The Michigan Constitution Podcast

Latest Episodes:

Podcast 18: Right to Bear Arms (Part 3) Sep 01, 2020

Show notes

We will continue our discussion regarding Article 1, Section 6 in the Michigan Constitution. This provision of the MI Constitution reads as follows:

“Every person has a right to keep and bear arms for the defense of himself and the state“

For our last podcast covering this topic, we will review a hodge-podge of cases which have addressed this specific provision. This includes off-duty deputies and their firearms; a Personal Protection Order (PPO); a Conceal Weapon permit; and the hunting of game animals.

Podcast 17: Right to Bear Arms (Part 2) Aug 15, 2020

Show notes

We will continue our discussion regarding Article 1, Section 6 in the Michigan Constitution. This provision of the MI Constitution reads as follows:

“Every person has a right to keep and bear arms for the defense of himself and the state“

This time, however, we will discuss the idea of being a Felony In Possession of a Firearm and whether that runs afoul of the the Michigan Constitution. We will also throw into the mix the notion of self-defense when a Felon is prohibited from possessing a firearm.

Podcast 16: Right to Bear Arms (Part 1) Aug 01, 2020

Show notes

This time around we will discuss Article 1, Section 6 in the Michigan Constitution. That provision of the MI Constitution reads as follows:
“Every person has a right to keep and bear arms for the defense of himself and the state“

This provision, similar to the 2nd Amendment of the United States Constitution is going to allow for the defense of oneself, their property and the State of Michigan, however, the Legislature’s police power will allow for some restrictions on gun ownership. But we’ll also discuss the restrictions on “arms” and what that means. Similarly, we discuss the right to bear arms while committing a felony (the Felony Firearm statute) and stun gun ownership, all in this podcast!

Podcast 15: Freedom of Speech (Part 4) Jul 15, 2020

Show notes

In our final review of Article 1, Section 5 we’re going to discuss defamation in regard to Freedom of the Press. This is traditionally a matter of a newspaper printing a story which the individual (who is the subject of the article) finds to be defamatory in nature. Remember: Defamation is a false comment which damages the reputation of the person against whom the false statement was directed. But how do we handle defamation against a Judge? Or a State Employee? What about when the individual is a Public Figure versus a Private Individual? Also, can you defame a business? Find in this this podcast where we answer those questions and a few others, as well!

Episode 14: Freedom of Speech (Part 3) Jul 01, 2020

Show notes

We’re in the thick of what it means to enjoy a Freedom of Speech under the Michigan Constitution. In this third part of a four part series, we get into commercial and political speech. Business yard signs and political yard signs will be addressed. We also talk about pornography from an obscenity standpoint and why it’s so hard to craft legislation which constitutionally bans obscene books/magazines/movies. Also, we’ll get into campaign contributions and why they is protected political speech.

Episode 13: Freedom of Speech (Part 2) Jun 15, 2020

Show notes

We continue the conversation about Michigan’s Constitution; Article 1, Section 5; and the Freedom of Speech. This time, we focus in on how the Michigan Constitution addresses topics like Fighting Words, Freedom of Expression, Freedom of the Press, Trials Closed to the Media, Prior Restraint and Freedom of Speech for State of Michigan Employees.

Episode 12: Freedom of Speech (Part 1) Jun 01, 2020

Show notes

Although the United States Constitution wraps all our free speech rights into the First Amendment, our Michigan Constitution does not. It breaks it up between Article 1, Section 3 as well as Section 5. In this podcast, I start with a general review of Article 1, Section 5 and the free speech concept, generally. This is one what will likely be a four-part review of the Michigan’s freedom of speech and freedom of the press podcasts.

Episode 11: MI Legislature v. MI Governor May 15, 2020

Show notes

This time around, we do another one-off podcast to discuss the lawsuit the Michigan Legislature brought against the Michigan Governor (Gretchen Whitmer) as it relates to her issuance of Executive Order 2020-67 and Executive Order 2020-68. These EOs pertain to two Acts: the Emergency Powers of the Governor Act (EPGA) and the Emergency Management Act (EMA). This case was decided by a Michigan Court of Claims judge but has been appealed to the Michigan Court of Appeals. This podcast merely discusses the status of the case today, we will update you as more progress is made.

Episode 10: Barbers & Governors & EOs (Oh My!) May 01, 2020

Show notes

This time we take a break from the Michigan Constitution to address a legal case that’s making national news. In one corner, we have a barber who merely wants to operate his barbershop and cut hair. In the other corner, a Governor who says her Executive Orders are to be followed to the letter of the law. In between, we’ve got a ping-pong action between a local Circuit Court judge, the Court of Appeals and the Michigan Supreme Court.

Episode 9 — Freedom of Religion (Part 4) Apr 15, 2020

Show notes

This topic, specifically Article 1, Section 4 is going to be broken up into 4 podcasts. There is a lot of information to share. This is Part 4 of 4.

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