before the Presidency.” Miller Center. https://millercenter.org/president/obama/life-before-the-presidency

Think about Johnson and the Civil Rights Act:

Gittinger, Ted and Fisher, Allen. “LBJ Champions the Civil Rights Act of 1964.” Reviewed February 6, 2023. National Archives. https://www.archives.gov/publications/prologue/2004/summer/civil-rights-act

 Senator Hubert Humphry:

Miller Center. “Hubert H. Humphrey.” https://millercenter.org/president/lbjohnson/essays/humphrey-1963-vicepresident

Al Gore, Sr.:

Creekmore, Betsey B. “Albert Arnold Gore, Sr.” September 25, 2018. Volopedia. https://volopedia.lib.utk.edu/entries/albert-arnold-gore-sr/

Estes Kefauver:

United States Senate. “Estes Kefauver: A Featured Biography.” https://www.senate.gov/senators/FeaturedBios/Featured_Bio_KefauverEstes.htm

Johnson had been majority leader in Senate:

United States Senate. “Senate Leaders.” https://www.senate.gov/about/parties-leadership/johnson-b-lyndon.htm

At the same time, the House Speaker was Sam Rayburn:

Johnson, Lyndon B. and Champagne, Anthony M. “Sam Rayburn.” January 2, 2025. Britannica. https://www.britannica.com/biography/Sam-Rayburn

“To get along, go along.”:

RayBurnMrSpeaker.com. “RayBurnisms.” https://www.rayburnmrspeaker.com/rayburnisms

Logrolling:

Political Dictionary. “Logrolling.” https://politicaldictionary.com/words/logrolling/

Rolling logs:

https://youtube.com/shorts/J6Gt1BfzNRA?si=Ms8iPE-sObR_WtJ4

The movie Charlie Wilson’s War:

https://youtu.be/G1mnSjjeC2o?si=et5vV0KngLrdB8Ls

Tom DeLay:

Parrott-Sheffer, Chelsey. “Tom DeLay.” August 3, 2025. Britannica. https://www.britannica.com/biography/Tom-DeLay

Gingrich:

Editors of Encyclopedia Britannica. “Newt Gingrich.” Updated September 5, 3035. Britannica. https://www.britannica.com/biography/Newt-Gingrich

Partisan leadership got much more control of funding for Congressman:

Kornberg, Maya and Deng, Sophia. “How Money Shapes Pathways to Power in Congress.” September 10, 2024. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/how-money-shapes-pathways-power-congress

When they bring freshman in to orient them together (which they are trying to restore):

Papp, Justin. “Incoming Members of Congress Descend on Capitol Hill for Orientation.” November 12, 2024. Roll Call. https://rollcall.com/2024/11/12/congress-house-new-member-orientation-2024/

You wouldn’t bring your family to D.C.:

Wire, Sarah D. “This is What It’s Like to be a Cross-Country Flight Away From Your Constituents–and Your Family.” April 30, 2018. Los Angeles Times. https://www.latimes.com/politics/la-pol-ca-congress-california-fly-home-20180430-story.html

In part, because of the demands of fundraising:

Minkin, Amelia. “The 118th Congress’ Fundraising Treadmill.” February 4, 2025. Issue One. https://issueone.org/articles/the-118th-congress-fundraising-treadmill/

The budget situation has obviously changed since we recorded. Here is updated information at the time of posting:

Hubbard, Kaia and Yilek, Caitlin. “Government Shutdown Live Updates as Funding Impasse Stretches Into Second Day.” October 2, 2025. CBS News. https://www.cbsnews.com/live-updates/government-shutdown-latest-second-day-trump-johnson/

Like renaming bases:

Guldin, Joanna. “Trump is Renaming 7 Army Installations: Here are the Stories Behind the Names Being Scrubbed.” June 17, 2025. Military.com. https://www.military.com/history/trump-renaming-7-army-installations-here-are-stories-behind-names-being-scrubbed.html

This is also a lot of Project 2025 people:

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

For instance, renaming the Defense Department, the War Department:

Debusmann, Jr., Bernd. “Trump Rebrands Department of Defense as Department of War.” September 5, 2025. BBC News. https://www.bbc.com/news/articles/cgr9r4qr0ppo

Or done it themselves:

Matza, Max. “Proud Boys and Oath Keepers Among Over 1,500 Capitol Right Defendants Pardoned by Trump.” January 20, 2025. BBC News. https://www.bbc.com/news/articles/c5y7l47xrpko

Things that are actually making them upset (one example):

Thorp V, Frank; Kapur, Sahil; and Leach, Brennan. “Some Republicans Object to Trump’s Move to Cancel Spending, Warning of a Shutdown.” September 3, 2025. NBC News. https://www.nbcnews.com/politics/congress/republicans-object-trumps-rescission-cancel-spending-warning-shutdown-rcna228758

The Epstein files:

Ferris, Sarah; Grayer, Annie; Fox, Lauren; and Raju, Manu. “The Epstein Files are Roiling the House GOP, and There’s No End in Sight.” July 24, 2025. CNN. https://www.cnn.com/2025/07/24/politics/house-republicans-epstein-trump

They’re scared of getting shot:

Wong, Scott; Zanona, Melanie; and Stewart, Kyle. “‘People are Scared to Death’: Members of Congress Fear for Their Safety After Charlie Kirk Assassination.” September 11, 2025. NBC News. https://www.nbcnews.com/politics/congress/congress-scared-charlie-kirk-assassination-canceling-events-rcna230632

Violence is increasing in our culture:

Jipson, Art and Becker, Paul J. “Right-Wing Extremist Violence is More Frequent and More Deadly Than Left-Wing Violence: What the Data Shows.” September 17, 2025. The Conversation. https://theconversation.com/right-wing-extremist-violence-is-more-frequent-and-more-deadly-than-left-wing-violence-what-the-data-shows-265367

They don’t want to get voted out:

Reynolds, Molly E. “Even the Perceive Threat of a Primary Alters Behavior in Congress.” October 30, 2018. Brookings. https://www.brookings.edu/articles/even-the-perceived-threat-of-a-primary-alters-behavior-in-congress/

Trump’s approval rating has been the lowest it’s ever been:

McHardy, Martha. “Donald Trump’s Approval Rating Hits Record Low for Second Term.” Updated October 2, 2025. Newsweek. https://www.newsweek.com/donald-trumps-approval-rating-hits-record-low-for-second-term-10815700

People, like farmers, are being impacted financially:

Starr, Stephen. “Farmers in U.S. Midwest Squeezed by Trump Tariffs and Climate Crisis.” August 16, 2025. The Guardian. https://www.theguardian.com/us-news/2025/aug/16/farmers-trump-tariffs-climate-change

According to what they voted on, which is the economy:

Boak, Josh and Thomson-Deveaux, Amelia. “Voters Who Focused on the Economy Broke Hard for Trump.” November 8, 2024. AP News. https://www.ap.org/news-highlights/spotlights/2024/ap-votecast-voters-who-focused-on-the-economy-broke-hard-for-trump/

Mack may be overestimating how many Americans can withstand the strain of higher prices:

Cerullo, Megan. “Most Americans Don’t Earn Enough to Afford Basic Costs of Living, Analysis Finds.” Updated May 16, 2025. CBS News. https://www.cbsnews.com/news/cost-of-living-income-quality-of-life/

Including Trump said we may have to go through hard times:

Allen, Jonathan. “Trump Rejects Concerns About Prices and Economic Uncertainty as He Defends His Agenda.” May 4, 2025. NBC News. https://www.nbcnews.com/politics/trump-administration/trump-rejects-concerns-prices-economic-uncertainty-defends-agenda-rcna203512

Even in the poverty stricken places of the United States:

National Institute of Minority Health and Health Disparities. “Poverty: Map.” https://hdpulse.nimhd.nih.gov/data-portal/social/map?age=001&age_options=ageall_1&demo=00007&demo_options=poverty_3&race=00&race_options=race_7&sex=0&sex_options=sexboth_1&socialtopic=080&socialtopic_options=social_6&statefips=00&statefips_options=area_states

Culture war stuff:

European Center for Populism Studies. “Culture War.” https://www.populismstudies.org/Vocabulary/culture-war/

The immigration stuff:

Oliphant, J. Baxter; Kiley, Jocelyn; Van Green, Ted; Gracia, Shanay; and Copeland, Joseph. “Views of the Trump Administrations Immigration Policies.” June 17, 2025. Pew Research Center. https://www.pewresearch.org/politics/2025/06/17/views-of-the-trump-administrations-immigration-policies/

“It’s really the fault of the Democratic party”:

Slack, Donovan. “Trump Wields Axe Over ‘Democrat Agencies’ as Shutdown Blame Game Rages.” October 3, 2025. BBC. https://www.bbc.com/news/articles/ckg201rnw2zo

Everybody’s going to jealously guard their institution’s power:

Editors of Encyclopedia Britannica. “Checks and Balances.” Updated August 22, 2025. Britannica. https://www.britannica.com/topic/checks-and-balances

Then you have J.D. Vance:

Wedling, Mike. “J.D. Vance: The ‘hillbilly’ MAGA Loyalist Who Became Vice President.” March 4, 2025. BBC. https://www.bbc.com/news/articles/cn07dv4mrg2o

Hits on Fox News, in the past:

Panetta, Grace. “Hope Hicks is Returning to the White House—Here Are 21 People Who Have Gone Through the Revolving Door Between Fox and the Trump Administration.” February 13, 2020. Business Insider. https://www.businessinsider.com/19-people-who-have-worked-at-fox-news-trump-administration-2019-5

Hits on Fox News, more recently:

Golkenflik, David. “Trump Taps 19 Fox Pundits, Personalities, and Producers for Second Term.” January 20, 2025. NPR. https://www.npr.org/2025/01/20/nx-s1-5268791/fox-news-trump-inauguration

To what degree is gerrymandering a two-way street:

Blake, Aaron. “Four Possible Outcomes of a Gerrymandering Battle Royale.” August 8, 2025. CNN. https://www.cnn.com/2025/08/08/politics/gerrymandering-texas-house-outcomes

What the Republicans were able to do in ’94:

Kennedy, Lesley. “The 1994 Midterms: When Newt Gingrich Helped Republicans Win Big.” Updated March 2, 2025. History.com. https://www.history.com/articles/midterm-elections-1994-republican-revolution-gingrich-contract-with-america

Suppressing the vote is a bad thing:

League of Women Voters. “Fighting Voter Suppression.” https://www.lwv.org/voting-rights/fighting-voter-suppression

The difference in the majority in the house, you can count on one hand:

U.S. House of Representatives Press Gallery. “Party Breakdown.” https://pressgallery.house.gov/member-data/party-breakdown

It’s been this way now for a while:

Schaeffer, Katherine. “Slim Majorities Have Become More Common in the U.S. House and Senate.” December 17, 2024. Pew Research Center. https://www.pewresearch.org/short-reads/2024/12/17/slim-majorities-have-become-more-common-in-the-us-house-and-senate/

Things we drank:

Martinis, Serbian brandies, Holy Moles

Yes, Steve, there are 12 fruits:

VegEase. “How Many Fruits Are There in the World?” https://vegease.in/blog/how-many-fruits-are-there-in-the-world/?srsltid=AfmBOop5WF6lXjysK8FgUU4KkaKOyWZyGYLYItNHo90-F9mQwhfrlb36

Oh, an apéritif:

Graham, Colleen. “What Is an Apéritif?” September 6, 2022. The Spruce Eats. https://www.thespruceeats.com/what-is-an-aperitif-759924

A golden mescal as opposed to a silvery:

Rogers, Felisa. “Blanco, Plato, Silver, Joven.” October 11, 2024. Mezcalistas. https://www.mezcalistas.com/what-is-blanco-or-joven-mezcal/

The overthrow of the dictator Ceauşescu:

Editors of the Encyclopedia Britannica. “Nicolae Ceauşescu.” Updated September 12, 2025. Britannica. https://www.britannica.com/biography/Nicolae-Ceausescu

A flag from that day where they cut out the middle part:

General Knowledge “Romania’s Flag Explained: Colors and Historical Meaning” [Video]. YouTube. September 2, 2018. https://youtu.be/LnM6dSaVXXU?si=r55bVGroLESyi6f5

When the Berlin wall fell:

Pleitgen, Fred. “See the Berlin Wall Fall 30 Years Ago” [Video]. CNN. https://www.cnn.com/videos/world/2019/11/07/berlin-30th-anniversary-since-wall-came-down-lc-lon-orig.cnn

After their Afghan war:

Editors of the Encyclopedia Britannica. “Soviet Invasion of Afghanistan.” Updated August 29, 2025. Britannica. https://www.britannica.com/event/Soviet-invasion-of-Afghanistan

Which Germany:

Roos, Dave. “How Germany Was Divided After World War II.” Updated May 28, 2025. History.com. https://www.history.com/articles/germany-divided-world-war-ii

Things were relaxed in Hungary first:

Office of the Historian. “Fall of Communism in Eastern Europe, 1989.” https://history.state.gov/milestones/1989-1992/fall-of-communism

Gorbachev:

Editors of Encyclopedia Britannica. “Mikhail Gorbachev.” September 20, 2025. Britannica. https://www.britannica.com/biography/Mikhail-Gorbachev

Puppet states:

Vocabulary.com. “Puppet State.” https://www.vocabulary.com/dictionary/puppet%20state

Glasnost:

Editors of Encyclopedia Britannica. “Glasnost.” April 30, 2025. Britannica. https://www.britannica.com/topic/glasnost

Perestroika:

Editors of Encyclopedia Britannica. “Perestoika.” July 18, 2025. Britannica. https://www.britannica.com/topic/perestroika-Soviet-government-policy

How they divided things:

The Map as History. “The Construction of the Berlin Wall.” https://www.the-map-as-history.com/Cold-War-western-eastern-bloc/the-construction-of-the-berlin-wall

Yes, the wall went up in 1961:

Stiftung Berliner Mauer. “The Berlin Wall.” https://www.stiftung-berliner-mauer.de/en/topics/berlin-wall

The reunification of Germany:

Ashby Turner, Henry and Leyser, K. J. “The Reunification of Germany.” October 3, 2025. Britannica. https://www.britannica.com/place/Germany/The-reunification-of-Germany

The George H. W. Bush Presidential Library at A&M:

https://www.bush41.org/

The approval rating of congress as a whole is lower than any president:

Gallup. “Congress and the Public.” https://news.gallup.com/poll/1600/congress-public.aspx

But the incumbency rate is often over 90%:

Open Secrets. “Reelection Rates Over the Years.” https://www.opensecrets.org/elections-overview/reelection-rates

Anne was paraphrasing George Carlin, and if you didn’t know that, watch this video:

Carlin, Stuff. “George Carlin Talks About ‘Stuff’” [Video]. May 1, 2007. YouTube. https://youtu.be/MvgN5gCuLac?si=pLXyW2nAE1_YrrtQ

Inflation Reduction Act:

Congress.gov. “H.R.5376 – Inflation Reduction Act of 2022.” https://www.congress.gov/bill/117th-congress/house-bill/5376/text

If you have aged a lot too, here's how much longer we have to go with Trump:

https://www.tickcounter.com/countdown/6119379/end-of-trumps-presidency

Infrastructure Improvement Act:

Congress.gov. “H.R.3684 – Infrastructure Investment and Jobs Act.” https://www.congress.gov/bill/117th-congress/house-bill/3684

Affordable Care Act:

Congress.gov. “H.R.3590 – Patient Protection and Affordable Care Act.” https://www.congress.gov/bill/111th-congress/house-bill/3590

At one point, they passed net neutrality:

Congress.gov. “H.R.8573 – Net Neutrality and Broadband Justice Act of 2022.” https://www.congress.gov/bill/117th-congress/house-bill/8573

Before they fucked it up:

Bowman, Emma. “Net Neutrality is Struck, Ending a Long Battle to Regulate ISPs Like Public Utilities.” January 3, 2025. NPR. https://www.npr.org/2025/01/03/nx-s1-5247840/net-neutrality-fcc-struck

The Civil Rights Act:

National Archives. “Civil Rights Act (1964).” https://www.archives.gov/milestone-documents/civil-rights-act

Twenty-First Amendment:

Constitution Annotated. “Twenty-First Amendment.” https://constitution.congress.gov/constitution/amendment-21/

American’s With Disabilities Act:

https://www.ada.gov/

Or IDEA:

U.S. Department of Education. “Individuals With Disabilities Education Act (IDEA).” https://www.ed.gov/laws-and-policy/individuals-disabilities/idea

Like, curb cuts:

99% Invisible. “Episode 308: Curb Cuts” [Podcast]. https://99percentinvisible.org/episode/curb-cuts/

Clean Air Act:

Congress.gov. “Clean Air Act: A Summary of the Act and Its Major Requirements.” https://www.congress.gov/crs-product/RL30853

There was less divisiveness than there is now when we have online socializing:

Syrjämäki, Aleski H.; Ilves, Mirja; Olsson, Thomas; Kiskola, Joel; Isokoski, Poika; Rantasila, Anna; Bente, Gary; and Surakka, Veikko. (2024). “Online Disinhibition Mediates the Relationship Between Emotion Regulation Difficulties and Uncivil Communication.” Nature.com. https://www.nature.com/articles/s41598-024-81086-7

TLDR:

Above the Noise. “Does the Internet Make You Meaner?” [Video]. July 31, 2019. YouTube. https://youtu.be/0fx8hN5JyZM?si=iakialnQ0w88n_HG

When there was a shooter at the Congressional baseball game:

History.com Editors. “Gunman Shoots Four People, Including GOP Congressman, at Baseball Practice.” Updated May 27, 2025. History.com. https://www.history.com/this-day-in-history/june-14/james-hodgkinson-shooting-republicans-baseball-game

And 42 is the ultimate answer to life, the universe, and everything. But you already knew that.

Untethered Tangent on Term Limits and Qualifications

Should the Justice Department be Independent?

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 Justice. “A Guide to Emergency Powers and Their Use.” Updated July 1, 2025. https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use

Trump fired Jim Comey:

BBC News. “FBI Chief James Comey Fired by Trump.” May 10, 2017. https://www.bbc.com/news/world-us-canada-39866170

Christopher Wray turned out to not be the FBI Director Trump thought he was going to be:

Yousif, Nadine. “FBI Director Christopher Wray to Resign Before Trump Takes Office.” December 11, 2024. BBC News. https://www.bbc.com/news/articles/ce902z8lp81o

There are more government agencies that are more independent than that:

Lehigh University. “U.S. Government Information: Independent Agencies.” Updated July 15, 2025. https://libraryguides.lehigh.edu/c.php?g=369881&p=2499296

Members of the Board of Governors of the Federal Reserve serve 14-year terms. A term begins every 2 years on February 1 of even numbered years:

Federal Reserve. “Board Members.” https://www.federalreserve.gov/aboutthefed/bios/board/default.htm

How do you select the head of NASA:

Frudenrich, Craig and Kiger, Patrick J. “Who Decides What NASA Does?” How Stuff Works. https://science.howstuffworks.com/nasa1.htm

If they’re a government official, they can be impeached and expelled:

USA.gov. “How Federal Impeachment Works.” Updated April 14, 2025. https://www.usa.gov/impeachment

Congress could, theoretically, abolish that group and has before:

Hogue, Henry B. “Abolishing a Federal Agency: The Interstate Commerce Commission.” January 10, 2024. Congress.gov. https://www.congress.gov/crs-product/R47897

There is a theory that the President can remove anybody regardless of laws passed by Congress:

Katz, Eric. “Trump Admin. Tells Judge It Can Fire at Least Some Career Feds at Any Time for Any Reason.” July 17, 2025. Government Executive. https://www.govexec.com/management/2025/07/trump-admin-tells-judge-it-can-fire-least-some-career-feds-any-time-any-reason/406797/

All of the civil service protections:

Congress.gov. “S.2640 - Civil Service Reform Act of 1978.” https://www.congress.gov/bill/95th-congress/senate-bill/2640

What’s the GAO:

U.S. Government Accountability Office. https://www.gao.gov/

Trump firing the Librarian of Congress:

Peet, Lisa. “Librarian of Congress Carla Hayden Is Fired.” May 12, 2025. Library Journal. https://www.libraryjournal.com/story/librarian-of-congress-carla-hayden-fired

Why Anne thinks Mack might be underestimating the control of the news cycle:

Mitrovica, Andrew. “How Trump Makes Us Miss the Real Story” [Opinion]. June 6, 2025. Aljazeera. https://www.aljazeera.com/opinions/2025/6/6/how-trump-makes-us-miss-the-real-story

The spoils system:

Editors of Encyclopedia Britannica. “Spoils System.” March 28, 2025. https://www.britannica.com/topic/spoils-system

Article I, Section 8, Clause 9:

Constitution Annotated. “Article I, Section 8.” https://constitution.congress.gov/browse/article-1/section-8/

Article III:

Constitution Annotated. “Article III.” https://constitution.congress.gov/constitution/article-3/

Article I, Section 8, Clause 18:

Constitution Annotated. “ArtI.S8.C18.1 Overview of Necessary and Proper Clause.” https://constitution.congress.gov/browse/essay/artI-S8-C18-1/ALDE_00001242/

An opinion from the Justice Department from the early 1970s:

Wex Definitions Team. “Indictment of Presidents.” March 2023. Cornell Law School. https://www.law.cornell.edu/wex/indictment_of_presidents

Is that in that ruling:

Garvey, Todd. “Presidential Immunity From Criminal Prosecution in Trump v. United States.” Congress.gov. https://www.congress.gov/crs-product/LSB11194

Regarding the clause about appointing ministers and consuls:

Constitution Annotated. “ArtII.S2.C2.3.1 Overview of Appointments Clause.” https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/

You would violate separation of powers:

Constitution Annotated. “Intro.7.2 Separation of Powers Under the Constitution.” https://constitution.congress.gov/browse/essay/intro.7-2/ALDE_00000031/

The Solicitor General:

Department of Justice. “Office of the Solicitor General.” https://www.justice.gov/osg

Force and effect of law:

Merriam-Webster. “Force and Effect.” https://www.merriam-webster.com/legal/force%20and%20effect

There was a state judge that was arrested:

Bauer, Scott. “Wisconsin Judge Accused of Helping Man Evade ICE Arrest Loses a Bid to Drop Charges.” August 26, 2025. AP News. https://apnews.com/article/wisconsin-judge-arrested-trump-immigration-hannah-dugan-c2371efe54f289c4a0ea8558dd6a7001

There is a concern that we are creeping in (jackbooting?) toward fascism:

Feldman, Matthew. “Scholars, Fascists Agree: Trump’s Not a Fascist, but an Opportunity.” November 5, 2024. Fair Observer. https://www.fairobserver.com/politics/scholars-fascists-agree-trumps-not-a-fascist-but-an-opportunity/

Trump has impliedly threatened:

Adeosun, Adeola. “Trump Admin Says ‘Definitely on the Table’ to Arrest Democrats Over Protest.” Updated May 11, 2025. Newsweek. https://www.newsweek.com/trump-administration-threatens-democratic-lawmakers-ice-protests-2070578

A “truth” now:

The Associated Press. “What We Know About Truth Social, Donald Trump’s Social Media Platform.” March 27, 2024. https://apnews.com/article/truth-social-donald-trump-djt-ipo-digital-world-7437d5dcc491a1459a078195ae547987

He kind of broke up with his X:

Duffy, Clare and O’Kruk, Amy. “Here’s How the Feud Between Elon Musk and Donald Trump Has Unfolded.” July 3, 2025. CNN. https://www.cnn.com/business/timeline-elon-musk-trump-x-dg

Members of Congress are privileged from arrest while Congress is in session:

Constitution Annotated. “ArtI.S6.C1.2 Privilege from Arrest.” https://constitution.congress.gov/browse/essay/artI-S6-C1-2/ALDE_00013354/

There have been members of Congress who have accepted gold bars:

Debusmann, Jr., Bernd and Yousif, Nadine. “Senator Bob Menendez Found Guilty in Bribery Scheme.” July 16, 2024. BBC News. https://www.bbc.com/news/articles/cqe6m14drgjo

ICE isn’t part of the Justice Department:

U.S. Immigrations and Customs Enforcement. “Who We Are.” https://www.ice.gov/about-ice

Homeland Security:

Department of Homeland Security. “History.” https://www.dhs.gov/history

Federal prosecutors:

Department of Justice. “Offices of the United States Attorneys.” https://www.justice.gov/usao

Assigned to every federal judicial court:

Department of Justice. “Introduction To The Federal Court System.” https://www.justice.gov/usao/justice-101/federal-courts

There were concerns about whether or not the FBI was doing everything they should during the Watergate investigation:

McDermott, Annette. “How ‘Deep Throat’ Took Down Nixon From Inside the FBI.” History.com. https://www.history.com/articles/watergate-deep-throat-fbi-informant-nixon

Article II, Section 1:

Constitution Annotated. “Article II, Section 1, Clause 1.” https://constitution.congress.gov/browse/article-2/section-1/

The CIA is independent:

Central Intelligence Agency. “About CIA—Organization.” https://www.cia.gov/about/organization/

Mack isn’t quite right on this one. The Director of the CIA reports to the Director of National Intelligence who reports to the President:

Central Intelligence Agency. “About CIA—Director of the CIA.” https://www.cia.gov/about/director-of-cia/

There’s another class of odd, quasi-governmental agencies that are even more independent. Two examples are Fannie Mae:

Federal Housing Finance Agency. “About Fannie Mae and Freddie Mac.” https://www.fhfa.gov/about/fannie-mae-freddie-mac

…and the Smithsonian:

Smithsonian. “Legal Nature of the Smithsonian.” https://www.si.edu/ogc/legalhistory

The National Gallery of Art is a corporation chartered by Congress:

National Gallery of Art. “Our History.” https://www.nga.gov/about-us/our-history

The first bank of the United States was charted by Congress:

National Park Service. “First Bank of the United States.” https://www.nps.gov/inde/learn/historyculture/places-firstbank.htm

How you can amend the Constitution:

National Archives. “Constitutional Amendment Process.” Reviewed August 15, 2016. https://www.archives.gov/federal-register/constitution

Every time but once:

NCC Staff. “Five Interesting Facts About Prohibition’s End in 1933.” December 6, 2022. National Constitution Center. https://constitutioncenter.org/blog/five-interesting-facts-about-prohibitions-end-in-1933

Like Jeff Sessions:

BBC News. “Trump Fires Attorney General Jeff Sessions.” November 8, 2018. https://www.bbc.com/news/world-us-canada-46132348

Compare him to Pam Bondi:

Frommer, Fred. “Pam Bondi.” Updated August 23, 2025. Encyclopedia Britannica. https://www.britannica.com/biography/Pam-Bondi

In statistics there are things called outliers:

Cuemath. “Outlier.” https://www.cuemath.com/data/outlier/

Sea Legs cocktail:

https://www.diffordsguide.com/cocktails/recipe/34393/sea-legs

Holy Mole cocktail:

1 part chocolate liquor
5 parts mezcal
Generous dash of cayenne

Not J. Allen Hynek:

Shortell, David. “Henry Heimlich, 96, Uses His Maneuver to Save Woman.” Updated May 27, 2016. CNN. https://www.cnn.com/2016/05/27/us/heimlich-inventor-uses-maneuver

Not Henry Heimlich:

Ott, Tim. “J. Allen Hynek.” January 22, 2020. Biography.com. https://www.biography.com/scientists/j-allen-hynek

Project Blue Book:

National Archives. “Project BLUE BOOK – Unidentified Flying Objects.” Reviewed June 25, 2024. https://www.archives.gov/research/military/air-force/ufos

Alien sighting bingo:

https://youtu.be/wqlFiTOi6QQ?si=wNkjA2hiGZ1PnMCJ

The Betty and Barny Hill case:

Dickey, Colin. “They Knew What They Had Seen.” September 11, 2023. Slate. https://slate.com/news-and-politics/2023/09/ufo-uap-encounters-betty-barney-hill.html

The Socorro, New Mexico case:

City of Socorro, New Mexico. “Socorro Landing: A UFO Story.” https://socorronm.org/location-activity/socorro-landing-a-ufo-story/

The Kelly–Hopkinsville case:

Carter, Maria. “The Eerie Story Behind the Small Town Everyone Is Flocking to for the Eclipse This Summer.” July 21, 2017. Country Living. https://www.countryliving.com/life/a44064/eclipseville-hopkinsville-ky-history/

All of the UFO classifications mentioned in this segment:

The Universal Compendium. “Classification of UFO Sightings.” https://www.universalcompendium.com/tables/phil/ufos.htm

The nocturnal lights that seemed to be in formation over Lubbock, Texas:

Addison, Brandi D. “What are the Lubbock Lights? Multiple UFO Sightings Reported in Texas Nearly 73 Years Ago.” August 23, 2024. Lubbock Avalanche-Journal. https://www.lubbockonline.com/story/news/state/2024/08/23/lubbock-lights-ufo-sightings-2024-73rd-anniversary-august-september-texas-tech/74902209007/

Radar intercepts in Washington, D.C.:

Dalphonse, Sherri. “D.C. Had Multiple UFO Sightings 71 Years Ago.” February 13, 2023. Washingtonian. https://www.washingtonian.com/2023/02/13/dc-had-multiple-ufo-sightings-71-years-ago/

The ad for Close Encounters of the Third Kind:

https://youtu.be/Fxp32VHaYdE?si=n6L6AjeDOHQa2puK

J. Allen Hynak has a cameo in the movie (be aware there are spoilers):

https://youtu.be/jRRtu_63a-M?si=TagNA03hELEw6R7w

Franҫois Truffaut, famous French actor and director:

IMDB. “Franҫois Truffaut (1932–1984).” https://www.imdb.com/name/nm0000076/

Jacques Valée, also French:

https://www.jacquesvallee.net/

There’s one by him called Night Siege:

J. Allen Hynek, Philip J. Imbrogno, and Bob Pratt. Night Siege: The Hudson Valley UFO Sightings. (Ballantine Books, 1987).

The Hynek UFO Report:

J. Allen Hynek. The Hynek UFO Report. (Barnes & Noble Books, 1997).

Decide for yourself if Roswell and Stanton Friedman are bullshit:

Gibson, Lydialyle. “Science? Fiction?” September–October 2011. The University of Chicago Magazine. https://mag.uchicago.edu/science-medicine/science-fiction

Steve is playing Kerbal Space Program:

https://www.kerbalspaceprogram.com/

The Space Shuttle computers:

IBM. “The Space Shuttle Program.” https://www.ibm.com/history/space-shuttle

Sorry, Steve, we could not find confirmation that NASA ever used pi to two decimal places. Instead, we found where this Chief Engineer says they currently use pi to the 15th decimal:

Rayman, Mark. “How Many Decimals of Pi Do We Really Need?” October 24, 2022. NASA Jet Propulsion Laboratory. https://www.jpl.nasa.gov/edu/news/how-many-decimals-of-pi-do-we-really-need/

That’s part of being tied back to Mission Control:

PBS. “The Trench: The People at Mission Control.” https://www.pbs.org/wgbh/americanexperience/features/moon-trench-people-behind-mission-control/

Slide rules, man:

Editors of Encyclopedia Britannica. “Slide Rule.” December 27, 2024. https://www.britannica.com/science/slide-rule

If you didn’t get the worm joke:

Pellish, Aaron. “RFK Jr. Details Medical Abnormality That He Says Was a Parasitic Worm in His Brain.” May 9, 2024. CNN. https://www.cnn.com/2024/05/09/politics/rfk-jr-parastic-worm-brain

If you somehow missed hearing about the Epstein files:

Geoghegan, Tom and FitzGerald, James. “What Do We Know About the Epstein Files?” August 19, 2025. BBC News. https://www.bbc.com/news/articles/c20r07dg6kro

How some Trump supporters are reacting:

Wendling, Mike. “How Epstein Case is Tearing Apart Maga’s Online Conspiracy Wing.” July 25, 2025. BBC News. https://www.bbc.com/news/articles/cdx5xzy8kn1o

Data Rescue Project:

https://www.datarescueproject.org/

Save Our Signs:

https://umn.qualtrics.com/jfe/form/SV_4VKNSNsfJuIVOIu

And the Picard maneuver is a reference to Star Trek: The Next Generation. But you already knew that.

Untethered Tangent on Schoolhouse Rock

We're Two!

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!

Untethered Tangent on We The People

Pardon Me?

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.” https://www.fordlibrarymuseum.gov/digital-research-room/library-collections/topic-guides/nixon-pardon

What the pardon clause says:

Article II, Section 2, Clause 1:

“…he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

By the delegates who wrote the Constitution:

National Archives. “Meet the Framers of the Constitution.” https://www.archives.gov/founding-docs/founding-fathers

Here are some of John Adams’ thoughts on government (you can imagine what he would do to your face):

Adams, John. “III. Thoughts on Government.” April 1776. National Archives. https://founders.archives.gov/documents/Adams/06-04-02-0026-0004

Sovereign immunity’s a thing:

Legal Information Institute. “Sovereign Immunity.” Reviewed April 2025. Cornell Law School. https://www.law.cornell.edu/wex/sovereign_immunity

Trump v. United States:

Oyez. “Trump v. United States.” https://www.oyez.org/cases/2023/23-939

Some of the implications of the Supreme Court ruling:

Cole, David and Kaufman, Brett Max. “Supreme Court Grants Trump, Future Presidents a Blank Check to Break the Law [Commentary.]” July 3, 2024. https://www.aclu.org/news/civil-liberties/supreme-court-grants-trump-future-presidents-a-blank-check-to-break-the-law

How does one impeach a president (asking for a friend):

USA.gov. “How Federal Impeachment Works.” Updated April 14, 2025. https://www.usa.gov/impeachment

It doesn’t have to be a federal law for them to be impeached:

Constitution Annotated. “ArtII.S4.4.2 Historical Background on Impeachable Offenses.” Congress.gov. https://constitution.congress.gov/browse/essay/artII-S4-4-2/ALDE_00000699/

We’re going with criming now:

https://www.merriam-webster.com/dictionary/criming

THE MIDTERM ELECTIONS ARE IN TWO YEARS:

U.S. Vote Foundation. “What are Midterm General Elections?” https://www.usvotefoundation.org/what-are-midterm-elections

In stereo:

https://youtu.be/Jne9t8sHpUc?si=XfiD4n308rcLfDlw

Usually, if the FBI is doing an investigation, it’s not public knowledge:

FBI. “Can I Obtain Detailed Information About a Current FBI Investigation That I See in the News?” https://www.fbi.gov/about/faqs/can-i-obtain-detailed-information-about-a-current-fbi-investigation-that-i-see-in-the-news

If you didn’t get the Signal joke:

Palmer, Kathryn. “Mike Waltz and the Signal Chat Fiasco: A Recap of His Involvement.” May 1, 2025. USA Today. https://www.usatoday.com/story/news/politics/2025/05/01/mike-waltz-signal-group-chat/83386583007/

See Mueller Report:

Department of Justice. “Report On the Investigation Into Russian Interference in the 2016 Presidential Election [PDF with redactions].” https://www.justice.gov/archives/sco/file/1373816/dl?inline=

When Bill Barr, rather duplicitously and cowardly, tried to characterize it as even Mueller had cleared him:

American Bar Association. “Mueller Finds No Collusion with Russia, Leaves Obstruction Question Open.” March 25, 2019. https://www.americanbar.org/news/abanews/aba-news-archives/2019/03/mueller-concludes-investigation/

And Mueller issued a statement basically saying, “That’s not what I said.”:

Breslow, Jason. “READ: Mueller's Letter Expressing Concern About Barr's Summary of His Report.” May 1, 2019. NPR. https://www.npr.org/2019/05/01/719004457/read-muellers-letter-expressing-concern-about-barr-s-summary-of-his-report

While we highly encourage Mack to write a book someday, the title Profiles in Cowardice has been taken:

Kenneth Foard McCallion. Profiles in Cowardice in the Trump Era. (Bryant Park Press, Inc., 2021).

Previous presidents have granted pardons that look awful dodgy:

Zeitz, Joshua. “4 Presidential Pardons From History That Were Way More Controversial Than Biden’s.” December 4, 2024. Politico. https://www.politico.com/news/magazine/2024/12/04/biden-presidential-pardon-controversy-00192404

Pardoning a bunch of people who have committed violence on your behalf:

Reilly, Ryan J. “Trump Pardons Roughly 1,500 Criminal Defendants Charged in the Jan. 6 Capitol Attack.” January 20, 2025. NBC News. https://www.nbcnews.com/politics/justice-department/trump-set-pardon-defendants-stormed-capitol-jan-6-2021-rcna187735

When the news cycle is going against you, issue a bunch of pardons:

Flowers, Viola. “Here Are All of the Celebrities Trump has Pardoned so Far.” May 29, 2025. NBC News. https://www.nbcnews.com/news/us-news/are-celebrities-trump-pardoned-far-rcna209736

At the time of our recording, this is what they were trying to shove through Congress:

Hubbard, Kaia and Yilek, Caitlin. “Here’s What’s in Trump’s ‘Big, Beautiful Bill’ Passed by Congress.” July 4, 2025. CBS News. https://www.cbsnews.com/news/whats-in-trump-big-beautiful-bill-senate-version/

If you would like to see all of the people pardoned by the current president, including fun facts like which of them were supposed to serve life sentences and what crimes they had been convicted of by the United States Department of Justice:

Offices of the Pardon Attorney. “Clemency Grants by President Donald J. Trump (2025-Present).” Updated May 30, 2025. Department of Justice. https://www.justice.gov/pardon/clemency-grants-president-donald-j-trump-2025-present

If you don’t remember that scene from Jurassic Park:

https://youtu.be/nnun8y7r8_U?si=ncqAAUrTakvfewXW

A pardon is for a specific one-time event:

Dreisbach, Tom. “Criminal Records of Jan. 6 Rioters Pardoned by Trump Include Rape, Domestic Violence.” January 30, 2025. NPR. https://www.npr.org/2025/01/30/nx-s1-5276336/donald-trump-jan-6-rape-assault-pardons-rioters

Didn’t Biden pardon Liz Cheney:

Aljazeera. “Biden Hands Preemptive Pardons to Family, Allies Citing Trump Retaliation.” January 21, 2025. https://www.aljazeera.com/news/2025/1/21/biden-hands-preemptive-pardons-to-family-allies-citing-trump-retaliation

For anybody at home who doesn’t know who Timothy McVeigh is:

FBI. “Oklahoma City Bombing.” https://www.fbi.gov/history/famous-cases/oklahoma-city-bombing

In case you were wondering what Trump was doing during that time:

Geewax, Marilyn. “Trump’s Financial Movies in the ‘90s: ‘Genius’ or ‘Colossal Failure’?” October 3, 2016. NPR. https://www.npr.org/2016/10/03/496314538/trumps-financial-moves-in-the-90s-genius-or-colossal-failure

There was a Supreme Court case on this:

De Vogue, Ariane and Cole, Devan. “Supreme Court Says Person Can be Charged and Tried in State and Federal Court for Same Conduct.” June 17, 2019. CNN. https://www.cnn.com/2019/06/17/politics/supreme-court-double-jeopardy-clause-case

We must have gotten our true crime stories confused, y’all. Apologies. Ángel Maturino Reséndiz, the Railroad Killer, was only tried for murder in the state of Texas, though he was convicted of other violent crimes in other states previously:

Palmer, Emily. “He Rode the Rails Killing People: How Authorities Tracked Down a Serial Killer.” May 12, 2024. People. https://people.com/people-magazine-investigates-angel-maturino-resendiz-railroad-killer-8646357

Clinton pardoning Marc Rich (that’s a classic):

Time. “Notorious Presidential Pardons: Marc Rich, 2001.” https://content.time.com/time/specials/packages/article/0,28804,1862257_1862325_1862324,00.html

Biden pardoning his son:

Ferreira Santos, Sofia. “Biden Gives Son Hunter ‘Unconditional’ Pardon.” December 2, 2024. BBC News. https://www.bbc.com/news/articles/cjwl3venz39o

Ford did make a point that we all knew what he did:

“Shortly after 8:00 o’clock the next morning James St. Clair came to my office. Although he did not spell out in detail the new evidence, there was no question in my mind that he considered these revelations to be so damaging that impeachment in the House was a certainty and conviction in the Senate a high probability.”

The Gilder Lehrman Institute of American History. “President Ford’s Statement on Pardoning Richard Nixon, 1974.” https://www.gilderlehrman.org/history-resources/spotlight-primary-source/president-fords-statement-pardoning-richard-nixon-1974

Even somebody like Nixon could feel a certain amount of shame for some things:

CBS News. “Richard Nixon’s Resignation Speech [Archive video.]” August 8, 1974. https://www.youtube.com/watch?v=3_DrUaJEBtE

Singapore Sling:

https://www.diffordsguide.com/cocktails/recipe/1825/singapore-sling-raffles-formula

If you want to get into the nuance of cherry liquor vs. cherry brandy:

Dingwall, Kate. “Cherry Heering vs. Cherry Liqueur: What’s the Difference?” June 6, 2024. Food and Wine. https://www.foodandwine.com/cherry-heering-vs-cherry-liqueur-8659440

Apparently, it did originate in the bar of the Raffles Hotel:

Raffles. “Where the Singapore Sling was Born.” https://www.raffles.com/singapore/dining/long-bar/

Diluted:

https://www.merriam-webster.com/dictionary/diluted

Not deluded:

https://www.merriam-webster.com/dictionary/deluded

Gin and Bitters:

https://www.thespruceeats.com/pink-gin-classic-cocktail-759332

Manhattan:

https://www.liquor.com/recipes/manhattan-2/

Dark and Stormy:

https://www.liquor.com/recipes/dark-n-stormy/

Steve watched Andor:

https://ondisneyplus.disney.com/show/andor

Anne watched Daredevil: Born Again:

https://www.disneyplus.com/browse/entity-85e7a914-c8e6-41db-95df-c740dc2cf1b7

We all watched Rogue One:

https://www.imdb.com/title/tt3748528/?ref_=ext_shr_lnk

Remember? The Alamo:

https://www.thealamo.org/

If you would like a nice summary of the Alamo history we discuss:

SanAntonio.gov. “Mission San Antonio de Valero (The Alamo).” https://www.sanantonio.gov/Mission-Trails/Mission-Trails-Historic-Sites/Detail-Page/ArtMID/16185/ArticleID/4459/Mission-San-Antonio-de-Valero-The-Alamo

As convincing as Steve sounded, we could not verify that they didn’t finish the bell towers because of taxation.

Here’s a map of the Alamo so you can follow along with Mack’s and Steve’s descriptions:

The Alamo. “Map of the Grounds.” https://www.thealamo.org/map

Learn more about the Alamo restoration that Mack visited:

The Alamo. “Alamo Plan.” https://www.thealamo.org/support/alamo-plan

Not familiar with the history of the Woolworth’s lunch counter in San Antonio? Learn about it from someone who was there:

Biediger, Shari. “San Antonio Woman Recalls Her Role in 1960 Woolworth Sit-in to Desegregate Lunch Counters.” February 6, 2023. https://sanantonioreport.org/san-antonio-1960-woolworth-sit-in-segregation/

The Ralston Family Collections Center:

The Alamo. “Alamo Exhibit.” https://www.thealamo.org/support/alamo-plan/alamo-collections-center

Yep, that Phil Collins:

Cobler, Nicole. “Phil Collins’ Star Rises Over the Alamo.” Updated March 11, 2015. San Antonio Express-News. https://www.expressnews.com/news/politics/texas_legislature/article/Phil-Collins-star-rises-over-the-Alamo-6128672.php

Daughters of the Republic of Texas:

https://www.drtinfo.org/Members/Members/About-Us/Who-We-Are.aspx?hkey=10153a9c-2543-4967-b2da-838d568e767a

Chacho’s no longer lists a Screwrita on their menu, but maybe if you ask nicely…:

https://chachos.com/

He’s pardoning people to enable them to support him illegally and violently:

Benen, Steve. “Jan. 6 Rioter Who Encouraged Violence Against Police Hired to Work in Trump’s DOJ [Opinion].” July 2, 2025. MSNBC. https://www.msnbc.com/rachel-maddow-show/maddowblog/jan-6-rioter-encouraged-violence-police-hired-work-trumps-doj-rcna216452

Mack and Steve are right, there are a lot of various reasons why people support Trump. These are just a few issues that some have cited:

Doherty, Carrol; Kiley, Jocelyn; and Deane, Claudia. “What Trump Supporters Believe and Expect.” November 12, 2024. Pew Research Center. https://www.pewresearch.org/short-reads/2024/11/13/what-trump-supporters-believe-and-expect/

The perceived idea of culture:

Alfonseca, Kiara. “Culture wars: How identity became the center of politics in America.” July 7, 2023. ABC News. https://abcnews.go.com/US/culture-wars-identity-center-politics-america/story?id=100768380

And finding a fly in your chardonnay (or anything else mentioned in the Alanis Morrissett song) is not ironic. But you already knew that because every time that song is played or gets mentioned, someone you know points it out, including Mack and Steve while we were recording but Anne cut that part out because, ohemgee, can’t we as a collective civilization move on already?