Legale§e
144 episodes - English - Latest episode: 7 months ago -Legalese is a podcast discussing all things constitutional law, as well as current events in law, politics and culture. Support this podcast: https://podcasters.spotify.com/pod/show/legaleseshow/support
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Episodes
My Conversation with Mike Maharrey from Tenth Amendment Center About Futility Of Voting
September 01, 2021 12:15 - 50 minutes - 40.7 MBOn this episode of Categorical Imperatives we look ahead to the presidential election to ask a truly important question. Not what do you plan to do November 3rd 2020... What do you plan to do November 4th? It's easy to get swept up with Democrats and Republicans who will tell you "This is the most important election of our lifetime"... But it never is. I sat down for a conversation with Mike Maharrey of the Tenth Amendment Center about why greater individual liberty won't come at the ballo...
Habeas Corpus & The Mystery of the Peaceful Protests (or, The Great Charter's Greatest Chapter)
September 01, 2021 12:10 - 43 minutes - 29.6 MBToday 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 ensu...
Pence Shrugged - Why Trump Supporters Still Think He Can Win & Why They're Wrong
September 01, 2021 12:08 - 56 minutes - 38.7 MBToday I am going to be looking at a few videos put out by Doug TenNapel. Best known for a comic book that, if you grew up in the 1990's like I did, was one you were very familiar with. Earthworm Jim. He also does a podcast with the guys from Babylon Bee called Audio Mullet, and he is a Trump supporter. After my recent videos talking about the Trump Texas election lawsuits, which I got quite a bit of very encouraging feedback on (and I always appreciate when you guys give me feedback on the ...
DC Pushes For Statehood... In Spite Of The Constitution
September 01, 2021 12:03 - 28 minutes - 19.2 MBAs will surprise no one, there is a facially unconstitutional piece of legislation snaking its way through Congress - HR 51. The latest Democratic scheme to take what they cannot fairly win. In the past I have discussed their encouragement of a National Popular Vote (https://youtu.be/aQ3PXuJJRmc) Court Packing (https://libertarianinstitute.org/articles/the-constitutional-revolution-of-1937-or-the-irrespresible-myth-of-a-political-judiciary/) and schemes for democratic representation in the ...
Prohibition - A Lesson Unlearned
September 01, 2021 11:54 - 1 hour - 48.1 MB102 years ago today, the 18th Amendment was ratified , making alcohol prohibition the law of the land. Only 12 years later did our nation learn the difficult lesson that you cannot legislate morality and passed the 21st Amendment, repealing the 18th amendment. This is the only time in the history of the Republic an amendment has been unamended. Just about every American can explain the reasons for it's failure & rattle off a fairly accurate list of reasons why the treatment was worse than th...
Sovereign Citizen 2: Electric Boogaloo (A Legal Response To Myths About The American Legal System)
September 01, 2021 11:44 - 56 minutes - 39 MBIn this episode we continue our discussion of the Sovereign Citizen movement. This is a legal response to sovereign citizen claims about American jurisprudence. A serious and sincere reply. Even if you aren't interested in the Sovereign Citizen aspects I took the opportunity to give a broad and comprehensive treatment of American Jurisprudence. We will touch on many important aspects of US law and the American legal system. This video works well for anyone as a primer to the aspects of the ...
Supreme Court History: Stromberg v California (1931)
August 30, 2021 19:53 - 19 minutes - 13.7 MBOn 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 Follow & SupportTo find the show on other platforms, find the articles I publish about law & moral philosophy or follow me on social media: LBRY - https://lbry...
Supreme Court History: Lochner v New York (1905)
August 30, 2021 19:51 - 20 minutes - 14.4 MBWith 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 sch...
Supreme Court History: U.S. v Lopez (1995)
August 30, 2021 19:47 - 22 minutes - 15.3 MB*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 a...
A Look At The History Of Popular Sovereignty
August 30, 2021 19:44 - 49 minutes - 34 MBToday we will be discussing the meaning of Sovereignty across time. From the Compact theory of individual sovereignty in Natural Law, to the development of government by consent in the English common law, the doctrine of sovereign immunity and the uniquely American concept of popular sovereignty as expressed in Constitutional law. This will include a gallop through early American history between 1787-1795 as our Founder's developed what is now our modern understanding of sovereignty of the s...
To Keep and Bear Arms 2: Militia Boogaloo (Sometimes a duty, Ever a Right Part Two)
August 30, 2021 19:42 - 34 minutes - 23.8 MBOn 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 Keep and Bear Arms: Sometimes a duty, Ever a Right (Part One)
August 30, 2021 19:39 - 44 minutes - 30.6 MBOn 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...
Trump's Pence Problem (Or, How I learned To Stop Worrying & Love The Election)
August 30, 2021 19:36 - 51 minutes - 35.5 MBToday On Categorical Imperatives I take a look at the insanity of Trump and his increasingly unhinged base of supporters who cannot accept the fact that he lost the election and their desperate straw-grasping for any hope and pearl clutching schemes. But at this point there is really only one possible outcome. Trump is going to continue down the same hilarious path of denial and delusion that Hillary did in 2016, and even if he did succeed, as I point out at the beginning of the episode, th...
What Is American Constitutional Republicanism?
August 30, 2021 19:33 - 1 hour - 41.7 MBIt 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 present...
Trump's Twitter Trashing Tirade
August 26, 2021 02:42 - 32 minutes - 22.2 MBOn 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 Follow & Support To find the show on other platforms, find the articles I publish about law & moral philosophy or follow me on social media: LBRY - https://lbry.tv/@CategoricalImpe...
Why the Tenth Amendment Center is Wrong about the Fourteenth Amendment\
August 26, 2021 02:19 - 32 minutes - 22.4 MBWe discuss the 14th Amendment, Incorporation Doctrine, Substantive Due Process and what is the real world effect these Constitutional doctrines have on public discourse, jurisprudence and individual liberty Previous video on Incorporation Doctrine - https://youtu.be/-YQinwxV4GM Path To Liberty - https://blog.tenthamendmentcenter.com/2020/03/quarantine-states-feds-and-the-constitutions/ Was the Bill of Rights Meant to Apply to the States? By Mike Maharrey - https://tenthamendmentcenter.com...
Making Sense Out Of A Senseless War: A Discussion with Scottt Horton
August 21, 2021 18:00 - 33 minutes - 22.9 MBMy latest discussion with Scott Horton --- Support this podcast: https://podcasters.spotify.com/pod/show/legaleseshow/support
Is Paper Money Constitutional: The Tenth Amendment Center Gets The Coinage Clause All Wrong
August 20, 2021 03:05 - 45 minutes - 25.8 MBIn a recent article by Jacob Hornberger, published by the Tenth Amendment Center called "Why Is Paper Money Constitutional?" They just can't seem to get anything right. It's frankly a shocking abandonment of any pretense of Originalist Interpretation for something that really sounds more like a libertarian argument for a living Constitution. We go through the Article point by point and examine why this article is more than just a difference of opinion between myself and a group of people wh...
The Legal Tender Cases: What Libertarians Get Wrong About Founders And Fiat
August 20, 2021 02:58 - 1 hour - 43.8 MBThis episode looks at the legal Tender Cases and their relation to our last episode from yesterday discussing an article about how libertarians and sound money advocates forget themselves and get the Constitution wrong, IN SPITE OF their own values, not because of them.... Legal Tender Cases, 79 U.S. 457 (1870) - https://supreme.justia.com/cases/federal/us/79/457/ Knox v. Lee, 79 U.S. (12 Wall.) 457 (1871) - https://en.wikipedia.org/wiki/Knox_v._Lee Hepburn v. Griswold, 75 U.S. (8 Wall.) ...
The Bill Of Rights As A Term Of Art (Part II)
August 20, 2021 02:45 - 59 minutes - 34.1 MBEpisode #50 Justice Hugo Black famously said that the bill of rights is the heart of the Constitution. Contemplating what he meant by that is an interesting question to ponder. But even more compelling is asking the question what exactly is the Bill Of Rights? Because the first 10 amendments to the Constitution were never consistently even considered A bill of rights, and certainly not THE Bill Of Rights. This only occurs around the time Justice Hugo Black said these amendments were the bi...
The Heart Of The Constitution - How the Bill of Rights Became the Bill of Rights
August 19, 2021 17:59 - 37 minutes - 26 MBCategorical Imperatives Episode # 25 Happy Bill of Rights Day! Today on Categorical Imperatives I thought it would be fitting to celebrate Bill of Rights Day (The day in 1791 the first 10 amendments to the Constitution) by discussing very new research that is completely rewriting the history of our so-called Bill of Rights.We will discuss how the bill of rights wasn't seen as a bill of rights until 941. That anytime someone tries to put this label on the first ten amendments it has ALWAYS b...
Sedition: An American Virtue
August 19, 2021 16:40 - 40 minutes - 27.7 MBIn today's episode of Categorical Imperatives I attempt to rehabilitate the term "Sedition". We have heard it used a great deal lately and always as a negative. I wish to suggest and show that Sedition is a distinctly American virtue that should be treasured instead of shunned. I will discuss the deplorable truth of our past Sedition laws, namely those of 1798 and 1918 and use them to show you why people, largely on the left, calling for new Sedition laws following the January 6th storming o...
Planned Parenthood v Casey (1992) - Today In Supreme Court History
August 19, 2021 05:32 - 21 minutes - 12.1 MBEpisode #41 Today on Categorical Imperatives we do our latest installment of "Today In Supreme Court History. This is the 1992 case that sought to overturn Roe v Wade, but ended up reaffirming Roe, however with some very interesting changes to the original decision. This case had a fascinating treatment of a number of areas of 14th amendment jurisprudence including it's shifting views on the application of substantive due process & judicial scrutiny. As well as an odd an unique approach to ...
My Discussion With Scott Horton
August 19, 2021 05:04 - 53 minutes - 30.3 MBToday on Categorical Imperatives we are talking to the one and only Scott Horton. Scott is founder of the Libertarian Institute, editorial director of Anti-War.com, host of the Scott Horton show and has written several books, including his most recent: "Enough Already - Time to end the war on terror, You can find him at these sites: The Libertarian Institute - https://libertarianinstitute.org/ AntiWar.com - http://www.antiwar.com/ The Scott Horton Show - https://scotthorton.org/ Enough A...
My Discussion With Scott Horton
August 19, 2021 05:04 - 53 minutes - 97.1 MBToday on Categorical Imperatives we are talking to the one and only Scott Horton. Scott is founder of the Libertarian Institute, editorial director of Anti-War.com, host of the Scott Horton show and has written several books, including his most recent: "Enough Already - Time to end the war on terror, You can find him at these sites: The Libertarian Institute - https://libertarianinstitute.org/ AntiWar.com - http://www.antiwar.com/ The Scott Horton Show - https://scotthorton.org/ Enough A...
Sedition: An American Virtue
August 19, 2021 04:24 - 40 minutes - 74 MBIn today's episode of Categorical Imperatives I attempt to rehabilitate the term "Sedition". We have heard it used a great deal lately and always as a negative. I wish to suggest and show that Sedition is a distinctly American virtue that should be treasured instead of shunned. I will discuss the deplorable truth of our past Sedition laws, namely those of 1798 and 1918 and use them to show you why people, largely on the left, calling for new Sedition laws following the January 6th storming o...
Who Reigns Supreme In Britain
August 19, 2021 04:23 - 44 minutes - 25.5 MBOn a recent episode I did about the American conception of Popular Sovereignty I was asked how Sovereignty works in England, and it's actually a pretty damn interesting question to answer. This gave me a chance to touch on much of my most favorite areas of the study and practice of law: Constitutional law, Common Law & Comparative all mixed in with the fascinating history of power struggle and usurpation that made Britain a nation known for it's rule by consent and strong sense of English li...
Who Reigns Supreme In Britain
August 19, 2021 04:23 - 44 minutes - 81.6 MBOn a recent episode I did about the American conception of Popular Sovereignty I was asked how Sovereignty works in England, and it's actually a pretty damn interesting question to answer. This gave me a chance to touch on much of my most favorite areas of the study and practice of law: Constitutional law, Common Law & Comparative all mixed in with the fascinating history of power struggle and usurpation that made Britain a nation known for it's rule by consent and strong sense of English li...
Cannabis, Commerce & the Constitution: The Lessons of Gonzalez v Raich (2005)
August 19, 2021 04:15 - 29 minutes - 16.8 MBToday we have another installment of a series that has consistently been some of my personal favorite episodes and that consistently get 2x or 3x the views of other videos. Today In Supreme Court History. As of the day I am recording this, June 8th in 2005 the Supreme Court issued their opinion in the case of Gonzalez v Raich (2005) This case has relevance to innumerable aspects of Constitutional Law. This case is regarded prima Facie, as a Commerce Clause case (Article I, § 8, Clause 3) - ...
To Beat, Or Not To Beat - How activists condemn the very thing they created
August 19, 2021 04:11 - 16 minutes - 9.5 MBEpisode #52 In this episode we will be revisiting a recent controversy when Ocean City Police assaulted a group of people doing nothing wrong. I want to discuss how advocates who condemn the enforcement of the very law they insistently got passed. Campaign For Tobacco Free Kids tweet - https://twitter.com/TobaccoFreeKids/status/1404536501828993027?s=20 Maryland's "Stop and Identify" statute (Md. Criminal Code §4-206) Maryland Tobacco Use & Public Smoking Laws - (Article, 2-106(b)(4) and ...
I got 99 Problems, But 230 Ain't One
August 19, 2021 03:52 - 49 minutes - 28.2 MBEpisode #54 In this episode we discuss Section 230's Legal meaning Bootleggers and Baptists: https://en.wikipedia.org/wiki/Bootleggers_and_Baptists Section 230 Bootleggers and Baptists: https://reason.com/volokh/2020/05/29/section-230-bootleggers-and-baptists/ 47 U.S. Code § 230: https://www.law.cornell.edu/uscode/text/47/230' CERTIORARI -- SUMMARY DISPOSITIONS 19-1046 PHAM, TONY H., ET AL. V. RAGBIR, RAVIDATH L., ET AL. ' https://www.supremecourt.gov/orders/courtorders/100520zor_3204...
What Is an Assault Weapon - An Open Letter To Gun Control Advocates
August 19, 2021 03:48 - 1 hour - 43.1 MBToday on Categorical Imperatives I want to talk about some common gun control myths and push back on a lot of the misinformation that comes from both politicians and the media and most importantly, from the White House. Joe Biden has a long history of supporting severe gun control laws that are often based on outright lies about non-existent loopholes, imaginary classes of weapons and lies about the functionality of firearms such as the AR-15 and outright dishonest use of terminology such as...
Second Amendment Sanctuaries - Featuring Mike Maharrey of the Tenth Amendment Center
August 17, 2021 05:51 - 40 minutes - 32.5 MBWhile Second Amendment Sanctuaries are a fantastic idea, there is a big problem. People who believe they live in a 2A sanctuary city or state often are mistaken. Mike Maharrey of the Tenth Amendment Center joins me to discuss what the truth is about Second Amendment Sanctuaries, what are some myths surrounding them & what you can do to on a state or local level to prevent federal encroachment on your right to keep and bear arms. https://www.michaelmaharrey.com/ https://tenthamendmentcenter...
Originalism And Textualism: A Complete Guide To Their Understanding & Application
August 17, 2021 05:23 - 51 minutes - 35.2 MBOriginalism and Textualism are judicial philosophies few people have a good understanding of. In fact some of the more absurd misconceptions I have heard espoused about these methods of interpretation came from people who profess to be originalists or textualists. The fact is there is very little good information out there on which to base your opinion and understanding of these concepts unless you are someone who spends a great deal of time in law libraries and have an inclination to buckle...
Julian Assange, Freedom Of The Press & The Myth Of Constitutional Rights
August 17, 2021 05:10 - 37 minutes - 25.6 MBEpisode #57 Today on Categorical Imperatives we will be discussion Julian Assange and Constitutional law. For those not following the legal battle being fought right now in both England and America by their respective government's solicitors general and the counsel for Assange, we recently learned that the governments main witness in the case brought against Assange for espionage admitted to completely fabricating his allegations. about Assange to the FBI. I thought I would take the unrave...
All Gun Control Is Racist
August 17, 2021 04:56 - 20 minutes - 16.4 MBEpisode #58 In this episode we will be discussing a statement put out by the ACLU claiming the second amendment is white supremacy and anti-blackness. So we will be touching on sill the ways that is a legal absurdity. Then we discuss why it is gun control, if anything, is inherently racist. Follow & Support PayPal.Me - https://www.paypal.com/paypalme/categoricalimperativ All Paypal Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58¤cy_code=USD Venmo Donations - http://...
ACLU jumps the shark condemning the second Amendment
August 17, 2021 04:56 - 22 minutes - 20.8 MBEpisode #58 In this episode we will be discussing a statement put out by the ACLU claiming the second amendment is white supremacy and anti-blackness. So we will be touching on sill the ways that is a legal absurdity. Then we discuss why it is gun control, if anything, is inherently racist. Follow & Support PayPal.Me - https://www.paypal.com/paypalme/categoricalimperativ All Paypal Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58¤cy_code=USD Venmo Donations - http://...
McCulloch v Maryland (Part One) - Today In Supreme Court History
August 17, 2021 04:51 - 23 minutes - 19 MBEpisode #58 Today on Categorical Imperatives we return to my favorite (and mot popular & requested by you, dear viewers!) series "Today In Supreme Court History" Because it is impossible to sit around and wait for a date celebrating the anniversary of the cases covered the "Today" in Today In Supreme Court History merely signifies today is the day I decided to make a video about a classic case of American Jurisprudence. McCulloch v. Maryland, 17 U.S. 316 (1819) - https://supreme.justia.co...
McCulloch v Maryland (Part Two Necessary & Proper)
August 16, 2021 10:32 - 28 minutes - 22.6 MBEpisode #59 Today we continue with the latest video for my ongoing series "Today In Supreme Court History" with the second installment in a three part series I am doing on the foundational Constitutional law case of McCulloch v. Maryland, 17 U.S. 316 (1819) A case which is considered by some of our most prominent lawyers, jurists & scholars to be the most important case in the corpus of constitutional law. People like Rob Natelson, Randy Barnett, Josh Blackman, David Schwartz. As well as n...
McCulloch v Maryland (Part Three A Destructive Legacy)
August 16, 2021 10:26 - 43 minutes - 34.9 MBEpisode # 60 Today on Categorical Imperatives we arrive at the 3rd and final video in my series on McCulloch v Maryland (1819) This case is widely considered the most consequential, important case the corpus of Constitutional case law. It is foundational to the historical construction of the 'Necessary & Proper clause', it did more to shape the doctrine of judicial review than the more well known Marbury v Madison (1803) case. McCulloch also created a precedent for what we now refer to as ...
No MSNBC, Libertarians DO NOT Support Vaccine Mandates
August 16, 2021 10:13 - 29 minutes - 24 MBEpisode #61 Today on Categorical Imperatives... For some ridiculous reason libertarian legal scholar Ilya Somin appeared on MSNBC to explain why libertarians support vaccine mandates. Today's episode we will be examining the clip of that appearance, discussing why the answers he gives are bullshit, why he should not have gone on to give some two-bit political progressive agitator posing as a journalist any sense of credibility and I will be giving my own response to the questions do libertari...
Supreme Court vs. The Second Amendment (Supreme Court Round-up- The good, the bad & the ugly)
August 16, 2021 07:02 - 30 minutes - 21.1 MBIn this episode we consider the future of the Second Amendment. In a recent episode about the 9th Circuit carry case Young v Hawaii (2021) I speculated that the Second Amendment is well on it's way to being swept into the dustbin of repudiated Constitutional principles. No one likes to admit they may have been wrong, in this case I make an exception. We discuss a recenty decided case and a fast approaching case and I will explain why I hope these cases may prove me wrong. But I also explain ...
Categorical Imperatives (Trailer)
August 15, 2021 07:02 - 36 seconds - 572 KB--- Send in a voice message: https://anchor.fm/categoricalimperatives/message Support this podcast: https://anchor.fm/categoricalimperatives/support
Legale§e (Trailer)
August 15, 2021 07:02 - 20 seconds - 333 KB--- Support this podcast: https://podcasters.spotify.com/pod/show/legaleseshow/support