Author: Paul Engel
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.
499 – Warrantless Searches
We all know that, in general, the police need a warrant to enter your home. While the Fourth Amendment lays out the requirements for a warrant, there are exceptions to the warrant requirements. That’s because the Fourth Amendment protects you from unreasonable searches, not warrantless searches. The case Case v. Montana is about what makes police entry into a private home reasonable.
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498 – Colorado Conversion Therapy Oral Arguments
Who decides what treatment is best for your child? Most people expect the government to protect children from dangerous treatments, even if their parents want it. But shouldn’t the government need to prove harm beyond a reasonable doubt before criminalizing treatment? Sadly, that is not the question before the court in the case Chiles v. Salazar. Rather, it is a twisted attempt to use the First Amendment to strike down this Colorado law.
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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.
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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?
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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.
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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.
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493 – Police Use of Force
Like any other profession, there are good law enforcement officers and bad law enforcement officers. 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…
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492 – Federal Police Powers
Donald Trump’s recent executive order declaring a crime emergency in Washington, D.C. has created quite an uproar, both for and against it. While there have been many claims on both sides, what I haven’t seen, except for my radio program, is a real constitutional analysis of his actions. With his recent announcement post about sending National Guard troops to Chicago, I think it’s time we do that type of analysis.
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