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.

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

450 - Federalist and Antifederalist #1 12/02/2024

450 - Federalist and Antifederalist #1 I don't believe a serious study of the Constitution can be made without looking at the public debates over the documents. After the Constitutional Convention sent the proposed constitution to the states for ratification, a great debate was had over its pros and cons. Supporters of the document as proposed, Alexander Hamilton, John Jay, and James Madison, published essays in New York State newspapers under the pseudonym Publius. These essays are collectively known as the Federalist Papers. Meanwhile, several authors published articles and essays opposing, or at least cautioning a rush to adopt the proposed Constitution, under many pseudonyms. In this article, we'll look at the first papers from each group. Both Federalist #1 and Antifederalist #1 deal with the same topic, should the states ratify the newly proposed Constitution? /episode/index/show/constitutionstudy/id/33920847

449 - When is a gun a gun? 11/25/2024

449 - When is a gun a gun? /episode/index/show/constitutionstudy/id/33841672

448 - San Francisco v. EPA - Oral Arguments 11/18/2024

448 - San Francisco v. EPA - Oral Arguments How much pollution is too much? We all want clean air and water, but we still want our cars and flush toilets as well. The question in San Francisco v. EPA is how specific does the EPA need to be when it tells cities how much waste they can discharge into our nation’s waterways. From a constitutional standpoint, this case is not about waste water, but whether or not executive agencies have to follow the laws as written. /episode/index/show/constitutionstudy/id/33751502

447 - A Constitution Catechism 11/11/2024

447 - A Constitution Catechism /episode/index/show/constitutionstudy/id/33604002

446 - Importance of Jury Duty 11/04/2024

446 - Importance of Jury Duty Most of us have had the experience of pickup up the mail, only to get that pit in our stomach, maybe utter a small curse or two, and immediately being thinking of ways to get out of it. The piece of mail that has caused these reactions is a jury summons. Almost no one looks forward to jury duty, and the efforts to get out of it are legendary. Which makes me wonder, if We the People put as much effort into understanding jury duty as we did trying to get out of it, would America be a better nation? /episode/index/show/constitutionstudy/id/33491932

445 - Importance of Voting 10/28/2024

445 - Importance of Voting Election day is just one week away. I'm sure many of you, like me, are ready for this election season to be over. For more than a year we've been hammered, badgered, and generally harangued with the idea of how important it is to vote. However, it has been my experience that the reasons given for our participation in the election process was more about getting their candidate election, or more often preventing their opponent from winning, than what actually makes voting so important. So as the day of reckoning for this crazy election cycle approaches, let's take some time and look at the importance of voting without all of the political party rhetoric. /episode/index/show/constitutionstudy/id/33425552

444 - Bootstrapping or Malicious Prosecution 10/21/2024

444 - Bootstrapping or Malicious Prosecution 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 that, but a felony. One little problem, the police had no probable cause for the felony. /episode/index/show/constitutionstudy/id/33334752

443 - Blowing Holes in the Fifth Amendment 10/14/2024

443 - Blowing Holes in the Fifth Amendment 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 violation of your rights. /episode/index/show/constitutionstudy/id/33333867

442 - Interstate Firearm Possession 10/07/2024

442 - Interstate Firearm Possession 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 Commonwealth’s argument. /episode/index/show/constitutionstudy/id/33236797

441 - Constitutionality of OSHA 09/30/2024

441 - Constitutionality of OSHA 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 decided not to year the case, even if Justice Gorsuch would have and Justice Thomas wrote a dissent. /episode/index/show/constitutionstudy/id/33145072

440 - The Myth of the Military Style Assault Weapon 09/23/2024

440 - The Myth of the Military Style Assault Weapon 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 the myths. However, some unorthodox procedures may show the court manipulated the process to get the outcome they desired. /episode/index/show/constitutionstudy/id/32997257

439 - It doesn’t need to be rewritten, it needs to be reread 09/16/2024

439 - It doesn’t need to be rewritten, it needs to be reread There are plenty of attempts to rewrite the Constitution, and few of them involve actually involve amending the document. However, the “problem” with the Constitution is not the language of the document, but the fact those those who need to understand it the most have probably not read or, or simple ignore what it says. /episode/index/show/constitutionstudy/id/32935437

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