The Constitution Study podcast

13:32

343 - The Virginia Declaration of Rights (2)

The Constitution Study podcast ·

2022/11/14

Last week we looked at the first eight sections of the Virginia Declaration of Rights. This predecessor to the Declaration of Independence and Bill of Rights not only gives us some ideas about what Thomas Jefferson was thinking when he wrote the Declaration, but why George Mason refused to sign the Constitution when the other framers did. Let's finish the job by going through the last eight sections.

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12:08

342 - The Virginia Declaration of Rights (1)

The Constitution Study podcast ·

2022/11/07

Prior to the Declaration of Independence being adopted, Virginia adopted their Declaration of Rights. **A Declaration of Rights** Is made by the representatives of the good people of Virginia, assembled in full and free convention which rights do pertain to them and their posterity, as the basis and foundation of government. George Mason wrote this declaration, but its impact goes far beyond the Commonwealth of Virginia. We can see the influence of this document on Thomas Jefferson in the opening

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23:10

341 - Save Our Children from Medical Experimentation Act

The Constitution Study podcast ·

2022/10/31

In the latest example of government bureaucrats attempting to take over our lives, the CDC has added an experimental treatment to their "Vaccine for Kids" program. This program provides eligible children free vaccines. What makes this decision truly awful is the vote to add these treatments to the children's vaccine schedule. Many schools and other children's programs require children to receive the vaccines on the CDC's schedule in order to attend. All of this under the guise of a medical emergency

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23:05

340 - When is Freedom of Speech Not Freedom of Speech?

The Constitution Study podcast ·

2022/10/24

You may have heard about Texas bill H.B. 20, an attempt by the government of Texas to prevent censorship by social media companies. You might also have heard about the case making its way through the federal judicial system regarding this particular law. The central question we should be asking is, when is freedom of speech not freedom of speech? Put another way, can government, either legislatively or judicially, force private companies to share communication they disagree with?

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22:03

339 - Why Did the Judge Dismiss the Carter Page Lawsuit?

The Constitution Study podcast ·

2022/10/17

"Operation Crossfire Hurricane", or as it is colloquially known "Russia-gate", seem to be the gift that keeps on giving. Six years after its inception and still it keeps making the news. This time it is a lawsuit filed by Carter Page, an information advisor to the Donald Trump campaign. Recently, a District Court judge for the District of Columbia has dismissed Mr. Page's case. The reasons why are both interesting and informative, making it worth taking a closer look at.

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23:33

338 - What is Judicial Review?

The Constitution Study podcast ·

2022/10/10

If you spend any significant time discussing court opinions, you've encountered the concept of "Judicial Review". What is judicial review, where does it come from, and is it used today the way it was originally defined? These are the questions every American should have a basic understanding of if they wish to live free. So that is what we are going to look at in this article.

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35:31

337 - Is It Prideful to Force Others to Comply With...

The Constitution Study podcast ·

2022/10/04

None of us want to be judged by our race, sex, or how we live our lives. But what right do we have to impose our views on others, even to the point of controlling their private property. That is the question in a complaint against Yeshiva University. Does the City of New York have the legal authority to make a private university recognize a student group? Can the state order a religious school to violate its core beliefs to accommodate the wishes of a student? If we wish to live at liberty, doesn't

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25:46

336 - Insuring Religious Freedom

The Constitution Study podcast ·

2022/09/26

"By hook or by crook", that seems to be the sentiment of some who promote abortion in this country. When they could not get their way by federal law, they engaged the federal judiciary. When the judiciary abandoned them, they went back to using state law to get their way. And when state law didn't get them all they wanted, they used regulation to "back door" themselves around the law. Such seems to be the case in California.

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20:09

335 - Why Don't We Celebrate Constitution Day?

The Constitution Study podcast ·

2022/09/16

Most Americans celebrate the Signing of the Declaration of Independence, but very few celebrate the signing of the Constitution of the United States? Why is that? Sure, we celebrate Independence Day with cookouts and fireworks, but there's nothing preventing us from celebrating Constitution Day the same way? Could it be that this union of states, like an old married couple, has become complacent and bored? Come with me while I examine this phenomenon in preparation for my own celebration of

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17:26

334 - Defending Your Right Against Unreasonable Searches

The Constitution Study podcast ·

2022/09/12

When a government agent stands at your door asking to come in, do you know what your rights are? What would you do if that agent tries to enter your house illegally? If that day comes, the difference between liberty and incarceration may well depend on how well you know your rights and how prepared you are to assert and defend them.

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19:16

332 - Understanding Dual Sovereignty Precedent

The Constitution Study podcast ·

2022/08/29

Most of us are aware of Double Jeopardy, the right to not be tried for the same crime twice. But the courts have adopted a "dual sovereign" doctrine to get around this pesky little problem. Two Supreme Court cases out of Oklahoma show the problems with the court making up the rules as they go along, and how this concept of dual sovereignty violate both your rights and the Constitution of the United States.

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17:50

333 - The Role of the Federal Judiciary

The Constitution Study podcast ·

2022/08/26

In Federalist Papers #78, Alexander Hamilton said that the the federal judiciary would be the branch of government least dangerous to our rights. But is that how the courts are working in the 21st century? What makes the courts today so injurious to our rights? We get a clue from current Associate Justice Elena Kagan in a speech she gave at a judicial conference in Montana this July. By comparing her statements to the Constitution and the writings of those who helped frame it, we should not only be

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17:13

331 - Can Congress Create Term Limits for the Supreme...

The Constitution Study podcast ·

2022/08/22

After years of trying to pack the Supreme Court, there's a new attempt to take control of the third branch of government. Rather than placing extra justices on the court, (all of which would be appointed by the current President), they want to set term limits for, and a complicated method of appointing justices. But is any of this constitutional? How will Congress and the courts react to this of power? Will the American people meekly sit back and watch while the Constitution is once again set aside

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19:21

330 - Maine's Tuition Assistance

The Constitution Study podcast ·

2022/08/15

When parents saw what their children were being taught during the COVID-19 school shutdowns, school choice has been a topic of interest lately. If government schools were going to substitute political theory for reading, writing, and arithmetic, parents wanted another choice. Most people cannot afford private schools, and others cannot dedicate the time to home schooling. Since the people pay for these government schools through their taxes, shouldn't they be able to use that money for better

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19:14

329 - Limits on Freedom of Speech

The Constitution Study podcast ·

2022/08/08

Most of us have heard of the case where the Supreme Court placed limits of freedom of speech. However most people don't know the name of the case and frequently misquote it. A recent case out of Kansas once again brings into question the government's ability to criminalize certain types of speech. From the Schneck case in 1919 to the Hernandez-Calvillo case in 2022, when the government tries to make speech it doesn't like criminal, We the People must stand up to the tyranny.

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19:56

328 - Turning a Lemon into Lemonade

The Constitution Study podcast ·

2022/08/01

A high-school coach was denied his freedom of religion and speech based on a a more than 50 year old lemon of a court opinion. In the case Lemon v. Kurtzman, the Supreme Court claimed that your right to freely speak and exercise your religion must yield to the government's "interest" in avoiding violating the establishment clause. But the standard "Lemon" put in place put the government's interest above your rights protected by the Constitution. In this years case Kennedy v. Bremerton School

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22:48

327 - Showdown at the EPA Corral

The Constitution Study podcast ·

2022/07/25

Did you ever imagine a question about air pollution could end up changing the way governments work? That may be exactly what happened with the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. What started as a question of whether or not the EPA's plan to reduce carbon-dioxide emissions from the electric grid was constitutional into a statement about the limits of discretion that executive agencies can exercise.

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34:03

326 - NYSRPA v. Bruen

The Constitution Study podcast ·

2022/07/18

Can a state arbitrarily decide whether or not you get to exercise a right protected by the Constitution of the United States? That is the question in the case New York State Rifle and Pistol Association (NYSRPA) v. Bruen, Superintendent of the New York State Police. New York State is a "may issue" state, meaning that you did not get your carry license even if you met all of the legal requirements, you had to show you had a "good cause" to carry a firearm in public. But self-defense was not

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31:40

325 - Dobbs v. Jackson Women's Health

The Constitution Study podcast ·

2022/07/11

After almost 50 years, a landmark decision of the Supreme Court has been overturned. Will it be remembered with other decisions like Dred Scott or Plessy v. Ferguson? Only time will tell. After all of the furor when a draft of the opinion was leaked, we finally get a chance to review that actual opinion in Dobbs v. Jackson Women's Health in its final form.

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21:13

324 - Redeclaring Independence in 2022

The Constitution Study podcast ·

2022/07/04

Last year, I re-examined the Declaration of Independence in the light of current events. After another year, I believe the evidence is clear, the government in Washington, D.C. has become just as corrupt, despotic, and destructive or your rights as the government of King George III was. This year, I want to look at this new evidence to show you just how fast the American people are rushing toward servitude. I also want to take a closer look how We the People can regain control of our governments,

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