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Gibbons v Ogden (1824) - Supreme Court History
*CORRECTION* 12:30 - The text of the Tenth Amendment should read "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People."
Today on Categorical Imperatives We take a look at the landmark Supreme Court case Gibbons v Ogden (1824) That is one of the first cases to interpret the Commerce Clause. This opinion is a foundational case for modern Constitutional Law
How One Landmark Case Shaped the Commerce Clause
https://tenthamendmentcenter.com/2020/11/02/how-one-landmark-case-shaped-the-commerce-clause/
John Marshall, the Commerce Clause and Gibbons v Ogden
https://blog.tenthamendmentcenter.com/2020/11/john-marshall-the-commerce-clause-and-gibbons-v-ogden/
Categorical Imperatives is a podcast that uses legal theory and moral philosophy to discuss current events surrounding law, politics & culture.
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Electoral College Part 2: Electric Boogaloo
On this episode of Categorical Imperatives We finish our discussion started last week about the Electoral College, why the National Popular Vote Movement i Unconstitutional and the meaning of "One Person, One Vote Doctrine"
Categorical Imperatives on Bitchute - https://www.bitchute.com/channel/categoricalimperatives/
Categorical Imperatives on Parler - https://parler.com/profile/Lockeanliberal/pos
Original Chris Hayes Segment - https://youtu.be/T1Dv25z480c
Categorical Imperatives is a podcast that uses legal theory and moral philosophy to discuss current events surrounding law, politics & culture.
Electoral College & The National Popular Vote Movement (Part One)
Today on Categorical Imperatives we are going to be looking at the Electoral College.
In this video, Part One of a two part series we will be looking at The electoral College as compared to a system put forward by the National Popular Vote Movement.
In Part Two we will be examining the case law that compromises the Supreme Court's "One Person, One Vote" doctrine. What people think it means, why they are all wrong, what it actually means and what, if anything is the Constitutional basis to continue putting "one person, one vote into practice.
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PART ONE
Why do we use this system to elect the president? Why do some people believe we should have a National Popular Vote and why is the NPV a terrible idea.
We see how the National Popular Vote is a Trojan Horse being offered a "A more fair and Democratic system" when in fact it's an attempt by the left to swing elections to their side
We will also be examining a number of common Fallacies about the so-called "One Person, One Vote Doctrine".... Why it is not in any way Constitutional, but is a pointless example of legislating from the bench. It's also a doctrine most people, conservatives and leftists alike, tend to completely misunderstand and misinterpret.
So we will be examine the Landmark cases that comprise that doctrine and discussing them as a matter of Constitutional law, instead of the usual discussion that comes from tools like Chris Hayes on MSNBC... How they misread and misapply this doctrine in a way not at all consistent the law itself. Instead viewing it with a kind of prevented political redefinition that you find on the right and the left
Categorical Imperatives on Bitchute - https://www.bitchute.com/channel/categoricalimperatives/
Categorical Imperatives on Parler - https://parler.com/profile/Lockeanliberal/pos
Original Chris Hayes Segment - https://youtu.be/T1Dv25z480c
A Defense of the Electoral College By: Rob Natelson
https://tenthamendmentcenter.com/2020/04/06/a-defense-of-the-electoral-college/
Did Founder James Wilson oppose the Electoral College and favor “National Popular Vote?” By: Rob Natelson https://tenthamendmentcenter.com/2019/11/14/did-founder-james-wilson-oppose-the-electoral-college-and-favor-national-popular-vote/
The Electoral College is still right for America By: Rob Natelson
https://tenthamendmentcenter.com/2019/01/27/the-electoral-college-is-still-right-for-america/
Keep the Federal Courts Out of the Electoral College By: Tenth Amendment Center
https://tenthamendmentcenter.com/2016/12/10/keep-the-federal-courts-out-of-the-electoral-college/
Destroying the Electoral College Destroys Freedom By: Tom DeWeese
https://tenthamendmentcenter.com/2016/06/30/destroying-the-electoral-college-destroys-freedom/
The Plan to Circumvent the Presidential Election Process By: Bob Greenslade
https://tenthamendmentcenter.com/2010/09/01/the-plan-to-circumvent-the-presidential-election-process/
Constitutional Republic vs. Pure Democracy: How the U.S. Election Process Has Changed
By: Sam Jacobs
https://tenthamendmentcenter.com/2020/08/17/constitutional-republic-vs-pure-democracy-how-the-u-s-election-process-has-changed/
Why the “National Public Vote” Scheme is Unconstitutional By: Rob Natelson
https://tenthamendmentcenter.com/2019/02/09/why-the-national-public-vote-scheme-is-unconstitutional/
Categorical Imperatives is a podcast that uses legal theory and moral philosophy to discuss current events surrounding law, politics & culture.
95
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Voting and Democracy: Hooray?
I am hard at work on my next episode of the show that should be out tomorrow. But it's been so long since I put out a video. I put this together just to share a few of my thoughts on the election we have today. Hopefully parts will make you laugh and other parts will get you thinking about not just the election itself. But the human psychology behind Why we participate in this Secular Religious Holiday. and what does it accomplish?
Categorical Imperatives is a podcast that uses legal theory and moral philosophy to discuss current events surrounding law, politics & culture.
Is Our "Democracy" Broken? Federalism & The Senate
On this episode of Categorical Imperatives we discuss the importance of Federalism as a mainstay of our government's checks and balances.
Why calls for electoral reform from particular political party every election cycle because they are just sore losers, is more than selfish. Why it is a short-sighted grasp for power that they demand without considering any of the consequences of the changes they propose or the merits of the structure they want to destroy.
We will be going over and article from Vox.com about why they say they think the Senate should have proportional representation. Why they are no good liars who are really just pushing for a scheme of national government that would do far more than what they claim they want, which is "a better balance of power between the states and the people". They want to do away with States entirely. replace our legislature with a single national legislature that would be nothing more than a rubber stamp for the President's wishes.
Why this Wilsonian impulse is an eminently dangerous impulse and why we should cherish the Madisonian Republic we have.
Vox Article- https://www.vox.com/2018/10/13/17971340/the-senate-represents-states-not-people-constitution-kavanaugh-supreme-court
Chris hayes electoral reform- https://www.youtube.com/watch?v=T1Dv25z480c&t=483s
Roger sherman
Biography.com Article- https://www.biography.com/political-figure/roger-Sherman
Encyclopedia Britannica Article- https://www.britannica.com/biography/Roger-Sherman
General information- http://www.let.rug.nl/usa/biographies/roger-sherman/
Yale Repository of "The Great Compromise"- https://archives.yale.edu/repositories/12/resources/3083
History of "The Great Compromise"- https://www.thoughtco.com/great-compromise-of-1787-3322289
Wikipedia Connecticut Compromise- https://en.wikipedia.org/wiki/Connecticut_Compromise
Encyclopedia Britannica Connecticut Compromise- https://www.britannica.com/topic/Connecticut-Compromise
The Great Compromise- https://historycooperative.org/great-compromise/
Saint George Tucker
Tucker on Wikipedia- https://en.wikipedia.org/wiki/St._George_Tucker
Saint George Tucker Society- http://stgeorgetuckersociety.org/
Encyclopedia of Virginia - https://www.encyclopediavirginia.org/Tucker_St_George_1752_x2013_1827
Tucker's Jeffersonian Constitution- https://lawliberty.org/st-george-tuckers-jeffersonian-constitution/
Tucker's Blackstone & Other Selected Works- https://oll.libertyfund.org/pages/tucker-and-the-us-constitution
https://oll.libertyfund.org/titles/tucker-view-of-the-constitution-of-the-united-states-with-selected-writings
Current events, law, politics & culture through a lens of legal theory and moral philosophy
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What Is American Constitutional Republicanism?
It seems like every election cycle people can't wait to have all manner of pointless debates, where two factions engage in politics as team sport. Competing to see which team can talk the most while substantively saying the least and competing to see who can actively & most thoroughly dismiss their opponent's arguments Prima Facie. I am speaking of the controversy over whether we are a Democracy or a Constitutional Republic.
I want to end this whole debate by proving that anyone who presents you with this choice is trying to sell you a false bill of goods... This holds true both when being discussed in the parlance of our times and then through an Originalist argument based directly on the arguments made by those who drafted and ratified the Constitution.
I will be doing this by re-enacting that Great Debate between the Federalists and Anti-Federalists over what our system of government should operate in alignment with our Nation's founding moral philosophy, that is known as American Constitutional Republicanism
►00:00 Introduction
►02:35 Constitutional Republic or Democracy
►12:40 Historical Evidence
►17:58 Montesquieu's Political taxonomy
►27:50 American Constitutional Republicanism
►30:30 The Great Debate - Advocates and Opponents of the Constitution
Articles by Eugene Volokh
https://reason.com/2015/05/13/is-the-united-states-of-americ/
https://reason.com/2016/11/14/the-united-states-is-both-a-re/
https://reason.com/2016/12/16/is-america-a-republic-or-a-dem/
"A Republic, Not A Democracy? Initiative, Referendum, and the Constitution's Guarantee Clause" By: Robert Natelson https://works.bepress.com/robert_natelson/24/
"How the U.S. Election Process Has Changed" By: Sam Jacobs https://www.silverdoctors.com/headlines/world-news/constitutional-republic-vs-pure-democracy-how-the-u-s-election-process-has-changed/
Baron de Montesquieu,
Complete Works, vol. 1: https://oll.libertyfund.org/titles/montesquieu-complete-works-vol-1-the-spirit-of-laws
The Spirit of the Laws (1748) https://thefederalistpapers.org/wp-content/uploads/2013/01/The-Spirit-of-The-Laws.pdf
The Federalist Papers: https://www.thefederalistpapers.org/wp-content/uploads/2012/12/The-Complete-Federalist-Papers.pdf
Collected works of Greco-Roman philosophers and historians of Classical Republicanism
Thucydides - https://oll.libertyfund.org/people/thucydides
Aristotle - https://oll.libertyfund.org/people/Aristotle
Tacitus - https://oll.libertyfund.org/people/publius-cornelius-tacitus
Plutarch - https://oll.libertyfund.org/people/plutarch
Livy - https://oll.libertyfund.org/people/titus-livius-livy
Cicero - https://oll.libertyfund.org/people/marcus-tullius-cicero
118
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Habeas Corpus & The Mystery of the Peaceful Protests (or, The Great Charter's Greatest Chapter)
Today on Categorical Imperatives we contemplate how we as individual citizens can advocate on our own behalf when we are up against the long arm of the law. For centuries Habeas Corpus has been known by Jurists and civil libertarians alike as "The Great Writ". And indeed it is. Where does it come from? What role has it played in the formation of Jury Nullification, in bringing an end to slavery, in exposing our 16th and 43rd Presidents as tyrants, and what can it do for citizens to help ensure against unlawful arrest arrest and detention. All this and more will be answered on the show!
To Keep and Bear Arms 2: Militia Boogaloo (Sometimes a duty, Ever a Right Part Two)
On this episode of Categorical Imperatives We discuss the Second Amendment and the General Militia Power as a form of Police Reform. That may sounds counter-intuitive, Prima Facie, but I will be making the case as to why this is a crucial step to take, following the death of George Floyd.
This is the second episode exploring the 2nd amendment and a re-discovery of the true meaning of the general militia as defined both in history and law. From English Common Law to our current Corpus Juris.
To Watch Part One of the Series: https://youtu.be/HVjlqgAV5ig
Collection of Tenth Amendment Center Articles and Videos on numerous topics related to police reform:
https://www.youtube.com/playlist?list=PL6NjbXOax5B30hgiKtiCQvQdNUjL_zzZc
Case Law and Case Briefs
Dred Scott v Sanford
http://sites.gsu.edu/us-constipedia/378-2/
https://legaldictionary.net/dred-scott-v-sandford/
https://www.loc.gov/rr/program/bib/ourdocs/dredscott.html
https://www.law.cornell.edu/supremecourt/text/60/393
Civil Rights Act of 1866
https://www.fjc.gov/history/timeline/civil-rights-act-1866
Freedman's Butreau Bill
https://www.cop.senate.gov/artandhistory/history/common/generic/FreedmensBureau.htm
Slaughterhouse Cases
http://sites.gsu.edu/us-constipedia/slaughterhouse-cases/
U.S. V CRUIKSHANK
http://sites.gsu.edu/us-constipedia/u-s-v-cruikshank/
https://supreme.justia.com/cases/federal/us/92/542/
https://www.law.cornell.edu/supremecourt/text/92/542
Militia Acts of 1792 and 1903
https://www.law.cornell.edu/topn/militia_act_of_1903
https://archive.org/stream/jstor-25119439/25119439_djvu.txt
https://en.wikipedia.org/wiki/Militia_Acts_of_1792
Barron v Baltimore
https://cases.laws.com/barron-v-baltimore
Salinas v Blakely
https://guncite.com/court/state/83p619.html
United States v Miller
https://www.law.cornell.edu/supremecourt/text/307/174
https://supreme.justia.com/cases/federal/us/307/174/
United States v Emerson
http://www.ecases.us/case/ca5/c34012/united-states-v-emerson
DC v Heller
https://www.law.cornell.edu/supct/html/07-290.ZS.html
https://www.scotusblog.com/case-files/cases/dc-v-heller/
McDonald v Chicago
https://www.britannica.com/event/McDonald-v-City-of-Chicago
https://legaldictionary.net/mcdonald-v-chicago/
http://sites.gsu.edu/us-constipedia/chicago-v-mcdonald-2010/
Matter of Babington v. Yellow Taxi Corp., 164 N.E. 726 (NY 1928)
https://www.courtlistener.com/opinion/3601389/matter-of-babington-v-yellow-taxi-corp/
THE FOUNDERS CONSTITUTION (EXCERPTS)
Chapter 3 Document 3 "Right of Revolution"
William Blackstone
https://press-pubs.uchicago.edu/founders/documents/v1ch3s3.html
CHAPTER 3 | Document 4
Samuel Adams, Boston Gazette
27 Feb. 1769 Writings 1:316--19
http://press-pubs.uchicago.edu/founders/documents/v1ch3s4.html
CHAPTER 16 | Document 23
James Madison, Property
29 Mar. 1792 Papers 14:266--68
https://press-pubs.uchicago.edu/founders/documents/v1ch16s23.html
►00:00 Introduction & Overview Of Part One
►03:15 District of Colombia v Heller
►06:51 Preamble to the Bill of Rights
►09:25 Majority and Minority Opinion for Heller
►09:35 Collective/Individual Right?
►14:20 Original Meaning and Original Intent Jurisprudence
►15:30 McDonald v Heller
►21:10 Original Meaning or Substantive Due Process?
►25:15 Conclusions
56
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To Keep and Bear Arms: Sometimes a duty, Ever a Right (Part One)
On this episode of Categorical Imperatives We discuss the Second Amendment and the General Militia Power as a form of Police Reform. That may sounds counter-intuitive, Prima Facie, but I will be making the case as to why this is a crucial step to take, following the death of George Floyd.
This is the first of two episodes exploring the 2nd amendment and a re-discovery of the true meaning of the general militia as defined both in history and law. From English Common Law to our current Corpus Juris.
To Watch Part Two In the Series: https://youtu.be/rYxdu4a_RuA
Collection of Tenth Amendment Center Articles and Videos on numerous topics related to police reform:
https://www.youtube.com/playlist?list=PL6NjbXOax5B30hgiKtiCQvQdNUjL_zzZc
Case Law and Case Briefs
Dred Scott v Sanford
http://sites.gsu.edu/us-constipedia/378-2/
https://legaldictionary.net/dred-scott-v-sandford/
https://www.loc.gov/rr/program/bib/ourdocs/dredscott.html
https://www.law.cornell.edu/supremecourt/text/60/393
Civil Rights Act of 1866
https://www.fjc.gov/history/timeline/civil-rights-act-1866
Freedman's Butreau Bill
https://www.cop.senate.gov/artandhistory/history/common/generic/FreedmensBureau.htm
Slaughterhouse Cases
http://sites.gsu.edu/us-constipedia/slaughterhouse-cases/
U.S. V CRUIKSHANK
http://sites.gsu.edu/us-constipedia/u-s-v-cruikshank/
https://supreme.justia.com/cases/federal/us/92/542/
https://www.law.cornell.edu/supremecourt/text/92/542
Militia Acts of 1792 and 1903
https://www.law.cornell.edu/topn/militia_act_of_1903
https://archive.org/stream/jstor-25119439/25119439_djvu.txt
https://en.wikipedia.org/wiki/Militia_Acts_of_1792
Barron v Baltimore
https://cases.laws.com/barron-v-baltimore
Salinas v Blakely
https://guncite.com/court/state/83p619.html
United States v Miller
https://www.law.cornell.edu/supremecourt/text/307/174
https://supreme.justia.com/cases/federal/us/307/174/
United States v Emerson
http://www.ecases.us/case/ca5/c34012/united-states-v-emerson
DC v Heller
https://www.law.cornell.edu/supct/html/07-290.ZS.html
https://www.scotusblog.com/case-files/cases/dc-v-heller/
McDonald v Chicago
https://www.britannica.com/event/McDonald-v-City-of-Chicago
https://legaldictionary.net/mcdonald-v-chicago/
http://sites.gsu.edu/us-constipedia/chicago-v-mcdonald-2010/
Matter of Babington v. Yellow Taxi Corp., 164 N.E. 726 (NY 1928)
https://www.courtlistener.com/opinion/3601389/matter-of-babington-v-yellow-taxi-corp/
THE FOUNDERS CONSTITUTION (EXCERPTS)
Chapter 3 Document 3 "Right of Revolution"
William Blackstone
https://press-pubs.uchicago.edu/founders/documents/v1ch3s3.html
CHAPTER 3 | Document 4
Samuel Adams, Boston Gazette
27 Feb. 1769 Writings 1:316--19
http://press-pubs.uchicago.edu/founders/documents/v1ch3s4.html
CHAPTER 16 | Document 23
James Madison, Property
29 Mar. 1792 Papers 14:266--68
https://press-pubs.uchicago.edu/founders/documents/v1ch16s23.html
28
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Trump's Twitter Trashing Tirade
On this episode of Categorical Imperatives, we go through Trump's Social Media executive order & why this demand for "free speech" is repugnant to the Constitution, the first amendment, individual liberty and free association.
Current events, law, politics & culture through a lens of legal and moral philosophy
1
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California Reaming - The Gig Economy & Constitutional Contracts Clause
We discuss California's new law to regulate the Gig Economy "AB-5" The affect it's having on employers and freelance contractors alike and what It can help teach us about the Constitution's Contracts Clause (Article 1 Section 10 Clause 1)
Current events, law, politics & culture through a lens of legal and moral philosophy
1
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Constitutional Revolution of 1937 (The Irrepressible Myth of A Political Judiciary)
On this episode of Categorical Imperatives: Ever wondered how the Supreme Court came to be as a political body, despite it's Constitutional Role of a non-political Judiciary... Today I go back and talk about how that assumption came about and why it is wrong.
Current events, law, politics & culture through a lens of legal and moral philosophy
Supreme Court History: U.S. v Lopez (1995)
*Correction*
13:00 I mixed up details about Wickard v. Filburn. Claude R. Wickard was the plaintiff. He sued on behalf of Department of Agriculture et al. & Roscoe Filburn was the farmer charged with violating the Agricultural Adjustment Act of 1938
In this episode of Categorical Imperatives we take a look at a case from this day in 1995 that was the first time in over 60 years the court struck down a law under the commerce and necessary and proper clauses It was a big win for Federalism and limited government It's one of my all time favorite rulings, I am sure it will be one of your favorites as well
100 Supreme Court Cases: By Josh Blackman and Randy Barnett: https://conlaw.us/
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Supreme Court History: Lochner v New York (1905)
With California's bill regulating the gig economy out of existence and interfering with the Constitutional protected freedom of contract hurting the very people it was designed to help, and this same regulation being considered by several other states as well as on the national level it's fitting to discuss a case that was argued on this date before the Supreme Court in 1905 "Lochner v New York".
While this case has become so maligned as to be seen as anti-canonical, many Constitutional scholars are beginning to reexamine this case and even rehabilitate it.
What does this case have to tell us about the scope of government regulation of the gig economy and the freedom of contract? Thats exactly what we will be discussing today here on Categorical Imperatives.
1
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Supreme Court History: Stromberg v California (1931)
On the anniversary of this seminal free speech case in which the 14th amendment was used to incorporate first amendment protections of speech on a state level we discuss the history of the case, the court's ruling and the significance of this case.
Current events, law, politics & culture through a lens of legal and moral philosophy
1
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Natural rights & The Irrepressible Myth of Freedom of the Press
In this episode We talk about Julian Assange to better understand concepts, like natural law, natural rights and free expression. We also talk about the first amendment to show that what you currently believe about Constitutional Rights and Freedom of the Press is probably wrong
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events surrounding politics and culture
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Original 2nd Amendment: Meaning vs. Intent (Part 3)
The final video of my 3 part series examining an article about "The Founder's Second Amendment" Discussing how modern disagreements over the meaning and purpose of the second amendment is not borne of different political ideologies. Instead it is a difference of vastly different forms of constitutional and statutory interpretation . Its not Republican vs Democrat, or liberal vs. Conservative. But of Original Intent vs Original Meaning.
Original 2nd Amendment (Part 1) - https://youtu.be/Sy64avU4X_4
Original 2nd Amendment (Part 2) - https://youtu.be/n8Ln15BpUeg
Black Guns Matter - https://blackgunsmatter.myshopify.com/
Black Guns Matter Facebook Page - https://www.facebook.com/blackgunsmattermajtoure/
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Right To Privacy - Natural Law, Common Law, Constitutional Law
How do natural rights become negative liberties protected by positive law?
We start with the natural right to privacy, how it evolved under the common law, from Magna Carta to the fourth amendment.
We also look at how the fourth amendments failure to secure privacy is not the result of modern government surveillance in the digital age outpacing the law's ability to adapt, but instead is a cause of fundamental misconceptions of the original meaning of Amendment IV.
Who Was the Founding Father of the Fourth Amendment? - https://fee.org/articles/who-was-the-founding-father-of-the-fourth-amendment/
he Rights of the British Colonies Asserted and Proved - https://constitution.org/bcp/otis_rbcap.htm
Charter of Liberties - https://web.archive.org/web/20181115231358/http://www.britannia.com/history/docs/charter.html
Semayne's Case Law - https://definitions.uslegal.com/s/semaynes-case/
Amendment IV Case Law - http://press-pubs.uchicago.edu/founders/tocs/amendIV.html
History and Scope of Amendment IV - https://law.justia.com/constitution/us/amendment-04/01-search-and-seizure.html
Tenth Amendment Center "Path To Liberty" Podcast - https://www.youtube.com/playlist?list=PLZyloySS5-JSFKAMBG3B8uwpbk-n4H9p8
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Original 2nd Amendment: Meaning vs.Intent (Part 2)
We discuss the legal philosophies of Original Intent v Original Meaning in Constitutional law and how they have lead to such vastly different understandings of the meaning and purpose of the second amendment.
This is part two of a three part series.
Washington Post "What the Second Amendment Really Meant to the Founders" - https://www.washingtonpost.com/news/m...
Tenth Amendment Center Website - https://tenthamendmentcenter.com/
Current events, law, politics & culture through a lens of legal and moral philosophy
Original 2nd Amendment: Meaning vs.Intent (Part 1)
We discuss the legal philosophies of Original Intent v Original Meaning in Constitutional law and how they have lead to such vastly different understandings of the meaning and purpose of the second amendment.
This is part one of a three part series.
Washington Post "What the Second Amendment Really Meant to the Founders" - https://www.washingtonpost.com/news/m...
Tenth Amendment Center Website - https://tenthamendmentcenter.com/
Current events, law, politics & culture through a lens of legal and moral philosophy
1
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SOTU aftermath, free speech & legal illiterati
What's more petty & childish? Ripping up the President's speech or insisting that ripping up your own pieces of paper is a crime? Find out as we discuss
18 U.S.C. § 2071
United States v. Rosner, 352 F. Supp. 915 (S.D.N.Y. 1972)
And that pesky natural right everyone loves to hate. Free Speech.
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