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- What Is American Constitutional Republicanism?
It seems like every election cycle people can't wait to have all manner of pointless debates, where two factions engage in politics as team sport. Competing to see which team can talk the most while substantively saying the least and competing to see who can actively & most thoroughly dismiss their opponent's arguments Prima Facie. I am speaking of the controversy over whether we are a Democracy or a Constitutional Republic.
I want to end this whole debate by proving that anyone who presents you with this choice is trying to sell you a false bill of goods... This holds true both when being discussed in the parlance of our times and then through an Originalist argument based directly on the arguments made by those who drafted and ratified the Constitution.I will be doing this by re-enacting that Great Debate between the Federalists and Anti-Federalists over what our system of government should operate in alignment with our Nation's founding moral philosophy, that is known as American Constitutional Republicanism►00:00 Introduction►02:35 Constitutional Republic or Democracy►12:40 Historical Evidence►17:58 Montesquieu's Political taxonomy►27:50 American Constitutional Republicanism►30:30 The Great Debate - Advocates and Opponents of the ConstitutionArticles by Eugene Volokhhttps://reason.com/2015/05/13/is-the-united-states-of-americ/https://reason.com/2016/11/14/the-united-states-is-both-a-re/https://reason.com/2016/12/16/is-america-a-republic-or-a-dem/"A Republic, Not A Democracy? Initiative, Referendum, and the Constitution's Guarantee Clause" By: Robert Natelson https://works.bepress.com/robert_natelson/24/"How the U.S. Election Process Has Changed" By: Sam Jacobs https://www.silverdoctors.com/headlines/world-news/constitutional-republic-vs-pure-democracy-how-the-u-s-election-process-has-changed/Baron de Montesquieu,Complete Works, vol. 1: https://oll.libertyfund.org/titles/montesquieu-complete-works-vol-1-the-spirit-of-lawsThe Spirit of the Laws (1748) https://thefederalistpapers.org/wp-content/uploads/2013/01/The-Spirit-of-The-Laws.pdfThe Federalist Papers: https://www.thefederalistpapers.org/wp-content/uploads/2012/12/The-Complete-Federalist-Papers.pdfCollected works of Greco-Roman philosophers and historians of Classical RepublicanismThucydides - https://oll.libertyfund.org/people/thucydidesAristotle - https://oll.libertyfund.org/people/AristotleTacitus - https://oll.libertyfund.org/people/publius-cornelius-tacitusPlutarch - https://oll.libertyfund.org/people/plutarchLivy - https://oll.libertyfund.org/people/titus-livius-livyCicero - https://oll.libertyfund.org/people/marcus-tullius-cicero1 hr 13 min - Trump's Twitter Trashing Tirade
On this episode of Categorical Imperatives, we go through Trump's Social Media executive order & why this demand for "free speech" is repugnant to the Constitution, the first amendment, individual liberty and free association.
Current events, law, politics & culture through a lens of legal and moral philosophyFollow & Support
To find the show on other platforms, find the articles I publish about law & moral philosophy or follow me on social media:LBRY - https://lbry.tv/@CategoricalImperatives:aOdysee - https://odysee.com/@CategoricalImperatives:aYoutube - https://www.youtube.com/user/ReverendBob23/Bitchute - https://www.bitchute.com/categoricalimperatives/Substack - https://categoricalimperatives.substack.com/Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/Twitter - https://twitter.com/LockeanLiberalHow to support the channel:Patreon: www.patreon.com/categoricalimperativesCome join me over on Patreon right now for as little at $2/month as a Citizen ProducerPayPal.Me - https://www.paypal.com/paypalme/categoricalimperativAll PayPal Donation Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58¤cy_code=USDVenmo Donations - http://www.venmo.com/LockeanLiberalShow Suggestions, Ideas, Questions or Topic Request : These are best madeE-mail the Show: [email protected]Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.33 min - Why the Tenth Amendment Center is Wrong about the Fourteenth Amendment\
We discuss the 14th Amendment, Incorporation Doctrine, Substantive Due Process and what is the real world effect these Constitutional doctrines have on public discourse, jurisprudence and individual liberty
Previous video on Incorporation Doctrine - https://youtu.be/-YQinwxV4GMPath To Liberty - https://blog.tenthamendmentcenter.com/2020/03/quarantine-states-feds-and-the-constitutions/Was the Bill of Rights Meant to Apply to the States? By Mike Maharrey - https://tenthamendmentcenter.com/2014/10/13/was-the-bill-of-rights-meant-to-apply-to-the-states/Incorporation of the Bill of Rights in the Fourteenth Amendment By Raoul Berger - https://tenthamendmentcenter.com/2015/07/27/incorporation-of-the-bill-of-rights-in-the-fourteenth-amendment/The 14th Amendment and the Incorporation Doctrine By Dave Benner - https://members.tenthamendmentcenter.com/ebook-the-14th-amendment-and-the-incorporation-doctrine/TAC Homepage - https://tenthamendmentcenter.com/Current events, law, politics & culture through a lens of legal and moral philosophy33 min - Making Sense Out Of A Senseless War: A Discussion with Scottt HortonMy latest discussion with Scott Horton34 min
- Is Paper Money Constitutional: The Tenth Amendment Center Gets The Coinage Clause All Wrong
In a recent article by Jacob Hornberger, published by the Tenth Amendment Center called "Why Is Paper Money Constitutional?" They just can't seem to get anything right. It's frankly a shocking abandonment of any pretense of Originalist Interpretation for something that really sounds more like a libertarian argument for a living Constitution.
We go through the Article point by point and examine why this article is more than just a difference of opinion between myself and a group of people who I greatly respect and almost always agree with. Which is what makes this abortion of a Constitutional interpretation so tough to let go.If you have followed this show for any length of time, I am sure you have heard me praise, recommend & cite the Tenth Amendment Center. Likely on multiple occasions.And for those who have been following me a very long time may remember that during the libertarian presidential primaries, I was 100% behind Jacob Hornberger the entire time. If any of those 3 people (Mike Maharrey, Michael Boldin & Jacob Hornberger) ever happen to see this I do hope you will understand that I mean no disrespect towards you. They are fantastic people doing great work for liberty. And since I know a large protion of my subscribers are aware of and have equal respect for Mike, mb & JacobbWhy Is Paper Money Constitutional? - https://tenthamendmentcenter.com/2021/05/24/why-is-paper-money-constitutional/►00:00 Introduction►06:12 Summarizing Earlier Arguments►10:14 Assessing Prior Arguments►12:37 English Law and Practice►19:01 Kinds of American Paper Money►24:41 The Confederation Era►25:49 Why a Coinage Clause Was Necessary►30:22 Original Public Meaning of the Coinage Clause►31:39 Original Meaning and Understanding of "Regulate the Value"►33:57 The Ambiguous Original Public Meaning of "Coin"►44:34 The Ratifiers Choose a Meaning for "Coin"►59:46 Conclusion46 min - The Legal Tender Cases: What Libertarians Get Wrong About Founders And Fiat
This episode looks at the legal Tender Cases and their relation to our last episode from yesterday discussing an article about how libertarians and sound money advocates forget themselves and get the Constitution wrong, IN SPITE OF their own values, not because of them....
Legal Tender Cases, 79 U.S. 457 (1870) - https://supreme.justia.com/cases/federal/us/79/457/Knox v. Lee, 79 U.S. (12 Wall.) 457 (1871) - https://en.wikipedia.org/wiki/Knox_v._LeeHepburn v. Griswold, 75 U.S. (8 Wall.) 603 (1870) - https://en.wikipedia.org/wiki/Hepburn_v._GriswoldWhy Is Paper Money Constitutional? - https://tenthamendmentcenter.com/2021/05/24/why-is-paper-money-constitutional/Follow & SupportCome join me over on Patreon right now for as little at $2/month as a Citizen ProducerPatreon: www.patreon.com/categoricalimperativesPayPal.Me - https://www.paypal.com/paypalme/categoricalimperativAll PayPal Donation Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58¤cy_code=USDVenmo Donations - http://www.venmo.com/LockeanLiberalBitchute - https://www.bitchute.com/categoricalimperatives/LBRY - https://lbry.tv/@CategoricalImperatives:aOdysee - https://odysee.com/@CategoricalImperatives:aYoutube - https://www.youtube.com/user/ReverendBob23/Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/Twitter - https://twitter.com/LockeanLiberalShow Suggestions, Ideas, Questions or Topic Request : These are best madeE-mail the Show: [email protected]►00:00 Introduction►06:12 Summarizing Earlier Arguments►10:14 Assessing Prior Arguments►12:37 English Law and Practice►19:01 Kinds of American Paper Money►24:41 The Confederation Era►25:49 Why a Coinage Clause Was Necessary►30:22 Original Public Meaning of the Coinage Clause►31:39 Original Meaning and Understanding of "Regulate the Value"►33:57 The Ambiguous Original Public Meaning of "Coin"►44:34 The Ratifiers Choose a Meaning for "Coin"►59:46 Conclusion1 hr 4 min - The Bill Of Rights As A Term Of Art (Part II)
Episode #50
Justice Hugo Black famously said that the bill of rights is the heart of the Constitution.Contemplating what he meant by that is an interesting question to ponder. But even more compelling is asking the question what exactly is the Bill Of Rights? Because the first 10 amendments to the Constitution were never consistently even considered A bill of rights, and certainly not THE Bill Of Rights. This only occurs around the time Justice Hugo Black said these amendments were the bill of rights and they are the heart of the Constitution, but that was in the mid 20th Century.This series explores their drafting, their application throughout the country from the earliest days to modern day, it also follows their meaning during history which was something that changed over time as their applications began to be differentFollow & SupportPatreon: www.patreon.com/categoricalimperativesPayPal.Me - https://www.paypal.com/paypalme/categoricalimperativAll PayPal Donation Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58¤cy_code=USDVenmo Donations - http://www.venmo.com/LockeanLiberalLBRY - https://lbry.tv/@CategoricalImperatives:aOdysee - https://odysee.com/@CategoricalImperatives:aYoutube - https://www.youtube.com/user/ReverendBob23/Bitchute - https://www.bitchute.com/categoricalimperatives/Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/Twitter - https://twitter.com/LockeanLiberalShow Suggestions, Ideas, Questions or Topic Request : These are best madeE-mail the Show: [email protected]Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.►00:00 Introduction►02:20 Part 1 Recap►05:40 III. The New Deal►07:20 Section III part One: The Master Politician►13:53 Section III Part Two The Bill Of Right Goes To War►31:55 IV Judicial Review►33:24 Section IV Part One The Rough Rider►38:03 Section IV Part Two The Road To Barnette►42:38 Section IV Part Three A Fixed Star In The Constitutional Constellation►47:43 Section IV Part Four The Right To Privacy►53:09 Section V Conclusion►59:46 Conclusion1 hr - The Heart Of The Constitution - How the Bill of Rights Became the Bill of Rights
Categorical Imperatives Episode # 25
Happy Bill of Rights Day! Today on Categorical Imperatives I thought it would be fitting to celebrate Bill of Rights Day (The day in 1791 the first 10 amendments to the Constitution) by discussing very new research that is completely rewriting the history of our so-called Bill of Rights.We will discuss how the bill of rights wasn't seen as a bill of rights until 941. That anytime someone tries to put this label on the first ten amendments it has ALWAYS been to justify an expansion of federal power at home, both nationally and among the several states. This recent scholarship which has only began to emerge within the last 5 years thanks to historian Pauline Meier and legal scholar Gerald Magliocca. We turn everything you thought you knew about these amendments on it's head.Today will be Part one, discussing the original understanding of the amendments in 1791 by those who drafted and ratified these amendments. As well as the first attempt to try applying this label to some of these amendments by figures like John Bignham and through the 14th amendment's Incorporation Doctrine.Tomorrow for pat two we will be looking at how the "Bill of rights" label was only truly applied to these 10 amendments by FDR as justification for his new deal and as patriotic cannon fodder to gin up fears of Hitler during WWII. Then we will finish by looking at it's latest reinvention as a mean of giving the federal judiciary more power by using these amendments to justify a much greater expansion of Judicial Review than had ever existed before WWIICategorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.Categorical Imperatives On Bitchute - https://www.bitchute.com/categoricalimperativesCategorical Imperatives on LBRY - https://lbry.tv/@CategoricalImperativesLockean Liberal On Parler - https://parler.com/profile/Lockeanliberal38 min - Who Reigns Supreme In Britain
On a recent episode I did about the American conception of Popular Sovereignty I was asked how Sovereignty works in England, and it's actually a pretty damn interesting question to answer. This gave me a chance to touch on much of my most favorite areas of the study and practice of law: Constitutional law, Common Law & Comparative all mixed in with the fascinating history of power struggle and usurpation that made Britain a nation known for it's rule by consent and strong sense of English liberty. We discuss English Sovereignty and then give a captive discussion on how it contrasts and compares with American Jurisprudence and even how a concept known as "Parliamentary Sovereignty" and it's little known role in the earliest causes of the American rebellion that turned into our Revolution from the country whose liberties we loved, then lost, then re-created in our own image.
---Send in a voice message: https://anchor.fm/categoricalimperatives/message45 min - Sedition: An American Virtue
In today's episode of Categorical Imperatives I attempt to rehabilitate the term "Sedition". We have heard it used a great deal lately and always as a negative. I wish to suggest and show that Sedition is a distinctly American virtue that should be treasured instead of shunned. I will discuss the deplorable truth of our past Sedition laws, namely those of 1798 and 1918 and use them to show you why people, largely on the left, calling for new Sedition laws following the January 6th storming of the Capital should really rethink their position.
As I will demonstrate in this video, sedition laws are always used first and foremost to prosecute the very people who demanded their passage.How Supreme Is The Supreme Court?” https://libertarianinstitute.org/articles/how-supreme-is-the-supreme-court/Cooper v Aaron: https://youtu.be/5PM4cEzkxzcFollow & SupportCome join me over on Patreon right now for as little at $2/month as a Citizen ProducerPatreon: www.patreon.com/categoricalimperativesPayPal.Me - https://www.paypal.com/paypalme/categoricalimperativAll PayPal Donation Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58¤cy_code=USDVenmo Donations - http://www.venmo.com/LockeanLiberalBitchute - https://www.bitchute.com/categoricalimperatives/LBRY - https://lbry.tv/@CategoricalImperatives:aOdysee - https://odysee.com/@CategoricalImperatives:aYoutube - https://www.youtube.com/user/ReverendBob23/Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/Twitter - https://twitter.com/LockeanLiberalShow Suggestions, Ideas, Questions or Topic Request : These are best madeE-mail the Show: [email protected]Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.►00:00 Introduction►06:38 Woodrow Wilson: What A Dick, Right?►17:33 Schenck v United States (1919)►21:26 Debs v United States (1919)►22:18 Abrams v United States (1919)►24:24 Sedition In The Modern Era►27:12 The Alien & Sedition Acts of 1798►28:35 Virginia & Kentucky Resolutions►32:00 Madison's Two Theories of The Freedom of Speech►34:50 Thomas Jefferson & Why Sedition Is The Greatest Virtue For Liberty►38:50 Conclusion41 min
About Legale§e
From the publisher's feed
Legalese is a podcast discussing all things constitutional law, as well as current events in law, politics and culture.