The Constitution Study podcast

Congress gets to set Election Day, at least for federal offices. But is Election Day defined as the day the votes are cast, or the day they are counted? That is the question in the case Watson v. RNC.

You've probably heard of the Takings Clause of the Fifth Amendment. But does the Constitution allow a county to take and sell someones land to make a profit? That is the main question in the case Pung v Isabella County.

California has been violating parent's rights for years. While a recent Supreme Court case has been hailed as a win for the good guys, it is just a small step restoring the role of parents in the lives of their children.

Lebene Konan sued the Euless, Texas post office for what she claimed were there intentional failure to deliver mail to rental property she owned. The Supreme Court just said she didn't have the right to sue.

In 1988, Congress passed the National Vaccine Injury Compensation Program. The logic behind this law was the belief that vaccines were so important to public health that holding vaccine manufacturers accountable for any injuries caused by the products was not possible. To end this unconstitutional law, Rand Paul has introduced Senate Bill 3853, the End the Vaccine Carveout Act.

For decades, otherwise lawful gun owners have been denied their rights under the Second Amendment due to a federal law. The Fifth Circuit Court of Appeals just decided a case claiming that law unconstitutional as applied to a Mr. Hembree.

After only approximately three and a half months, the Supreme Court issued their opinion in the Trump Tariff case. The speed, and the fact that opinion was released so early in the court's term, should indicate both how urgent the case was, and how impactful.

The Hawaiian legislature passed Act 191 in an attempt to prohibit "materially deceptive media" that would harm the "reputation or electoral prospects of a candidate in an election". This seems like an infringement on free speech. Thankfully the District Court for the District of Hawaii agreed.

How far can a state go to regulate the right to bear arms? Can a state override a person's property rights? Can Hawaii proactively prohibit lawful gun owners from carrying on private property without owners prior consent? That is the question in the Supreme Court case Wolford v. Lopez.

We've all heard of the Nanny State, when government stops representing the people and tries to parent them. While there have been many attempts over the years for states to take over the parenting role of children, all with good intentions of course. However they never seem to learn that when the state tries to act as the parent, they not only fail, but often abuse the very children they claim to...

In a recent press release, the House Oversight Committee voted to advance two resolutions to hold "President Bill Clinton and former Secretary of State Hillary Clinton in contempt of Congress for refusing to comply with duly issued subpoenas." The question is, were those subpoenas lawful?

Two cases came before the Supreme Court for oral arguments asking the same basic question. Can states prohibit men from participating in women's sports?

More than half of the states in the union allow constitutional carry, the right to carry a firearm without a permit or license. While Tennessee claims to have constitutional carry, their constitution places a but in that. A recent case in Tennessee Chancery Court asks whether two laws restricting someone's ability to bear arms is constitutional or not.

Copyrights and patents are important protections for inventors, authors, and all sorts of creators. In the case Cox Communications v. Sony Music Entertainment, I'm reminded of the response Willie Sutton gave when asked why he robbed banks. "Because that's where the money is." Because this case seems more like a copyright shakedown than the protection of copyrights.

When a government agency searches without a reason it's called "fishing". When the the Attorney General of New Jersey issued a subpoena demanding the names, addresses, and phone numbers of their donors, that wasn't just fishing, it was searching for a white whale.

I've talked before about the unitary executive. However, a recent case before the Supreme Court brings into question not only whether or not the President has the power to fire employees in the executive branch, but the very structure of the federal government.

Concealed carry reciprocity is frequently a hot-button issue both in the Second Amendment community and those who oppose it. Once again Congress is attempting to resolve the issue via legislation, and The National Fraternal Order of Police is opposing it. Let's look at both sides of this story.

Love them or hate them, President Trump's tariffs have not only been a talking point, but have had an impact on most Americans. The question before SCOTUS in this case is whether or not the President has the power to create these tariffs in the first place.

In response to the COVID-19 vaccine mandates, several states passed legislation to put a halt to such practices. For example Idaho recently passed the Medical Freedom Act. The question is, does this legislation protect medical freedom or is it just another example of government overreach.

When I hear people talk about freedom, there seem to be two different general ideas, freedom from something and freedom to do something. It reminds me of my days in Information Technology, when people described "free" open source software as "Free speech, not free beer!" When we talk about freedom today, are we talking about free speech or free beer?

Back in June I wrote about the oral arguments in Mexico's law suit against American gun manufacturers and distributors. While the court overall came to the expected decision, I think it's still worth some time digging into the logic and reasoning of the justices.

Most of us believe that our state legislatures are making our laws. But what if that is only partially true? What if a third-party was making the laws for your state? Would you be OK with that? Would you be concerned to find out that two private entities are making the laws your state uses regarding commerce?

There has been a lot of questions lately about the powers of the President. Can a President fire a member of an independent agency? Does the President have to spend money appropriated by Congress? Is it legal for the President to send the National Guard to our cities. Most of these questions can be answered by understanding a single constitutional point, the unitary executive.