A friendly Reminder

A Convention of States has become a perennial topic for many in the constitution community. How do we amend the Constitution, and what role would a convention have? Would a Convention of States fix the issues so many of us see in America today? I’ve written before about the Convention of States movement, but this is a topic I’m frequently asked about. I know plenty of people both for and against such a convention, and I’ve written about their concerns as well. However, I’ve

What is “Corrupt Intent” and why does it matter? Will the Court of Appeals opinion in United States v. Fischer have an impact on other January 6th cases? Could the future of those defendants really turn on what “Corrupt Intent” means? A recent decision by the D.C. Court of Appeals may have an interesting impact on the prosecutions of those charged with the Capitol breech on January 6, 2021. The case of United States v. Fischer consolidates three decisions in lower courts reg

Do the federal courts have the legal authority to overturn federal law? Can the only unelected branch of the federal government rule over the elected branches? What are the consequences of “constitutional law” overruling the Constitution itself? If you spend any significant time discussing court opinions, you’ve encountered the concept of “Judicial Review”. What is judicial review, where does it come from, and is it used today the way it was originally defined? These are the

Do you understand Dual Sovereignty and the threat it poses to your rights? Did you know that the Eighteenth Amendment and prohibition was the basis of this idea of dual sovereignty? How has the court taken a limited concurrent jurisdiction clause and turned it into federal oversight of just about every law in the nation? Most of us are aware of Double Jeopardy, the right to not be tried for the same crime twice, but the courts have adopted a “dual sovereign” doctrine to get a

Does Congress have the legal authority to criminalize certain types of speech? Can you tell people they should break the law? Hernandez-Calvillo & Papalotzi challenged their conviction on encouraging someone to enter the country illegally. Most of us have heard of the case where the Supreme Court placed limits on the freedom of speech. However, most people don’t know the name of the case and frequently misquote it. A recent case out of Kansas once again brings into question

Once you turn 18, you assume you’re an adult, right? California law doesn’t think so, at least when it comes to certain firearms. Believe it or not, the Ninth Circuit Court of Appeals told California that their restrictions on young adults purchasing center fire semiautomatic rifles was unconstitutional. As children, we receive protection of our rights through our parents. But have you ever considered at what age you receive protections for your rights directly? Is it the sam

What is a writ of habeas corpus? Why is your right to such a writ protected by the Constitution of the United States. What does this petition for a writ of habeas corpus mean, not only for the other January 6th detainees, but for everyone? Finally! The first of those incarcerated for participating in the January 6th demonstration have petitioned for a writ of habeas corpus. What does this mean? What are the constitutional issues? And why should this be important to all Americ

What rights do you have to defend your home against the illegal entry of law enforcement? When can you sue law enforcement officers for violating your rights? A recent case before the Supreme Court takes a step toward helping you sue when law enforcement and the justice system maliciously prosecutes you for defending your rights. What can you do when government actors abuse their powers? I’ve talked before about the right to petition the government for a redress of grievance

What is a redress of grievance and why must it be protected? Can Congress or the courts grant immunity to companies, agencies, or individuals? What can the American people do to protect your right to petition government for a redress of grievance? The First Amendment prohibits Congress from passing laws that abridge your right to petition the government for a redress of grievance. Yet not only has Congress ignored that restriction on their actions, but the federal courts have

Can governments, or those who work for them, make money from foreclosures on people’s homes? What are the fiduciary responsibilities of public servants in cases of foreclosure? Eight citizens in Oakland County Michigan are suing to answer just those questions. We all recognize that property can be foreclosed on for failure to pay a tax debt. What happens when the value of the foreclosure is greater than the debt owed? A case out of Michigan, recently appealed to the Sixth Cir

Are the states sovereign or vassals of Washington, D.C.? What role do the states and the idea of nullification have in our constitutional republic? Could nullification be the best method to restore the republic? With all of the unconstitutional laws, executive orders, and regulations coming out of Washington, D.C. lately, people often wonder what can be done. An out of control federal government was nothing new in America. At the end of the 18th century, two of our Founding F

What is a Convention of States, and what powers would it have? Would such a convention reign in Washington, D.C., or would a run-away convention overturn the Constitution? What role would Congress have in such a convention? With the recent passing of legislation in both the Wisconsin and Nebraska legislatures, the call for a Convention of States is once again in the news. This has brought up a lot of comments and more than a few questions. So what is this Convention of States

Can there be such a thing as liberty without differing opinions and actions? Can government regulate your freedom of speech, press, property, and association? How far can government go to enforce politically approved norms? There are certain ideas that we find detestable, concepts we find repulsive, and even some actions we cannot abide. Do we have the right to tell other people that they must live by what we find acceptable? How many dystopian novels are based in the idea th

by Paul Engel Does federal law always supersede state law? Is OSHA’s vaccine mandate the supreme law of the land? What can the state and the people do to reinstate the rule of law? By now, you’ve probably heard of Jen Psaki’s response to a question about Texas standing up to Biden’s threatened vaccine mandate. She stated that federal law trumps state law. I guess it’s true that the best lie should contain a bit of truth, but today let’s answer the question of whether federal