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The Study Corner

State of the First Amendment Survey

The 2018 State of the First Amendment survey has been released by the Freedom Forum Institute’s First Amendment Center, and to put it bluntly, the news is NOT good! In other good news, three out of four Americans (77%) are supportive of the First Amendment and the freedoms it guarantees. Unfortunately, most Americans are generally…

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Myths about the Constitution

It’s not what you don’t know, it’s what you know that just ain’t so that gets you into real trouble.  Based on that, I thought I’d go over some of the myths about the Constitution most everyone I meet thinks is so, but just isn’t true. Like most myths, each of these come with a…

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Why is Socialism Viewed So Favorably in the US?

Over the past few years I’ve heard of  surveys showing an increasingly favorable view of socialism, especially among younger adults. So why the change in attitude and what does it have to do with the Constitution?

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Which came first?

No, this is not an article about the “Chicken & Egg” theory, but an important question about who is in charge of whom and which governments have power over the other.

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The supreme Court Kicks Small Business in the Shins Again!

By now you’ve probably heard about the supreme Court decision in South Dakota v. Wayfair, Inc. and how states can now collect sales tax from businesses outside their border.  After reading the court’s opinion, I wanted to take some time to discuss the good, the bad, and the ugly I found inside.

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NIFLA, ET AL. v. BECERRA, ATTORNEY GENERAL OF CALIFORNIA

This free speech case revolved around a California law and the question: Under what circumstances could state governments require certain types of speech from private entities? The FACT Act requires clinics that primarily serve pregnant women to provide certain notices. Clinics that are licensed must notify women that California provides free or low-cost services, including abortions, and give…

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Carpenter v. United States

I frequently say it is important that the text of a document should drive our understanding of it, not the other way around.  This case regarding the need for a warrant to collect cell-site location information (CSLI) for an individual under investigation challenged my assumptions about the Fourth Amendment.  While the opinion that the release of…

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Senate Non-Binding Resolution for Greater Role in Tariffs

Granted, this site and much of the work that I do, has come about due to America’s general ignorance about our Constitution.  However, sometimes the level of ignorance, especially from those who have sworn an oath to uphold the Constitution, just takes my breath away!

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