Month: November 2021

293 – USA, Inc.?

One concept that I often see people express is that the United States is now a private corporation. Those who make these claims often cite The District of Columbia Act of 1871 as proof. This “fact” is then used to support various positions or explain why or how certain acts of government take place. So let’s look at The District of Columbia Act of 1871 and the Constitution of the United States to see for ourselves if we are no longer citizens of a union, but subjects of a corporation.

292 – Parents’Rights

With the recent “approval” of the Pfizer vaccine for 5-11 year olds, many are wondering when the “recommendation” to vaccinate will become a mandate. Do governments have the legal authority to intervene in family decision? If so, under what conditions? One opinion comes from a case out of the Second Circuit in the 1970s. Understanding the limits of the coercive power of government over families will be important if we wish to remain free.

291 – The Supremacy Clause and the Tenth Amendment v. Mandates

By now, you’ve probably heard of Jen Psaki’s response to a question about Texas standing up to Biden’s threatened vaccine mandate. She stated that federal law trumps state law. I guess it’s true that the best lie should contain a bit of truth. Today, let’s answer the question of whether federal law always trumps state law. Let’s do so by looking at the original documents, so we can answer this question not only when it comes to vaccine mandates, but all of the acts coming out of Washington, D.C.

Constitution Live Q&A – Nov. 11, 2021

You bring the questions, I’ll bring the answer.

This special event will be held before a live audience in Tampa, FL!

290 – Illinois Gun Tax Case

I usually cover cases involving the Constitution of the United States. Today however, I am looking at a case out of the State of Illinois involving that state’s constitution and the question of county gun and ammo taxes. While the appellant’s complaint argues that these taxes violate the both Article I, Section 22 of the Illinois Constituiton and Second Amendment to the U.S. Constitution, the Illinois Supreme Court instead focused on the taxing power of the county. While Cook County gun owners may be happy with the outcome, as a constitutional scholar I find the majority opinion woefully lacking.

289 – Qualified Tyranny

Governments protecting their own with mock trial is nothing new. When our Founding Fathers published the Declaration of Independence, they listed 27 specific grievances against the king, including:

For protecting [the military], by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

Today courts are protecting law enforcement by mock trial from punishment for violating the law and our rights based solely on their opinion of what is “clearly established statutory or constitutional rights”. The Supreme Court recently opined on two cases where the question of a law enforcement officer’s “qualified immunity” was in question. But we really have to ask ourselves two questions. First, is it constitutional to provide government officials special treatment under the law? Second, do the courts have the legal authority to determine when “statutory or constitutional rights” have been established?