Legale§e

Today on Legalese we are going to be examining the case of Brunson v Adams (Also commonly referred to at Docket 22-380). Raland Brunson is suing 388 members of Congress, Joe Biden, Kamala Harris & Mike Pence seeking to kick them out of office then declare them traitors by judicial fiat and put Trump back in office immediately because he believes the election was stolen.

This case is fascinating for many reason and I want to share those reasons.

Whether you support this case, vehemently oppose it, or have simply never heard of it. Every one has something to gain from listening.

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Tags: Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, docket 22-380, Brunson v Adams, Raland Brunson, Lev Brunson, supreme court, treason, cert petition, election, overturn election, investigate congress, lawsuit, tenth circuit, district court, Utah

Today on Legalese is the first of two videos covering the Trial of Muhammad Ali In this part we focus of the history of Conscientious objection in the United States, get a general overview of the events that unfolded over a period of several years as Muhammad Ali fought what could be seen as his toughest fight ever. Fighting for his right not to go and fight in a war based on his religious convictions. We also discuss some parallels between the Vietnam War and the present war in Ukraine.

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Today on Legalese we will be taking a look at the legalized armed robbery that constitutes "Home Equity Theft”.

Last week, the Supreme Court agreed to grant cert on the merits for the case "Tyler v. City of Minneapolis". This case challenges the constitutionality of a Minnesota state law empowering local governments to seize the entire value of a property in order to pay off a much smaller delinquent property tax debt. The property owner in the case—93-year-old widow Geraldine Tyler—argues that this kind of uncompensated seizure of home equity violates the Takings Clause of the Fifth Amendment, which requires government to pay "just compensation" anytime it takes private property, and the Excessive Fines Clause of the Eighth Amendment.

So how does home equity theft actually work? How does the government justify this policy which stands in clear contravention to the 5th and 8th amendment's takings clause & excessive fines clause (respectively).

We will discuss the likely outcome of the case as well as the broader implications that this potential landmark 5th amendment case will have.

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Tags:  Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, supreme court, equity asset theft, 5th amendment, 8th amendment, takings clause, excessive fines clause, Geraldine Tyler, Tawanda hall, 6th circuit, 8th circuit, property rights, taxes, Minneapolis, Hennepin County

Cargill v. Garland, No. 20-51016 (5th Cir. 2023)

Today on Legalese, we will be discussing the recent case of Cargill v. Garland handed down by an en banc Fifth Circuit Court Of Appeals. This case was a big win for gun rights and a well-deserved kick in the teeth for unaccountable Administrative State Agencies.

We will discus the case, what it means moving forward and look at several other important implications that can be deduced by researching this case.

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Check out my new book “Constitutional Sleight of Hand: An explicit history of implied powers”

Legalese is community-supported venture that you can support with a one-time donation or monthly membership

Legalese is a podcast that discusses all things constitutional law and currents events in politics & other areas of law.

Tags: Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, court, gun, gun rights, bump stock, merrick garland, donald trump, fifth circuit, Cargill v Garland, bump stock ban, administrative state, deep state, 2A, second amendment, chevron deference

Today on Legalese, we add a new video to my series: “Today In Supreme Court History”

This latest installment looks at the landmark case of Printz v. United States.

We call it “Today” in Supreme Court history because it was on this day in 1996 that oral arguments for this case were heard by the Supreme Court; as two of our Nation’s finest litigators squared off.

Stephen Halbrook, representing Sherriff Printz and Sherriff Mack argues as the petitioner.

Walter J Dellinger III represented the United States as the respondent.

The Brady Handgun Violence Prevention Act (Brady Bill) required "local chief law enforcement officers" (CLEOs) to perform background-checks on prospective handgun purchasers, until such time as the Attorney General establishes a federal system for this purpose. County sheriffs Jay Printz and Richard Mack, separately challenged the constitutionality of this interim provision of the Brady Bill on behalf of CLEOs in Montana and Arizona respectively.

This case became a landmark in defining the meaning and scope of the anti-commandeering doctrine.

Legalese is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

Follow & Support

Check out my new book “Constitutional Sleight of Hand: An explicit history of implied powers”

Legalese is community-supported venture that you can support with a one-time donation or monthly membership

Legalese is a podcast that discusses all things constitutional law and currents events in politics & other areas of law.

Tags: Law, Constitution, Politics, legal theory, Current Events, anti-commandeering doctrine, supreme court, Printz, Mack, united states, tenth amendment, sheriff, CLEO, chief law enforcement officer, second amendment, federalism

Today on Legalese we take a look at the history of the right to privacy as well as the common law origins of our fourth amendment.

Check out my new book “Constitutional Sleight of Hand: An explicit history of implied powers”

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Legalese is community-supported venture that you can support with a one-time donation or monthly membership

Legalese is a podcast that discusses all things constitutional law and currents events in politics & other areas of law.

Tags: Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, common law, fourth amendment, 4th amendment, search and seizure, england, edward coke, william blackstone, james otis, writs of assistance, paxtons case, the rights of british colonies, colonial era, property right, right to privacy

Today on Legalese we are going to be discussing a little known area of constitutional law known as the state legislature doctrine that will play a major role in a landmark case the Supreme Court will be hearing this term. This is Moore v Harper, almost certainly it has already become the most controversial case the Court will be hearing for their Fall 2022 term.

Links mentioned In The Episode

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Legalese is community-supported venture that you can support with a one-time donation or monthly membership

Legalese is a podcast that discusses all things constitutional law and currents events in politics & other areas of law.

Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, supreme court, scotus, ,state legislature doctrine ,independent state legislature, gerrymandering, federal functions, districting, federalism, state constitution, federal constitution, Article 1, time place manner

Today we have the latest installment of my series "Ignorance of the Law". . This where we take some time to highlight stupid, pointless, hypocritical and useless laws passed by the government; To point out that while the government will tell you ignorance of the law is no excuse for breaking the law, they clearly consider ignorance an excuse when making and enforcing the law.

This episode has 3 examples of ignorant laws being ignorantly enforced.

First we look at the foster care system in the State of Maine and their regulations regarding bunk-beds; and we share the story of some sweet old grannie taking care of her grandkids and how Maryland's laws are bunk-fucking grannie with their rules against foster children sleeping in bunk beds.

Md. Code Regs. 07.05.02.10 - Foster Parent's Home, Equipment, and Supply Requirements

D. Sleeping and Living Quarters.

(3) Each child shall have adequate bedding and an individual bed which may not be a cot, sofa, sofa bed, double-tiered bed, bunk bed, or any type of portable bed.

Second, we look at a case from Minnesota where the 8th circuit Court of Appeals has granted qualified immunity to a government employee who exercises police powers despite not being a policeman and answer the question:

"what are you supposed to do when a government employee who is not a police officer pulls you over, detains you for hours, and tries to perform a traffic stop, despite having no authority to do so?"

Finally I discuss why certain Halloween costumes just might make any child wearing it a potential felon.

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Legalese is community-supported venture that you can support with a one-time donation or monthly membership

Legalese is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

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Tags: Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, ignorance, law, court, grannie, bunk bed, child protective services, foster care, home, family, Maryland, government, regulations, NASA, copyright, trademark, government, qualified immunity

Today's videos is not your typical podcast episode. It's a project. In fact its a project I could use your help on. David Hogg, the darling of the anti-gun movement has a habit of trying to shoe-horn his personal opinion that guns are bad into the Second Amendment and into American Law all the time & while he often says he is willing to discuss why he believes that with gun right advocates he doesn't seem to ever actually do it. I have tried reaching out to him twice in the past year to offer a chance to change my mind about guns and get no reply. 

So I am Hoping all of you lovely people out there will take just a moment and head over to David Hogg's Twitter page and to a specific tweet he recently since that I respond to in this video & I am hoping you will share this video with him and respectfully ask him to find the time to join me here on the Legalese Podcast so we can have a discussion about the second amendment and about the morality of gun control

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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Today on Legalese we have my fall Supreme Court Roundup. Of the cases the Supreme Court has agreed to hear this upcoming term I have focused on 5 which I believe have a high likelihood of becoming landmark cases in constitutional law jurisprudence.

Including one case dealing with the Independent State Legislature Doctrine, based on Article I, Section 4, Clause 1 of the Constitution.

As well as two commerce clause cases, one dealing with the Indian Commerce Clause and another dealing with the dormant commerce clause as well as anti-commandeering doctrine under the tenth amendment.

Finally we have two cases regarding Section 230, the statute often referred to as the Internet's first amendment.

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Legalese is community-supported venture that you can support with a one-time donation or monthly membership

Legalese is a podcast that discusses all things constitutional law and currents events in politics & other areas of law.

Tags: Law, Constitution, Politics, legal theory, Moral Philosophy, Current Events, supreme court, scotus, writ of cert, commerce, commerce clause, indian, dormant commerce clause, indian commerce clause, section 230, independent state legislature doctrine, state legislature, twitter, google, national pork producers, ross, moore v harper, haalan v braaken, haalan, braaken, voting rights, tenth amendment, anticomandeering doctrine, pike test, pike doctrine, anti-terrorism act, ATA, dormant