Archive for the ' supreme court' Category

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

Peter Schiff Show - Episode #439

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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:

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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.

 

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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

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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

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:

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The video of this episode is available on The Truth Quest Podcast YouTube channel and on BitChute.com.

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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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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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