The Constitution Study podcast

Paul Engel: Author, speaker and podcaster

Follow me as I write my book "The Constitution Study". I'll cover interesting facts I discover and answer questions along the way, all with some helpful and humorous analogies.

  • 16 minutes 12 seconds
    467 - Duty to Violate your Rights

    As a lifelong gun owner, I understand the awesome responsibility of owning a weapon. After getting my concealed carry license many years ago, I came to understand the greater responsibility of having a deadly weapon on my person. But as a constitutional scholar, I’ve come to realize just how badly states are infringing on our rights, simply because we decide to exercise one of them. Today, I want to talk about “duty to inform” laws. After all, if the presence of a firearm is a threat to officer safety, than the officer’s firearm is a threat to my safety.

    31 March 2025, 5:00 pm
  • 28 minutes 39 seconds
    466 - Heterosexual Discrimination

    Ibriam Kendi is often quoted as saying “The only remedy to past discrimination is present discrimination.” But is that true? Above the main entrance to the Supreme Court is a promise chiseled into the marble façade, “equal justice under law”. How can we have equal justice under law if one side is always discriminating against another? Enter the case of Ames v. OH Dept. of Youth Services, where Marlean Ames claims she was discriminated in her job because of her sexual orientation. What makes this case uniques is, Ms. Ames is heterosexual, and the Sixth Circuit claimed that ment she had a higher burden of proof than a homosexual.

    24 March 2025, 5:00 pm
  • 20 minutes 18 seconds
    465 - Free speech vs abortion

    Free speech jurisprudence has rested on shaky ground for decades in this country. Looking back at cases like Hill v. Colorado, Austin v. Reagan National Advertising of Austin, and Dobbs v. Jackson Women's Health has left a confusing and contradictory morass of precedence, most if not all of it contradicting the Constitution of the United States. With the recent case Coalition Life v. City of Carbondale, Illinois, the court had the opportunity to set the record straight once and for all. Instead, the court whiffed, and declined to even head the case.

    17 March 2025, 5:00 pm
  • 16 minutes 29 seconds
    464 - Permitting for Profit

    In poker there’s a move called “Buying the pot”. This is when one person makes a very large bet in an attempt to discourage others from continuing the hand. But what if we’re not talking poker? What if we’re talking permit fees for the use of your own land? That is exactly what George Sheetz sued the County of El Dorado California for.

    10 March 2025, 5:00 pm
  • 34 minutes 40 seconds
    463 - Equal Protect of Self Defense
    3 March 2025, 6:00 pm
  • 19 minutes 31 seconds
    462 - Age limit on Constitutionally Protected Rights

    There are certain things in life with a minimum age limit like driving, drinking alcohol, and even voting, but is there a minimum age limit for your constitutionally protected rights? That was the question Caleb Reese and others wanted asked, when they filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives regarding 18 USC §§922(b)(1) and (c)(1), which prohibit the selling of handguns to 18-20 year old adults.

    24 February 2025, 6:00 pm
  • 16 minutes
    461 - What Makes a Search Reasonable

    I doubt it would surprise you that I watch a fair amount of videos that involve interactions with the police. One question that comes up is when is an officers attempt to search of detain someone reasonable? One of the cases attorneys frequent refer to is Pennsylvania v. Mimms. So I decided it was worth some time reviewing that case.

    17 February 2025, 6:00 pm
  • 14 minutes 16 seconds
    460 - Birthright Citizenship vs the Constitution
    One of the executive orders Donald Trump signed on his first day in office ordered federal departments and agencies to not issue any citizenship documents to anyone born in the United States to a mother who was either illegally or temporarily in the United States unless the father was a citizen. It should surprise no one that this order stirred up controversy. Of the several lawsuits that have been filed I have found one thing in common, an inability to read the law.
    10 February 2025, 6:00 pm
  • 16 minutes 54 seconds
    459 - Paying for Police Damage

    When the government, in the form of the police, damage your property, who pays for it? In the case of VIcki Baker v. City of McKinney, TX the police had to damage her property to apprehend a fleeing felon. However, when the city refused to pay for the damages, Ms. Baker sued. The District Court found for her, but the Circuit Court overturned. When she asked the Supreme Court to review, they declined certiorari. Two justices expressed concern about the prospect of the government damaging homes without paying compensation.

    3 February 2025, 6:00 pm
  • 16 minutes 43 seconds
    458 - Librarians vs The People's Representatives

    Who decides what is appropriate for public libraries? That is at the heart of the case Fayetteville Public Library et. al. v. Crawford County, Arkansas et. al. The representatives of the people of Arkansas passed a law, Arkansas Act 372, which both established a crime of furnishing a harmful item to a minor and established guidelines for selection, relocation, and retention of such materials. A group of libraries, librarians, and related organizations sue Arkansas 28 prosecuting attorneys in the federal District Court for the Western District of Arkansas. The District Court issued a preliminary injunction, preventing the law from going into effect. Or does it?

    27 January 2025, 6:00 pm
  • 23 minutes 29 seconds
    457 - Medical Censorship

    There were plenty of infringement on people’s rights during the COVID scamdemic, and censorship was rampant. Not only did we have members of our own government colluding to censor information they didn’t like, but we’ve had professional associations joining in. Worst of all, the so-called medical professionals seemed to be at the forefront, violating the central tenant of the hippocratic oath, “First, do no harm”.

    20 January 2025, 6:00 pm
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