The Constitution Study podcast

When it comes to freedom of speech, there are two things that generate a fair amount of controversy. First is yelling "Fire" in a crowded theater and second is burning the United States flag. Recently, Donald Trump issued an Executive Order about flag burning. So let's take a look at the order and some of the history around flag burning.

Like any other profession, there are good law enforcement officers, and bad law enforcement officers. While I believe that most LEOs are good men and women, doing a difficult and dangerous job, often with little respect because of the actions of bad LEOs. For years, courts have been protecting these bad officers through their rules and doctrines. A recent Supreme Court case finds that one of those...

Donald Trump's recent executive order declaring a crime emergency in Washington, D.C. has created quite an uproar, both for and against it. While there have been many claims on both sides, what I haven't seen, except for my radio program, is a real constitutional analysis of his actions. With his recent announcement post about sending National Guard troops to Chicago, I think it's time we do that...

Benjamin Franklin wrote "They who would give up an essential liberty for temporary security, deserve neither liberty or security." What does it say about the American people who seem willing to give up their right to control their government in exchange for Internet access?

As a society, we've decided that certain things like alcohol, tobacco, and pornography are not safe for minors. When I buy wine at the grocery store, I have to show my ID to verify my age. Take a look at my picture on the website and you'll see I'm well over the age where I can purchase alcohol, but I'm still asked to verify my age. That's because my rights end when it infringes on the rights of a...

Congress created Medicaid in 1965 to subsidize state healthcare system for people unable to afford healthcare. South Carolina has a law the prohibits public funds being used for abortion. For this reason, South Carolina disqualified Planned Parenthood from participating in the state's Medicaid system. It should be no surprise that Planned Parenthood South Atlantic sued. The Supreme Court's decisio...

Back in March, the Supreme Court argued the case Catholic Charities Bureau, Inc., et al. v. Wisconsin Labor And Industry Review Commission et al. I reviewed those arguments in my article Are You Religious Enough? In June, the court released its decision, and thankfully, the court came to what I believe is the correct decision. That's not to say they came to the conclusion for the right reasons.

Which came first, the states or the federal government? A better question should be who created whom? Did the federal government create the states? No, the states created the federal government when they ratified the Constitution. So if the states are the "parents" of the federal government, why are they not sovereign over it? One state legislature tried to pass legislation to reassert their posit...

SCOTUS, supreme court, HHS, health insurance, obama care, health and human services, HHS, There is a quote pretty much sums up a recent Supreme Court decision regarding your healthcare. Oh what a tangled web we weave When first we practice to deceive -- Sir Walter Scott In the case Kennedy v Braidwood Management, inc. we see the tangled web the United States has woven when it practiced to deceive...

Earlier this year I wrote about the oral arguments before the Supreme Court in the case Mahmoud V. Taylor. The case had to do with a parent's right to opt their children out of content in public school they found objectionable, and the Supreme Court was asked if the plaintiffs were entitled to a preliminary injunction preventing the school from teaching their children objectionable content until t...

All of western culture is at war. The fundamental point of conflict is whether a person's "gender" is determined by biology or psychology, reality or wishes. One of the latest battles in this war is the Supreme Court case _United States v. Skrmetti._In this case Mr. Skrmetti, as Attorney General of the State of Tennessee, is defending the state's law that prohibits the use of so-called "gender-aff...

In the "Rock, Paper, Scissors" of our federal government, who wins? Does a federal court always get what it wants, or are there limitations? While hearing cases on the question of "birthright citizenship", several District Courts claimed the power to rule over the President. I don't remember seeing that in the Constitution. Now, the Supreme Court has weighed in, deciding in the case Trump v. Casa...

There has been a lot of talk about due process lately, but little of it seems to be informed by proof or evidence. Five of the ten amendments in the Bill of Rights are called the "Due Process Amendments". With a little bit of research, we can not only be sure of what due process is, but how the Constitution protects our rights to it.

Next year with be the 250th anniversary of the adoption of the Declaration of Independence. Over the next 365 days I expect to see plenty of opportunities to remember the date. I want to start by remembering the reason why we declared independence in the first place.

When is discrimination not discrimination? While the Sixth Circuit Court of Appeals would have you think that reverse discrimination is not only legal, but OK. However, discrimination is discrimination, even when it's used in an attempt to right some past wrong.

Imagine being awakened from a sound sleep by a group of armed men bashing in your door. Come to find out, it's the FBI. Oh yeah, and they have the wrong house. After the trauma, not to mention the damage to your house, at the very least you can sue for a redress of these grievances, right? That is the question before the Supreme Court in the case Martin v. United States.

If you rent rather than own your home, you may be tempted to skip over this article. I suggest you don't, because the underlying question of ownership leading to control goes far beyond land.

Birthright citizenship has been a very hot topic for the last few years. When Donald Trump signed an executive order that quoted both the Constitution of the United States and federal law, claiming that would be the policy of the United States, that triggered mulitiple lawsuits. Now, three of those suits have been combined into one and oral arguments were heard at the Supreme Court.

Cities and states have been trying to put gun manufacturers out of business for decades with frivolous lawsuits, blaming them for the criminal use of their products. This got to be such a problem that Congress passed the Protection of Lawful Commerce in Arms Act. Now Mexico has joined the fight, blaming Smith & Wesson for their drug cartel problems.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – Declaration of Independence You may be wondering, why am I...

It took more than 20 years, but the REAL ID Act of 2005 is finally being enforced. While several people have talked about the requirements for a REAL ID, and whether or not they even need one, I haven't heard anyone ask one very important question, is it legal?

It took more than 20 years, but the REAL ID Act of 2005 is finally being enforced. While several people have talked about the requirements for a REAL ID, and whether or not they even need one, I haven't heard anyone ask one very important question, is it legal?

The State of Wisconsin exempts religious organizations from their unemployment tax system. Even though everyone agrees that Catholic Charities is controlled by a church, Wisconsin Supreme Court held that Catholic Charities is not "operated primarily for religious purposes", and therefore does not qualify for the exemption. Catholic Charities appealed to the Supreme Court to ask if that decision vi...

How many of you know about the Johnson Amendment? If you've ever donated to a church or other charity, you've been impacted by this amendment. This limitation on freedom of speech has been in effect for over 70 years. And now, the House of Representatives is trying to remedy this infringement.

There will always be tension between our desire for privacy and safety. We're all for privacy, until we find that an invasion of said privacy could have stopped some terrible event. But are we willing to trade our privacy for safety? "They who would give up an essential liberty for temporary security, deserve neither liberty or security." --Benjamin Franklin In the case of SCHOLL and BEDNARZ v. Il...