Archive for the ' supreme court' Category

The “S” word - secession - seems to be brought up with more and more frequency lately. Most recently we have seen counties in rural Virginia exploring the possibility of seceding from the state and joining West Virginia. We are seeing similar movements in Northern California and rural counties in Oregon. While those are wonderful developments, the larger question regarding secession is the idea of entire states seceding from the United States and essentially establish their own nation.

The idea of state secession picks up steam with every passing year as the federal government - the Executive, Legislative and Judicial branches AND the federal bureaucracy - continues to enlarge its power base well beyond its enumerated powers in the Constitution.

In this episode, I will introduce you to the concept of secession, discuss some of the current and past secession movements and walk you through three reasons why secession is not only desirable but necessary. In Episode #88 we will discuss how secession is justified and rebut most of the arguments against it.

Show Notes:

American Secession: The Looming Threat of a National Breakup, F.H. Buckley

Mises Institute:

Tom Woods Podcast:

The Brion McClanhan Show:

Secession is for Morons

Secession is a Solution for Deep Political Division

Ron Paul: Thoughts on Secession

Credit Suisse: The Success of Small Countries

Greater Idaho Conservatives Oregon want 22 Rural Counties Secede and Become Part Idaho

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What does the spectacle known as the State of the Union Address reveal?

In the first part of this episode, we examine President Trump's 2020 State of the Union Address through the eyes of someone who has been off the grid for several decades - an unbiased, casual observer. What did he notice? What were his impressions? What questions did he have?

The last part of the episode is an assessment of what the SOTU address reveals about the state of our nation, the state of our federal government and the state of the Constitution.

Show Notes:

President Trump's State of the Union Address

The 31 Times Republicans Applauded Obama During SOTU

All of the Things Paul Ryan Didn't Clap for at the State of the Union

Obama State of the Union: Republicans Enraged

Democrats refuse to stand for Trump at State of the Union

Resistance: Here's What Democrats Refused to Applaud During Trump's SOTU Address

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Is it just me or is anyone else bothered when you hear politicians and talking heads refer to America as democracy? The “D-word” is thrown around so often by so many that I don’t think many people bat an eye when they hear it.  

What is the truth about democracy in America?

Show Notes:

A Republic If You Can Keep It

Why Americas Founders Didn't Want a Democracy

Why It Matters That the United States is Supposed to be a Republic Not a Democracy

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If you pay the slightest bit of attention to the news – nationally or locally – you’ve likely noticed a movement to squash free speech. Sometimes it’s subtle such as a gentle reminder from your spouse not to bring up a particular topic at the family gathering lest you offend Uncle Pete. However, what is happening with more frequency is mass censorship of speech under the guise of calling it “hate speech.” 

What is the truth about hate speech?

Show Notes

Why America Needs Hate Speech Law

UC Berkeley Students Try to Ban Hate Speech From Campus

Cornell Students Move to Ban Hate Speech

Europe Policies Hate Speech; Time for U.S. to do so, too

Freedom for the Speech We Hate

Howard Dean's Wrong Tweet

Hate Speech is Free Speech Governor Dean

Connecticut: Where Ridicule Is A Crime - Alan Dershowitz

Poll: Majority of College Students Support Punishment for Offensive Holloween Costumes

Hate Speech Doesn't Exist

Op-Ed: Actually, hate speech is protected speech

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Impeachment is a constitutional tool whose responsibility is granted solely to the House of Representatives. As outlined in the Constitution, the rules of impeachment are both specific (treason and bribery) and general (high crimes and misdemeanors). Besides the president and vice president, all "civil officers" are subject to impeachment. That means all federal employees whether appointed or hired.

Contrary to popular belief, impeachment does not mean removal from office. It is essentially an indictment. The Constitution grants the Senate the responsibility of holding a trial based on the evidence presented by the House. If convicted, the defendant can be removed from office and banned from future service in the federal government.

The power of impeachment has been used sparingly with only 19 instances in the nation's history.

You may be surprised by what we uncover when we dive into the language from the Constitution about impeachment, read the words of the Founding Fathers on the topic and study the history of its practice. How many Presidents, Supreme Court Justices and federal employees should have been impeached if the Constitution was followed? 

Show Notes:

KrisAnne Show: Episode 281 - Impeachment Yesterday, Today and the Future

House.gov - Impeachment List

Founders Constitution

Legal Dictionary: High Crimes and Misdemeanors

Joseph Story, Commentaries on the Constitution of the United States

Brion McClanahan Episode 261

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Welcome to the inaugural Truth Quest Podcast month in review. In this short episode, we walk through the biggest news items from last month, September 2019.

Show Notes

Truth Quest podcasts:

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When I evaluated the wealth tax I found that, besides the fact that they have been proven to be ineffective, ignore the laws of economics, require us to ignore the track record of the federal government and besides the fact that they are immoral and unconstitutional and their implementation would be stupid, short-cited, punitive, impractical, unnecessary, and a violation of privacy, I see no problem with them.

Show Notes:

Fair Comprehensive Tax Reform is the Right Path - Larry Summers

The Destructive Economics of Wealth Taxation

Warren Wealth Tax Weighs on Democrats

Why a Wealth Tax Can't Solve Our Problems

Peter Schiff Show - Episode #439

Truth Quest Podcast Episodes

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I don't know about you but sometimes I get tired of discussing all the areas where we disagree politically or on public policy issues. In this episode I attempt to focus on things that most of us agree on such as government spending, right-to-try laws, the surveillance state, sound money, war, tort reform, term limits, the War on Drugs and the War on Poverty.

Does it not make sense to first focus on the few things in which we agree and then circle back to the numerous head-butting issues that divide us?

Show Notes:

Little Public Support for Reductions in Federal Spending

Will Trump's Backing Revive Moribund Term Limits Movement?

Study Shows Police Lying about Asset Forfeiture

Poverty in the U.S. Was Plummeting—Until Lyndon Johnson Declared War On It

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I came across an article about a lawsuit brought by the Freedom From Religion Foundation against an Ohio middle school over their display of the Ten Commandments, a gift from the Class of 1926. As I read through the FFRF's press release, I grew more and more confused and irritated. Among other things, they applauded "the district for taking action to remedy this violation." That word, "violation" struck my curiosity but it only took two sentences later to find out what they were referring to - the Supreme Court's propensity to find religious displays, such as the Ten Commandments, unconstitutional as violations of the Establishment Clause of the First Amendment.

This sent me on a quest for the truth about this anti-intuitive idea of freedom "from" religion.

Show Notes:

Truth Quest Podcast Episodes:

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I think it is safe to say that the Roe v. Wade opinion is the most controversial Supreme Court opinion of the last 50 years. If not, the consequences of it certainly are with over 50 million abortions being performed. But what is the truth about the opinion? How many people have actually taken the time to read it?

Upon reading the opinion, I was struck by the intellectual dishonesty of the majority opinion and the lack of true constitutional analysis. I was also alarmed at the callous manner in which the life in the womb was characterized and the list of so-called valid reasons for ending an innocent life.

In this episode, I introduce or reintroduce you to the Roe case and walk you through Justice Harry Blackmun's majority opinion. At times it is sick and twisted but, in the end, the court surprisingly leaves the door wide open for state regulation of abortion.

Besides leading to the death of tens of millions of innocent lives, this opinion demonstrates just how far activist judges will go in pursuit of their policy preferences. I demonstrate this by dismantling their three primary citations - the right to privacy, the  Ninth and the Fourteenth Amendment.

Show Notes:

Roe v. Wade opinion

Chapter 7 of Mark Levin’s Men in Black.

 

Truth Quest Podcast Episodes:

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In this episode we examine the historical record of the national Democratic Party and then fast-forward to present day and uncover the real motivations behind their radical agenda.

Why do they take such hard line positions on policies like abortion, illegal immigration, welfare, gay marriage, socialized medicine, guns control, climate change, minimum wage and higher taxes? Why do they advocate for socialism? None of these policies have the support of the majority of Americans yet they are all a prominent fixture in the platform that the national Democratic Party.

Show Notes:

PragerU – The Inconvenient Truth About the Democratic Party

Truth Quest Podcast Episodes:

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The video of this episode is available on YouTube, Thinkspot, and on BitChute.com.

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As most of you probably remember from your middle school civics' class, the first ten amendments of the United States Constitution are known as the Bill of Rights. What you probably do NOT know is those amendments only apply to the federal government. They were included in the Constitution as a way to insure the states that this newly created federal government would be limited in power. They would not be able to infringe upon the people's freedom of speech or their right to bear arms; they would not be able to quarter their soldiers in our homes, perform unreasonable search and seizures without probable cause, prosecute us without a speedy jury trial or impose excessive fines. But most importantly, the Tenth Amendment specifically states that any powers not granted to the federal government (mostly in Article I, Section 8) is left to the states.

Fast-forward a few decades later as the Civil War ended and the slaves were freed. Congress passed and the states ratified the Fourteenth Amendment in order to permanently codify the Civil Rights Act of 1866, which essentially insured that the newly freed slaves were treated equally under the law. It contained a few familiar phrases like, "privileges or immunities", "due process", and "equal protection". 

Unfortunately for all of us, over the ensuing 150 years the Supreme Court, as it is apt to do, has perverted the Constitution (rather than protect and defend it) and found ways to apply the Bill of Rights to the states. This is known as the Incorporation Doctrine.

Show Notes:

The American Ideology, Brian Vanyo

Power Divided is Power Checked, Jason Lewis

Government by Judiciary: the Transformation of the Fourteenth Amendment, Raoul Berger

Founders Constitution - University of Chicago

What is Incorporation? Brion McClanahan Show - Episode #247

The Tenth Amendment Center                                                                   

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The federal government is not supposed to be this gargantuan entity that is involved in virtually every aspect of our lives. The states created the federal government via the Constitution. They granted the federal government a few powers while all others were left to the states. Unfortunately, modern America's political system is a far cry from the Founder's vision of limited power at the federal level. Fortunately there is a method whereby the power that the federal government tries to wield can be checked. That method is called nullification.

Nullification is the practice whereby states resist federal actions that they deem unconstitutional. In this episode, I introduce you to the concept, dispel quite a few inaccurate assumptions made by mainstream news outlets and so-called historians and provide you with several examples of nullification efforts currently going on today.

I owe a debt of gratitude to Tom Woods and The Tenth Amendment Center who have written extensively on this subject.

Show Notes:

The Truth Quest Podcast Patron Page

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The video of this episode is available on YouTube, Thinkspot, BitChute.com and Brighteon.

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President Trump recently stirred up a hornets nest when he mentioned that he was considering signing an executive order ending birthright citizenship. As you might expect progressives went crazy, while Democrats and establishment Republicans denounced and/or, in the case of Senator Tim Scott (SC) or outgoing Speaker of the House Paul Ryan, politely “disagreed” with the President. Either way, this provides us with an opportunity to examine the Constitution and, being the constitutional geek that I am, I cannot resist.

Show Notes:

Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates - Tenth Amendment Center

Does the 14th Amendment Grant Citizenship to Children of Foreigners - Tenth Amendment Center

Birthright Citizenship What the Constitution and Common Sense Say - Tom Woods Episode #1273

An Objective Guide to Birthright Citizenship - American Thinker

Should Birthright Citizenship be Abolished? - New York Times

The Question of Birthright Citizenship - National Affairs

Citizenship Without Consent: Illegal Aliens in the American Policy, Peter Schuck

The True History of Millstone Babies, Ann Coulter

Libertarian Critique Birthright Citizenship - Mises.org

Episode #183 - Brion McClanahan Podcast - Citizenship and the 14th Amendment

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Do you ever question the amount of time and energy spent fretting about the politics coming out of Washington D.C.? The Founding Fathers never thought that the average American would spend much time pondering the goings-on in D.C. After all, the federal government's power was constitutionally restricted. In this brief episode, I suggest an alternative to our seemingly unending focus on all things D.C.

Show Notes:

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This episode is available on Thinkspot and YouTube.

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Every year the country waits with bated breath over the latest Supreme Court opinions. If we were living true to the Constitution, this would never happen because the Supreme Court is not supreme when it comes to deciding the constitutionality of a law! Think you disagree? Listen to learn the truth about the Supreme Court.

Show Notes:

Tenth Amendment Center published Episode #16

Books:

The Tenth Amendment Center:

The Supreme Court's Job is to Protect Americans from Democracy

Thomas Sowell Explains Wickard v. Filburn

Mises.org:

Why We're Losing Freedom - Prager University

Kris Anne Hall

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In this episode I recount a conversation I had a few months ago with someone in my family. It was a short but wide-ranging discussion mostly about national politics but the actual content is less important than the lessons I drew from it.

Show Notes:

Americans Grapple Recognizing Facts In News Stories

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