The Constitution Study podcast

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530 - Semiquincentennial 07/04/2026

530 - Semiquincentennial 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 such a turning point in our history. /episode/index/show/constitutionstudy/id/41795595

529 - Are You Smarter Than a Naturalized Citizen? 06/29/2026

529 - Are You Smarter Than a Naturalized Citizen? 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? /episode/index/show/constitutionstudy/id/41710775

528 - Interstate Commerce 06/22/2026

528 - Interstate Commerce 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. /episode/index/show/constitutionstudy/id/41682170

527 - Racial Gerrymandering 06/15/2026

527 - Racial Gerrymandering 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 representation based on race is wrong? That is the question presented to the Supreme Court in the case LOUISIANA v. CALLAIS ET AL. /episode/index/show/constitutionstudy/id/41605855

526 - Use of Lethal Force 06/08/2026

526 - Use of Lethal Force 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. /episode/index/show/constitutionstudy/id/41477090

525 - The Frightful Despotism of Political Parties 06/01/2026

525 - The Frightful Despotism of Political Parties 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? /episode/index/show/constitutionstudy/id/41382500

524 - First Choice v. New Jersey 05/25/2026

524 - First Choice v. New Jersey 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. /episode/index/show/constitutionstudy/id/41218335

523 - Marriage and the Fourteenth Amendment 05/18/2026

523 - Marriage and the Fourteenth Amendment 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. /episode/index/show/constitutionstudy/id/41119510

522 - Free Speech in Colorado 05/11/2026

522 - Free Speech in Colorado 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. /episode/index/show/constitutionstudy/id/40993425

521 - Freedom's Extinction 05/04/2026

521 - Freedom's Extinction 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. /episode/index/show/constitutionstudy/id/40891465

520 - Birthright Citizenship at Oral Arguments 04/27/2026

520 - Birthright Citizenship at Oral Arguments 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. /episode/index/show/constitutionstudy/id/40808065

519 - Defining Election Day 04/20/2026

519 - Defining Election Day 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. /episode/index/show/constitutionstudy/id/40716690

518 - Legalized Theft 04/13/2026

518 - Legalized Theft 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. /episode/index/show/constitutionstudy/id/40653755

517 - Parent's Rights in California 04/06/2026

517 - Parent's Rights in California 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. /episode/index/show/constitutionstudy/id/40545155

516 - Suing the US Postal Service 03/30/2026

516 - Suing the US Postal Service 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. /episode/index/show/constitutionstudy/id/40475395

515 - Ending the Federal Vaccine Shield Law 03/23/2026

515 - Ending the Federal Vaccine Shield Law 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. /episode/index/show/constitutionstudy/id/40424345

514 - Lifetime Gun Bans are Unconstitutional 03/16/2026

514 - Lifetime Gun Bans are Unconstitutional 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. /episode/index/show/constitutionstudy/id/40317560

513 - Trump's Tariffs Go Down at SCOTUS 03/09/2026

513 - Trump's Tariffs Go Down at SCOTUS 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. /episode/index/show/constitutionstudy/id/40265290

512 - Free Speech Reprieve in Hawaii 03/02/2026

512 - Free Speech Reprieve in Hawaii 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. /episode/index/show/constitutionstudy/id/40180900

511 - Private Property vs Gun Control 02/23/2026

511 - Private Property vs Gun Control 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. /episode/index/show/constitutionstudy/id/40092830

510 - When Governments Replace Parents 02/16/2026

510 - When Governments Replace Parents 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 protect. /episode/index/show/constitutionstudy/id/40012550

509 - Congressional Subpoenas 02/09/2026

509 - Congressional Subpoenas 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? /episode/index/show/constitutionstudy/id/39916145

508 - Men in Women's Sports - Oral Arguments 02/02/2026

508 - Men in Women's Sports - Oral Arguments 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? /episode/index/show/constitutionstudy/id/39838130

507 - Constitutional Carry, but... 01/26/2026

507 - Constitutional Carry, but... 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. /episode/index/show/constitutionstudy/id/39735160

506 - Copyright Shakedown 01/19/2026

506 - Copyright Shakedown 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. /episode/index/show/constitutionstudy/id/39678275

505 - Unreasonable Searches 01/12/2026

505 - Unreasonable Searches When a government agency searches without a reason it’s called “fishing”. When the the Attorney General of New Jersey issued a subpoena demanding the names, addresses, and phone numbers of their donors, that wasn’t just fishing, it was searching for a white whale. /episode/index/show/constitutionstudy/id/39663705

504 - Presidential Power to Fire 01/05/2026

504 - Presidential Power to Fire I’ve talked before about the unitary executive. However, a recent case before the Supreme Court brings into question not only whether or not the President has the power to fire employees in the executive branch, but the very structure of the federal government. /episode/index/show/constitutionstudy/id/39596325

503 - Constitutional Concealed Carry Reciprocity 12/29/2025

503 - Constitutional Concealed Carry Reciprocity Concealed carry reciprocity is frequently a hot-button issue both in the Second Amendment community and those who oppose it. Once again Congress is attempting to resolve the issue via legislation, and The National Fraternal Order of Police is opposing it. Let's look at both sides of this story. /episode/index/show/constitutionstudy/id/39478800

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

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