Episode # 66 Today on Legalese we are doing a deep dive into the pending Supreme Court Case SEC v Jarkesy. This case was one included in my Supreme Court Roundup video from October 2023, which included a very brief summary of the case and reviewed the Question Presented. In my opinion, this case is shaping up to be the most interesting and most consequential among those I am covering for this term in my Supreme Court Roundup. Which is why today we’ll be giving this case the comprehensive attenti...
Dec 29, 2023•53 min•Season 2Ep. 66
Episode # 65 Today on Legalese, we are discussing the case Moore v United States. This case, which was part of my 2023 Supreme Court Roundup was argued before the Court on December 5th, 2023. There is a lot of new information that can be gleaned about this case from those arguments and so this video will be a summary of those arguments. Looking at the key issues raised and making some fairly certain predictions about the outcome of this case. Show Notes Page for This Episode - Moore Money, More ...
Dec 29, 2023•19 min•Season 2Ep. 65
Understanding The Significance Of Ketanji Brown Jackson And Progressive Originalism Episode #61 Today on Legalese we will be discussing the judicial philosophy of Progressive Originalism. What is it, what isn't it, how does it work and to what ends? Plus how does it compare with the other more common forms of Originalist judicial interpretation such as original public meaning or textualism? Also we will be talking about the first Progressive Originalist on the Supreme Court. That is of course th...
Dec 29, 2023•45 min•Season 2Ep. 61
The History Of Qualified Immunity - The Slow Death Of Government Accountability Episode # 64 Today on Legalese we are talking about the history of the qualified immunity doctrine. We do a deep dive into constitutional law and common law to show just how ahistorical this doctrine is, having been invented out of nothing by the Supreme Court in the 1980’s. Show Notes - History Of Qualified Immunity Subscribe to the Legale§e Newsletter You will get notifications for all new content, whether it’s art...
Dec 29, 2023•41 min•Season 2Ep. 64
Qualified Immunity Turns Against Police (Blue On Blue Violence) Episode # 63 Today on Legalese we will be discussing two truly outrageous cases in which cops were granted qualified immunity. The first is a unique example of what I call "blue on blue violence". A term I coined to describe incidents in which police officers are both preparator and victim. In this case, one officer shot another in the back, paralyzing him. The hapless cop who carelessly shot him would get qualified immunity. While ...
Dec 29, 2023•34 min•Season 2Ep. 63
Episode #59 Today on Legalese we will be discussing a major update to the Supreme Court's 2023 term. Earlier today the Court chose to grant cert on two big cases that offer a serious challenge to the doctrines of Chevron Deference and Qualified Immunity. In Relentless Inc. v Chamber Of Commerce we have a nearly identical case to the Loper Bright case the Court agreed to review back in May. Just like Loper, this case directly asks the Court to overturn Chevron Deference and revolves around a prov...
Oct 14, 2023•14 min•Season 2Ep. 59
Episode #58 Today I Legalese I will be discussing the cases that I will be covering in depth during the coming Supreme Court term for 2023-2024 Show Note Page for "Supreme Court Roundup 2023-2024 Term" Follow & Support Subscribe To Legalese Newsletter - https://legaleseshow.com/ Legalese Homepage - https://www.legalesepodcast.com/ “Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - https://www.amazon.com/dp/B0BN93R9QX Contact Me - Bob@legalesesho...
Oct 02, 2023•41 min•Season 2Ep. 58
Episode #56 Today on Legalese we will be discussing a recent case out of the Sixth Circuit - 'Ingram v Wayne County' in which the Court held that when a car is seized under civil asset forfeiture, the owner has a constitutional right to a hearing within two weeks of the seizure. On top of that encouraging majority opinion, we also discuss the concurring opinion filed in this case by prominent conservative jurist Judge Amul Thapar that takes an even more striking and encouraging position. Show No...
Sep 30, 2023•27 min•Season 2Ep. 56
Episode #57 Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment: Intro Incitement True Threats Fighting Words Defamation Obscenity Fraud and Perjury Speech Integral To Criminal Conduct Show Notes Page For This Episode This episode was created to be the ultimate guide to unprotected speech within our modern legal framework according to the First Amendment's protections of speech, expression and conduct. There are a great deal...
Sep 15, 2023•50 min•Season 2Ep. 57
Episode #55 Today on Legalese we look at two recent cases that pit private citizens and the First Amendment against qualified immunity and police officers who believe themselves to be above the law. In Jordan v Adam's County Sheriff's Office a man was arrested for criticizing two shitty cops who got very upset when their inflated sense of authority was questioned. In Bailey v Iles we find a man whose only "crime" was to post a joke on Facebook. Which was considered enough of a crime by the Rapid...
Sep 07, 2023•35 min•Season 2Ep. 55
Episode #54 A big win coming out of the Fifth Circuit Court Of Appeals in the case of Rogers v. Smith. The Court affirmed that a police officer who deprived a citizen of their first and fourth amendment rights when they arrested that citizen for criminal libel, despite the police's prior awareness the criminal libel law in question, Louisiana Revised Statutes §14.47 had been ruled unconstitutional by both the Louisiana and United States Supreme Courts. For these reason the police officers being ...
Aug 22, 2023•34 min•Season 2Ep. 54
Episode #53 Today on Legalese we are going to be discussing a new article that will be released in an upcoming volume of the Notre Dame Law Review entitled "Qualified Immunity As Gun Control". Law professors Guha Krishnamurthi & Peter N. Salib make one of the most evil and admittedly most brilliant calls ever to further a gun control agenda by using the doctrine of qualified immunity. This video is based on my article of the same name, recently published to Substack: https://constitutionalla...
Aug 22, 2023•39 min•Season 2Ep. 53
Episode #52 Today on Legalese we will be discussing the Supreme Court's landmark equal protection clause case dealing with the constitutionality of racially biased admissions discrimination policies on both public and private universities. The case: Students For Fair Admission v Harvard effectively puts an end to affirmative action in college admissions in accordance with Title VI of the Civil Rights Act of 1964 in it's opinion that the affirmative action policies fail the strict scrutiny standa...
Aug 22, 2023•21 min•Season 2Ep. 52
Episode #51 Today on Legalese we have another video in my Supreme Court Wrap-Up. We discuss Haaland v Brackeen (2023). A landmark Indian Commerce Clause case that sought to challenge the constitutionality of the Indian Child Welfare Act of 1978. Show Notes Page For This Episode - https://constitutionallaw.substack.com/p/haaland-v-brackeen-599-us-___-2023 Follow & Support Subscribe To Legalese Newsletter - https://legaleseshow.com/ Legalese Homepage - https://www.legalesepodcast.com/ Contact ...
Aug 22, 2023•37 min•Season 2Ep. 51
The other day on Twitter the notable YouTuber and world-class milquetoast fence sitter, Tim Pool tweeted about the upcoming Supreme Court Opinion in Jackson and Bruen. Saying if the Court overturns Roe and Casey and also rules on Nationwide Constitutional Carry there will be less rioting. While there are myriad problems with this tweet the one that really grinds my gears was his insistence the court could rule on nationwide constitutional carry. After reaching out to Tim to verify if this was me...
Jun 03, 2023•36 min•Season 2Ep. 13
Today On Legalese we are talking about the ridiculous arguments coming from Washington that suggest the debt limit is unconstitutional and that the 14th amendment authorizes the President to circumvent the Constitution and laws of the United States to pay off the US debts to avoid default. Show Notes Page For This Episode Follow & Support Subscribe To Legalese Newsletter Legalese Homepage Contact Me Legalese is a podcast that discusses all things constitutional law as well as current events ...
Jun 03, 2023•18 min•Season 2Ep. 49
Today on Legalese we return to a case I discussed in January about home equity theft and the Supreme Court case challenging its constitutionality. Yesterday the Supreme Court issued its unanimous opinion, enjoining Minnesota’s Home Equity Theft law as unconstitutional under the Takings Clause. We will be talking the case in question Tyler v Hennepin County, why and how the Supreme Court ruled in favor of the Plaintiff, Geraldine Tyler, and what some of the likely ramifications of this decision w...
May 29, 2023•25 min•Season 2Ep. 48
Today on Legalese, we are going to be looking at a statement put out by Associate Justice Neil Gorsuch as part of the Court's procedural decision in the recent case of Arizona v Mayorkas. This decision dealt with the abuse of civil liberties under emergency powers, specifically through the usurpation of the so-called "Title 42 Emergency Orders" that were issued to help prevent the spread of Covid-19, that were usurped by several different state governments and federal administrative agencies for...
May 29, 2023•15 min•Season 2Ep. 46
Today On Legalese we have the second video in my series about the Supreme Court's upcoming case that will reconsider chevron deference. Do their actions constitute some kind of usurpation of power and are they an attack on democracy itself? We discuss this while debunking an article from Vox that claims both of those things are correct. We also look at the real history of administrative law in regards to Chevron Deference Ep. 43 "Do The Supreme Court's Actions Constitute An Attack On Democracy?"...
May 29, 2023•50 min•Season 2Ep. 45
Today on Legalese, we will be discussing the Supreme Court's grant for judicial review on the case Loper Bright Enterprises v. Raimondo. This case is controversial because of the distinct (though highly unlikely) possibility that it may see Chevron Deference overruled entirely. Chevron Deference is perhaps the most prolific legal doctrine in the whole of administrative law. This doctrine arose from a landmark Supreme Court case known as: Chevron U.S.A., Inc. v. Natural Resources Defense Council,...
May 11, 2023•30 min•Season 2Ep. 43
Today on Legalese, we continue my ongoing series "Ignorance of the Law" where I expose the fact that while politicians and police are often quick to tell people ignorance of the law is not an excuse for breaking the law, it's often an excuse for making and enforcing the law. We discuss the North Hampton, New Hampshire police department, where several officers and the police chief beclowned themselves following an especially absurd arrest. But this incident is only the latest in a disturbing tren...
Apr 11, 2023•33 min•Season 2Ep. 39
Kyle Rittenhouse recently went on Tucker Carlson to announce he will be starting a non-profit group called the "Media Accountability Project" as well as announcing a series of defamation lawsuits against numerous individuals in corporate media, celebrities and politicians. Today we discuss why, while the corporate media's smears against Kyle may be reprehensible. But they are not defamatory. How Kyle is being miscounseled and why we probably won't win a dime in court Find Doctor Randomercam on Y...
Mar 07, 2022•58 min•Ep. 85
In today's episode of Categorical Imperatives we will be taking a look at beliefs amongst the sovereign citizen movement Including The capitalization of names on Court documents, the supposed meaning of gold fringe on a flag, The meaning of the term "color of law" The difference between suits at common law and suits in equity and the difference between the privileges and immunities of citizenship and their relation to natural rights in both Common law and Constitutional law. Follow & Support...
Dec 16, 2021•43 min•Ep. 32
Today on Categorical Imperatives we return to discussing the unfolding trial of Kyle Rittenhouse. In my last video we looked at how the corporate media had beclowned themselves with their ridiculous coverage and analysis of the case. All this week we have been watching the trial proper, in which the Prosecutor has been laying out his case for conviction.... or at least that's the idea.... The only problem is that absolutely everything this guy says and does either makes his argument look worse o...
Nov 07, 2021•39 min•Ep. 71
On this episode of Categorical Imperatives We finish our discussion started last week about the Electoral College, why the National Popular Vote Movement i Unconstitutional and the meaning of "One Person, One Vote Doctrine" Categorical Imperatives on Bitchute - https://www.bitchute.com/channel/categoricalimperatives/ Categorical Imperatives on Parler - https://parler.com/profile/Lockeanliberal/pos Original Chris Hayes Segment - https://youtu.be/T1Dv25z480c Categorical Imperatives is a podcast th...
Sep 03, 2021•41 min•Ep. 22
In this episode of Categorical Imperatives we discuss how it is as a matter of both law and moral philosophy that all rights can be said to be property rights.
Sep 02, 2021•1 hr 5 min•Ep. 43
Today on Categorical Imperatives we are going to be looking at the Electoral College. In this video, Part One of a two part series we will be looking at The electoral College as compared to a system put forward by the National Popular Vote Movement. In Part Two we will be examining the case law that compromises the Supreme Court's "One Person, One Vote" doctrine. What people think it means, why they are all wrong, what it actually means and what, if anything is the Constitutional basis to contin...
Sep 02, 2021•1 hr 3 min•Ep. 21
On this episode of Categorical Imperatives we discuss the importance of Federalism as a mainstay of our government's checks and balances. Why calls for electoral reform from particular political party every election cycle because they are just sore losers, is more than selfish. Why it is a short-sighted grasp for power that they demand without considering any of the consequences of the changes they propose or the merits of the structure they want to destroy. We will be going over and article fro...
Sep 01, 2021•1 hr 10 min•Ep. 19
On this episode of Categorical Imperatives we look ahead to the presidential election to ask a truly important question. Not what do you plan to do November 3rd 2020... What do you plan to do November 4th? It's easy to get swept up with Democrats and Republicans who will tell you "This is the most important election of our lifetime"... But it never is. I sat down for a conversation with Mike Maharrey of the Tenth Amendment Center about why greater individual liberty won't come at the ballot box....
Sep 01, 2021•51 min•Ep. 13
Today on Categorical Imperatives we contemplate how we as individual citizens can advocate on our own behalf when we are up against the long arm of the law. For centuries Habeas Corpus has been known by Jurists and civil libertarians alike as "The Great Writ". And indeed it is. Where does it come from? What role has it played in the formation of Jury Nullification, in bringing an end to slavery, in exposing our 16th and 43rd Presidents as tyrants, and what can it do for citizens to help ensure a...
Sep 01, 2021•43 min•Ep. 17
