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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

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

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