In today's episode of Categorical Imperatives we will be taking a look at beliefs amongst the sovereign citizen movement Including The capitalization of names on Court documents, the supposed meaning of gold fringe on a flag, The meaning of the term "color of law" The difference between suits at common law and suits in equity and the difference between the privileges and immunities of citizenship and their relation to natural rights in both Common law and Constitutional law.
Today on Categorical Imperatives we are going to be looking at the Electoral College.
In this video, Part One of a two part series we will be looking at The electoral College as compared to a system put forward by the National Popular Vote Movement.
In Part Two we will be examining the case law that compromises the Supreme Court's "One Person, One Vote" doctrine. What people think it means, why they are all wrong, what it actually means and what, if anything is the Constitutional basis to continue putting "one person, one vote into practice.
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PART ONE
Why do we use this system to elect the president? Why do some people believe we should have a National Popular Vote and why is the NPV a terrible idea.
We see how the National Popular Vote is a Trojan Horse being offered a "A more fair and Democratic system" when in fact it's an attempt by the left to swing elections to their side
We will also be examining a number of common Fallacies about the so-called "One Person, One Vote Doctrine".... Why it is not in any way Constitutional, but is a pointless example of legislating from the bench. It's also a doctrine most people, conservatives and leftists alike, tend to completely misunderstand and misinterpret.
So we will be examine the Landmark cases that comprise that doctrine and discussing them as a matter of Constitutional law, instead of the usual discussion that comes from tools like Chris Hayes on MSNBC... How they misread and misapply this doctrine in a way not at all consistent the law itself. Instead viewing it with a kind of prevented political redefinition that you find on the right and the left
Categorical Imperatives on Bitchute - https://www.bitchute.com/channel/categoricalimperatives/
Categorical Imperatives on Parler - https://parler.com/profile/Lockeanliberal/pos
Original Chris Hayes Segment - https://youtu.be/T1Dv25z480c
A Defense of the Electoral College By: Rob Natelson
https://tenthamendmentcenter.com/2020/04/06/a-defense-of-the-electoral-college/
Did Founder James Wilson oppose the Electoral College and favor “National Popular Vote?” By: Rob Natelson https://tenthamendmentcenter.com/2019/11/14/did-founder-james-wilson-oppose-the-electoral-college-and-favor-national-popular-vote/
The Electoral College is still right for America By: Rob Natelson
https://tenthamendmentcenter.com/2019/01/27/the-electoral-college-is-still-right-for-america/
Keep the Federal Courts Out of the Electoral College By: Tenth Amendment Center
https://tenthamendmentcenter.com/2016/12/10/keep-the-federal-courts-out-of-the-electoral-college/
Destroying the Electoral College Destroys Freedom By: Tom DeWeese
https://tenthamendmentcenter.com/2016/06/30/destroying-the-electoral-college-destroys-freedom/
The Plan to Circumvent the Presidential Election Process By: Bob Greenslade
https://tenthamendmentcenter.com/2010/09/01/the-plan-to-circumvent-the-presidential-election-process/
Constitutional Republic vs. Pure Democracy: How the U.S. Election Process Has Changed
By: Sam Jacobs
https://tenthamendmentcenter.com/2020/08/17/constitutional-republic-vs-pure-democracy-how-the-u-s-election-process-has-changed/
Why the “National Public Vote” Scheme is Unconstitutional By: Rob Natelson
https://tenthamendmentcenter.com/2019/02/09/why-the-national-public-vote-scheme-is-unconstitutional/
Categorical Imperatives is a podcast that uses legal theory and moral philosophy to discuss current events surrounding law, politics & culture.
Episode #59
Today we continue with the latest video for my ongoing series "Today In Supreme Court History" with the second installment in a three part series I am doing on the foundational Constitutional law case of McCulloch v. Maryland, 17 U.S. 316 (1819)
A case which is considered by some of our most prominent lawyers, jurists & scholars to be the most important case in the corpus of constitutional law. People like Rob Natelson, Randy Barnett, Josh Blackman, David Schwartz. As well as not so prominent constitutional scholars like me. I endorse this view of this case.
Episode One: Was a case brief on the with the historical and legal background relevant to the case.
Episode Two: We will be examining the role the Necessary & Proper Clause plays in this case, as well as a deep dive into the Original Public Meaning of the Necessary & Proper Clause
Part Three: Will be the legacy of McCulloch right up to today & why it is that the bad reputation this case has for constitutional conservatives who see McCulloch as the source of nearly unlimited federal power under the United States,. We will discuss how and why that reputation is largely unfair and inaccurate.
This episode covers::
►00:00 Introduction
►01:00 Textual Analysis of "Necessary" and "Proper"
►05:10 Original Meaning Of The Clause & The Three Great Purposes
►10:30 Interpretation of Necessary & Proper In McCulloch v Maryland
►23:27 Conclusion On The Original Meaning of Necessary and Proper
Episode on Legal Tender Cases (1871) - https://youtu.be/tQYaftCQJ3c
Court Opinion In McCulloch v. Maryland, 17 U.S. 316 (1819) - https://supreme.justia.com/cases/federal/us/17/316/
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
Episode #79
In this episode I am joined by Dave Decamp, writer and news editor for antiwar.com
With escalating tensions between the United States and Russia over the future of Ukraine it always feels their is vital, but missing, information and context in the official explanations our governments gives and in the way corporate media talks about the subject .
Dave has been following these events and writing about them over the last few months, so I brought him on the show to talk about what is being left out by our government and by the mainstream press in their coverage.
It was a great discussion, and I have no doubt you'll walk away at the end with a much better understanding of what is actually going on.
Where to find more from Dave DeCamp:
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
Today on Legalese we will be discussing the issue dripping from everyone’s lis across the nation. The balancing act between gun rights and stricter gun control. Gun rights and gun control are not a new topic to this channel, In fact I have assembled a playlist of past videos touching on this subjects quite a few times from quite a few different perspectives (See List Below)
Today’s video will be the first in a two part series looking at the best arguments for current gun control proposals, such as expanded background checks, assault weapons bans, Red flag laws, Discussing if it is indeed too easy for people with sinister motives to get their hands on a gun legally and more.
Where this video will differ from past videos is that while my usual position when it comes to all individual rights, namely that I like my civil liberties the same way I likes my women. Strictly enumerated, vigorously protected and absolute… I will instead be adopting a more middle of the road position.
Because this video is a genuine attempt to write an open letter to gun control advocates and meet them halfway. Which is why this video is premised on my uncritically accepting the assumption that: “If a policy for stricter gun control could be shown to have a demonstrable effect on numbers of gun violence and mass shootings, it would be worth curbing gun rights to implement that policy”
I am doing it this way because I believe most gun control advocates are arguing their positions in good faith, under the belief their proposals will reduce future gun violence and I also believe it can be demonstrably shown these arguments are made off a lack of information that means their proposals would be entirely unhelpful and in some cases, they are arguing for policies that are already in practice and vigorously enforced.
Past Episodes on Gun Rights & Gun Control - https://youtube.com/playlist?list=PL6NjbXOax5B01cxNekIOVZj-PQzyMY17c
HR8 https://www.congress.gov/bill/117th-congress/house-bill/
2021 Morning Consult Poll Background Checks - https://morningconsult.com/2021/03/10/house-gun-legislation-background-checks-polling/
Business Insider “I tried to buy a gun at Walmart twice, and roadblocks left me empty-handed both times” - https://www.businessinsider.com/walmart-gun-buying-review-virginia-store-2019-8
Washington Free Beacon “Store Owner: Undercover CBS Purchase of AR-15 Broke Federal Law” - https://freebeacon.com/issues/gun-store-contacts-atf-virginia-police-undercover-cbs-news-purchase-ar-15/
Washington Examiner “Columnist fails gun check, blames store owners” - https://www.washingtonexaminer.com/columnist-fails-gun-check-blames-store-owners
18 USC § 922(d) - https://www.law.cornell.edu/uscode/text/18/922
Meena Harris Tweet - https://twitter.com/meena/status/1529216221266079744
Uvalde school shooting: Teen gunman bought AR-15 style rifle day after he turned 18 - https://www.houstonchronicle.com/news/houston-texas/texas/article/uvalde-school-shooting-guns-17196715.php
Why Background Checks Do Not Stymie Mass Shooters - https://reason.com/2022/05/17/why-background-checks-do-not-stymie-mass-shooters/
Public Mass Shootings: Database Amasses Details of a Half Century of U.S. Mass Shootings with Firearms, Generating Psychosocial Histories - https://nij.ojp.gov/topics/articles/public-mass-shootings-database-amasses-details-half-century-us-mass-shootings
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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 on case dealing with the State Legislature Doctrine, based on Article I, Section 4, Clause 1 of the Constitution. As well as 2 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 2 cases regarding Section 230, the statute often referred to as the Internet's first amendment.
Moore v Harper – independent state legislature doctrine
https://www.scotusblog.com/case-files/cases/moore-v-harper/
https://www.scotusblog.com/case-files/cases/moore-v-harper-2/
Haaland v Brackeen – Indian Commerce Clause case
https://www.scotusblog.com/case-files/cases/haaland-v-brackeen/
National Pork Producers Council v. Ross –Dormant Commerce Clause
https://www.scotusblog.com/case-files/cases/national-pork-producers-council-v-ross/
Twitter, Inc. v. Taamneh – Section 230
https://www.scotusblog.com/case-files/cases/twitter-inc-v-taamneh/
Gonzalez v. Google LLC – section 230
https://www.scotusblog.com/case-files/cases/gonzalez-v-google-llc/
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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 Categorical Imperatives we return to discussing the unfolding trial of Kyle Rittenhouse. In my last video we looked at how the corporate media had beclowned themselves with their ridiculous coverage and analysis of the case.All this week we have been watching the trial proper, in which the Prosecutor has been laying out his case for conviction.... or at least that's the idea.... The only problem is that absolutely everything this guy says and does either makes his argument look worse or makes Kyle's affirmative defense seem much more likely. He couldn't be doing a better job making sure Kyle walks if he was actually Rittenhouse's defense even more reasonable.Really, the prosecution's case has all the hallmarks of a politically motivated trial of an individual clearly being charged for reasons other than the merits of the case... Because there are none.I have a few observations to add to what is already a very lively discussion both online and in the real world that is taking place all over the country regarding this trial
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
Today we have another installment of a series that has consistently been some of my personal favorite episodes and that consistently get 2x or 3x the views of other videos. Today In Supreme Court History. As of the day I am recording this, June 8th in 2005 the Supreme Court issued their opinion in the case of Gonzalez v Raich (2005)
This case has relevance to innumerable aspects of Constitutional Law. This case is regarded prima Facie, as a Commerce Clause case (Article I, § 8, Clause 3) - It was not only the first time that the court had expanded Congress' powers under the commerce clause since Wickard v Filburn in 1942, this was a case that did not hinge of the commerce clause, but instead enlarged the "Implied Powers" of the necessary and proper clause.
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As will surprise no one, there is a facially unconstitutional piece of legislation snaking its way through Congress - HR 51.
The latest Democratic scheme to take what they cannot fairly win. In the past I have discussed their encouragement of a National Popular Vote (https://youtu.be/aQ3PXuJJRmc) Court Packing (https://libertarianinstitute.org/articles/the-constitutional-revolution-of-1937-or-the-irrespresible-myth-of-a-political-judiciary/) and schemes for democratic representation in the Senate (https://youtu.be/25IqSH6ShhQ) This latest effort, that just passed in the House is seeking to grant DC Statehood.
While H.R. 51’s obviously partisan scheme to give one party a clear advantage is a problem in itself, worth taking note of, this seems to be the only criticism this bill is getting; despite there being much more serious Constitutional issues at stake.
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
12:50 CORRECTION - Utility Air 573, U.S. is NOT a regulation.
It refers to the case Utility Air Regulatory Group v. EPA, (2014)
Today on Legalese, we are looking at 2 recent Supreme Court Opinions that curbed the legal doctrine in administrative law known as Chevron Deference.
American Hospital Association v. Becerra, 596 U.S. ___ (2022) - https://www.supremecourt.gov/opinions/21pdf/20-1114_09m1.pdf
West Virginia v Environmental Protection Agency, 596 U.S. ___ (2022) - https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf
And how in both cases the Court finally made meaningful changes to begin to curb the seemingly endless power assumed to be delegated to Executive Agencies under Administrative Law.
Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014) - https://supreme.justia.com/cases/federal/us/573/302/
42 U.S. Code § 1395l - Payment of benefits - https://www.law.cornell.edu/uscode/text/42/1395l
42 U.S. Code § 7411 - Standards of performance for new stationary sources - https://www.law.cornell.edu/uscode/text/42/7411
And we bid a fond farewell to Justice Steven Breyer!
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Legalese is a podcast that discusses current events in law, politics & culture