Although NSA spying remains the most high-profile warrantless surveillance program, the federal government has created a national surveillance network that extends well beyond the operation of this single agency. In fact, state and local law enforcement have become vital cogs in the national surveillance state. On this episode, get an overview of state and local actions to push back on surveillance technologies such as license plate tracking, cell site simulators, facial recognition and more.

Path to Liberty: October 12, 2020

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State of the Nullification Movement Report

Status Report: Nullifying the National Surveillance State

Street Level Surveillance: Top-4 Technologies and Strategies to Stop Them

How One State Turned off the Water to the Feds and Won

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Whether they supported or opposed the Constitution – virtually everyone at the time of ratification was in agreement on at least one major thing – the threat to liberty from consolidation. Brutus, one of the leading anti-federalist writers – explained why.

Path to Liberty, Fast Friday Edition: October 9, 2020

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Brutus No. 1

Jefferson to Cabell (2 Feb 1816)

Patrick Henry – consolidation

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In order to advance liberty in the face of the largest government in the history of the world, good strategy is essential. It’s do-or-die in many situations. But yet, supporters of the 2nd Amendment keep pushing tactics that are making things worse. In this episode, 2 examples – one from the courts, and one from the states.

Path to Liberty: October 7, 2020

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Virginia 2nd Amendment Sanctuaries: Rhetoric vs Reality

These 10 new Virginia gun laws go into effect next week

Pro-gun localities accounted for nearly half of Virginia’s red flag orders in law’s first months

The Best “2nd Amendment” Resolution By Far…So Far?

4 Essential Steps to Protect the Right to Keep and Bear Arms

Federal Courts Fail Again in Washington Gun Case

3 quotes from Thomas Jefferson:

To Thomas Ritchie (25 Dec 1820)

To William Johnson (4 Mar 1823)

Summary View of the Rights of British America (1774)<...

On Oct. 6, 1787, just over a week after the Confederation Congress voted to send the proposed Constitution to the 13 states for consideration, future Supreme Court justice James Wilson gave one the most prominent and important speeches in support of ratification. Yet, you’d be hard-pressed to find any government schools teaching about it at all.

Path to Liberty: October 5, 2020

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James Wilson’s State House Yard Speech (full text)

Benner: Wilson’s Speech, a Primer

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In 1791, Thomas Jefferson wrote his Opinion on the Constitutionality of a National Bank, opposing it primarily on 10th Amendment grounds. He also rejected claims that used the commerce, general welfare and necessary and proper clauses.

Path to Liberty, Fast Friday Edition: October 2, 2020

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The Constitutionality of a National Bank: Hamilton vs. Jefferson

Jefferson’s Opinion on the Constitutionality of a National Bank : 1791

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Brave:

“A free government never degenerated into tyranny all at once, it is the work of years.” It took many years to build it, and it’s going to take many more to turn things around.

Path to Liberty: September 30, 2020

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James Otis Jr (27 Apr 1767)

John Dickinson – Cortes – Letter IX From a Farmer in Pennsylvania

Jefferson Talons – Notes on Virginia – first published 1785

Franklin to Jane Mecom (1 Nov 1773)

Richard Henry Lee – Federal Farmer IV (12 Oct 1787)

John Admas to Abigail Adams (7 Jul 1775)

James Iredell (29 Jul 1788)

Theophilus Parsons (23 Jan 1788)

John Hancock

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12 quotes from four Supreme Court Justices nominated by Pres. George Washington – on property rights, federal power, resistance and more – show just how much things have changed. And not for the better.

Path to Liberty: September 28, 2020

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John Jay

Address to the people of Great Britain (5 Sept 1774)

Federalist #4

Georgia v. Brailsford (1794)

James Wilson

State House Speech (6 Oct 1787)

Convention (16 June 1787)

28 Oct 1787

1 Dec 1787

Oliver Ellsworth

7 Jan 1788

Same – coerce

James Iredell

Factions (30 Jul 1788)

Usurp and resist

Bare-faced usurpation

For the “Father of the Constitution,” giving interpretive supremacy to any one branch would destroy the separation of powers. So who decides? Under Madisonian view – everybody.

Path to Liberty, Fast Friday Edition: September 25, 2020

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Paulsen: The Relevance and Irrelevance of James Madison to Faithful Constitutional Interpretation

Federalist 49

Removal Power of the President (17 June 1789)

Federalist 48

Report of 1800

The Marbury v Madison Myth

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This bleak state of affairs surrounding the Constitution – and especially the federal courts – should not surprise anyone who has read the many warnings from the Anti-Federalists.

Path to Liberty: September 23, 2020

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Thomas Jefferson to William Charles Jarvis (28 Sept 1820)

Thomas Jefferson to Francis Hopkinson (13 Mar 1789)

Aaron Coleman: Anti-Federalists and the Roots of Judicial Oligarchy

George Mason (18 Jun 1788)

Patrick Henry (23 Jun 1788)

The Dissent of the Minority of the Pennsylvania Convention, Pennsylvania Packet (18 Dec 1787)

William Grayson (21 Jun 1788)

Patrick Henry (20 Jun 1788) – responding to James Madison

Samuel Spencer NC (28 Jul 1788)

Samuel Jones NY (5 Jul 1788) – Resolution in committee

Mason again – qualified immunity?

Stare decisis is the doctrine of precedent – that a court should rule the way a previous court did – even when the judges of the second court disagree with the earlier. Is there a way to apply this doctrine without putting the precedent at a higher standing than the Constitution itself?

Path to Liberty: September 21, 2020

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Barnett: Stare Decisis for Originalist Judges

Supreme Court as a Legislature: A Dissent

Federalist 78

Federalist 81

Wurman: Stare Decisis in an Originalist Theory of Law

Berger: Government by Judiciary

Bigger Problem Underlies Supreme Court Fight

The Supreme Court Issues Opinions, not Law

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