Rarely does a single sentence so completely crystalize the situation as the first line of the court order in Tennessee v. Cardona. The case involves the attempts by the Biden Administration to rewrite Title IX’s protections of women in education and their access to competitive sports. The single sentence? “There are two sexes: male and female.” Tha…

When does a rifle become a machine gun? That is the question asked in the Supreme Court case Garland v. Cargill. When the Bureau of Alcohol, Tobacco, Firearms, and Explosives suddenly decided to redefine bump stocks as machine guns, many Americans simply complied. However, when Michael Cargill surrendered his bump stocks to the ATF, he did so under…

Things looked bleak for the colonies in 1776. The question of freedom had life and death consequences. Those 56 men who signed the Declaration of Independence knew they were committing treason against their king. They knew that freedom would cost them greatly. Yet they still pledged to each other their lives, fortunes, and sacred honor. Today, grou…

Probably the most powerful instinct as a parent is to protect our children. Parents work hard, sacrifice, and sometimes risk their own lives to protect their children. Most parents believe the government is there to help them protect their children, but is that true? Take, for example, the case of Parents Protecting Our Children UA v. Eau Claire Ar…

Late May in the United States is usually a time of cook-outs and remembrance as we memorialize those who gave their lives in service to this country. 2024 however, should be remember for another death, the death of courts of justice. First it was the International Criminal Court. Prosecutor court Karim Khan sought arrest warrants for the leader of …

According to federal law, if someone is convicted of a crime and punished with more than one year in jail, they loose their rights protected under the Second Amendment. A recent decision by the Ninth Circuit Court not only brought that federal law into question, but decided it was wrong. The court didn’t find that this federal law violated the Cons…

Article I, Section 9, Clause 7 of the Constitution states “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;” That seems pretty straight forward. So how could Congress establish a government agency funded not by appropriations from the treasury, but by fees paid to another federal entity? This was the ques…

It’s been in the news again lately, the World Health Organization (WHO) Pandemic treaty. Not only does this United Nation want the power to take over the world in a “health emergency”, but numerous politicians and commentators keep claiming that if Joe Biden signs this treaty, it would be legally binding. The truth is, that is just not true, for se…

I meet a lot of people who think the Constitution is useless, while others wonder how people can get away with violating it. While these may appear to be opposing positions, I believe they stem from the same misconception. That the Constitution of the United States is some super hero that will come flying in to save the day. Rather, the Constitutio…

In one of the many cases against Donald Trump, his attorney’s are claiming that he cannot be criminally charged for an act he performed in his official capacity as President. Why? Because of something called Presidential Immunity. Is there such a thing as Presidential immunity? If so, where is it stated in the Constitution? Or is the idea President…

Maine's governor allowed an unconstitutional piece of legislation to become "law" without her signature. LD 1578, An Act to Adopt an Interstate Compact to Elect the President of the United States by National Popular Vote is not only foolish and unconstitutional, but the latest attempt to change the United States from a union of republics into a mon…

A policy statement released by the Executive Office of the President, Office of Management and Budget effectively made a very bold statement, that the Constitution of the United States was a threat to national security. Does this not remind you of the saying from Benjamin Franklin? “They who would give up an essential liberty for temporary security…

If there is a boogie man in the anti-gun community, it’s got to be the National Rifle Association. Accused of complicity in almost every gun crime from gang violence to mass murder, the NRA has become the lightning rod for the vitriol of those whose fear of firearms has grown to an irrational state. What happens though, when government actors advic…

Listen, my children, and you shall hearOf the midnight ride of Paul Revere, Paul Revere’s Ride by Henry Wadsworth Longfellow Most of us who grew up here in America learned about the battles of Lexington and Concorde from this Longfellow poem. Who does not remember, "One if by land, and two if by sea;" or Paul Revere's cries of "The British are comi…

I have a lot of issues with TikTok, and it’s one social media platform I refuse to use. However, when I look at how Congress plans to deal with this problem, I see even more. I’ve also read and listened to several commentators about the bill, and find even more problems with their suggestions. So what do We the People do when our representatives in…

The word “choice” has all but been taken over by the pro-abortion crowd, but that is not what I want to discuss here today. Recent history, both public and private, has displayed the fundamental function choice plays in a person’s independence, liberty, and freedom. Yet said history has shown that many of the American people have given up the abili…

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…

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 …

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…

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 U…

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 decision…

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…

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 election…

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 …

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 t…

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 awar…

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…

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…

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 co…

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 consid…

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 tha…

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 th…

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 Cou…

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 soc…

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 …

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 ad…

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 sys…

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 incenti…

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…

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 Pr…

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…

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…

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 fictio…

Since last year’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturned the court’s precedent in Roe v. Wade, there has been a flurry of work on both sides of the debate. Some states passed legislation restricting access to abortions except for medically sound reasons, others to not only secure abortion access in law but…

I encourage people to ask questions. I believe there are only two "stupid" questions in the world, the one you don't ask and the one you ask three times. Questions are important. We cannot truly learn unless we ask questions. Several weeks ago I posted the article The Role of Congress. I was pleased when I was asked a question about that article. S…

I don't think I'm exaggerating to day that Judge Terry Doughty did more to protect Freedom of Speech and Press in America in my lifetime, possibly since the Bill of Rights was ratified in 1791. What could one man do that had such a tremendous impact? How could one preliminary injunction be so important? While there has been plenty of hype about jud…

In this third installment of the three-part series on the branches of government, we look at the role of the third and weakest branch. At least that is what our Founding Fathers thought of it. What is the role of the federal judiciary? What are the extent of their powers, how do they related to the other two branches of government, and why is a pro…

Merriam-Webster's Dictionary defines racism as: racism noun a belief that race is a fundamental determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race Racism - Merriam-Webster Online Dictionary This idea has taken many forms in American history, slavery, Jim Crow laws, eugenics, a…

This is the second in a three-part series on the branches of the federal government. The first article covered the Legislative branch, in this well look at the role of the executive branch. While there are many misconceptions about the roles of the three branches of government, some of the most seem to be reserved to the executive. Like referring t…

Freedom of speech has been under attack in this country, and Colorado has been a big part of it. First Jack Phillips of Masterpiece Cakeshop has spent ten years trying to defend his right to not be compelled to create custom cakes with messages which violate his beliefs. So when Lorie Smith wanted to expand her business into developing custom weddi…