The Constitution Study podcast

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445 - Importance of Voting Oct 28, 2024

Show notes

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 day of reckoning for this crazy election cycle approaches, let's take some time and look at the importance of voting without all of the political party rhetoric.

444 - Bootstrapping or Malicious Prosecution Oct 21, 2024

Show notes

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 Oct 14, 2024

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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 Oct 07, 2024

Show notes

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.