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.

491 - Trading our Rights for Internet Access 09/15/2025

491 - Trading our Rights for Internet Access 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? /episode/index/show/constitutionstudy/id/38092095

490 - Access to Porn 09/08/2025

490 - Access to Porn 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 another. However, the Free Speech Coalition thinks an adult’s “right” to access pornography without age verification trumps the safety of minors. That is the basis of the case Free Speech Coalition, Inc., et el. v. Paxton, Attorney General Of Texas, which the Supreme Court decided this past term. /episode/index/show/constitutionstudy/id/37983770

489 - Medicaid v. Planned Parenthood 09/01/2025

489 - Medicaid v. Planned Parenthood 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 decision may surprise you. /episode/index/show/constitutionstudy/id/37915495

488 - Wisconsin Religious Definition 08/25/2025

488 - Wisconsin Religious Definition 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. /episode/index/show/constitutionstudy/id/37786585

487 - State Sovereignty 08/18/2025

487 - State Sovereignty 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 position as sovereign over the federal government. Sadly, that measure did not pass... yet. /episode/index/show/constitutionstudy/id/37720825

486 - A Twisted Case Leads to a Twisted Decision 08/11/2025

486 - A Twisted Case Leads to a Twisted Decision 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 by claiming the power to regulate what is covered by your health insurance. /episode/index/show/constitutionstudy/id/37627685

485 - One Small Win for Parent's Rights 08/04/2025

485 - One Small Win for Parent's Rights 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 the court had decided the case. On June 27, 2025, the court published its decision. /episode/index/show/constitutionstudy/id/37562810

484 - Gender Wars: Battle of Tennessee 07/28/2025

484 - Gender Wars: Battle of Tennessee 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-affirming" care for minors. The answer the court came to will surprise some and infuriate others. /episode/index/show/constitutionstudy/id/37449005

483 - Universal Injunctions Decided 07/21/2025

483 - Universal Injunctions Decided 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 that lower courts are not all powerful after all. /episode/index/show/constitutionstudy/id/37384375

482 - Due Process Amendments 07/14/2025

482 - Due Process Amendments 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. /episode/index/show/constitutionstudy/id/37229890

481 - Independence Day 07/04/2025

481 - Independence Day 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. /episode/index/show/constitutionstudy/id/37167755

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

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