Video Podcasts
450 – Federalist and Antifederalist #1
I don’t believe a serious study of the Constitution can be made without looking at the public debates over the documents. After the Constitutional Convention sent the proposed constitution to the states for ratification, a great debate was had over its pros and cons. Supporters of the document as proposed, Alexander Hamilton, John Jay, and James Madison, published essays in New York State newspapers under the pseudonym Publius. These essays are collectively known as the Federalist Papers. Meanwhile, several authors published articles and essays opposing, or at least cautioning a rush to adopt the proposed Constitution, under many pseudonyms.
449 – When is a Gun a Gun?
I cannot count how many times I’ve said it, but words mean things. It’s one of the reasons I keep referring back to documents to see the actual words used so I can find their definitions. In the case Garland v. VanDerStok, the issue seems to come down not just to what the definition of…
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448 – San Francisco v. EPA – Oral Arguments
How much pollution is too much? We all want clean air and water, but we still want to drive our cars and flush our toilets as well. The question in San Francisco v. EPA is how specific does the EPA need to be when it tells cities how much waste they can discharge into our…
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447 – A Constitution Catechism
When most people think of catechisms, they think of religious training tools. However, catechisms have been used for training in many subjects in our history. I was recently introduced to the Elementary Catechism on the Constitution of the United States, by Arthur J. Stansbury. While I have not been through the entire catechism, what I…
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446 – Importance of Jury Duty
Most of us have had the experience of picking up the mail, only to get that small pit in our stomach. Maybe we utter a curse or two and immediately begin thinking of ways to get out of it. The piece of mail that has caused these reactions is a jury summons. Almost no one…
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444 – Bootstrapping or Malicious Prosecution
How far can law enforcement go when it comes to arresting someone? For example, say police have probable cause to charge you with a misdemeanor, how far can they “bootstrap” that charge to something more serious? That appears to be the question in the case Chiaverini v. City Of Napoleon, Ohio. While dealing with a misdemeanor situation, Mr. Chiaverini was subsequently was charged not only with that, but a felony. One little problem, the police had no probable cause for the felony.
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443 – Blowing Holes in the Fifth Amendment
Everyone knows we have a right to remain silent, correct? What if I told you that in 2013 the Supreme Court upheld a decision basically stating that is not true. That you only have the right to remain silent if you verbally claim the right in the first place, otherwise, according to SCOTUS, your silence can be used against you. Let’s take a look at this case and some of the history behind this violation of yout rights.
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442 – Interstate Firearm Possession
Can Massachusetts prosecute out-of-staters who can legally carry in their home state? That was the question before Massachusetts courts in two cases. Needless to say, when these courts agreed with the plaintiffs, the Commonwealth disagreed, appealing the cases the the Massachusetts Supreme Judicial Court. While we wait for the court to decide the case, let’s look at the originating cases and the Commonwealth’s argument.
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