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.

330 - Maine's Tuition Assistance 08/15/2022

330 - Maine's Tuition Assistance When parents saw what their children were being taught during the COVID-19 school shutdowns, school choice has been a topic of interest lately. If government schools were going to substitute political theory for reading, writing, and arithmetic, parents wanted another choice. Most people cannot afford private schools, and others cannot dedicate the time to home schooling. Since the people pay for these government schools through their taxes, shouldn't they be able to use that money for better options? /episode/index/show/constitutionstudy/id/24002961

329 - Limits on Freedom of Speech 08/08/2022

329 - Limits on Freedom of Speech Most of us have heard of the case where the Supreme Court placed limits of freedom of speech. However most people don't know the name of the case and frequently misquote it. A recent case out of Kansas once again brings into question the government's ability to criminalize certain types of speech. From the Schneck case in 1919 to the Hernandez-Calvillo case in 2022, when the government tries to make speech it doesn't like criminal, We the People must stand up to the tyranny. /episode/index/show/constitutionstudy/id/23903604

328 - Turning a Lemon into Lemonade 08/01/2022

328 - Turning a Lemon into Lemonade A high-school coach was denied his freedom of religion and speech based on a a more than 50 year old lemon of a court opinion. In the case Lemon v. Kurtzman, the Supreme Court claimed that your right to freely speak and exercise your religion must yield to the government's "interest" in avoiding violating the establishment clause. But the standard "Lemon" put in place put the government's interest above your rights protected by the Constitution. In this years case Kennedy v. Bremerton School District, the court took this Lemon and turned it into lemonade. /episode/index/show/constitutionstudy/id/23831849

327 - Showdown at the EPA Corral 07/25/2022

327 - Showdown at the EPA Corral Did you ever imagine a question about air pollution could end up changing the way governments work? That may be exactly what happened with the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. What started as a question of whether or not the EPA's plan to reduce carbon-dioxide emissions from the electric grid was constitutional into a statement about the limits of discretion that executive agencies can exercise. /episode/index/show/constitutionstudy/id/23745995

326 - NYSRPA v. Bruen 07/18/2022

326 - NYSRPA v. Bruen Can a state arbitrarily decide whether or not you get to exercise a right protected by the Constitution of the United States? That is the question in the case New York State Rifle and Pistol Association (NYSRPA) v. Bruen, Superintendent of the New York State Police. New York State is a "may issue" state, meaning that you did not get your carry license even if you met all of the legal requirements, you had to show you had a "good cause" to carry a firearm in public. But self-defense was not considered "good cause" by the New York courts. You had to show you had a special need for self-defense, greater than the general public. Does that sound like infringement on your right to keep and bear arms to you? /episode/index/show/constitutionstudy/id/23694245

325 - Dobbs v. Jackson Women's Health 07/11/2022

325 - Dobbs v. Jackson Women's Health After almost 50 years, a landmark decision of the Supreme Court has been overturned. Will it be remembered with other decisions like Dred Scott or Plessy v. Ferguson? Only time will tell. After all of the furor when a draft of the opinion was leaked, we finally get a chance to review that actual opinion in Dobbs v. Jackson Women's Health in its final form. /episode/index/show/constitutionstudy/id/23651819

324 - Redeclaring Independence in 2022 07/04/2022

324 - Redeclaring Independence in 2022 Last year, I re-examined the Declaration of Independence in the light of current events. After another year, I believe the evidence is clear, the government in Washington, D.C. has become just as corrupt, despotic, and destructive or your rights as the government of King George III was. This year, I want to look at this new evidence to show you just how fast the American people are rushing toward servitude. I also want to take a closer look how We the People can regain control of our governments, restore our freedom, liberty, and rights, and once again show that tyrants are unfit to govern a free people. /episode/index/show/constitutionstudy/id/23530847

323 - Reining in Washington, D.C. 06/27/2022

323 - Reining in Washington, D.C. Regardless of the problem du jour, I'm frequently asked what We the People can do. Everyone seems to think all the answers are in Washington, D.C. But a look at the Constitution and some Supreme Court opinions will show that the answer to an out of control federal government is a lot closer to home. /episode/index/show/constitutionstudy/id/23499041

322 - Money, Speech, and Federal Overreach 06/20/2022

322 - Money, Speech, and Federal Overreach Have you ever considered how money relates to speech? The federal government has. One of the issues with federal election law is the limitation on the use of money for a candidate to get their message out. What does the case FEC v Cruz have to do with free speech? More important, what does it show about the corruption of elections in America? /episode/index/show/constitutionstudy/id/23459330

320 - Scott & Korematsu - Two Cases That Show the Corruption of the Court 06/06/2022

320 - Scott & Korematsu - Two Cases That Show the Corruption of the Court There are certain Supreme Court cases that are infamous, either for their import or their error. Miranda, Roe v. Wade, and Obergefell are just a few. Two of these cases are known simply as Dred Scot and Korematsu. These cases are not only examples of when the courts get things wrong, but of our nature to treat others as less than human. /episode/index/show/constitutionstudy/id/23235728

319 - At What Age do you Have Rights? 05/30/2022

319 - At What Age do you Have Rights? As children, we receive protection of our rights through our parents. But have you ever considered at what age you receive protections for your rights directly? Is it the same for all rights, or are there different ages when you receive protections for different rights? The case Jones v. Bonta asked the question, when do you receive protections for your right to keep and bear arms. The answer out of the Ninth Circuit Court of Appeals may surprise you. /episode/index/show/constitutionstudy/id/23170349

318 - Flags Over Boston 05/23/2022

318 - Flags Over Boston When is flying a flag government speech? That was the question before the Supreme Court in the case of Shurtleff, et al. V. City Of Boston et al. Could the City of Boston refuse to fly a Christian flag? Was the city required to do so? Or did Harold Shurtleff have the right to fly the flag of his choice on public property? What does this mean for other Freedom of Speech cases around the country? /episode/index/show/constitutionstudy/id/23100173

317 - Habeas Corpus 05/16/2022

317 - Habeas Corpus Finally! The first of those incarcerated for participating in the January 6th demonstration has petitioned for a writ of habeas corpus. What does this mean? What are the constitutional issues? And why should this important to the American people? /episode/index/show/constitutionstudy/id/23002895

316 - The Mask Mandate That Was NOT Found Unconstitutional 05/09/2022

316 - The Mask Mandate That Was NOT Found Unconstitutional You've probably heard about the "ruling" from a U.S. District Court Judge in Florida that "struck down" the CDC's mask mandate on public transportation. There has been plenty of discussion about what this means, how people have reacted, and the fact that the Biden administration is appealing this decision. What has been lost in most of the conversation is that the judge did not find the rule unconstitutional. What does this fact mean for the American people? /episode/index/show/constitutionstudy/id/22953323

315 - Prosecuting Malicious Prosecution 05/02/2022

315 - Prosecuting Malicious Prosecution What can you do when government abuses their powers? I've talked before about the right to petition the government for a redress of grievance and how the judicial precedent of sovereign immunity violates that right. But what happens when law enforcement or the justice department abuses their prosecutorial powers? How do you seek redress for a malicious prosecution? For years it has been extremely hard to do so, but a recent Supreme Court opinion may balance the scales. /episode/index/show/constitutionstudy/id/22882718

314 - Redress of Grievances 04/25/2022

314 - Redress of Grievances The First Amendment prohibits Congress from passing laws that abridge your right to petition the government for a redress of grievance. Yet not only has Congress ignore that restriction on their actions, but the federal courts have piled on. Today, I will look at what the right to petition means, how that has been violated, and what the American people can do about it. /episode/index/show/constitutionstudy/id/22804499

313 - We Need to Focus on State and Local Governments 04/18/2022

313 - We Need to Focus on State and Local Governments Misdirection is the stock and trade of both magicians and politicians. Over the years, the American people have been conditioned to focus on Washington, D.C. as both the source of our problems and their solution. In doing so, we are allowing those in our state and local government to steal our rights and our liberties right out from under our noses. /episode/index/show/constitutionstudy/id/22705712

312 - Freedom of Religion Under Attack in Washington State 04/11/2022

312 - Freedom of Religion Under Attack in Washington State Imagine your rights are under attack. You seek assistance from those who have sworn to protect you, only to be attacked again. You reach out to what you think is your last hope, only to be rebuffed. Now consider how that must feel, to be abandoned by those who have sworn to protect you. Enter Seattle's Union Gospel Mission. Their freedom of religion is under attack, not by the laws of the State of Washington, but by a disgruntled job applicant. The Supreme Court of Washington placed their political preferences above their oath to support Constitution of the State of Washington. Then when the Missions seeks redress from the Supreme Court of the United States, they are rebuffed. Their only cold consolation, the statement by two justices that the court may have to deal with this infringement in the future. I've asked this before and I'll ask it again. Do you truly have Freedom of Religion when those who have sworn or affirmed to protect it fail to do so? /episode/index/show/constitutionstudy/id/22653767

311 - Limitations on Foreclosure 04/04/2022

311 - Limitations on Foreclosure We all recognize that property can be foreclosed on for failure to pay a tax debt. What happens when the value of the foreclosure is greater than the debt owed? A case out of Michigan, recently appealed to the Sixth Circuit, seeks redress for just such situations. Eight citizens of Oakland County Michigan are suing the county for, among other things, taking property worth far more than the tax debt owed, then not reimbursing them the difference. Is this an illegal taking, or a deprivation of property without due process? Or could it simply be a scheme to defraud both the homeowners and taxpayers of Oakland County? /episode/index/show/constitutionstudy/id/22577846

310 - Do We Still Have Freedom of Religion? 03/28/2022

310 - Do We Still Have Freedom of Religion? How can you tell if you have freedom of religion? Is it because of the First Amendment? Does freedom of religion exist because people say so? Does freedom of religion exist if government can decide whether you are properly following the tenants of your religion? A recent case before the Supreme Court asked that very question. Sadly, the court decided not to consider answering it. /episode/index/show/constitutionstudy/id/22501190

309 - Are We Witnessing a Southern Invasion? 03/21/2022

309 - Are We Witnessing a Southern Invasion? A reader sent me an email about the influx of illegal aliens on our souther border. The question of whether or not this constituted an invasion and thereby requiring a response by the federal government under Article IV, Section 4 is one worth taking a closers look at. Not only the question of does this constitution an invasion or not, but what are the consequences of such a point of view? /episode/index/show/constitutionstudy/id/22427624

308 - Can States Rein in the Federal Government? 03/14/2022

308 - Can States Rein in the Federal Government? With all of the unconstitutional laws, executive orders, and regulations coming out of Washington, D.C. lately, people often wonder, what can be done. Out of control governments are nothing new in America. At the end of the 18th century, two of our Founding Fathers wrote about keeping what we now call the federal government in check. Let's look at how these two men expected the states to rein in the federal government. /episode/index/show/constitutionstudy/id/22405274

306 - Republican Form of Government 02/28/2022

306 - Republican Form of Government We keep hearing about threats to America’s democracy. Occasionally I’ll hear someone point out that the United States is not a democracy, but a republic. How many Americans know the difference? And just what are the responsibilities of the federal government to protect that republican for of government? /episode/index/show/constitutionstudy/id/22173740

305 - Convention of States 02/21/2022

305 - Convention of States With the recent passing of legislation in both Wisconsin and Nebraska, the call for a Convention of States is once again in the news, which has brought up a lot of comments and more than a few questions. So what is this Convention of States? What can happen if one is called? And most important, is it constitutional? Let's take a dive into the Convention of States, and see if we can answer these questions. /episode/index/show/constitutionstudy/id/22106123

304 - Stealing Presidential Elections From the States 02/14/2022

304 - Stealing Presidential Elections From the States Does Congress have the legal power to regulate Presidential elections? The answer is no, unless you are a leader in the Senate. Senators Angus King, Amy Klobuchar, and Dick Durbin have released a discussion draft of their legislation to place Congress in control of the Presidential election process, in direct violation of the Constitution of the United States. Let's look at this blatant act of theft in the light of what the Constitution actually says. Then we can decide how to deal with these oath-breakers. /episode/index/show/constitutionstudy/id/22029218

303 - Nuremberg Code and the COVID-19 "Vaccines" 02/07/2022

303 - Nuremberg Code and the COVID-19 "Vaccines" Many of you may be wondering what medical ethics has to do with the Constitution. Many who've been following what's been going on with the COVID-19 "vaccine" and related mandates have asked me about the Nuremberg Codes. While this set of medical ethics is not law in the United States, it does support the rights protected by the Constitution. Understanding this code, and how the Constitution protects your rights is paramount if liberty and freedom are to survive the attack they are under by enemies both governmental and societal. /episode/index/show/constitutionstudy/id/21962351

307 - State of the First Amendment Survey 02/07/2022

307 - State of the First Amendment Survey I got the idea for the Constitution Study while listening to a podcast reporting on the 2013 State of the First Amendment Survey. While the First Amendment Center has issued a survey since 2019, based on what I've been seeing lately, it is still worth investigating. Let's roll back the clock a few years, look at the state of the First Amendment, then see if it is healthier in 2022 than it was in 2019? /episode/index/show/constitutionstudy/id/22261274

302 - Vaccine Mandate Injunctions - Opinion 01/31/2022

302 - Vaccine Mandate Injunctions - Opinion In a previous post I reviewed the oral arguments before the Supreme Court in two sets of cases involving federal vaccine mandates. It did not take long for the court to decide those cases. However, as is often the case, the reporting on these cases has been fairly atrocious. I've heard several respected people claim that the court "struck down" the OHSA mandate while others lamented the court decided not to protect healthcare workers. While the opinions the court offered are spilt, we need to remember that the court was only dealing with whether or not to enjoin these mandates until these cases have worked their way through the court system. The actual opinions regarding these injunctions is a bit of a mixed bag, but certainly not the definitive outcome you may have read or heard. So let us look at the opinions without the hype or hyperbole, and see if we can find a clue as to the state of the justice system in America today. /episode/index/show/constitutionstudy/id/21851180

301 - The Federal Government v. The American People - Oral Arguments 01/24/2022

301 - The Federal Government v. The American People - Oral Arguments By the time this article posts, the Supreme Court has probable offered their opinion on the injunctions against OSHA's mandates against private businesses and healthcare providers. Before the court could render its opinion, there were oral arguments. While many court watchers seemed to believe the court would offer restriction if not find the mandates illegal, reading the transcripts of the oral arguments showed a much more serious failure in our legal system, the judicial branch, and the potential failure of our constitutional republic. /episode/index/show/constitutionstudy/id/21850892

300 - Consequences of a Government Run Amok 01/17/2022

300 - Consequences of a Government Run Amok Recently, a federal judge issued a preliminary injunction against Xavier Becerra, Secretary of Health and Human Services enforcing new rules regarding COVID-19 "vaccine" and mask mandates in Head Start programs. While this is good news for liberty in America, it also hides a terrifying secret. That more and more, America is run less like a constitutional republic and more like a kingdom or an oligarchy, where those in positions of power merely dictate to the rest of us how we are to live our lives. /episode/index/show/constitutionstudy/id/21707645

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