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The Common Construct Podcast

The Common Construct Podcast

By: David Morgan
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 Examining our institutions and traditions to shift the focus of our communities from the next 4 years - to developing a strong, resilient, and sustainable vision for the next 400 years.

thecommonconstruct.substack.comDavid Morgan Political Science Politics & Government Social Sciences
Episodes
  • No, You Can't Be Lawfully Arrested For Simply Refusing to Show ID in Alabama

    No, You Can't Be Lawfully Arrested For Simply Refusing to Show ID in Alabama
    Mar 19 2026
    On Friday, March 13, 2026 the Alabama Supreme Court ruled that police can demand a physical ID card from suspects and that refusal to comply to the officer’s satisfaction may result in an arrest for obstructing governmental operations.But actually, that didn’t happen. The state’s supreme court didn’t rule anything of the sort, despite what you may have seen in the news. I’ll explain what the ruling actually did and why this bad reporting might actually be a self-fulfilling prophecy that could threaten your constitutional rights.Watering Plants While BlackThe ruling on Friday involved a man, Pastor Michael Jennings, being arrested on the charge of Obstructing Governmental Operations when he refused to provide an ID card to Childersburg Police when demanded of him. Pastor Jennings was stopped and detained under what’s called a Terry Stop for the very suspicious act of watering his neighbor’s plants. Obviously very suspicious given that most burglars water the plants before entering a home.First, let me say, I’m not a lawyer, though I do watch lawyers on TV. I’m also not a cop, though, again, I do watch cops on TV. I have however worked with lawyers and police officers for the majority of my career. I also consult with attorneys on matters of law enforcement and dispatch procedures. Oh, and I can read.The law that the Alabama Supreme Court ruled on is section 15-5-30 of the Alabama Code which says that an officer “may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.” Pastor Jennings was not arrested for violating this law.Pastor Jennings was arrested under section 13A-10-2 of the Alabama Criminal Code which says “A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he: (1) intentional obstructs, impairs or hinders the administration of law or other governmental function; OR (2) Intentionally prevents a public servant from performing a governmental function.”The Alabama Supreme Court’s ruling is only on if the officers involved could have reasonably believed they had the authority to demand anything other than a verbal statement of name and address. And I’ll note, the justices were split on the exact meaning of those words.The case is actually a federal civil case against the Childersburg officers for false arrest. It’s been dismissed, appealed, and the dismissal was reversed and sent back to the trial court. Then it was sent to the Alabama Supreme Court, not for a ruling really, but as a certified question seeking clarification on the meaning of the law allowing an officer to demand a name and address.The actual criminal arrest for obstructing governmental operations was already dismissed and the federal circuit court already ruled that Pastor Jennings “was under no legal obligation to provide his ID.”Qualified Immunity and “Arguable” Probable CauseThe thing is, nobody is claiming an officer can arrest anyone for obstructing just for simply refusing to cooperate, except 1) liars, 2) people that didn’t read the law, or 3) liars that didn’t read the law (prosecutors). What they are claiming is that the officers that arrested Pastor Jennings unlawfully can’t be sued for what technically amounts to kidnapping. This is the doctrine of state-agent immunity, and more specifically in this case, qualified immunity.Qualified immunity is the safety net for officers, and most civil servants, from being civilly sued for their incompetence or gross negligence that violates statutory or constitutional rights while performing their official duties, no matter how great the resulting consequences. It’s a complicated legal theory, but in this case, it hinges on whether or not a reasonable officer (as opposed to the Childersburg Police) would believe they had probable cause for an arrest.And in the interest of full disclosure, throughout most of my career as a former, senior government executive and employee with broad discretionary power I’ve enjoyed this same protection from civil liability for my actions that could have easily violated people’s constitutional rights.The United States Court of Appeals for the Eleventh Circuit cited an eerily similar, and controlling case, Edger v. McCabe. Which is another case where police in Alabama arrested a black man, Mr. Edger, for obstructing just because he didn’t provide his ID. The court held that “the plain text of the Alabama statute is so clear that no reasonable officer could have interpreted it to permit Mr. Edger’s arrest for failing to produce his ‘ID’ or ‘driver’s license’ under § 15-5-30.”The eleventh circuit went on to say “it has been clearly established for decades prior to Mr. Edger’s arrest that the ...
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    16 mins
  • Episode 002: The Path to a Better Alabama

    Episode 002: The Path to a Better Alabama
    Jan 14 2026
    Episode SummaryIn this episode of The Common Construct, host David Morgan sits down with Dr. Will Boyd to discuss a vision for Alabama that spans the next 400 years. Dr. Boyd, a polymath with background in engineering, religion, and management, breaks down the systemic “constructs” currently holding the state back—from educational funding gaps to an outsized prison system. They explore how to shift Alabama from a “welfare state” to a regional powerhouse by prioritizing community resiliency, leveling the educational playing field, and restoring the humanity often lost in the justice system.Key Takeaways (The TL;DR)* The ZIP Code Crisis: Education in Alabama is currently determined by geography. Dr. Boyd advocates for a statewide educational lottery to fund universal pre-K and certificate programs to ensure every child starts on a level playing field.* Justice as a Profit Center: The conversation highlights how Alabama’s prison system has become a profitable business, often at the expense of non-violent offenders. Dr. Boyd proposes “presumptive paroles” and independent audits to shift the focus from punishment to rehabilitation.* The “Brain Drain”: Alabama loses its most productive citizens to other states because of inconsistent laws and low educator pay. A proposed solution includes significant student loan forgiveness for teachers who commit to staying in the state.* Resiliency vs. Emergency: True community resiliency isn’t about wearing a hard hat after a storm; it’s about having the infrastructure (broadband, rural healthcare, and local food banks) in place before a crisis hits.* A “Star Trek” Future: Dr. Boyd envisions a unified Alabama that celebrates diversity and uses a “United Federation” approach to solve common problems like healthcare accessibility and infrastructure.Timestamped Chapters* [00:00:11] Introducing Dr. Will Boyd: The man of many doctorates and his 2026 run for Governor.* [00:02:48] The Hidden Beauty of Alabama: Caves, foliage, and the tourism potential of North Alabama.* [00:09:53] The Education Lottery: Using a lottery to fix the pre-K gap and level the playing field by ZIP code.* [00:18:04] High-Speed Rail & Broadband: Connecting the Black Belt to the economic hubs of the North.* [00:26:17] Historical Interlude: 1626, King Charles I, and the perils of incompetent leadership.* [00:30:20] The Justice System Crisis: “Othering,” heavy-handed prosecution, and the death of due process.* [00:35:35] The PTSD Approach to Parole: Presumptive Paroles and technical violation caps.* [01:02:38] The Public Servant Crisis: Why we are losing EMTs and Firefighters to Buc-ee’s and McDonald’s.* [01:18:41] COVID-19 & The Lost Manual: Why we ignored existing pandemic plans and what it means for future resiliency.* [01:31:02] Government as a Public Service: The argument for term limits and local engagement.* [01:50:36] “What is your Carthage?”: Dr. Boyd’s passionate concluding statement: “Alabama Can, Alabama Will.”Relevant Statistics & DataTo provide context to the conversation regarding education and the justice system, consider the following current data:* Educational Ranking: As of 2024 reports, Alabama has moved up to roughly 44th or 45th in the nation for reading and math, though local proficiency in certain high schools remains as low as 25% for reading and 15% for math.* The “Welfare State” Dynamic: Alabama historically receives approximately $3.00 to $4.00 in federal funding for every $1.00 it contributes in federal taxes.* Prison Population Demographics: While Black Alabamians make up roughly 26% of the state’s total population, they represent over 50% of the incarcerated population.* Healthcare Crisis: Nearly 40% of Alabama’s rural hospitals are currently operating “in the red,” with roughly 23 hospitals at immediate risk of closure.Guest SpotlightDr. Will Boyd Dr. Boyd is a 2026 Gubernatorial Candidate with a deep background in engineering and organizational management. He has served as a city councilman and a chancellor, and currently pastors a historic 166-year-old church in Florence, AL.* Connect: DrWillBoyd.comCall to ActionJoin the Construct: If you believe Alabama can do better, subscribe to the Common Construct and share this episode. We want to hear your thoughts on community stabilization—leave a comment or review wherever you listen to podcasts. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit thecommonconstruct.substack.com
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    1 hr and 57 mins
  • Episode 001: The Human Construct in a Digital Age

    Episode 001: The Human Construct in a Digital Age
    Jan 5 2026

    In this inaugural episode, host David Morgan sits down with cybersecurity expert Jamie Ginn to explore the invisible frameworks that hold our society together—what David calls “The Common Construct.” From the ethics of Artificial Intelligence to the psychological toll of social media, they discuss how modern technology is reshaping our relationships, our faith, and our very perception of reality. Jamie shares his “Carthage”—a plea for ethical guardrails and foresight in an industry often blinded by the “shiny and new.”



    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit thecommonconstruct.substack.com
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    1 hr and 47 mins
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