The Constitution Study podcast

449 - When is a gun a gun?

448 - San Francisco v. EPA - Oral Arguments

How much pollution is too much? We all want clean air and water, but we still want our cars and flush toilets as well. The question in San Francisco v. EPA is how specific does the EPA need to be when it tells cities how much waste they can discharge into our nation’s waterways. From a constitutional standpoint, this case is not about waste water, but whether or not executive agencies have to follow the laws as written.

447 - A Constitution Catechism

446 - Importance of Jury Duty

Most of us have had the experience of pickup up the mail, only to get that pit in our stomach, maybe utter a small curse or two, and immediately being thinking of ways to get out of it. The piece of mail that has caused these reactions is a jury summons. Almost no one looks forward to jury duty, and the efforts to get out of it are legendary. Which makes me wonder, if We the People put as much effort into understanding jury duty as we did trying to get out of it, would America be a better nation...

445 - Importance of Voting

Election day is just one week away. I'm sure many of you, like me, are ready for this election season to be over. For more than a year we've been hammered, badgered, and generally harangued with the idea of how important it is to vote. However, it has been my experience that the reasons given for our participation in the election process was more about getting their candidate election, or more often preventing their opponent from winning, than what actually makes voting so important. So as the d...

444 - Bootstrapping or Malicious Prosecution

How far can law enforcement go when it comes to arresting someone? For example, say police have probable cause to charge you with a misdemeanor, how far can they "bootstrap" that charge to something more serious? That appears to be the question in the case Chiaverini v. City Of Napoleon, Ohio. While dealing with a misdemeanor situation, Mr. Chiaverini was subsequently was charged not only with that, but a felony. One little problem, the police had no probable cause for the felony.

443 - Blowing Holes in the Fifth Amendment

Everyone knows we have a right to remain silent, correct? What if I told you that in 2013 the Supreme Court upheld a decision basically stating that is not true. That you only have the right to remain silent if you verbally claim the right in the first place, otherwise, according to SCOTUS, your silence can be used against you. Let’s take a look at this case and some of the history behind this violation of your rights.

442 - Interstate Firearm Possession

Can Massachusetts prosecute out-of-staters who can legally carry in their home state? That was the question before Massachusetts courts in two cases. Needless to say, when these courts agreed with the plaintiffs, the Commonwealth disagreed, appealing the cases the the Massachusetts Supreme Judicial Court. While we wait for the court to decide the case, let’s look at the originating cases and the Commonwealth’s argument.

441 - Constitutionality of OSHA

Was the Occupational Safety and Health Administration properly created? Was the grant of authority Congress gave the agency constitutional and valid, or did Congress create an overpowered agency, to micromanage businesses throughout the United States. That is the question in the case Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et.al. Sadly, the Supreme Court decided not to year the case, even if Justice Gorsuch would have and Justice Thomas wrote a dissent....

440 - The Myth of the Military Style Assault Weapon

There are plenty of myths that revolve around the Second Amendment. It's only meant for the militia, or for hunting, or some weapons are just too dangerous are just of few. When we read the Constitution, along with just a tiny bit of research into the Bill of Rights, these myths should evaporate like the morning mist. However, in the case Bianchi v. Brown, it appears the Fourth Circuit believes the myths. However, some unorthodox procedures may show the court manipulated the process to get the o...

438 - Legal firearm possession as probable cause

Encountering law enforcement can be a nerve wracking situation, even if you've done nothing wrong. Imagine you've pulled over to safely deal with something in your vehicle, then have a police officer pull up behind you. Nothing to worry about, right? Then imagine, after providing your drivers license, you're pulled out of your car, searched, handcuffed, and "stuffed" into the back of the police cruiser while the officer searches your vehicle from stem to stern, even though you've done nothing wr...

437 - Should Rahimi be the poster child for the Second Amendment?

There's an adage in the legal profession, "hard cases make bad law". It can also be said that bad cases make bad law, and the case of United States v. Rahimi is one of those bad cases. The question is legitimate. Does 18 U. S. C. §922(g)(8), which prohibits a person under domestic violence restraining order from possessing a firearm or ammunition, violate the Second Amendment. However, for those of you who are thinking the answer is yes, Zackey Rahimi is not the person you would want leading thi...

436 - The Bill of Rights and the States

There are certain lies told about the Constitution that repeatedly grind into me like salt in an open wound. One of those is the repeated statement that "The Fourteenth Amendment incorporates the Bill of Rights, including the First Amendment, to the states." By which, the speaker usually means that, before the Fourteenth Amendment, none of the ten amendment in the Bill of Rights could be applied to the states. That, ladies and gentlemen, is a flat out lie, and I will prove it here.

435 - Rights Denied by Standing

The First Amendment protects our right to petition the federal government for a redress of grievance. But what happens when said federal government tells you that you don’t have the right to petition? Because that’s exactly what happened when the Supreme Court decided the case Murthy v. Missouri.

434 - January 6th Over Charging

After the January 6th riots the U.S. Department of Justice began charging anyone they thought participated, but not just for the crimes they committed. According to the DOJ, anyone who showed up at the Capitol had corruptly obstructed or impeded an official proceeding, punishable by a fine and imprisonment for up to 20 years. Many claimed that the DOJ was overcharging these J6ers, misusing the law to punish dissenters. When it comes to 18 U. S. C. §1512(c), SCOTUS agreed.

433 - Administrative Law Goes to Court

Seeking redress of our grievances is an important right, protected by the First Amendment. Can the federal government deprive you of due process as a condition of seeking redress? While not talked about in that way, that’s pretty much what the case SEC v. Jarkesy is all about. After assessing George Jarksey J. civil penalties for violations of antifraud provisions, the SEC attempted to deny him of his right to a trial by jury. Could this be a start of reforms of unconstitutional administrative l...

432 - Chevron is Dead! Long Live Looper!

There are certain legal terms and cases that most people don’t know about, at least until their used to bite someone in the backside. One of those terms is Chevron Deference, or Chevron Doctrine. It comes from a 1984 case where the Supreme Court came up with the great idea that, when Congress isn’t specific, the bureaucrats get to decide. While the court may have overruled Chevron, Looper may not be any better.

431 - Presidential Immunity

When the delegates to the Constitutional Convention debated the role of the chief executive, many expected George Washington to become our first king. Between Mr. Washington’s humility, and the delegates recent experience with a king, they decided we'd be better off with a President rather than a king. With the recent case of Trump v. United States, many have asked, have we turned the office of President into the office of king?

430 - Biology at the District Court

Rarely does a single sentence so completely crystalize the situation as the first line of the court order in Tennessee v. Cardona. The case involves the attempts by the Biden Administration to rewrite Title IX’s protections of women in education and their access to competitive sports. The single sentence? “There are two sexes: male and female.” That one sentence is the foundation of Judge Reeves' injunction against the United States Department of Education’s attempt to ignore biology, rewrite la...

429 - Bumping Into the Law

When does a rifle become a machine gun? That is the question asked in the Supreme Court case Garland v. Cargill. When the Bureau of Alcohol, Tobacco, Firearms, and Explosives suddenly decided to redefine bump stocks as machine guns, many Americans simply complied. However, when Michael Cargill surrendered his bump stocks to the ATF, he did so under protest, filing suit to challenge the rule under the Administrative Procedure Act. Those of us who enjoy and exercise our right to keep and bear arms...

428 - Lives, Fortunes, and Sacred Honor

Things looked bleak for the colonies in 1776. The question of freedom had life and death consequences. Those 56 men who signed the Declaration of Independence knew they were committing treason against their king. They knew that freedom would cost them greatly. Yet they still pledged to each other their lives, fortunes, and sacred honor. Today, groups of people around this nation are still fighting for their independence. Not from political affiliation, but from ever expanding governments dedicat...

427 - Who's Protecting Our Children?

Probably the most powerful instinct as a parent is to protect our children. Parents work hard, sacrifice, and sometimes risk their own lives to protect their children. Most parents believe the government is there to help them protect their children, but is that true? Take, for example, the case of Parents Protecting Our Children UA v. Eau Claire Area School District Wisconsin. Parents Protecting, an association of parents, sued the Eau Claire Area School District to prevent them from enforcing g...

426 - Fraternal Twin Court Cases Point to the Death of Justice Worldwide

Late May in the United States is usually a time of cook-outs and remembrance as we memorialize those who gave their lives in service to this country. 2024 however, should be remember for another death, the death of courts of justice. First it was the International Criminal Court. Prosecutor court Karim Khan sought arrest warrants for the leader of both Hamas and Israel, alleging he had reasonable grounds to believe they had criminal responsibility for war crimes. Then, barely a week later, Judge...

425 - Rights After Conviction

According to federal law, if someone is convicted of a crime and punished with more than one year in jail, they loose their rights protected under the Second Amendment. A recent decision by the Ninth Circuit Court not only brought that federal law into question, but decided it was wrong. The court didn’t find that this federal law violated the Constitution, rather they found it violated Supreme Court’s Bruen decision. But is that all this federal law violates?

424 - When Did the Federal Reserve become the National Treasury?

Article I, Section 9, Clause 7 of the Constitution states “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;” That seems pretty straight forward. So how could Congress establish a government agency funded not by appropriations from the treasury, but by fees paid to another federal entity? This was the question brought to the Supreme Court in the case CFPB v. Community Financial Services Assn. of America. Sadly, it seems that the Supreme Court once again...

423 - The Treaty That Cannot Be

It’s been in the news again lately, the World Health Organization (WHO) Pandemic treaty. Not only does this United Nation want the power to take over the world in a “health emergency”, but numerous politicians and commentators keep claiming that if Joe Biden signs this treaty, it would be legally binding. The truth is, that is just not true, for several reasons.

422 - What Can the Constitution Do For You

I meet a lot of people who think the Constitution is useless, while others wonder how people can get away with violating it. While these may appear to be opposing positions, I believe they stem from the same misconception. That the Constitution of the United States is some super hero that will come flying in to save the day. Rather, the Constitution is ink on parchment, a tool, and nothing more. Like any other tool, the Constitution is absolutely useless unless it is picked up and wielded. And l...

421 - Presidential Immunity

In one of the many cases against Donald Trump, his attorney’s are claiming that he cannot be criminally charged for an act he performed in his official capacity as President. Why? Because of something called Presidential Immunity. Is there such a thing as Presidential immunity? If so, where is it stated in the Constitution? Or is the idea Presidential immunity just the latest attempt to turn the President of the United States into a king?

420 - Maine Becomes the Latest State to Throw Away The Republic

Maine's governor allowed an unconstitutional piece of legislation to become "law" without her signature. LD 1578, An Act to Adopt an Interstate Compact to Elect the President of the United States by National Popular Vote is not only foolish and unconstitutional, but the latest attempt to change the United States from a union of republics into a monolithic democracy. It seems, just as with the Sixteenth and Seventeenth Amendments in 1913, states are not only willing to give up their sovereignty, ...

419 - Is the Constitution a Threat to National Security

A policy statement released by the Executive Office of the President, Office of Management and Budget effectively made a very bold statement, that the Constitution of the United States was a threat to national security. Does this not remind you of the saying from Benjamin Franklin? “They who would give up an essential liberty for temporary security, deserve neither liberty or security.” Benjamin Franklin Are the American people willing to give up their right to be free from unreasonable searches...