The Constitution Study podcast

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502 - Presidential Tariffs 12/22/2025

502 - Presidential Tariffs Love them or hate them, President Trump’s tariffs have not only been a talking point, but have had an impact on most Americans. The question before SCOTUS in this case is whether or not the President has the power to create these tariffs in the first place. /episode/index/show/constitutionstudy/id/39460660

501 - Medical freedom or government overreach? 12/15/2025

501 - Medical freedom or government overreach? In response to the COVID-19 vaccine mandates, several states passed legislation to put a halt to such practices. For example Idaho recently passed the Medical Freedom Act. The question is, does this legislation protect medical freedom or is it just another example of government overreach. /episode/index/show/constitutionstudy/id/39387735

500 - Free Speech or Free Beer 12/08/2025

500 - Free Speech or Free Beer When I hear people talk about freedom, there seem to be two different general ideas, freedom from something and freedom to do something. It reminds me of my days in Information Technology, when people described "free" open source software as "Free speech, not free beer!" When we talk about freedom today, are we talking about free speech or free beer? /episode/index/show/constitutionstudy/id/39278720

499 - Warrantless Searches 12/01/2025

499 - Warrantless Searches /episode/index/show/constitutionstudy/id/39193060

498 - Colorado Conversion Therapy Oral Arguments 11/24/2025

498 - Colorado Conversion Therapy Oral Arguments /episode/index/show/constitutionstudy/id/39135610

497 - Decision on Mexico's Gun Suit 11/17/2025

497 - Decision on Mexico's Gun Suit Back in June I wrote about the oral arguments in Mexico's law suit against American gun manufacturers and distributors. While the court overall came to the expected decision, I think it's still worth some time digging into the logic and reasoning of the justices. /episode/index/show/constitutionstudy/id/39039385

496 - Third-Party Laws 11/10/2025

496 - Third-Party Laws Most of us believe that our state legislatures are making our laws. But what if that is only partially true? What if a third-party was making the laws for your state? Would you be OK with that? Would you be concerned to find out that two private entities are making the laws your state uses regarding commerce? /episode/index/show/constitutionstudy/id/38955265

495 - The Unitary Executive 11/03/2025

495 - The Unitary Executive There has been a lot of questions lately about the powers of the President. Can a President fire a member of an independent agency? Does the President have to spend money appropriated by Congress? Is it legal for the President to send the National Guard to our cities. Most of these questions can be answered by understanding a single constitutional point, the unitary executive. /episode/index/show/constitutionstudy/id/38870190

494 - Flag Burning 10/06/2025

494 - Flag Burning When it comes to freedom of speech, there are two things that generate a fair amount of controversy. First is yelling “Fire” in a crowded theater and second is burning the United States flag. Recently, Donald Trump issued an Executive Order about flag burning. So let's take a look at the order and some of the history around flag burning. /episode/index/show/constitutionstudy/id/38373655

493 - Police Use of Force 09/29/2025

493 - Police Use of Force Like any other profession, there are good law enforcement officers, and bad law enforcement officers. While I believe that most LEOs are good men and women, doing a difficult and dangerous job, often with little respect because of the actions of bad LEOs. For years, courts have been protecting these bad officers through their rules and doctrines. A recent Supreme Court case finds that one of those rules violates the Constitution of the United States. /episode/index/show/constitutionstudy/id/38259720

492 - Federal Police Powers 09/22/2025

492 - Federal Police Powers Donald Trump's recent executive order declaring a crime emergency in Washington, D.C. has created quite an uproar, both for and against it. While there have been many claims on both sides, what I haven't seen, except for my radio program, is a real constitutional analysis of his actions. With his recent announcement post about sending National Guard troops to Chicago, I think it's time we do that type of analysis. /episode/index/show/constitutionstudy/id/38185485

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

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