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Ignorance Of The Law: Rent Control Edition
Today on Legalese, as part of my ongoing series "Ignorance Of The Law" where we laugh at the fact that ignorance of the law may not be an excuse for breaking the law, but it's often an excuse for making an enforcing the law. Today we discuss the ignorance of Rent Control by looking at a recent John Oliver segment talking about the need for rent control and we look at a series of rent control laws passed in the Twin Cities that are considered to to be the strictest Rent Control Laws in the country.
Studies and Related Links
The Atlantic - We need more luxury housing, not less https://www.theatlantic.com/ideas/archive/2021/04/theres-no-such-thing-luxury-housing/618548/
Rent Control is fashionable again. But still a bad idea - https://reason.com/2021/12/10/rent-control-is-fashionable-again-its-still-a-bad-idea/
Increasing Acceptance of Housing Vouchers Among Landlords: A Piece of the Affordability Puzzle - https://bipartisanpolicy.org/blog/increasing-acceptance-of-housing-vouchers-among-landlords-a-piece-of-the-affordability-puzzle/
Landlord Participation Study - https://www.huduser.gov/portal/pdredge/pdr-edge-research-052819.html
Does Affordable Housing Make the Surrounding Neighborhood Less Affordable? - https://reason.com/2022/06/13/does-affordable-housing-make-the-surrounding-neighborhood-less-affordable/
Affordable homes don’t increase crime or dent Orange County property values, says UCI study - https://www.ocregister.com/2022/06/02/uci-study-finds-affordable-homes-dont-dent-oc-property-values-or-increase-crime/amp/
Developers Halt Projects, Mayor Demands Reform After St. Paul Voters Approve Radical Rent Control Ballot Initiative - https://reason.com/2021/11/10/developers-halt-projects-mayor-demands-reform-after-st-paul-voters-approve-radical-rent-control-ballot-initiative/
America's Most Controversial Rent Control Law Is Getting a Hasty Makeover - https://reason.com/2022/03/22/politicians-scramble-to-define-amend-repeal-the-nations-most-controversial-rent-control-law/
Robbing Peter to Pay Paul? The Redistribution of Wealth Caused by Rent Control https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4061315
Wealthy, Older Tenants in Manhattan Get Biggest Boost From Rent Regulations - https://www.wsj.com/articles/wealthy-older-tenants-in-manhattan-get-biggest-boost-from-rent-regulations-11560344400
NMHC Rent Control Update: Multifamily Firms Reconsider Investments in Rent Control Markets - https://www.nmhc.org/news/nmhc-news/2022/nmhc-rent-control-update-multifamily-firms-reconsider-investments-in-rent-control-markets/
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The Originalist Privileges and Immunities Clause
Today by special request, we have a great episode that asks How can Substantive Due Process rights be transferred to the privileges and immunities clause.
We look at the history of "Privileges & Immunities" from its common law and colonial American beginning, to the Articles Of Confederation, Article 4, Corfield v Coryell and reconstruction era civil rights legislation to inform us of what the Privileges or Immunities clause was understood by those who gave it legal force. We also discuss a general framework under which enumerated and unenumerated rights protected under the due process clause could be transferred to the privileges or immunities clause.
Case Briefs and Legal Resources
Dobbs v Jackson Whole Women's Health - https://supreme.justia.com/cases/federal/us/597/19-1392/
McDonald v. Chicago: https://supreme.justia.com/cases/federal/us/561/742/
Saenz v. Roe, 526 U.S. 489 (1999) - https://supreme.justia.com/cases/federal/us/526/489/
Slaughterhouse Cases :: 83 U.S. 36 (1872) - https://supreme.justia.com/cases/federal/us/83/36/
United States v. Cruikshank, 92 U.S. 542 (1875) - https://supreme.justia.com/cases/federal/us/92/542/
McDonald v Chicago Amicus Briefs - https://www.scotusblog.com/case-files/cases/mcdonald-v-city-of-chicago/
Clarence Thomas McDonald v Chicago Opinion (Edit) - https://constitutionallaw.substack.com/p/clarence-thomas-mcdonald-v-chicago?r=jkc76&s=w&utm_campaign=post&utm_medium=web
Past Episode Mentioned In This Episode
Constitutional Revolution of 1937 - https://youtu.be/5CyUMQeEgqA
Roe v Wade - Roe v Wade (1973) - https://www.youtube.com/watch?v=Y6yb3H54Y7A
Planned Parenthood v Casey - https://www.youtube.com/watch?v=6OB_ehOL6Uc
Clarence Thomas Is Right - https://www.youtube.com/watch?v=Of2X3eRjSPI
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31
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Supreme Court Roundup - Chevron Deference Edition
12:50 CORRECTION - Utility Air 573, U.S. is NOT a regulation.
It refers to the case Utility Air Regulatory Group v. EPA, (2014)
Today on Legalese, we are looking at 2 recent Supreme Court Opinions that curbed the legal doctrine in administrative law known as Chevron Deference.
American Hospital Association v. Becerra, 596 U.S. ___ (2022) - https://www.supremecourt.gov/opinions/21pdf/20-1114_09m1.pdf
West Virginia v Environmental Protection Agency, 596 U.S. ___ (2022) - https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf
And how in both cases the Court finally made meaningful changes to begin to curb the seemingly endless power assumed to be delegated to Executive Agencies under Administrative Law.
Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014) - https://supreme.justia.com/cases/federal/us/573/302/
42 U.S. Code § 1395l - Payment of benefits - https://www.law.cornell.edu/uscode/text/42/1395l
42 U.S. Code § 7411 - Standards of performance for new stationary sources - https://www.law.cornell.edu/uscode/text/42/7411
And we bid a fond farewell to Justice Steven Breyer!
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Clarence Thomas Is Right
Stare Decisis is a Latin phrase, commonly used in law that roughly translates to:
“Let wrong decisions of the Warren Court stand”
Regardless of your personal opinion in the Pro-Life/Pro-Choice debate , Roe v Wade was a terrible opinion bereft of even a modicum of legal merit and substantive due process is a garbage legal doctrine invented out of thin air by the Warren Court a century after the 14th amendment was ratified.
The only people who could disagree with that statement are people who have never read the actual case brief for Roe v Wade and never bothered to so much as read the 14th amendment, much less earnestly try to give it a good faith interpretation.
Full Case Brief - Roe v. Wade, 410 U.S. 113 (1973) - https://supreme.justia.com/cases/federal/us/410/113/
Today In Supreme Court History - Roe v Wade (1973) - https://www.youtube.com/watch?v=Y6yb3H54Y7A
The 14th Amendment & Incorporation Doctrine - https://youtu.be/LUY7eRa3iVk
Clarence Thomas was right to say as much in his concurrence in Dobbs. This is a position He (and much less importantly I) have held for many years.
A careful reading of Thomas’ opinion is, in many respects, less detrimental to the protection of unenumerated rights, secured by substantive due process than either Justice Alito’s majority opinion and Justice Kavanaugh’s concurring opinion.
This is because he is the only one who suggests how the 14th amendment could be used in its original public meaning to secure many of the unenumerated rights that have been created with the imaginary theory of substantive due process , through the original public meaning of the 14th amendment’s Privileges & Immunities Clause
AMENDMENT XIV, SECTION 1
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States....
In this episode we briefly discuss why Thomas is right and why those on the left who have turned into violent racist bigots over this decision are demonstrating a new low in their pursuit of political ends through mostly peaceful violence and mostly non-racist racism
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We Have A Decision In The Bruen Carry Case!
WE have an opinion in the New York State Rifle and Pistol Association v Bruen concealed carry case, and the news is VERY, VERY good!!! Clarence Thomas came through with an incredible majority opinion that will spell the end of the restrictive "May Issue" licensing schemes in States like New York that say the right of self-defense is not reason enough to be able to exercise your right to armed self defense.
In This video I go through the Court's primary holding and pull out the key information from the Majority Opinion from what is a 135 page case brief, that I read so you don't have to.
(Actually everyone really should read it. But for those on the go I give you all the important information to understand the ruling in this case and its legal significance.)
Read the full NYSRPA v Bruen Opinion Here - https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf
Past Videos of Mine About The Bruen Case:
Tim Pool Doesn't Get The Bruen Case - https://youtu.be/8wotWTZlMl4
Disarming Gun Control: An Open Letter To Gun Control Advocates - https://youtu.be/uMDHCR8Kt80
Disarming Gun Control: An Open Letter To Gun Control Advocates (Part Two) - https://youtu.be/drwI3X3rz80
The Second Amendment Is Going Back To Court - https://youtu.be/gIMSj8qz5R0
The Supreme Court vs The Second Amendment (Supreme Court Roundup: The Good, Thee Bad & The Ugly) - https://youtu.be/QizuUeT7p6w
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Tim Pool Doesn't Get The Bruen Case
The other day on Twitter the notable YouTuber and world-class milquetoast fence sitter, Tim Pool tweeted about the upcoming Supreme Court Opinion in Jackson and Bruen. Saying if the Court overturns Roe and Casey and also rules on Nationwide Constitutional Carry there will be less rioting. While there are myriad problems with this tweet the one that really grinds my gears was his insistence the court could rule on nationwide constitutional carry.
After reaching out to Tim to verify if this was meant to be ironic or if it was a genuine statement and it became clear that not only he, but his many followers all genuinely believe this is the most likely outcome, despite the fact this is a constitutional and procedural impossibility.
After trying to explain and finding 240 characters not being nearly enough to refute such a complicatedly wrong belief I decided to make this video.
Not only will it hopefully explain to the thousands of people espousing this with nothing but an assumption it must be correct why it is LITERALLY impossible for the court to make any ruling about constitutional carry and LITERALLY impossible the outcome of Bruen will be a nationwide anything, its also a great primer for those who are interested in this case to help explain what the case is about or to remind you of the importance facts, issues, the question presented and the potential judgement so when the case comes out you will have a fresh understanding of the arguments that were made in the cert petitions and oral arguments heard last November.
See Related Episodes From The Past:
Disarming Gun Control (Part One) - https://youtu.be/uMDHCR8Kt80
Disarming Gun Control (Part Two) - https://youtu.be/drwI3X3rz80
Second Amendment Goes Back To Court - https://youtu.be/gIMSj8qz5R0
Supreme Court 2nd Amendment Roundup - https://youtu.be/QizuUeT7p6w
All Gun Control Is Unconstitutional - https://youtu.be/38PowOyMN4M
What The Heller? - https://youtu.be/1yqvw3E5mvA
What Is An Assault Weapon? - https://youtu.be/FHt1hER8Las
Cooper v Aaron - https://youtu.be/5PM4cEzkxzc
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Supreme Court Roundup: Criminal Justice Reform Edition
Today on Legalese we begin with a Supreme Court Roundup, where we will be going over all the major decision from the Court that they have been putting out since late May and will continue to put out until, at least, their final scheduled sate for this session, July 2nd.
Today we look at two recent opinions regarding issues of criminal justice reform. These Include
Shinn v. Martinez Ramirez, 596 U.S. ___ (2022) - https://supreme.justia.com/cases/federal/us/596/20-1009/
and
Egbert v. Boule, 596 U.S. ___ (2022) - https://www.supremecourt.gov/opinions/21pdf/21-147_g31h.pdf
Shinn was a 6th amendment case to define the role of Federal Habeas Relief in an appeal of a State criminal law conviction. Despite the fact two men on death row in Arizona and are seeking appeal on the merits based on new exculpatory evidence of incompetent representation in the state trial and post conviction as well as exculpatory evidence of actual innocence, the court ruled that for procedural reasons there is no valid cause of action for the kind of federal appellate review being sought.
Egbert v Boule dealt with a man seeking relief for an alleged violation of his 1st and 4th amendment rights by a U.S. Border Patrol Agent under the precedent set in Bivens v Six Unknown Federal Narcotics Agents (1971). In Bivens claims, private individuals may sue FBI agents for violating their Fourth, Fifth, and/or Eighth Amendment rights.
This case was also denied on procedural grounds that Boule's remedy sought under the Federal Tort Claims Act was in a new and distinct context than the precedent set in Bivens, a case whose propriety has been controversial for many years and has had 11 cases seeking relief under the Bivens claim were denied review and only two have been accepted, but in both cases the appellant lost on the merits.
I do my best to give you a recap with all the necessary information to understand case's basis in fact and law in a way that will be helpful for people whether these areas of federal law are entirely foreign to you, if you are having trouble with two cases that are very complex and hard to truly sort out without a background in the study of relevant jurisprudence. You will understand the decision, how it was reached and what the implications of these cases may likely be as precedent in the future.
Ziglar v. Abbasi, 582 U. S. ___ (2017) - https://supreme.justia.com/cases/federal/us/582/15-1358/
Hernández v. Mesa, 589 U. S. ___ (2020) - https://supreme.justia.com/cases/federal/us/589/17-1678/
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Red Flag Laws - What The Media and Politicians Refuse To Tell You
Episode #11
We just found out that the Senate has finished drafting its bipartisan gun control law and are being told by both parties they have the 60 votes needed to pass it. While we don't have the bill text yet one thing we can be very sure of is that it contains a red flag modeled after Jerry Nadler's 2019 House bill.
What does that entail, and what crucial piece of information about red flag laws have media and politicians completely overlooking that you should know before deciding on the wisdom and efficacy of this proposed bill.
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Legalese is a podcast that discusses current events in law, politics & culture
House Judiciary Committee drafts Red Flag Law - https://rollcall.com/2022/05/31/house-judiciary-committee-sets-vote-on-gun-control-proposals/
Why this policy has bipartisan appeal? - https://www.npr.org/2019/08/20/752427922/poll-americans-including-republicans-and-gun-owners-broadly-support-red-flag-law
Do Red Flag Laws Work? - https://reason.com/2019/10/06/states-are-depriving-innocent-people-of-their-second-amendment-rights/
Red Flag in Buffalo shooting - https://reason.com/2022/05/18/the-buffalo-massacre-illustrates-the-inherent-limitations-of-red-flag-laws/
New York Red Flag Law - https://www.nysenate.gov/legislation/laws/CVP/6341
Rand Corporation Mass Shooting Study - https://www.rand.org/research/gun-policy/analysis/essays/mass-shootings.html
2012 DOD Study - https://apps.dtic.mil/dtic/tr/fulltext/u2/a565355.pdf
Alexander Scherr Hastings Law Journal - http://heinonline.org/HOL/Page?handle=hein.journals/hastlj55&div=3&g_sent=1&collection=journals
Jerry Nadler 2019 Red Flag Bill - https://reason.com/2019/09/12/this-awful-house-bill-would-promote-gun-confiscation-without-due-process/
►00:00 Introduction
►03:41 Red Flag Law Essential Facts
►28:50 Baker Acts
►33:25 Conclusion and Upcoming videos
►39:07 Nadler Advocates For Mass Murder
►40:20 Closing and Credits
47
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Ignorance Of The Law: When A Bee Is A Fish, Everything Is Stupid
Episode #10
In this episode of Legalese, we start a brand no segment I will be doing occasionally moving forward that I am calling "Ignorance Of The Law"...
We discuss a recent ruling out of the California Court of Appeals for the Third District that found under the California Endangered Species Act, 4 species of Bumble Bees now qualify as fish to get endangered species protection status.
This is a great reminder that while ignorance is no excuse for breaking the law, ignorance is an excuse for writing and enforcing the law.
CA Endangered Species Act - https://wildlife.ca.gov/Conservation/CESA
Court Opinion - https://www.courts.ca.gov/opinions/documents/C093542.PDF
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Disarming Gun Control: An Open Letter To Gun Control Advocates (Part Two)
If you have not seen part one yet, you should definitely watch that first to fully appreciate my building off of it in this video: https://youtu.be/uMDHCR8Kt80
Today on Legalese we will be discussing the issue dripping from everyone’s lips across the nation. The balancing act between gun rights and stricter gun control. Gun rights and gun control are not a new topic to this channel, In fact I have assembled a playlist of past videos touching on this subjects quite a few times from quite a few different perspectives (See List Below)
Today’s video will be the second in a two part series looking at the best arguments for current gun control proposals,. Today's episode if focused on exposing and explaining the myths that constituted Joe Biden's response to the recent Uvalde shooting.
In it he makes false claims about so-called "assault weapons", the assault weapon ban, the supposedly evil puppy hating, father raping baby killers that are collectively known as "the gun lobby", makes bogus claims about the frequency of school shootings and of mass shootings in comparison to other countries. and the multi-level deceptive non-argument that any restriction on natural rights and civil liberties are justified if it saves even one single, solitary life.
Past Episodes on Gun Rights & Gun Control - https://youtube.com/playlist?list=PL6NjbXOax5B01cxNekIOVZj-PQzyMY17c
Why Background Checks Do Not Stymie Mass Shooters - https://reason.com/2022/05/17/why-background-checks-do-not-stymie-mass-shooters/
Public Mass Shootings: Database Amasses Details of a Half Century of U.S. Mass Shootings with Firearms, Generating Psychosocial Histories - https://nij.ojp.gov/topics/articles/public-mass-shootings-database-amasses-details-half-century-us-mass-shootings
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Disarming Gun Control: An Open Letter To Gun Control Advocates
Today on Legalese we will be discussing the issue dripping from everyone’s lis across the nation. The balancing act between gun rights and stricter gun control. Gun rights and gun control are not a new topic to this channel, In fact I have assembled a playlist of past videos touching on this subjects quite a few times from quite a few different perspectives (See List Below)
Today’s video will be the first in a two part series looking at the best arguments for current gun control proposals, such as expanded background checks, assault weapons bans, Red flag laws, Discussing if it is indeed too easy for people with sinister motives to get their hands on a gun legally and more.
Where this video will differ from past videos is that while my usual position when it comes to all individual rights, namely that I like my civil liberties the same way I likes my women. Strictly enumerated, vigorously protected and absolute… I will instead be adopting a more middle of the road position.
Because this video is a genuine attempt to write an open letter to gun control advocates and meet them halfway. Which is why this video is premised on my uncritically accepting the assumption that: “If a policy for stricter gun control could be shown to have a demonstrable effect on numbers of gun violence and mass shootings, it would be worth curbing gun rights to implement that policy”
I am doing it this way because I believe most gun control advocates are arguing their positions in good faith, under the belief their proposals will reduce future gun violence and I also believe it can be demonstrably shown these arguments are made off a lack of information that means their proposals would be entirely unhelpful and in some cases, they are arguing for policies that are already in practice and vigorously enforced.
Past Episodes on Gun Rights & Gun Control - https://youtube.com/playlist?list=PL6NjbXOax5B01cxNekIOVZj-PQzyMY17c
HR8 https://www.congress.gov/bill/117th-congress/house-bill/
2021 Morning Consult Poll Background Checks - https://morningconsult.com/2021/03/10/house-gun-legislation-background-checks-polling/
Business Insider “I tried to buy a gun at Walmart twice, and roadblocks left me empty-handed both times” - https://www.businessinsider.com/walmart-gun-buying-review-virginia-store-2019-8
Washington Free Beacon “Store Owner: Undercover CBS Purchase of AR-15 Broke Federal Law” - https://freebeacon.com/issues/gun-store-contacts-atf-virginia-police-undercover-cbs-news-purchase-ar-15/
Washington Examiner “Columnist fails gun check, blames store owners” - https://www.washingtonexaminer.com/columnist-fails-gun-check-blames-store-owners
18 USC § 922(d) - https://www.law.cornell.edu/uscode/text/18/922
Meena Harris Tweet - https://twitter.com/meena/status/1529216221266079744
Uvalde school shooting: Teen gunman bought AR-15 style rifle day after he turned 18 - https://www.houstonchronicle.com/news/houston-texas/texas/article/uvalde-school-shooting-guns-17196715.php
Why Background Checks Do Not Stymie Mass Shooters - https://reason.com/2022/05/17/why-background-checks-do-not-stymie-mass-shooters/
Public Mass Shootings: Database Amasses Details of a Half Century of U.S. Mass Shootings with Firearms, Generating Psychosocial Histories - https://nij.ojp.gov/topics/articles/public-mass-shootings-database-amasses-details-half-century-us-mass-shootings
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The Trial Of Aaron Burr
Today on Legalese we will be talking about that one time Thomas Jefferson acted like a true tyrant and Chief Justice John Marshall acted as a true hero in the cause of individual liberty and due process… This is the trial of Aaron Burr… and if you think you know what crime he was being charged with, your may be surprised.
Now it was today, May 22nd in 1807 that Aaron Burr was charged with high treason and would go on trial for his life. This case was of fundamental significance to questions of governmental power and individual rights in America. The case is known as the United States versus Aaron Burr.
The trial of Aaron Burr turned on the vital question, to what extent can the judicial process and to what extent will it protect an individual who is prosecuted by his own government or putting in more plainly who is supreme, the will of the government or the law?
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►00:00 Introduction
23
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Stromberg v California [Remaster]
This video is a remastered re-release of a very old episode I did on the case of Stromberg v California (1931)... This video was the very first in my series of "Today In Supreme Court History"...
I noticed this video had started generating a bunch of new views the past few days, and I noticed, like many of my old episodes, the sound quality was absolutely terrible, So this is not a new video, I just did some post-product on work on the original audio track and got it sounding MUCH better than the original episode.
This was a pivotal case because it was the very first time the Supreme Court incorporated the First Amendment protection of free expression on a State, rather than Federal level in 14th amendment jurisprudence based on substantive due process.
Enjoy!
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15
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What Is The True Value Of Freedom of Speech?
Today on Legalese we will be looking at the best and worst arguments for a robust, if not absolute protection of Freedom of speech, freedom of expression & freedom of association.
Including an examination about how the censorious left and corporate media who are most eaher to impose censorship are actually advocating for policies that wil destroy the very things they say we need censorship to protect.
We also look at what most free speech absolutists get wrong when they advocate for free speech. Neither group tend to understand its true value.
So what is its true value?
Link to past episodes we discussed
"Julian Assange: and the myth of Constitutional rights" - https://youtu.be/KqgZ24xHujU
"Sedition: An American Virtue" - https://youtu.be/1lmkWCgrWIc
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14
views
Biden's Ministry Of Truth - Part One
Today On Legalese We discuss Biden's new Ministry of Truth. The Disinformation Governance Board. We are going to take a deep dive into what this Executive Agency is for, why it's being created, who are the people in charge of it and why it is one of the greatest threats to civil liberties since the PATRIOT Act.
Special thanks to "Bull Brand" for creating the "Two Minute Hate" video segment.
Watch the Full Original Video "1984 or 2021?" - https://youtu.be/UqHVifp_kjE
Check out his channel full of great content - https://www.youtube.com/c/BullBrand/featured
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17
views
Should The FCC Block The Purchase Of Twitter?
Today on Legalese we will be discussing some of the fallout over Elon Musk's purchase purchase of Twitter.
A very powerful NGO and think tank called "The Open Markets Institute" put out a public statement calling on the government to block this sale of Twitter because they are afraid the guy who bought Twitter with the almost singular reason of expanding and protecting freedom of expression somehow poses an existential threat to free expression.
While many of us saw and appreciated his response to the article with a pair of tweets and damning articles about this organization claiming to respect free expression so much they want to make sure they are the only people who may actually exercise that right.
Elon Musk 1st tweet: https://twitter.com/elonmusk/status/1521950798745194496?s=20&t=5kaSiRaNwBonWXSlbk6rtA
Elon Musk 2nd tweet: https://twitter.com/elonmusk/status/1521574041814978562?s=20&t=5kaSiRaNwBonWXSlbk6rtA
Open Markets Details How US Government Can Block Musk Takeover of Twitter - https://www.openmarketsinstitute.org/publications/open-markets-details-how-us-government-can-block-musk-takeover-of-twitter
Simington Comments On Acquisition Of Twitter - https://www.fcc.gov/document/simington-comments-acquisition-twitter
Carr Rejects Call for FCC to Block Musk's Purchase of Twitter - https://www.fcc.gov/document/carr-rejects-call-fcc-block-musks-purchase-twitter
What few are aware of is that the FCC issued its own response to the suggestion they have and should use the power to block the sale of Twitter to Elon Musk. Usually the kind of flimsy argument that departments of the administrative usually love to use to justify power grabs.
Instead we got a couple responses that were every bit as biting as Musk's tweets were. Rejecting what they called an illegal, unconstitutional, unamerican government restrictions on free expression.
Link to past episodes we discussed
"Julian Assange: Freedom of the press and the myth of Constitutional rights" - https://youtu.be/KqgZ24xHujU
"Sedition: An American Virtue" - https://youtu.be/1lmkWCgrWIc
"United States v Lopez - https://youtu.be/8wL26DSP_bA
"Gonzalez v Raich" - https://youtu.be/gboAUgA-dTs
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31
views
Supreme Court Opinion Leak: A Court In Crisis
Today on Legalese we will be discussing the consequences of this leaked Supreme Court Opinion in their upcoming case Dobbs v Whole Women's Health of Jackson.
The leaked draft written by Samuel Alito allegedly shows a majority opinion to essentially overturn Roe.
This leak should not necessarily be taken as the Court's final opinion. Drafts of decisions like these often make the rounds among the Justices and they often end up getting changed by the time the actual opinion is given to the public. But there is no doubt that this leak shows a Court dealing with potentially its greatest crisis in the history of the Court.
We also discuss some options about who may be responsible and what some of the likely fallout will be.
Abortion Cases & Law Playlist: https://youtube.com/playlist?list=PL6NjbXOax5B1c2OGCbJwEW0NeFP67RkRH
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23
views
Dr. Truth Science Strikes Back
Today on Legalese we discuss the recent district Court ruling that the CDC's mask mandate policy exceeded their constitutional and statutory authority. The Biden administration's failure to seek a stay and the true meaning behind their delay in taking this matter before an appellate court.
We also discuss how the response we have seen to this ruling from the White Hpuse, the CDC and most especially, Dr. Fauci, constitute a complete misunderstanding of Constitutional government and the rule of law and demonstrate an outright contempt for federalism and judicial review.
9
views
New Hearing, Same Hypocrisy
Today on Legalese, we are going to be discussing the confirmation hearings for Ketanji Brown Jackson to look at the plethora of reprehensible attacks made against her by Republicans in one of the most petty Borkings of all time. We all also be discussing the one Republican who actually gave a valid reason for voting against Judge Jackson's nomination and what that reason was.
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20
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Updates
Episode # 0
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Come join me over on Patreon right now for as little at $2/month
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
6
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All Abort! Recent Developments In Abortion Litigation & Legislation
Today On Categorical Imperatives we are discussing some new developments around SB 8 - This is the Fetal Heartbeat Bill out of Texas currently facing a number of legal challenges.
FPC Amicus Brief - https://www.supremecourt.gov/DocketPDF/21/21-463/197205/20211021195907665_Firearms%20Policy%20Coalition%20Amicus%20Brief.pdf
Gorsuch's Majority Opinion in Jackson v Whole Women's Health - https://supreme.justia.com/cases/federal/us/595/21-463/
Whole Woman's Health v. Jackson, 595 U.S. ___ (2021) Full Case Brief - https://supreme.justia.com/cases/federal/us/595/21-463/
Columbia Missourian Abortion Legislation Article - https://www.columbiamissourian.com/news/missouri-lawmakers-fight-to-restrict-abortion/article_300b4a2c-a001-11ec-956b-2b13933b8b72.html
SB 753 - https://www.senate.mo.gov/22info/BTS_Web/Bill.aspx?SessionType=R&BillID=71259698
SJR 34 - https://www.senate.mo.gov/22info/BTS_Web/Bill.aspx?SessionType=R&BillID=71259672
SB 778 - https://www.senate.mo.gov/22info/BTS_Web/Bill.aspx?SessionType=R&BillID=71259887
HB 2810 - https://www.house.mo.gov/Bill.aspx?bill=HB2810&year=2022&code=R
Texas Occupational Health & Safety Code §164.055(a) - https://statutes.capitol.texas.gov/Docs/OC/htm/OC.164.htm
Ex Parte Young, 209 U.S. 123 (1908) Full Case Brief- https://supreme.justia.com/cases/federal/us/209/123/
Related Episodes Of Categorical Imperatives:
If The Court Reaffirms Roe (The Future Of The Legal Conservative Movement) - https://youtu.be/J_Av2bWkJzU
What Happens if SCOTUS Overturns Roe? - https://youtu.be/QfP_KHqTt-Q
Covis Travel Bans - https://youtu.be/05rOqs4dMvw
OSHA Vaccine Mandate - https://youtu.be/4PFkAbSLkEw
Texas Abortion Law & The Supreme Court - https://youtu.be/KKIELHjNBuA
A Tale Of American Sovereignty (11th Amendment, Chisolm v Georgia & Popular Sovereignty) - https://youtu.be/q1qqUXVkJLM
Today In Supreme Court History Episodes:
Roe v Wade (1973) - https://youtu.be/Y6yb3H54Y7A
Planned Parenthood v Casey (1992) - https://youtu.be/6OB_ehOL6Uc
Cooper v Aaron (1958) - https://youtu.be/5PM4cEzkxzc
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Show Suggestions, Ideas, Questions or Topic Request - CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
31
views
War In Ukraine - An Interview With Dave DeCamp
Today on Categorical Imperatives I am joined by Dave DeCamp the news editor at antiwar.com
We are discussing the war in Ukraine. What has happened, what will likely come next?
What possible resolutions could bring an end to this conflict and what barriers are being put up by Ukraine and Russia to impede a peaceful resolution.
We also try to discern the motives of major players such as Putin, Bide & Zelinsky.
Also, Dave has some stellar advice on how non-experts in foreign policy like myself and most people can begin to sift through the deafening noise of useless and incorrect information from the political class and corporate media and much more.
You can find Dave's work over at http://www.antiwar.com
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Youtube - https://www.youtube.com/user/ReverendBob23/
Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/
Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/
Twitter - https://twitter.com/LockeanLiberal
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
12
views
Kyle Trial 2: Electric Boogaloo (The Kenosha Kid Is Going Back To Court)
Kyle Rittenhouse recently went on Tucker Carlson to announce he will be starting a non-profit group called the "Media Accountability Project" as well as announcing a series of defamation lawsuits against numerous individuals in corporate media, celebrities and politicians. Today we discuss why, while the corporate media's smears against Kyle may be reprehensible. But they are not defamatory. How Kyle is being miscounseled and why we probably won't win a dime in court
Find Doctor Randomercam on YouTube - https://www.youtube.com/c/DoctorRandomercam
Common Law Courts In A Civil Law System (PDF) - http://fs2.american.edu/dfagel/www/Class%20Readings/Scalia/Scalia_Common%20Law%20Courts%20In%20A%20Civil%20Law%20System.pdf
My Episode on Consttutional Interpratation and Statutory Construction - https://youtu.be/QnEq4rAh9aw
My Kyle Rittenhouse Trial Coverage Playlist - https://youtube.com/playlist?list=PL6NjbXOax5B3G7yiuH88jJzWApqQq8vyM
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Show Suggestions, Ideas, Questions or Topic Request - CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
34
views
No Place Like Rome (Part Three)
Today On Categorical Imperatives we complete our exploration of the massive influence the Roman Republic had on our Republic's Constitution and System of government.
In Part 1 we looked at the way this Roman Republican influence manifested in the Founders individually.
In Part 2 we looked at the Enlightenment era rediscovery and reinterpretation of the Ancient Roman Republic and the resulting political philosophy of classical republicanism and we examine the way it influenced different groups of people during the founding and especially those who wrote and ratified the US Constitution.
In this 3rd and final video we look at the ways that the enlightenment era classical republican tradition differed from the Greco-Roman Republics of antiquity and we examine how those Ancient Republics themselves influence the creation of our constitution, and or mixed government. And we explore the origins of the concepts of virtue and liberty as they were understood at the time of the founding, how they are understood today and how they relate to similar, but distinct concepts in the Ancient Roman philosophy of people like Cicero and Tacitus as the concepts of 'Virtus' and 'Libertas'
Watch Part 1 - https://youtu.be/REN7ljH8vGc
Watch Part 2 - https://youtu.be/E9jnL51rpyA
The Failure to Reform: Rome's Institutions Slide Into Crisis - https://youtu.be/GKPMpWyqSZs
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
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Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/
Twitter - https://twitter.com/LockeanLiberal
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Show Suggestions, Ideas, Questions or Topic Request - CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
31
views
No Place Like Rome (Part Two)
Today On Categorical Imperatives we are looking at the second part in what what is quickly becoming a 4 part video series on the influence of The Roman Republic and the philosophy of Classical Republicanism on America's Founding.
In Part 1 we looked at the way this influence manifested in the Founders individually
Today we look at the Enlightenment era rediscovery and reinterpretation of the Ancient Roman Republic and the resulting political philosophy of classical republicanism and we examine the way it influenced different groups of people during the founding and especially those who wrote and ratified the US Constitution and what influence the Roman Republic had on our very system of government embodied in the Constitution
Watch Part 1 - https://youtu.be/REN7ljH8vGc
The Failure to Reform: Rome's Institutions Slide Into Crisis - https://youtu.be/GKPMpWyqSZs
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
Follow & Support
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
20
views