A friendly Reminder

When does a government “taking” morph from eminent domain into theft? Does government have the just power to transfer property from one private entity to another? What happens when Congress grants to itself the authority to simply declare something a “public necessity” and demand you hand over your rights? Are you familiar with eminent domain? Do you know where that’s authorized in the Constitution of the United States? Do you know the requirements and limitations of eminent

How far can States go to protect the integrity of their elections? Is it racist to limit who can collect early ballots and where you can vote in person? What can States expect voters to do to exercise their right to vote? There have been a lot of claims lately that all voter integrity laws from republicans are racist while all from democratic are a move toward free and fair elections. Beyond the partisan propaganda, a recent case at the Supreme Court asked the question if Ari

The Affordable Care Act gets yet another reprieve from the Supreme Court. According to the Supreme Court, you cannot challenge a tax until you actually pay the tax. The Supreme Court failed to realize that, as parties to the Constitution, the states themselves have standing to challenge any action of the United States. I have written before about the constitutional problems with the Patient Protection and Affordable Care Act (known as ObamaCare), not to mention the Supreme Co

Are there limits to Freedom of Speech? What are the limits of schools to discipline our children? When we turn our children over to government run schools, do they effectively become the parents? I disapprove of what you say, but I will defend to the death your right to say it.” “The Friends of Voltaire” by S. G. Tallentyre (Evelyn Beatrice Hall) This quote has been the cry of free speech advocates for decades, but how is society to treat those, especially minors, who violate

by Paul Engel Does absolute truth exist? And if so, does it matter? Do “transgender” people have the right to force others to comply with their “feelings”? Do the words “sex” and “gender” have any meaning anymore?   Does truth matter? I know, many people claim truth is personal, that you have your truth and I have mine, but can a society survive without a recognition of objective truth? The Supreme Court recently declined to hear a case out of the Fourth Circuit that revolved

·         A recent Supreme Court case asked the question, can the government force you to allow people on your property against your will? ·         What are the ramifications of the Court’s opinion that denying someones ability to exclude access is a taking under the Fifth Amendment? ·         What should the opinion mean for other government regulations of access to private property? Earlier this year I wrote  A Taking, or Not A Taking, that is the Question  about the oral

Re-Declaration of Independence by Paul Engel Click Here to watch the video article! As we celebrate the anniversary of the adoption of the Declaration of Independence, I think it’s important that we take some time and perform a self-examination of the independence to which those men pledged their lives, fortunes, and sacred honor. If we compare the federal government today to the king we declared independence from then, I think we’ll find them much more alike than we would fi

Adoption in the Keystone State by Paul Engel Summary The Supreme Court sided with Catholic Social Services in its case against the City of Philadelphia. Touted as a victory for religious freedom, a look beyond the headlines shows that this opinion is really a Trojan horse. According to the court, religious freedom is not protected by the Constitution, but on the opinion of a few judges. What is the role of government in enforcing societal norms? Does the state have the legal

California Dreaming of the 2nd Amendment by Paul Engel Summary Judge Robert Benitez of the Southern District of California has declared that California’s “assault weapons” ban is unconstitutional. After years of federal judges ignoring the Supreme Court’s Heller opinion, Judge Benitez has based this opinion squarely on its shoulders. What does it mean for the right to keep and bear arms that Judge Benitez based his opinion on Supreme Court “precedent” rather than the Constitu

Oregon Counties Vote to Secede Into Idaho by Paul Engel Summary Five counties recently voted to leave the State of Oregon and join the State of Idaho. Pundits have claimed this is nothing new, that several states have done this before. But is that true? What are the constitutional ramifications if that were to happen? By now most of you have probably heard the reports of counties that have voted to break away from Oregon and become part of Idaho. While this type of vote is no

What If Liberty Fails in America? by Paul Engel Summary Liberty is not the default situation, not even in America. The Statue of Liberty calls out to those yearning to breath free. But what happens when there is no more freedom here for them? If we want to continue to be the land of the free, then we must once again be the home of the brave, and fight to retain our liberty. Ronald Reagan warned us that liberty is not the default way of things, not even in America. Freedom is

Two Cases About Illegal Arrests by Paul Engel Summary The supreme courts of both Georgia and the United States have opined that you have the legal authority to resist an unlawful arrest. The question Americans should ask themselves, are they willing to go through the long and difficult legal process to defend themselves against an unlawful arrest? If we have the right to resist unlawful arrests, does that change how we view law enforcement and the government in general? What

History of Government Overreach by Paul Engel   Summary Are federal infrastructure bills constitutional? How did President James Madison react to an infrastructure bill sent to him by Congress in 1817? What should the American people do about this proposed legislation? If there are two actions that can best describe the first months of the Biden administration, they would be executive orders and spending. I’ve talked about executive orders in the past, so today I want to delv

Federalism Defined by Paul Engel   Summary What is Federalism and why is it important? What does Federalism have to do with State’s Rights? You can use Federalism to protect your rights and the rights of your family. Why do we call the government of the United States the federal government, when the Constitution doesn’t refer to it that way? What is this idea of federalism and why is it important to the health of the republic? And how can we use federalism to protect our righ

Supreme Court Deals a Blow to Liberty in California by Paul Engel Summary   The South Bay United Pentecostal Church won a small injunction, but it appears to have lost the war on liberty in America. The Supreme Court once again has substituted its own devotion to precedent for its oath to support the Constitution of the United States. While touted as a win for religious freedom, the opinions used to justify this injunction show that the American people can no longer trust t

A Taking, or Not A Taking, that is the Question by Paul Engel   Summary Can a state grant a private organization access to your private property? Understanding the Fifth Amendment’s taking vs deprivation. What happens when lawyers don’t understand the Constitution? A case recently argued before the Supreme Court asks the question: What is a taking under the Fifth Amendment to the Constitution? This is not simply a case of eminent domain, but the power of the state to take con

Constitutional Exceptions by Paul Engel   Summary Is the “Community Care” exception to the Constitution legal? What makes a government search or seizure reasonable? Should police be allowed to lie to the public? A recent case argued before the Supreme Court revolved around what is called the “community caretaker exception” to the Fourth Amendment. This is an excellent example of how constitutional law, which is nothing more than the opinion of judges, is being used to circumv

Battle of Lexington by Paul Engel   Summary While most of us have learned about “The shot heard ‘round the world”, do you know what led to that battle? How do the actions of a British Lord resemble not only the federal government, but several state governments as well? Will the American people learn from their history, or be doomed to repeat it? On the morning of April 19th, 1775 the actions of a few would have an impact that would resound throughout history. Most of us were

Peeping Drone by Paul Engel   Summary   Does the Fourth Amendment protect you from government watching you from a drone? The Fourth Amendment protect your right to privacy. What is a reasonable search? The proliferation of drones have become another front in the war on privacy. In a case in the Michigan Court of Appeals, we find a question of whether a drone search is reasonable or not.   In 2008, Long Lake Township filed a zoning complaint against Todd and Heather Maxon. A

The Zombie Amendment by Paul Engel   Summary S. House of Representatives are attempting to revive a dead proposed constitutional amendment. Can Congress change an amendment with a simple majority vote? Is America a nation of laws or of men? Ronald Reagan said, “a government bureau is the nearest thing to eternal life we’ll ever see on this earth.” Apparently, that is no longer true, since there is also a dead proposed amendment that simply will not go away. Sounding like Dr.