due process

410 – Is Refusing to Wear a Mask Unconstitutional?

I’ve spoken repeatedly about the unconstitutionality of most mask mandates. Recently, the Third Circuit Court of Appeals was asked to review two cases where people were punished for attending school board meetings while refusing to wear masks. Sadly, the cases, as described in the Circuit Court opinion, seem poorly founded, thus leading to decisions against the plaintiffs. I think a closer look will not only show the flaws in the case, but help others build better ones in the future.

409 – Abuse of the No Fly List

while looking through recent oral arguments at the Supreme Court, I stumbled across the case FBI v. Fikre. At first, I thought it was another simple procedural case, but something about it caught my attention. The oral arguments held before the Supreme Court were about whether Mr. Fikre’s case that his rights were violated when he was placed on the No Fly List was no moot because he ad been removed from the list. As I stated looking deeper into the case though, I found intrigue worthing of a Grisham novel.

396 – Hard Cases Make Bad Precedent

There is an adage in the legal profession, “Hard cases make bad law.” Well, since cases in this country to not truly make law only precedent, you might be tempted to dismiss this saying. However, since our courts are so devoted to their precedent, we should be very careful when hard cases come to the Supreme Court. For example, one case heard by the court has a very unsavory respondent. The question is, will Mr. Zackey Rahimi’s shady past be used to infringe on the right of the rest of Americans?

281 – Due Process Clauses

I’ve been talking a lot recently about the Due Process Clauses in the Fifth and Fourteenth Amendments. Why? Because they seem to be lost in the noise created by the current legal climate. I thought it would be a good time to dive deeper into these two clauses, both so we can understand them and see how often they are violated, even if the judiciary does not.

227 – Bill of Rights Day

On December 15th, 1791, the first ten amendments, known as the Bill of Rights, were ratified and became part of the U.S. Constituiton. However, there is more to the story than just the names and dates.

Why is our Bill of Rights included as amendments to the Constituiton rather than part of the original document? How was it created? Why was it created? And what is the state of the Bill of Rights today, in the 21st century? Let’s celebrate the 229th anniversary of these amendments by finding the answers to those questions.

055 – Another Federal Attempt to Bribe States to Enact Red Flag Laws

Here’s another example of Washington treating the states like colonies. Before you go blaming Democrats, this one was proposed by a Republican, Marco Rubio. They may be euphemistically called “grants”, but they are better described as bribes. And these bribes will be used to encourage states to violate the rights of their citizens. Find out…