The Study Corner
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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433 – Administrative Law Goes to Court
Seeking redress of our grievances is an important right, protected by the First Amendment. Can the federal government deprive you of due process as a condition of seeking redress? While not talked about in that way, that’s pretty much what the case SEC v. Jarkesy is all about. After assessing George Jarksey J. civil penalties for violations of antifraud provisions, the SEC attempted to deny him of his right to a trial by jury. Could this be a start of reforms of unconstitutional administrative law courts?
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432 – Chevron is Dead! Long Live Loper!
There are certain legal terms and cases that most people don’t know about, at least until their used to bite someone in the backside. One of those terms is Chevron Deference, or Chevron Doctrine. It comes from a 1984 case where the Supreme Court came up with the great idea that, when Congress isn’t specific, the bureaucrats get to decide. While the court may have overruled Chevron, Looper may not be any better.
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431 – Presidential Immunity
When the delegates to the Constitutional Convention debated the role of the chief executive, many expected George Washington to become our first king. Between Mr. Washington’s humility, and the delegates recent experience with a king, they decided we’d be better off with a President rather than a king. With the recent case of Trump v. United States, many have asked, have we turned the office of President into the office of king?
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430 – Biology at the District Court
Rarely does a single sentence so completely crystalize the situation as the first line of the court order in Tennessee v. Cardona. The case involves the attempts by the Biden Administration to rewrite Title IX’s protections of women in education and their access to competitive sports. The single sentence? “There are two sexes: male and female.” That one sentence is the foundation of Judge Reeves’ injunction against the United States Department of Education’s attempt to ignore biology, rewrite law, and set back women’s rights by decades.
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429 – Bumping Into the Law
When does a rifle become a machine gun? That is the question asked in the Supreme Court case Garland v. Cargill. When the Bureau of Alcohol, Tobacco, Firearms, and Explosives suddenly decided to redefine bump stocks as machine guns, many Americans simply complied. However, when Michael Cargill surrendered his bump stocks to the ATF, he did so under protest, filing suit to challenge the rule under the Administrative Procedure Act. Those of us who enjoy and exercise our right to keep and bear arms owe Mr. Cargill a debt of gratitude, but the fight is not over. Thanks to Mr. Cargill’s determination and persistence, the ATF’s bump stock rule has been found to have not been created correctly, meaning we get our bump stocks back. However, it also leaves open the chance for Congress to do what the ATF could not, violate the Second Amendment one more time.
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