The Constitution Study podcast

Paul Engel: Author, speaker and podcaster

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Join a group of Everyday Americans as we learn to read and study the Constitution, and teach the rising generation to live free.

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241 episodes

414 - Disarming The Militia Act

The gun grabbers in Congress are at it again. Attempts to disarm the American people have only been moderately successful over the past few years. So a bill was recently introduced in the House of Representatives entitled “Preventing Private Paramilitary Activity Act of 2024”. This bill wants to make it a crime for private citizens to work together to defend their rights. If this bill were to become law some day, even training together could not only get you fined, but placed in jail, possibly for life. Have these members of Congress forgotten that our war of independence was started by an attempt by the British governor of Massachusetts' attempt to disarm the people? That the the battles of Lexington and Concord were fought by private citizens who formed a militia? Or could it be that they just don’t care about our rights and the Constitution, and are just looking for another way to subjugate the American people?

18m
Mar 25
413 - How the 16th Amendment Destroyed the Republic

As April 15th approaches, and people spend valuable time and money on filing their income tax return. While plenty of people grouse and complain about paying income taxes, most don’t realize that the cause of their pain is the actions of the states back in 1913. When the states ratified the Sixteenth Amendment they did more than just help the feds collect income taxes, they fundamentally changed the republic for the worse.

18m
Mar 18
412 - Sovereign Immunity

When can you sue the government? What started out as an erroneous credit report filing has turned into the heart of the question brought before the Supreme Court in the case Department Of Agriculture Rural Development Rural Housing Service V. Kirtz (USDA v. Kirtz). However, what the court found, and how it got there, points to a serious flaw in the constitutional education of lawyers and judges throughout this nation.

15m
Mar 11
411 - Electing a U.S. President

Every four years, the United States goes through the ritual of electing a President. I use the term ritual for two reasons. First, most Americans' understanding of the election process is based in custom or rites rather than the law. Second, most of the customs Americans follow directly contradict the actual process of electing a President of the United States.

18m
Mar 04
410 - Is Refusing to Wear a Mask Unconstitutional?

I've spoken repeatedly about the unconstitutionality of most mask mandates. Recently, the Third Circuit Court of Appeals was asked to review two cases where people were punished for attending school board meetings while refusing to wear masks. Sadly, the cases, as described in the Circuit Court opinion, seem poorly founded, thus leading to decisions against the plaintiffs. I think a closer look will not only show the flaws in the case, but help others build better ones in the future.

15m
Feb 26
409 - Abuse of the No Fly List

while looking through recent oral arguments at the Supreme Court, I stumbled across the case FBI v. Fikre. At first, I thought it was another simple procedural case, but something about it caught my attention. The oral arguments held before the Supreme Court were about whether Mr. Fikre's case that his rights were violated when he was placed on the No Fly List was no moot because he ad been removed from the list. As I stated looking deeper into the case though, I found intrigue worthing of a Grisham novel.

19m
Feb 19
408 - Primaries, What Are They Good For?

I propose that all board elections for non-profit corporations should be run by the state at taxpayer expense. After all, we already have taxpayer funded elections for private organizations. We call them “Primaries”. While this year's presidential primary is pretty much a fait accompli, there are still hundreds, if not thousands of primary elections that will be held over the next few months. In some cases the race is so partisan that the primary effectively decides the race and the general election is moot. What is the purpose of these taxpayer funded private elections? Why to limit your choices on election day of course. So why do we keep paying for someone else to take away our choices?

14m
Feb 12
407 - Chevron Deference

For decades, Congress has been turning over more and more lawmaking power to the Executive Branch. Frequently this is done by legislation giving the head of some agency or department the power to establish rules which have the force of law. What happens when the legislation doesn't explicitly say that such-and-such department has the power to make a certain rule? To deal with this, courts have come up with something called "Chevron Deference". While the case Loper Bright Enterprises, v Gina Raimondo, Secretary Of Commerce deals with who pays the salaries of federal observers on fishing boards, a more fundamental questioning of the court's deference to government agencies interpretation of law is the cornerstone of the petitioner's arguments.

20m
Feb 05
406 - Regulating Your Life

Have you noticed how often the government of the United States decides how you should live your life? It seems everything from food and drugs to the lightbulbs in your home are regulated by Uncle Sam. And whenever some bureaucrat deems it necessary, they simply roll out another "rule" or "regulation" to clamp down on the American people. It seems though, that one of those agencies may have bitten off more than they could chew, at least according to the Fifth Circuit Court of Appeals. In the case Louisiana, et. al. v. U.S. Department of Energy the court decided that one of the DOE's rules was illegal, but was it unconstitutional?

19m
Jan 29
405 - The Real Insurrection in America

Although I've talked about the recent attempts to keep Donald Trump off the 2024 ballot on the radio program, I realized I haven't taken the time to do an in-depth article here. I apologize for taking so long to broach this extremely important topic in this venue. Unless you've been hiding from everything politics in the United States, you are aware that there are actors in several states that have sued in their state courts to disqualify Donald Trump from being on their states primary election ballot for President of the United States. As of this writing, in only two states, Colorado and Maine, have those actors found some measure of success. While this case will undoubtably find its way to the Supreme Court, this truly is a state issue, even though it has national importance.

16m
Jan 22
404 - Lawsuits for Revenge and Profit?

One of the most common ways for an American to seek a redress for some grievance is to file a law suit. This has made the United States a very litigious society. I was not able to determine the number of lawsuits filed, but in 2023 there were more attorneys in the United States (1.33 million) than doctors (1.08 million). As you might imagine, it is unlikely that all of these lawsuits are legitimate. Take for examples the case of Acheson Hotels, LLC v. Laufer. In this case, Acheson Hotels claims that Deborah Laufer filed a lawsuit against them not because she was harmed by their hotel, but because she is an activist using the Americans with Disability Act to harass companies who do not advertise whether or not they have handicapped accessible rooms. While the Supreme Court found that the case was moot, both the facts of the case and the courts decision points to what appears to be a case of Ms. Laufer using lawsuits for both revenge and profit.

15m
Jan 15
403 - What is Income?

There are certain words that are so commonly used we think they have a universal understanding. One of those words is "income". Think about it, what is income? Your paycheck? Dividends on your investments? Profits from your business? When does an increase on the value of something you own become "income"? The answer to that question is important to more than just the parties in the case Moore v. United States, but to just about every American. Can the United States tax you, as income, for the value of something you have not sold yet?

17m
Jan 08
402 - New Years

I don't "do" New Years Resolutions. To me, they're one step above a campaign promise. (At least you intend to keep your resolutions.) That said, the beginning of a new year is a good time to consider your future. What plans do you have for the new year? While I do not make New Years Resolutions, if you do, here are a few ideas I think you should consider.

11m
Jan 01
401 - A Christmas Wish

Thankfully, I have not seen the level of controversy over name "Christmas" this year that I've seen in years past. Whether or not you celebrate the holiday, 5 USC §6103 lists December 25th as the holiday "Christmas Day", which is why government offices are shutdown today. Since I do celebrate the holiday, I decided to take a few minutes, and consider a few some Christmas wishes I have for you, this country, and The Constitution Study.

9m
Dec 25, 2023
400 - Washington’s Farewell Address - Part 2

As he prepared to leave office, President George Washington gave to us a Farewell Address. Friends and Citizens: The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made. Washington's Farewell Address 1796 As our thoughts are employed in the designation of the person who is to be clothed with the trust of administering the executive branch of the government of the United States, I think we should look back at the advice and warnings from the first occupant of that office.

1s
Dec 18, 2023
399 - Washington’s Farewell Address - Part 1

As he prepared to leave office, President George Washington gave to us a Farewell Address. Friends and Citizens: The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made. Washington's Farewell Address 1796 As our thoughts are employed in the designation of the person who is to be clothed with the trust of administering the executive branch of the government of the United States, I think we should look back at the advice and warnings from the first occupant of that office.

1s
Dec 11, 2023
398 - Will America be Destroyed From the Inside?

In 1837, Daniel Webster wrote: "I apprehend no danger to our country from a foreign foe... Our destruction, should it come at all, will be from another quarter. From the inattention of the people to the concerns of their government, from their carelessness and negligence, I must confess that I do apprehend some danger." I’ve been thinking about that statement lately. I came across a video that I had forgotten about. It’s part of an interview with Soviet defector Yuri Bezmanov. Mr Bezmanov was a former KGB agent who defected to Canada in 1970. Then, in 1984, he gave an interview to G Edward Griffin where he exposed a long-term Soviet plan to defeat America not by force of arms, but through psychological warfare. You may be asking, what does a late 20th century defector have to do with a 19th century lawyer and statesman, and how could it possibly be relevant to our situation in the 2020s? Come to find out, both of these men were quite prescient in their warnings to the American people.

21m
Dec 04, 2023
397 – Truth Under Attack

There have always been attacks on what is true. From the serpent in the Garden of Eden asking "Did God really say..." to today's attempts to quash "disinformation", truth has been under attack. While many of these attacks have been about what the truth is, over the past couple of generations, the idea of truth itself has been under attack. Why is that so? In the Gospel of John, Jesus said: And you shall know the truth, and the truth shall make you free.” John 8:32 (NKJV) Could the answer be that simple? Could the attacks on the very idea of truth simply be attacks on our freedom? If that is true, then what can we do to defend not only our freedom, but the very idea of freedom itself?

1s
Nov 27, 2023
396 - Hard Cases Make Bad Precedent

There is an adage in the legal profession, “Hard cases make bad law.” Well, since cases in this country to not truly make law only precedent, you might be tempted to dismiss this saying. However, since our courts are so devoted to their precedent, we should be very careful when hard cases come to the Supreme Court. For example, one case heard by the court has a very unsavory respondent. The question is, will Mr. Zackey Rahimi’s shady past be used to infringe on the right of the rest of Americans?

18m
Nov 20, 2023
395 - Social Media and Government Communications

Social media has become so much of everyday lives that we often don’t think about its use. This has led to what appears to be a large percentage of Americans developing what can at best be described as “interesting ideas” about the relationship between government and the various social media platforms. Some recent cases heard before the Supreme Court bring the question of the relationship between government actors and social media companies into question. Probably the best well known would be Missouri v. Biden, where the states of Missouri and Louisiana have brought suit claiming that members of the Biden Administration violated the First Amendment by attempting to influence what content would be deleted or deemphasized on various platforms. However, two other cases involving local officials focus on under what circumstances government actors can block access to their social media accounts. While most of the country seems to be focused on Missouri, these two cases bring up some questions the American people should really think about.

17m
Nov 13, 2023
394 - Placing Politics Above Children?

Studies show that the best outcomes for children is to live in a home with their married parents. If the world were perfect, then all children would have that chance. But the world isn't perfect, and either by accident or as the consequences of the actions of adults, children will be in need of people to step in for their parents. In our modern society, the role of finding homes for these children has been filled by the state government. What happens when those government entities place politics above the needs of their charges? A recent case in the U.S. District Court for Massachusetts deals with that very topic. Plaintiffs Michael and Catherine Burke claim that the State of Massachusetts Department of Children and Families (DCF) discriminated against them in their application to become foster parents for religious reasons. When I looked at the case what I saw wasn't so much religious discrimination, but DCF placing political viewpoints above not only the Constitution of Massachusetts, but what is best for the children in their care.

16m
Nov 06, 2023
393 - Public Recording

Do you have a right to record people in public? A recent case out of Oregon asked that very question, can states restrict who and when people can record the conversations in public. Oregon law prohibiting recording public conversation except in certain limited circumstances was challenged by Project Veritas. As is so often the case, both the legal challenges and judicial opinion make some questionable constitutional claims. This is why we’re going to look at the opinion of the Ninth Circuit Court Panel and decide for ourselves, does recording the public conversations of others violate the law or does the law violate the Constitution?

14m
Oct 30, 2023
392 - Your Right to Remain Silent

You have the right to remain silent. Anything you say can and will be used against you in a court of law... Miranda Warning If you've ever been taken into custody, or simply watched a crime procedural on TV, you're familiar with the Miranda warning, named after the 1966 Supreme Court case Miranda v. Arizona. However, if you're getting your legal advice from television, you may find yourself in serious legal trouble. Where does this right to remain silent come from, how is it protected, and just how constitutional is the Miranda decision?

15m
Oct 23, 2023
391 - Primary Control

As I write this, the United States is deep into the primary season for the 2024 Presidential Election. There is more than enough news, polls, allegations, recriminations, and influence peddling bombarding the American people, and will continue to do so, probably until the middle of next year. While most Americans have an idea of how the primary system works, it is usually superficial, incomplete, and ignores the fundamental purpose of election primaries, control of the election process.

15m
Oct 16, 2023
390 - Civil Asset Forfeiture, Policing for Profit

The more things change, the more they stay the same. Several years ago I wrote an article about the Battle of Athens, TN. In the article I showed the corruption in McMinn County Sheriff’s Department, where the Sheriff and his deputies did not receive a salary, but were paid for everyone they booked, incarcerated, and released. This perverse incentive let to deputies routinely boarding buses to “fine” and jail the passengers for any alleged violations they could come up with. When subject to this corruption, many GIs returning from World War II were led to challenge the corrupt county Sheriff and other office holders. This challenge led not only to an embattled election, but an armed uprising in an attempt to restore the rule of law. If you don’t find this story of corruption compelling, consider this. The same basic system of corruption in the McMinn County Sheriff’s Department exists across the country. While the McMinn County process did not have a name, the 21st century version does, Civil Asset Forfeiture!

19m
Oct 09, 2023
389 - Is Your State Committing Fraud in Presidential Elections?

I was having a discussion with someone online about how we elect the President and Vice President of the United States. I was doing some research to reinforce my point when I discovered something interesting, a state which had a fraudulent ballot in 2020. Thinking this was probably an individual mistake, I started looking at the sample ballots from each state in the 2020 election. I found mistakes in not just one state, or a handful of states, but in two-thirds of the state's ballots. Which leads me to believe these may not be mistakes at all, but fraud committed by the states in regards to electing the President and Vice President of the United States.

17m
Oct 02, 2023
388 - Executive Orders or Edicts?

President Obama famously said: "We're not just going to be waiting for legislation,... I've got a pen and I've got a phone…and I can use that pen to sign executive orders and take executive actions and administrative actions." President Obama on CBS News This is a perfect example of executive overreach should go down in history as the abuse of a President's executive power to usurp the powers of other branches

12m
Sep 25, 2023
387 - Honoring Constitution Day

Yesterday, September 17, 2023 was the 236th anniversary of the signing of the Constitution of the United States. Did you, your family, or your neighbors honor that day? Have you considered what parts of your life you enjoy because of that documents and the 27 amendments that have been made to it? Have you considered what your life, and that of your family, would be like should that document continue its fall into obscurity? To paraphrase William Shakespeare, “It was a constitution, take it for all in all, I shall not look upon its like again.” Today, I want to take sometime to consider not only what life would be like with a neutered and disabled Constitution, but what we are willing to do in order to keep it, and the protection of our rights it affords, alive and well in America. In our national anthem, we proclaim that the United Staters of America is the land of the free and the home of the brave. If we let the Constitution fall, then we will no longer be the land of the free, because We the People have not been brave.

13m
Sep 18, 2023
386 - In Loco Parentis, Tyrannis!

Who is in charge of your children? That has been a perennial question that has grown in importance over the last few years. When I was a child, it was understood that, with rare exceptions, parents were in charge of a child’s upbringing. This included medical, religious, and educational decisions. However, over the last few decades, the role of the parent in these decisions has been replaced by experts. What happens when the goal of the experts differs from those of the parents? Who decides the future of the rising generations? It was understood that the state acted in loco parentis, in place of the parents, only for the safety of the child. A recent case in U.S. District Court shows that be it health departments, child services, schools, or even the courts. Government not only believes they know better than the parents, they are more than willing to act in loco parentis tyrannis.

18m
Sep 11, 2023
385 - Do Artificial Intelligences Have Rights?

With the release of ChatGPT and other artificial intelligence (AI) applications, there has been a lot of speculation and downright assertions about our future. With over 30 years of experience in Information Technology (IT), not more than a passing understanding of AIs, I've come to the conclusion that much of what I've heard is more science fiction than fact. A recent court case decided in the D.C. District Court revolved around one very important question. Do AIs have rights?

12m
Sep 04, 2023