Like many of you, I am a product of the public schools. Like many of you I thought the Constitution was for lawyers and judges. One day I read the Constitution, and was surprised to find I didn't need a law degree to understand it. Then I read the Declaration of Independence, the Federalist Papers and even the Anti-Federalist Papers. As I learned more and more about our founding fathers and documents I saw how little we know about how our country was designed to work and how many people just didn't care. I started The Constitution Study to help those who also want read and study our Constitution.
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?
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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?
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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?
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What can you do when government actors abuse 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.
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What are the checks and balances in the Constitution? What does it entail? How does it work? Read more in the UpJourney article I contributed to.
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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 ignored that restriction on their actions, but the federal courts have piled on as well. 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.
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