You may have heard about Texas bill H.B. 20, an attempt by the government of Texas to prevent censorship by social media companies. You might also have heard about the case making its way through the federal judicial system regarding this particular law. The central question we should be asking is, when is freedom of speech not freedom of speech? Put another way, can government, either legislatively or judicially, force private companies to share communication they disagree with?
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If you spend any significant time discussing court opinions, you’ve encountered the concept of “Judicial Review”. What is judicial review, where does it come from, and is it used today the way it was originally defined? These are the questions every American should have a basic understanding of if they wish to live free. So that is what we are going to look at in this article.
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None of us want to be judged by our race, sex, or how we live our lives. But what right do we have to impose our views on others, even to the point of controlling their private property. That is the question in a complaint against Yeshiva University. Does the City of New York have the legal authority to make a private university recognize a student group? Can the state order a religious school to violate its core beliefs to accommodate the wishes of a student? If we wish to live at liberty, doesn’t that mean we have to allow others to enjoy their own liberty, even if we disagree with it?
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“By hook or by crook”, that seems to be the sentiment of some who promote abortion in this country. When they could not get their way by federal law, they engaged the federal judiciary. When the judiciary abandoned them, they went back to using state law to get their way. And when state law didn’t get them all they wanted, they used regulation to “back door” themselves around the law. Such seems to be the case in California.
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Idaho Falls, ID – September 14, 2022 [Stand Up For Idaho] — Paul Engel of The Constitution Study is coming to the Snake River Event Center (Shilo Inn), Wednesday September, 28th at 6:30PM to share the blessings of liberty with us. According to the Preamble, the Constitution of the United States was created to help…
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In Federalist Papers #78, Alexander Hamilton said that the the federal judiciary would be the branch of government least dangerous to our rights. But is that how the courts are working in the 21st century? What makes the courts today so injurious to our rights? We get a clue from current Associate Justice Elena Kagan in a speech she gave at a judicial conference in Montana this July. By comparing her statements to the Constitution and the writings of those who helped frame it, we should not only be able to answer what makes the court dangerous to our rights, but how to protect our rights from them.
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Most of us are aware of Double Jeopardy, the right to not be tried for the same crime twice. But the courts have adopted a “dual sovereign” doctrine to get around this pesky little problem. Two Supreme Court cases out of Oklahoma show the problems with the court making up the rules as they go along, and how this concept of dual sovereignty violate both your rights and the Constitution of the United States.
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After years of trying to pack the Supreme Court, there’s a new attempt to take control of the third branch of government. Rather than placing extra justices on the court, (all of which would be appointed by the current President), they want to set term limits for, and a complicated method of appointing justices. But is any of this constitutional? How will Congress and the courts react to this of power? Will the American people meekly sit back and watch while the Constitution is once again set aside by Congress for political ends? What would happen to America if this legislation is allowed to see the light of day?
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