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The Study Corner

441 – Constitutionality of OSHA

Was the Occupational Safety and Health Administration properly created? Was the grant of authority Congress gave the agency constitutional and valid, or did Congress create an overpowered agency, to micromanage businesses throughout the United States. That is the question in the case Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et.al. Sadly, the Supreme Court decided not to year the case, even if Justice Gorsuch would have and Justice Thomas wrote a dissent.

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440 – The Myth of the Military Style Assault Weapon

There are plenty of myths that revolve around the Second Amendment. It’s only meant for the militia, or for hunting, or some weapons are just too dangerous are just of few. When we read the Constitution, along with just a tiny bit of research into the Bill of Rights, these myths should evaporate like morning mist. However, in the case Bianchi v. Brown, it appears the Fourth Circuit believes the myths. However, some unorthodox procedures may show the court manipulated the process to get the outcome they desired.

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439 – It doesn’t need to be rewritten, it needs to be reread

I’ve spent a lot of time the last few years wondering why Americans do not celebrate Constitution Day. Then it occurred to me, we have spent so much time and effort trampling the document, along with the freedoms and liberties it’s designed to protect, We the People are simply too apathetic to celebrate the Constitution, or too ashamed to do so. However, for those of us not embarrassed by our founding document, there is still hope to secure the blessings of liberty for ourselves and our posterity.

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438 – Legal firearm possession as probable cause

Encountering law enforcement can be a nerve wracking situation, even if you’ve done nothing wrong. Imagine you’ve been pulled over to safely deal with something in your vehicle, then have a police officer pull up behind you. Nothing to worry about, right? You’ve done nothing wrong. Then imagine, after providing your drivers license, you’re pulled…

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437 – Should Rahimi be the poster child for the Second Amendment?

There’s an adage in the legal profession, “hard cases make bad law”. It can also be said that bad cases make bad law, and the case of United States v. Rahimi is one of those bad cases. The question is legitimate. Does 18 U. S. C. §922(g)(8), which prohibits a person under domestic violence restraining order from possessing a firearm or ammunition, violate the Second Amendment. However, for those of you who are thinking the answer is yes, Zackey Rahimi is not the person you would want leading this case.

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436 – The Bill of Rights and the States

There are certain lies told about the Constitution that repeatedly grind into me like salt in an open wound. One of those is the repeated statement that “The Fourteenth Amendment incorporates the Bill of Rights, including the First Amendment, to the states.” By which, the speaker usually means that, before the Fourteenth Amendment, none of the ten amendment in the Bill of Rights could be applied to the states. That, ladies and gentlemen, is a flat out lie, and I will prove it here.

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435 – Rights Denied by Standing

The First Amendment protects our right to petition the federal government for a redress of grievance. But what happens when said federal government tells you that you don’t have the right to petition? Because that’s exactly what happened when the Supreme Court decided the case Murthy v. Missouri.

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434 – January 6th Over Charging

After the January 6th riots the U.S. Department of Justice began charging anyone they thought participated, but not just for the crimes they committed. According to the DOJ, anyone who showed up at the Capitol had corruptly obstructed or impeded an official proceeding, punishable by a fine and imprisonment for up to 20 years. Many claimed that the DOJ was overcharging these J6ers, misusing the law to punish dissenters. When it comes to 18 U. S. C. §1512(c), SCOTUS agreed.

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