The Constitution Study podcast

Today, July 4th 2026, is the semiquincentennial, the 250th anniversary of the Declaration of Independence. Two hundred and fifty years is certainly an anniversary worth celebrating. Sadly, in our exuberance to celebrate, many have also shown their ignorance both of the document and our history. Today, in honor of the semiquincentennial, I want to look at both the history and the document that was...

Most of us probably remember the TV Game Show "Are You Smarter Than a Fifth Grader", where contestants attempted to answer fifth grade questions for prizes. The answers given were often hilarious. What if they weren't fifth grade questions, but civics questions? Would that answer the American people give still be funny?

The Constitution delegates to Congress the power to regulate commerce "among the several States". What makes commerce not just commerce interstate? That's part of the question the Supreme Court was asked to answer in the case Flowers v. Brock.

Racism is wrong. At least that's what I've been told my entire life. But if racism is wrong, why do so many people demand we make decisions based on race? Is an election fair if the people are vote are racially chosen? If it was wrong for people to be denied the representation because of their race, why is it OK for them to deny representation to others for the same reason? Is choosing representat...

When is the use of lethal force legal in the United State? In every state of the union, lethal force can be used to protect an innocent part from an imminent threat of death or serious bodily injury. But is that the only time? A recently signed bill in Tennessee defines other situations where deadly force can lawfully be used within the state.

George Washington warned us that political parties bring their own frightful despotism. From gerrymandering to primaries, We the People have allowed political parties to not only rule our elections, but to poison our interactions with their venom and hatred. Will we continue to let these private organizations drag the United States into the ash heap of history?

Contrary to what the Supreme Court believed in both the Roe and Dobbs decision, the question of abortion has not been settled in the United States. The case of First Choice v. New Jersey shows just how far some states will go to oppose the pro-life movement.

In 2015 the Supreme Court decided in the case Obergefell v. Hodges, that the Fourteenth Amendment protected the right for homosexuals to get marriage. In 2026 the State of Tennessee is working on legislation that points out that private groups are organizations are not bound by the Fourteenth Amendment, and therefore by Obergefell.

In the recent case Chiles v. Salazar, the Supreme Court was asked if Colorado's "Conversion Therapy" law violated the Ms. Chiles right to free speech. As is so often the case, the court agreed that the law violated Ms. Chiles free speech rights, just for the wrong reasons.

Ronald Reagan once said that "Freedom is never more than one generation away from extinction." Is this the generation when that finally happens? You may think I'm being hyperbolic, but I think the evidence supports the possibility that this is true.

Does anyone who is born on our land automatically receive citizenship? Not according to the Fourteenth Amendment, but that hasn't stopped the courts from messing this up. Which is exactly what I expect from the Supreme Court in the case Trump v. Barbara.

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.