Month: February 2021

In today’s video we will be discussing the Supreme Court case of Cooper v Aaron. The case was the last in a series of cases over several years, starting with Brown v Board of Education in 1954 that sought to finally overturn the wretched doctrine established in Plessy v Ferguson (1896) The idea that there is such a concept as “Separate but equal”.
Cooper v Aaron may not be as well known to people outside the legal profession, but it’s a crucial case to understand. Because it is here that we derive what have been two other disastrous doctrines. Judicial Supremacy and Judicial Universality. Despite the Court’s claims these doctrines were “Settled law” this episode exposes them as a total fabrication of the opinion’s main author Justice Brenner. We look at why these two anti-canonical doctrines that have been thoroughly debunked as a new, novel, broad and rather unprecedented expansion and abuse of federal power.

My article on The Irrepressible Myth of Cooper v Aaron for the Tenth Amendment Center – https://tenthamendmentcenter.com/2020/12/09/the-myths-of-cooper-v-aaron/

Josh Blackman’s article on Cooper v Aaron for Georgetown Law Journal – https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3142846

Shlomo Slonim article on – Federalist No. 78 and Brutus’ Neglected Thesis on Judicial Supremacy (University of Minnesota Law School, 2006) – https://hdl.handle.net/11299/170108

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In this episode we continue our discussion of the Sovereign Citizen movement. This is a legal response to sovereign citizen claims about American jurisprudence. A serious and sincere reply. Even if you aren’t interested in the Sovereign Citizen aspects I took the opportunity to give a broad and comprehensive treatment of American Jurisprudence.
We will touch on many important aspects of US law and the American legal system. This video works well for anyone as a primer to the aspects of the American legal system we should all be familiar with (but which, thanks to American politicians and as a consequence of enacting the Department of Education & long ago removing civics from the public school curriculum) this is information that is commonly poorly understood.
There is something for everyone in this episode.

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►00:00 Introduction
►07:45 State & Federal Court Structure
►15:00 Common Law
►31:49 Civil Code & Civil Law
►35:20 Admiralty Law
►48:55 Jurisdictional Hook
►51:28 Summary Of Jurisdiction

Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.