The Constitution Study podcast

Join a group of Everyday Americans as we learn to read and study the Constitution, and teach the rising generation to live free.

480 - Ames v. Ohio Department of Youth Services 06/30/2025

480 - Ames v. Ohio Department of Youth Services 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. /episode/index/show/constitutionstudy/id/37082315

479 - When the FBI Knocks 06/23/2025

479 - When the FBI Knocks 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. /episode/index/show/constitutionstudy/id/36975135

478 - Owning Your Own Land 06/16/2025

478 - Owning Your Own Land 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. /episode/index/show/constitutionstudy/id/36902980

477 - Universal Injunctions 06/09/2025

477 - Universal Injunctions 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. /episode/index/show/constitutionstudy/id/36836785

476 - Mexico vs U.S. Gun Manufacturers 06/02/2025

476 - Mexico vs U.S. Gun Manufacturers 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. /episode/index/show/constitutionstudy/id/36660235

475 - Memorial Day 05/26/2025

475 - Memorial Day 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 quoting the Declaration of Independence for a holiday other than Independence Day? Because, one of our nation’s most important holidays is often treated as nothing more than the beginning of summer. That does a disservice to all who have sacrificed so much for the government to secure our rights. /episode/index/show/constitutionstudy/id/36554310

474 - Understanding REAL ID 05/19/2025

474 - Understanding REAL ID 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? /episode/index/show/constitutionstudy/id/36501340

473 - To Allow Opt Outs, or Not to Allow Opt Outs, That is the Question 05/12/2025

473 - To Allow Opt Outs, or Not to Allow Opt Outs, That is the Question 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? /episode/index/show/constitutionstudy/id/36474020

472 - Are You Religious Enough? 05/05/2025

472 - Are You Religious Enough? 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 violated the First Amendment. /episode/index/show/constitutionstudy/id/36393270

471 - Beginning of the End for the Johnson Amendment 04/28/2025

471 - Beginning of the End for the Johnson Amendment 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. /episode/index/show/constitutionstudy/id/36197325

470 - Automatic License Plate Readers 04/21/2025

470 - Automatic License Plate Readers 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. Illinois State Police the privacy question revolves around automatic license place readers (ALPRs) and what makes a search reasonable. /episode/index/show/constitutionstudy/id/36057720

469 - The Latest SCOTUS Gun Rights Infringement 04/14/2025

469 - The Latest SCOTUS Gun Rights Infringement I don’t know which of the three branches of government does the most to infringe on your rights. Take, for example, the recent Supreme Court decision in the case Bondi v. Vanderstok, where Mr. Vanderstok challenged the recent regulation from the Bureau of Alcohol, Tobacco, Firearms, and Explosives redefining weapons parts kits as firearms. It seems the Supreme Court has a hard time reading either the law or the Constitution. /episode/index/show/constitutionstudy/id/35965335

468 - Whose Safety Matters More 04/07/2025

468 - Whose Safety Matters More Imagine you are stopped by law enforcement. Maybe you were doing something wrong, maybe not. At this point, when you are in the custody of law enforcement, whose safety matters more, yours or the officers? In the 2017 Fourth Circuit case United States v. Robinson, while not specifically put this way, the question came up, does officer safety trump your right against unreasonable search and seizure, even your own safety? /episode/index/show/constitutionstudy/id/35873245

467 - Duty to Violate your Rights 03/31/2025

467 - Duty to Violate your Rights As a lifelong gun owner, I understand the awesome responsibility of owning a weapon. After getting my concealed carry license many years ago, I came to understand the greater responsibility of having a deadly weapon on my person. But as a constitutional scholar, I’ve come to realize just how badly states are infringing on our rights, simply because we decide to exercise one of them. Today, I want to talk about “duty to inform” laws. After all, if the presence of a firearm is a threat to officer safety, than the officer’s firearm is a threat to my safety. /episode/index/show/constitutionstudy/id/35780065

466 - Heterosexual Discrimination 03/24/2025

466 - Heterosexual Discrimination Ibriam Kendi is often quoted as saying “The only remedy to past discrimination is present discrimination.” But is that true? Above the main entrance to the Supreme Court is a promise chiseled into the marble façade, “equal justice under law”. How can we have equal justice under law if one side is always discriminating against another? Enter the case of Ames v. OH Dept. of Youth Services, where Marlean Ames claims she was discriminated in her job because of her sexual orientation. What makes this case uniques is, Ms. Ames is heterosexual, and the Sixth Circuit claimed that ment she had a higher burden of proof than a homosexual. /episode/index/show/constitutionstudy/id/35677410

465 - Free speech vs abortion 03/17/2025

465 - Free speech vs abortion Free speech jurisprudence has rested on shaky ground for decades in this country. Looking back at cases like Hill v. Colorado, Austin v. Reagan National Advertising of Austin, and Dobbs v. Jackson Women's Health has left a confusing and contradictory morass of precedence, most if not all of it contradicting the Constitution of the United States. With the recent case Coalition Life v. City of Carbondale, Illinois, the court had the opportunity to set the record straight once and for all. Instead, the court whiffed, and declined to even head the case. /episode/index/show/constitutionstudy/id/35580550

464 - Permitting for Profit 03/10/2025

464 - Permitting for Profit In poker there’s a move called “Buying the pot”. This is when one person makes a very large bet in an attempt to discourage others from continuing the hand. But what if we’re not talking poker? What if we’re talking permit fees for the use of your own land? That is exactly what George Sheetz sued the County of El Dorado California for. /episode/index/show/constitutionstudy/id/35444690

463 - Equal Protect of Self Defense 03/03/2025

463 - Equal Protect of Self Defense /episode/index/show/constitutionstudy/id/35370290

462 - Age limit on Constitutionally Protected Rights 02/24/2025

462 - Age limit on Constitutionally Protected Rights There are certain things in life with a minimum age limit like driving, drinking alcohol, and even voting, but is there a minimum age limit for your constitutionally protected rights? That was the question Caleb Reese and others wanted asked, when they filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives regarding 18 USC §§922(b)(1) and (c)(1), which prohibit the selling of handguns to 18-20 year old adults. /episode/index/show/constitutionstudy/id/35297070

461 - What Makes a Search Reasonable 02/17/2025

461 - What Makes a Search Reasonable I doubt it would surprise you that I watch a fair amount of videos that involve interactions with the police. One question that comes up is when is an officers attempt to search of detain someone reasonable? One of the cases attorneys frequent refer to is Pennsylvania v. Mimms. So I decided it was worth some time reviewing that case. /episode/index/show/constitutionstudy/id/35164985

460 - Birthright Citizenship vs the Constitution 02/10/2025

460 - Birthright Citizenship vs the Constitution One of the executive orders Donald Trump signed on his first day in office ordered federal departments and agencies to not issue any citizenship documents to anyone born in the United States to a mother who was either illegally or temporarily in the United States unless the father was a citizen. It should surprise no one that this order stirred up controversy. Of the several lawsuits that have been filed I have found one thing in common, an inability to read the law. /episode/index/show/constitutionstudy/id/35074830

459 - Paying for Police Damage 02/03/2025

459 - Paying for Police Damage When the government, in the form of the police, damage your property, who pays for it? In the case of VIcki Baker v. City of McKinney, TX the police had to damage her property to apprehend a fleeing felon. However, when the city refused to pay for the damages, Ms. Baker sued. The District Court found for her, but the Circuit Court overturned. When she asked the Supreme Court to review, they declined certiorari. Two justices expressed concern about the prospect of the government damaging homes without paying compensation. /episode/index/show/constitutionstudy/id/35052870

458 - Librarians vs The People's Representatives 01/27/2025

458 - Librarians vs The People's Representatives Who decides what is appropriate for public libraries? That is at the heart of the case Fayetteville Public Library et. al. v. Crawford County, Arkansas et. al. The representatives of the people of Arkansas passed a law, Arkansas Act 372, which both established a crime of furnishing a harmful item to a minor and established guidelines for selection, relocation, and retention of such materials. A group of libraries, librarians, and related organizations sue Arkansas 28 prosecuting attorneys in the federal District Court for the Western District of Arkansas. The District Court issued a preliminary injunction, preventing the law from going into effect. Or does it? /episode/index/show/constitutionstudy/id/34985045

457 - Medical Censorship 01/20/2025

457 - Medical Censorship There were plenty of infringement on people’s rights during the COVID scamdemic, and censorship was rampant. Not only did we have members of our own government colluding to censor information they didn’t like, but we’ve had professional associations joining in. Worst of all, the so-called medical professionals seemed to be at the forefront, violating the central tenant of the hippocratic oath, “First, do no harm”. /episode/index/show/constitutionstudy/id/34795495

456 - What's Wrong with the Crucial Communism Teaching Act 01/13/2025

456 - What's Wrong with the Crucial Communism Teaching Act There are a lot of things I'd like to see done better in this country. On that list, education is right up near the top. But is it right to break the law to improve education? That's the question I asked myself when I read the text of H.R. 5349, The "Crucial Communism Teaching Act’’. You see, while teaching the truth about communism's history is important, should this bill pass Congress and be signed, it cannot be the supreme law of the land, because it was not made pursuant to the Constitution of the United States. /episode/index/show/constitutionstudy/id/34713685

455 - United States v. Skrmetti - Oral Arguments 01/06/2025

455 - United States v. Skrmetti - Oral Arguments /episode/index/show/constitutionstudy/id/34588960

454 - New Year 12/30/2024

454 - New Year For many, New Year's Eve is a time for drinking and partying, which frequently makes New Year's Day a time for dealing with a hang over. For others, New Years is a time for making resolutions, promises to ourselves to be better. I rarely drink, so hang overs are not a problem for me. I also do not make New Year's resolutions, not because I don't think there are ways I can be better, but because I don't wait until the New Year to act on them. That said, a new year is a good time to look at where we are and make plans for the future. /episode/index/show/constitutionstudy/id/34439960

453 - Merry Christmas 12/23/2024

453 - Merry Christmas There are many things most Americans will take for granted this Christmas Holiday. For example, even that fact that it is a holiday is something most of us don’t even think about. Let’s take a look at this federal holiday in America. /episode/index/show/constitutionstudy/id/34321160

452 - Criminal Census 12/16/2024

452 - Criminal Census /episode/index/show/constitutionstudy/id/34208845

451 - Federal Tort Claims Procedure 12/09/2024

451 - Federal Tort Claims Procedure One of the reasons I like answering questions is they prompt me to look at things I hadn't thought about before. Take for example the recent request I had to review the Federal Tort Claims Procedure. While I review lawsuits regularly here, I'd never taken the time to look at this particular legislation. /episode/index/show/constitutionstudy/id/34099781

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