The Constitution Study podcast

How far can law enforcement go when it comes to arresting someone? For example, say police have probable cause to charge you with a misdemeanor, how far can they "bootstrap" that charge to something more serious? That appears to be the question in the case Chiaverini v. City Of Napoleon, Ohio. While dealing with a misdemeanor situation, Mr. Chiaverini was subsequently was charged not only with tha...

Everyone knows we have a right to remain silent, correct? What if I told you that in 2013 the Supreme Court upheld a decision basically stating that is not true. That you only have the right to remain silent if you verbally claim the right in the first place, otherwise, according to SCOTUS, your silence can be used against you. Let's take a look at this case and some of the history behind this vio...

Can Massachusetts prosecute out-of-staters who can legally carry in their home state? That was the question before Massachusetts courts in two cases. Needless to say, when these courts agreed with the plaintiffs, the Commonwealth disagreed, appealing the cases the the Massachusetts Supreme Judicial Court. While we wait for the court to decide the case, let's look at the originating cases and the C...

Was the Occupational Safety and Health Administration properly created? Was the grant of authority Congress gave the agency constitutional and valid, or did Congress create an overpowered agency, to micromanage businesses throughout the United States. That is the question in the case Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et.al. Sadly, the Supreme Court de...

There are plenty of myths that revolve around the Second Amendment. It's only meant for the militia, or for hunting, or some weapons are just too dangerous are just of few. When we read the Constitution, along with just a tiny bit of research into the Bill of Rights, these myths should evaporate like the morning mist. However, in the case Bianchi v. Brown, it appears the Fourth Circuit believes th...

Encountering law enforcement can be a nerve wracking situation, even if you've done nothing wrong. Imagine you've pulled over to safely deal with something in your vehicle, then have a police officer pull up behind you. Nothing to worry about, right? Then imagine, after providing your drivers license, you're pulled out of your car, searched, handcuffed, and "stuffed" into the back of the police cr...

There's an adage in the legal profession, "hard cases make bad law". It can also be said that bad cases make bad law, and the case of United States v. Rahimi is one of those bad cases. The question is legitimate. Does 18 U. S. C. §922(g)(8), which prohibits a person under domestic violence restraining order from possessing a firearm or ammunition, violate the Second Amendment. However, for those o...

There are certain lies told about the Constitution that repeatedly grind into me like salt in an open wound. One of those is the repeated statement that "The Fourteenth Amendment incorporates the Bill of Rights, including the First Amendment, to the states." By which, the speaker usually means that, before the Fourteenth Amendment, none of the ten amendment in the Bill of Rights could be applied t...

The First Amendment protects our right to petition the federal government for a redress of grievance. But what happens when said federal government tells you that you don't have the right to petition? Because that's exactly what happened when the Supreme Court decided the case Murthy v. Missouri.

After the January 6th riots the U.S. Department of Justice began charging anyone they thought participated, but not just for the crimes they committed. According to the DOJ, anyone who showed up at the Capitol had corruptly obstructed or impeded an official proceeding, punishable by a fine and imprisonment for up to 20 years. Many claimed that the DOJ was overcharging these J6ers, misusing the law...

Seeking redress of our grievances is an important right, protected by the First Amendment. Can the federal government deprive you of due process as a condition of seeking redress? While not talked about in that way, that's pretty much what the case SEC v. Jarkesy is all about. After assessing George Jarksey J. civil penalties for violations of antifraud provisions, the SEC attempted to deny him of...

There are certain legal terms and cases that most people don't know about, at least until their used to bite someone in the backside. One of those terms is Chevron Deference, or Chevron Doctrine. It comes from a 1984 case where the Supreme Court came up with the great idea that, when Congress isn't specific, the bureaucrats get to decide. While the court may have overruled Chevron, Looper may not...

When the delegates to the Constitutional Convention debated the role of the chief executive, many expected George Washington to become our first king. Between Mr. Washington's humility, and the delegates recent experience with a king, they decided we'd be better off with a President rather than a king. With the recent case of Trump v. United States, many have asked, have we turned the office of Pr...