Constitution Thursday

The Supreme Court issues several rulings in which the LPOV crew are particularly interested, including search warrants for cell phones, free speech and religion and the Recess Appointments made by the President.

After a two year investigation, the Kaleys found themselves essentially destitute when the Government indicted them and froze all of their assets. The resulting case asked the question as to whether or not an ex parte forfeiture order based on the Grand Jury’s actions violates the 6th Amendments protections.  In this version of Kaley v United States, the LPOV debates and discusses the merits and disadvantages of the Criminal Grand Jury and asks what we can learn about the process going forward.

Does money donated to a political candidate or cause equal free speech?

The McCutcheon ruling from the Supreme Court opens a lot of questions and a great argument between Pat and Jeff about whether or not money is speech and what - if anything - can be done to limit its corruptive influence. Dave, Jeff & Pat look at the ruling and free speech in political cash

On May 4, 1970, the nation was shocked by the Kent State Shooting. Dave asks the question, how do we as a free society - or any free society - move from a belief in the freedoms protected by the 1st Amendment to the reality of placing (in some cases) severe limits on those freedoms. Dave, Pat, and Jeff discuss the issue and look at the lessons of freedoms from around the globe contrasted to the United States of America.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress…. Article V

Led by the State Legislature of Georgia, the calls for an Article V Convention are becoming more and more common, but is such a State called Constitutional Convention even possible today? And even if it happened, would it accomplish anything? And if the problems are obvious, why did the Framers even put the clause allowing the States to call a convention in the Constitution in the first place?

In Los Angeles, a man is suspected of several crimes. When the Police reach his apartment and knock, a woman answers the door and gives the LAPD permission to enter, even as he shouts that they cannot. Previous rulings hold that the Police can enter under that circumstance, but that's when things get weirder and turn even more L.A... 

Dave, Jeff, and Pat look at the 4th Amendment and the Fernandez ruling

The Peruta ruling on the California Law requiring a person to "show good cause” has a great deal of local impact as one local Sheriff requires "good moral character” in addition to showing good cause. Dave, Jeff, and Pat on the 2nd Amendment and the ruling

Free Speech -Members of The Insane Clown Posse and their fans file a lawsuit alleging violations of their 1st Amendment rights to be jerks. Or something like that, anyway. The backdrop is the "firing” and rapid "un-firing” of Phil Robertson after he expressed his own opinions. Dave, Pat, and Jeff look at the 1st Amendment and speech.

1st Amendment Establishment of Religion - When a long-standing monument is accused of being an establishment of religion, the court cases start flying and the counter-accusations begin to mount up. Dave, Pat, and Jeff look at The 1st Amendment and Religion

1st Amendment Introduction - The NSA might be the only Department in the Government that actually listens to the people, but they have absolutely no sense of humor about it at all. Does the 1st Amendment give us the right to make fun of them? Dave, John, Pat the Lawyer and Chatroom Jeff kick off the Saturday Podcast of Constitution Thursday