The Study Corner

298 – Defending Public Liberty

There are certain idea that we find detestable. Concepts we find repulsive. Even some actions that we cannot abide. But do we have the right to tell other people that they must live by what we find acceptable? How many dystopian novels are based in the idea that only approved thought is allowed in society? Benjamin Franklin, writing as Silence Dogood wrote:

“Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech; which is the Right of every Man, as far as by it, he does not hurt or controul the Right of another: And this is the only Check it ought to suffer, and the only Bounds it ought to know.

What will you do to protect public liberty? What will you allow, not because you approve, but because you recognize the right of others to live differently than you?

297 – Controlling a Constitutionally Protected Right

The Declaration of Independence lists some of our inalienable rights. It also says “That to secure these rights, Governments are instituted among Men”. If governments are created to secure our rights, does that mean they have the legitimate power to regulate them? Yet in many situations, governments at all levels claim that power. So what happens when We the People allow governments to control our rights? More importantly, what can we do to regain control of our rights.

296 – Spying on American Gun Owners Act

Benjamin Franklin said:

“They who would give up an essential liberty for temporary security, deserve neither liberty or security.”

Yet with the promise of keeping us safe from “gun violence”, “violent extremists”, and “domestic terrorists”, Congress wants you to give up your essential liberty to be free from unreasonable searches. H.R. 5764 is the first step to a writ of assistance against anyone who buys or sells firearms. This has been done before, so why shouldn’t Congress think they can get away with it again?

294 – Congressional Term Limits

U.S. Representative Tim Burchett has introduced a bill to limit the number of terms members of Congress can serve. I’ve talked before about term limits, but this seems to be a good opportunity to look at the details both to the legislation and the idea of term limits.

293 – USA, Inc.?

One concept that I often see people express is that the United States is now a private corporation. Those who make these claims often cite The District of Columbia Act of 1871 as proof. This “fact” is then used to support various positions or explain why or how certain acts of government take place. So let’s look at The District of Columbia Act of 1871 and the Constitution of the United States to see for ourselves if we are no longer citizens of a union, but subjects of a corporation.

292 – Parents’Rights

With the recent “approval” of the Pfizer vaccine for 5-11 year olds, many are wondering when the “recommendation” to vaccinate will become a mandate. Do governments have the legal authority to intervene in family decision? If so, under what conditions? One opinion comes from a case out of the Second Circuit in the 1970s. Understanding the limits of the coercive power of government over families will be important if we wish to remain free.

291 – The Supremacy Clause and the Tenth Amendment v. Mandates

By now, you’ve probably heard of Jen Psaki’s response to a question about Texas standing up to Biden’s threatened vaccine mandate. She stated that federal law trumps state law. I guess it’s true that the best lie should contain a bit of truth. Today, let’s answer the question of whether federal law always trumps state law. Let’s do so by looking at the original documents, so we can answer this question not only when it comes to vaccine mandates, but all of the acts coming out of Washington, D.C.

290 – Illinois Gun Tax Case

I usually cover cases involving the Constitution of the United States. Today however, I am looking at a case out of the State of Illinois involving that state’s constitution and the question of county gun and ammo taxes. While the appellant’s complaint argues that these taxes violate the both Article I, Section 22 of the Illinois Constituiton and Second Amendment to the U.S. Constitution, the Illinois Supreme Court instead focused on the taxing power of the county. While Cook County gun owners may be happy with the outcome, as a constitutional scholar I find the majority opinion woefully lacking.