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Who Reigns Supreme In Britain?
On 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 liberty. We discuss English Sovereignty and then give a captive discussion on how it contrasts and compares with American Jurisprudence and even how a concept known as "Parliamentary Sovereignty" and it's little known role in the earliest causes of the American rebellion that turned into our Revolution from the country whose liberties we loved, then lost, then re-created in our own image.
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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.
8
views
Sedition: An American Virtue
In 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 of the Capital should really rethink their position.
As I will demonstrate in this video, sedition laws are always used first and foremost to prosecute the very people who demanded their passage.
How Supreme Is The Supreme Court?” https://libertarianinstitute.org/articles/how-supreme-is-the-supreme-court/
Cooper v Aaron: https://youtu.be/5PM4cEzkxzc
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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.
►00:00 Introduction
►06:38 Woodrow Wilson: What A Dick, Right?
►17:33 Schenck v United States (1919)
►21:26 Debs v United States (1919)
►22:18 Abrams v United States (1919)
►24:24 Sedition In The Modern Era
►27:12 The Alien & Sedition Acts of 1798
►28:35 Virginia & Kentucky Resolutions
►32:00 Madison's Two Theories of The Freedom of Speech
►34:50 Thomas Jefferson & Why Sedition Is The Greatest Virtue For Liberty
►38:50 Conclusion
19
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My Discussion With Scott Horton
Today 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 follow Scott at:
The Libertarian Institute - https://libertarianinstitute.org/
AntiWar.com - http://www.antiwar.com/
The Scott Horton Show - https://scotthorton.org/
Enough Already: Time To Win The War On Terrorism - https://www.amazon.com/dp/1733647341/ref=as_li_ss_tl?ref_=pe_3052080_397514860&linkCode=ll1&tag=scotthortonshow-20&linkId=a5eb35979325927537d9e8e9e11744d4&language=en_US
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►00:00 Introduction
►04:55 Interview Introduction
►06:00 Mises Caucus
►10:20 Israeli/Palestinian Conflict
►22:10 Defend The Guard
►31:40 Bringing the troops home from Afghanistan
►41:04 Why is Foreign Policy the most important place for people to focus on?
►50:00 Why the free-market isn't responsible for the "Boom-Bust Cycle"
►51:15 Closing
9
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The Legal Tender Cases: What Libertarians Get Wrong About Founders And Fiat
This 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.) 603 (1870) - https://en.wikipedia.org/wiki/Hepburn_v._Griswold
Why Is Paper Money Constitutional? - https://tenthamendmentcenter.com/2021/05/24/why-is-paper-money-constitutional/
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►00:00 Introduction
►06:12 Summarizing Earlier Arguments
►10:14 Assessing Prior Arguments
►12:37 English Law and Practice
►19:01 Kinds of American Paper Money
►24:41 The Confederation Era
►25:49 Why a Coinage Clause Was Necessary
►30:22 Original Public Meaning of the Coinage Clause
►31:39 Original Meaning and Understanding of "Regulate the Value"
►33:57 The Ambiguous Original Public Meaning of "Coin"
►44:34 The Ratifiers Choose a Meaning for "Coin"
►59:46 Conclusion
11
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The Supreme Court vs The Second Amendment (Supreme Court Roundup: The Good, Thee Bad & The Ugly)
Episode #45
In 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 the very real possibility these cases could conclusively prove me right. It all depends on the circumstances & outcome
The cases in question are the recent and upcoming (respectively listed):
Caniglia v. Strom (2021) - https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf
This is NYS Rifle & Pistol Association v. Corlett (2021) - https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-843.html)
Past Episodes & Articles cited in the episode:
"What The Heller?"
-Video - https://youtu.be/1yqvw3E5mvA
Article -
"How Supreme Is The Supreme Court?" -
"Cooper v Aaron & The Myth Of Judicial Supremacy" - https://youtu.be/5PM4cEzkxzc
"The Right To Privacy: Natural Law, Common Law & Constitutional Law" -
"Seymane's Case" (1604) -
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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.
►00:00 Introduction
►04:41 The Good - Caniglia v. Strom (2021)
►11:34 The Bad - NYS Rifle & Pistol Association v. Corlett
►23:16 The Ugly - Second Amendment Epilogue
14
views
A Right To Your Property, And A Property In Your Rights
Episode #44
In this episode of Categorical Imperatives we discuss how it is as a matter of both law and moral philosophy that all rights can be said to be property rights.
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►00:00 Introduction
►07:53 Moral Philosophy
►17:31 Historical Property Rights
►20:23 Property is Paramount
►28:10 Taxation Without Representation
►35:49 Constitutional Protection Of Property
►44:39 ALL RIGHTS Are Property Rights; Asserted & Proved
►52:49 Madison's Essay "On Property"
►1:01:31 Outro
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
5
views
DC Pushes For Statehood... In Spite Of The Constitution
As 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 Senate (https://youtu.be/25IqSH6ShhQ) This latest effort, that just passed in the House is seeking to grant DC Statehood.
While H.R. 51’s obviously partisan scheme to give one party a clear advantage is a problem in itself, worth taking note of, this seems to be the only criticism this bill is getting; despite there being much more serious Constitutional issues at stake.
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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.
3
views
Planned Parenthood v Casey (1992) - Today In Supreme Court History
Episode #43
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 Stare Decisis.
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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.
3
views
A Tale Of American Sovereignty (In Natural Law & Constitutional Law)
Episode #42
In this episode... Today 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 several States and the people therein.
Such as the Citizen-State-Diversity Clause - U.S. Const. art. III, § 2, cl. 1 (1787)
The first major constitutional decision of the new Supreme Court:
Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793)
And the Eleventh Amendment that reversed it - U.S. Const. amend. XI. (1795)
We will also briefly diverge while we do one of my favorite mini-series on the show discussing Founding Fathers most people don't know, but everybody should. Today we look at John Jay who was our first Chief Justice of the Supreme Court . Appointed nearly 10 years before John Marshall became Chief Justice. Jay presided over the first foundational case 8 years before before the case all Con Law classes start with which is Marbury v Madison (1803)
►00:00 Introduction
►05:00 First Principles
►10:40 Government As Trusteeship
►18:30 Jefferson, John Locke, Natural Rights and Independence
►25:15 John Jay
►32:30 Chisholm v Georgia (1793)
►42:30 Eleventh Amendment
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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.
38
views
Gaetzgate - Or, How I Learned To Stop Worrying & Love The Backpfeifengesicht
Episode # 41
In this episode of Categorical Imperatives we delve into the accusations against Rep. Matt Gaetz .There' are myriad reasons to dislike this guy, but the label of "child sex trafficker" is not a valid reason, according to the facts as alleged.. While I get no joy from taking any position that could possibly be construed as defending this truly awful person an honest examination can only conclude that these allegations, even if every single fact alleged turns out to be true, still do not amount to child sex trafficking.
Much like what happened with the Kyle Rittenhouse case, we have people whose only real understanding of how the law works coming from prime-time shows like Law & Order, who think the moment anything is done "across state lines" that somehow completely changes the nature of the underlying offense and makes it exponentially more serious. Which is ridiculous.
In this episode I briefly explain why crossing imaginary lines on a map and then doing something stupid doesn't immediately mean the stupid thing you did becomes a federal offense, since the vast, vast majority of all criminal statutes are State-level offenses.
We take a look at the applicable law
18 U.S. Code § 1951 - Interference with commerce by threats or violence
Not so much to defend Matt Gaetz and the Gaetzgate conspiracy, but to defend an honest and fair reading of the law.
18 U.S. Code § 1951 - https://www.law.cornell.edu/uscode/text/18/1951
#GaetzGate
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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.
10
views
Today In Supreme Court History: United States v Cruikshank (1876)
Excerpt from my series "To Keep and Bear Arms:: Sometimes A Duty, Ever A Right"
Full Episode: https://youtu.be/HVjlqgAV5ig
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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.
11
views
All Gun Control Is Unconstitutional
Episode #39
Today we will be discussing gun control. The show begins with a legal analysis of H.R. 127 which is the sweeping gun control bill drafted in a gross over-reaction to recent shootings.
H.R. 127 - https://www.congress.gov/117/bills/hr127/BILLS-117hr127ih.xml
18 U.S.C. Chapter 44, §§ 921-931 - https://www.law.cornell.edu/uscode/text/18/part-I/chapter-44
Then I walk you through a Textualist interpretation of the second amendment to demonstrate two points. The first is to provide you with the information to understand and independently verify that my claim "all federal gun control is unconstitutional"
Second, I want to expand on the topic I covered in my last video. About the failure of DC v Heller to provide a consistent, original public meaning of the second amendment as an individual right of armed self-defense. In this video I want to explain the method of legal analysis I use to interpret legal instruments known as Textualism. Many people get textualism and Originalism mixed up, or think they are the same thing. They do share many aspects but Textualism is a distinct method.
So let me talk a bit about some of the textual issues that came
up in Heller and that have come up since. I don’t want to focus
on repeating the arguments in Heller—those of you who are interested
have read Heller for yourselves. Rather, this discussion will
address some of the things we mean when we say “textualism,”
and some of the ways in which good textualists must go beyond
the text of the particular document being considered.
►00:00 Introduction
►04:10 H.R. 127
►10:30 Second Amendment Textualism
►47:00 Closing
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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.
5
views
What the Heller? (How the Second Amendment became a second class right)
Episode #38
On March 24th 2021 The 9th Circuit handed down a much anticipated ruling in the case of Young v Hawaii. This started in 2011, with a request for a handgun permit in Hawaii that was denied. A decade later. It's culmination came a few days ago when the 9th Circuit ruled that the Second Amendment doesn't protect a right to open carry for individual self-defense. Today we discuss the Failure of the Second Amendment in the landmark case of DC v Heller
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2
views
What Is an Assault Weapon - An Open Letter To Gun Control Advocates
Episode #36
Today 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 "military style weapon" or "weapon of war".
This is an episode I believe will be interesting for those already in gun culture and the 2A community and for those entirely unfamiliar with guns and especially for people who also call for the kind of severe gun control acts that Creepy Uncle Joe favors. If you are someone who supports gun control I would ask you please to take the time to watch this and just keep an open mind. I think you will be surprised at the truth behind a lot of common gun control myths and even if nothing in this video changes you mind about gun control that's okay, you will leave this video able to better articulate your own position. You have nothing to lose!
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►00:00 Introduction
►02:47 Joe Biden's Gun Control Position
►08:08 What is an "assault weapon"
►17:45 What is an assault rifle?
►20:22 Weapons of war
►22:55 What is an AR-15
►24:04 Common gun myths
►40:50 Joe Biden's not-so-common sense gun reform
►01:00:30 Closing
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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.
18
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Cooper v Aaron - The Myth of Judicial Supremacy
In today's video we will be discussing the Supreme Court case of Cooper v Aaron. The case was the last in a series of cases over several years, starting with Brown v Board of Education in 1954 that sought to finally overturn the wretched doctrine established in Plessy v Ferguson (1896) The idea that there is such a concept as "Separate but equal".
Cooper v Aaron may not be as well known to people outside the legal profession, but it's a crucial case to understand. Because it is here that we derive what have been two other disastrous doctrines. Judicial Supremacy and Judicial Universality. Despite the Court's claims these doctrines were "Settled law" this episode exposes them as a total fabrication of the opinion's main author Justice Brenner. We look at why these two anti-canonical doctrines that have been thoroughly debunked as a new, novel, broad and rather unprecedented expansion and abuse of federal power.
My article on The Irrepressible Myth of Cooper v Aaron for the Tenth Amendment Center - https://tenthamendmentcenter.com/2020/12/09/the-myths-of-cooper-v-aaron/
Josh Blackman's article on Cooper v Aaron for Georgetown Law Journal - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3142846
Shlomo Slonim article on - Federalist No. 78 and Brutus' Neglected Thesis on Judicial Supremacy (University of Minnesota Law School, 2006) - https://hdl.handle.net/11299/170108
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12
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Sovereign Citizen 2: Electric Boogaloo (Sovereign Myths and True Understanding Of American Law)
In 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 American legal system we should all be familiar with (but which, thanks to American politicians and as a consequence of enacting the Department of Education & long ago removing civics from the public school curriculum) this is information that is commonly poorly understood.
There is something for everyone in this episode.
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►00:00 Introduction
►07:45 State & Federal Court Structure
►15:00 Common Law
►31:49 Civil Code & Civil Law
►35:20 Admiralty Law
►48:55 Jurisdictional Hook
►51:28 Summary Of Jurisdiction
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
125
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Sovereign Citizen - Fact and Fiction
In today's episode of Categorical Imperative we will be taking a look at common beliefs among the sovereign citizen movement including the capitalization of names on court documents, the suppose meaning of gold Fringe on a flag, the meaning of the term "color of law", the difference between suits at common law and suits in equity and the difference between the privileges and immunities of citizenship and their relation to natural rights in both common law and constitutional law.
My Cooper v Aaron Article - https://tenthamendmentcenter.com/2020/12/09/the-myths-of-cooper-v-aaron/
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
27
views
Prohibition - A Lesson Unlearned
102 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 the disease. But far too many people refuse to see how that valuable lesson is highly applicable today in our decades long "War On Drugs"
So today on Categorical Imperatives we are going to be taking all of those valuable lessons from alcohol prohibition and showing conclusively our War on Drugs is every bit as bad as prohibition, and often much, much worse.
At the end of the show I also discuss the many reasons I am optimistic that this war on drugs is quickly becoming unsustainable. It's not only that the harm the drug war inflicts is worse than the harm caused by the drugs themselves. But the war on drugs will fail on it's own terms. This is one place State Legislatures are using the 10th amendment and the "Anti-Commandeering Doctrine" To make the war on drugs more and more unenforceable. It's about time.
If you want to help by getting involved in various efforts to nullify the federal war on drugs in your own state you should go to the Tenth Amendment Center's website
www.tenthamendmentcenter.com and download their "State of the Nullification Report"
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
1
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Release the Krakpot - How Donald Trump and His Legal Team Lost Him the Election
Episode #32
If you are watching this episode I assume you already are aware of the Trump election narrative. after a number of his supporters swarmed the Capitol building, spurred on by Trump's rhetoric, he finally affirmed a peaceful transfer of power to Joe Biden's administration. Conspicuously he still refused to formally concede his loss and still asserts he won the election & the democrats committed the kind of massive fraud needed to rig an election.
But that's not what interests me right this second. It's his new assertion that he was only conceding after pursuing all legal challenges that were available. His supporters have quickly picked up on this narrative in an attempt to save face for him and themselves...
But is that true? has every plausible means to legally challenge been tried at some point. Not even close. So what options did he leave on the table?
I make no claim as to the veracity of what Trump has been saying. I simply ask the question that if he could substantiate his allegations of large-scale fraud what lawful recourse did he have available to him that he never even attempted?" This episode answers that question.
Past Episodes About Trump's Election Challenges
Texas v Pennsylvania: https://youtu.be/sXpKLlmiJRQ
Legal Standing: https://youtu.be/Mg11SKukqBE
Pence Shrugged https://youtu.be/H3BAmdZN0EA
Pence Problem: https://youtu.be/fp8LINiIb4k
Donald Trump is going out like a total bitch...
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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2
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Trump's Pence Problem (Or, How I learned To Stop Worrying & Love The Election)
Episode #31
Today 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, then he will have provided me with a full-proof way..... or maybe more accurately a fool-proof way, for me to get the 2024 Libertarian Party Presidential candidate elected.
I explain precisely how that is, then join me to share a laugh at some of the most ridiculous delusional scheming to keep Trump in power in a video from Doug Tennaple, followed by a more serious back-half of the episode where I read a great article from Rob Natelson that was posted over at the Tenth Amendment Center today talking about how the president could have used fraud and irregularities to his advantage had he adnd his supporters actually understood the law and the Constitution a little better and I close out the show reading from an article I wrote for Reason's legal blog that should be available online tomorrow.
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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89
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Pence Shrugged - Why Trump Supporters Still Think He Can Win & Why They're Wrong
Episode: #30
Categorical Imperatives.
Today 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 show!)
I have decided to continue covering these Trump election challenges until he finally gives up, realizes no one but him cares and goes to sulk in palatial style
The new theory being floated by Trump supporters about why they still think he is playing super upside-down underwater 4D chess and that the only reason it looks like he lost the election and is whining like a little bitch is part of his master plan. Because all the things that he tried that we were told were solid, genius, no lose strategies.... that he always lost they always came back with another reason why Trump is doing what he is for some very important super secret reasons and that the fact its looks like he is losing is the surest sign he's secretly winning. He's got a genius plan and secret evidence and a few Krakens on standby to release and he is gonna be President again.... so they say.
Rather than what I did with the Texas election lawsuit videos where I just played Monday morning quarterback explaining why what happened was the only possible outcome, I thought I would get ahead of the game on this one and explain in advance why their new super duper secret strategy to have like Pence disenfranchise tens of millions of American voters by just refusing to count their votes is not going to work (as though that needs to be be stated.)
Also, as I said in this video, I want to start putting out more videos like this. By which I mean simpler videos covering a topic is a more brief and freeform kind of episode. Rather than the long scripted shows that take me weeks to make. I am gonna keep making those but in between I want to put out more videos like this one and I need your help with ideas. Part of putting out these videos while still working on longer videos is for me to cover topics that don't require a whole lot of research and a scripts and a huge list of legal citations to the various laws and other various sources that I want to make sure you guys can find when I make longer videos.
At the end of this episode you will hear some basic instructions on how you can help me out by submitting topics, questions or anything else you would want to hear me cover. The more you guys are able to bring me idea of what you would like to see, the more I will be able to put out the new content I want to do and to still be able to work on and release by bigger more epic shows.
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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5
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Incorporation Doctrine (Remastered Re-release)
*This Episode is not a new episode. It's a remastered version of episode #15 about the 14th Amendment and Incorporation Doctrine. (Which has now been taken down).
So the episode that this was one meant to be leading into about the Tenth Amendment Center and the Incorporation Doctrine is not a forthcoming episode, it can be found here: https://youtu.be/cUPN3I-EijE
The information in this video is solid. This is strictly a legal;/historical account of the creation of the 14th amendment. So it's also a great primer on the 14th amendment generally, whether or not you go on to watch the follow-up video this I tied to. This makes for a good introduction to the history and the law itself. The 14th Amendment has, in many ways, reshaped our entire country and is crucial to understand to navigate modern law and politics.
Enjoy!
14th amendment and Incorporation doctrine - What are they, why is it a crucial aspect of American Jurisprudence and how it affects us today
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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15
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Constitutional Law Scholar Explains Standing & Why Texas Election Lawsuit Was Anti-Constitutional
Categorical Imperatives - Episode # 28
"Legal standing, Texas v Pennsylvania addendum & why people who believe themselves to be the one true defender of Constitutional government have begun to be more destructive of Constitutionalism then the very people they believe they are protecting it from."
After my last episode breaking down the Texas election lawsuit and why SCOTUS made the right call Constitutionally, it became clear from the responses I got that I should have spent some time explaining what Standing is. So I made a whole video about it. This video is also something of an appeal to Trump supporters out there. This is partly a response to many misconceptions widely held by Trump supporters still about this election and especially their reaction to the Supreme Court's dismissal of the Texas Election Lawsuit. It is also meant to be an olive branch as well. I don't mean to attack anyone. I am making a direct appeal as a Constitutional Conservative to others who consider themselves Constitutional Conservatives.
These responses ran the gamut from people asking what standing mean ? And how does it work? How does it relate to citizens and government? To people under the impression standing is not actually a legal doctrine. People who didn't understand the difference between a State and a citizen (seriously), people who mistakenly believed the Supreme Court was the right venue to handle election suits are meant to be decided in the Supreme Court, People who didn't understand that the reason the Supreme Court didn't take the case had to do with limiting our ability to seek redress of grievances (rather than a limit on the Court's ability to hear the case), and people who thought that even if Texas didn't have standing the Supreme Court should have taken the case anyway, and ruled on the merits. Which would be a vast and unprecedented expansion of Federal power. And a violation of some of our Country's most important principles. Separation or Powers, Federalism, rule of law & limited government itself must be cast aside for them to get the outcome they want. These are values that I hope fellow Constitutional conservatives still actually value and still want to protect.
.
Amicus brief - https://www.supremecourt.gov/DocketPDF/22/22O155/163237/20201209155924009_2020-12-9%20Texas%20Scotus%20Amici%20Brief-%20FINAL.pdf
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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11
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Texas v Pennsylvania- Why the Supreme Court was right to reject the Texas election lawsuit
Episode #27
Today on Categorical Imperatives I endeavor to show why, conservatives who are upset over the Texas election case do not understand the Texas lawsuit they support, nor the entirely justified and predictable outcome of that case. That the Supreme Court was correct in dismissing the case for a lack of standing and explain WHY that decision is .Constitutionally sound. Why the Texas suit is entirely non-meritorious, how the procedural obstacles and lack of proof of jurisdiction required under original jurisdiction were not met and how the injunctive relief Texas was seeking was not only extreme, but insanely unconstitutional on numerous grounds. Violating fundamental tenants of Federalism, separation of powers, the anti-commandeering doctrine and the political questions doctrine to name just a few Constitutional principles this case runs afoul of.
How the only issue they mentioned was standing because it only takes one eliminating disqualification to leave the case as a whole lacking in merit.
I did not make this episode to be a dick or say "I told you so"... Because as I stated in the show, I have much respect for many of the people whose position I am criticizing.
I am doing this from a place of Textualist and Originalist Constitutional interpratation, because this is a philosophy many conservatives these days tend to claim to hold, This is a Textualist interpretation of the Constitution and an adherence to Originalism in the broader scope of Constitutional Law
I also consider myself a Constitutional Conservative. Which shouldn't matter, since this is not a political opinion but a rigorous legal analysis. I just figure if there is anyone pissed off Republicans might be willing to listen to when they are told they misunderstand the case it would probably be someone like myself.
Which is the main reason I made this episode.So if you know someone who stubbornly holds onto the idea that the Supreme Court's actions in this case were somehow an intentional slight towards Trump, or an act of cowardice and betrayal of the American people feel free to send them to this video for them to consider.
Complete briefing index for Texas v Pennsylvania - https://www.supremecourt.gov/docket/docketfiles/html/public/22o155.html
For Context, here is the link to the entire video put out by Bill Whittle of which I only played a clip. Please do not go there for any reason other than to get a fair context of the entirety of his argument. - https://www.youtube.com/watch?v=y8L4vSTWmsI&t=74s
Full filing from Texas AG Paxton - https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/SCOTUSFiling.pdf
Arizona v California Case Brief - https://www.supremecourt.gov/opinions/19pdf/150orig_3e04.pdf
Donald Trump's motion to intervene - https://www.supremecourt.gov/DocketPDF/22/22O155/163234/20201209155327055_No.%2022O155%20Original%20Motion%20to%20Intervene.pdf
Amicus Curae brief filed by Missouri et al. - https://www.supremecourt.gov/DocketPDF/22/22O155/163215/20201209144840609_2020-12-09%20-%20Texas%20v.%20Pennsylvania%20-%20Amicus%20Brief%20of%20Missouri%20et%20al.%20-%20Final%20with%20Tables.pdf
Opposition to Motion for Leave briefs:
Wisconsin - https://www.supremecourt.gov/DocketPDF/22/22O155/163393/20201210150111653_Brief.pdf
Georgia - http://www.supremecourt.gov/DocketPDF/22/22O155/163383/20201210145849997_Georgia%20--%20Brief%20in%20Opposition.pdf
Michigan - http://www.supremecourt.gov/DocketPDF/22/22O155/163387/20201210145404465_22O155%20Texas%20MI%20BIO%2012-10.pdf
Pennsylvania - http://www.supremecourt.gov/DocketPDF/22/22O155/163367/20201210142206254_Pennsylvania%20Opp%20to%20Bill%20of%20Complaint%20v.FINAL.pdf
Amicus brief by Constitutional attorneys (The brief I read a section of) - https://www.supremecourt.gov/DocketPDF/22/22O155/163237/20201209155924009_2020-12-9%20Texas%20Scotus%20Amici%20Brief-%20FINAL.pdf
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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64
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The Heart Of The Constitution - How the Bill of Rights Became the Bill of Rights
Categorical 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 been to justify an expansion of federal power at home, both nationally and among the several states. This recent scholarship which has only began to emerge within the last 5 years thanks to historian Pauline Meier and legal scholar Gerald Magliocca. We turn everything you thought you knew about these amendments on it's head.
Today will be Part one, discussing the original understanding of the amendments in 1791 by those who drafted and ratified these amendments. As well as the first attempt to try applying this label to some of these amendments by figures like John Bignham and through the 14th amendment's Incorporation Doctrine.
Tomorrow for pat two we will be looking at how the "Bill of rights" label was only truly applied to these 10 amendments by FDR as justification for his new deal and as patriotic cannon fodder to gin up fears of Hitler during WWII. Then we will finish by looking at it's latest reinvention as a mean of giving the federal judiciary more power by using these amendments to justify a much greater expansion of Judicial Review than had ever existed before WWII
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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15
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