The Constitution Study podcast

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465 - Free speech vs abortion Mar 17, 2025

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Free speech jurisprudence has rested on shaky ground for decades in this country. Looking back at cases like Hill v. Colorado, Austin v. Reagan National Advertising of Austin, and Dobbs v. Jackson Women's Health has left a confusing and contradictory morass of precedence, most if not all of it contradicting the Constitution of the United States. With the recent case Coalition Life v. City of Carbondale, Illinois, the court had the opportunity to set the record straight once and for all. Instead, the court whiffed, and declined to even head the case.

464 - Permitting for Profit Mar 10, 2025

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In poker there's a move called "Buying the pot". This is when one person makes a very large bet in an attempt to discourage others from continuing the hand. But what if we're not talking poker? What if we're talking permit fees for the use of your own land? That is exactly what George Sheetz sued the County of El Dorado California for.

463 - Equal Protect of Self Defense Mar 03, 2025

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462 - Age limit on Constitutionally Protected Rights Feb 24, 2025

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There are certain things in life with a minimum age limit like driving, drinking alcohol, and even voting, but is there a minimum age limit for your constitutionally protected rights? That was the question Caleb Reese and others wanted asked, when they filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives regarding 18 USC §§922(b)(1) and (c)(1), which prohibit the selling of handguns to 18-20 year old adults.

461 - What Makes a Search Reasonable Feb 17, 2025

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I doubt it would surprise you that I watch a fair amount of videos that involve interactions with the police. One question that comes up is when is an officers attempt to search of detain someone reasonable? One of the cases attorneys frequent refer to is Pennsylvania v. Mimms. So I decided it was worth some time reviewing that case.

460 - Birthright Citizenship vs the Constitution Feb 10, 2025

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One of the executive orders Donald Trump signed on his first day in office ordered federal departments and agencies to not issue any citizenship documents to anyone born in the United States to a mother who was either illegally or temporarily in the United States unless the father was a citizen. It should surprise no one that this order stirred up controversy. Of the several lawsuits that have been filed I have found one thing in common, an inability to read the law.

459 - Paying for Police Damage Feb 03, 2025

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When the government, in the form of the police, damage your property, who pays for it? In the case of VIcki Baker v. City of McKinney, TX the police had to damage her property to apprehend a fleeing felon. However, when the city refused to pay for the damages, Ms. Baker sued. The District Court found for her, but the Circuit Court overturned. When she asked the Supreme Court to review, they declined certiorari. Two justices expressed concern about the prospect of the government damaging homes without paying compensation.

458 - Librarians vs The People's Representatives Jan 27, 2025

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Who decides what is appropriate for public libraries? That is at the heart of the case Fayetteville Public Library et. al. v. Crawford County, Arkansas et. al. The representatives of the people of Arkansas passed a law, Arkansas Act 372, which both established a crime of furnishing a harmful item to a minor and established guidelines for selection, relocation, and retention of such materials. A group of libraries, librarians, and related organizations sue Arkansas 28 prosecuting attorneys in the federal District Court for the Western District of Arkansas. The District Court issued a preliminary injunction, preventing the law from going into effect. Or does it?

457 - Medical Censorship Jan 20, 2025

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There were plenty of infringement on people's rights during the COVID scamdemic, and censorship was rampant. Not only did we have members of our own government colluding to censor information they didn't like, but we've had professional associations joining in. Worst of all, the so-called medical professionals seemed to be at the forefront, violating the central tenant of the hippocratic oath, "First, do no harm".

456 - What's Wrong with the Crucial Communism Teaching Act Jan 13, 2025

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There are a lot of things I'd like to see done better in this country. On that list, education is right up near the top. But is it right to break the law to improve education? That's the question I asked myself when I read the text of H.R. 5349, The "Crucial Communism Teaching Act''. You see, while teaching the truth about communism's history is important, should this bill pass Congress and be signed, it cannot be the supreme law of the land, because it was not made pursuant to the Constitution of the United States.

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