Month: April 2021

Episode #43
Today on Categorical Imperatives we do our latest installment of “Today In Supreme Court History. This is the 1992 case that sought to overturn Roe v Wade, but ended up reaffirming Roe, however with some very interesting changes to the original decision. This case had a fascinating treatment of a number of areas of 14th amendment jurisprudence including it’s shifting views on the application of substantive due process & judicial scrutiny. As well as an odd an unique approach to Stare Decisis.

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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 #42
In this episode… Today we will be discussing the meaning of Sovereignty across time. From the Compact theory of individual sovereignty in Natural Law, to the development of government by consent in the English common law, the doctrine of sovereign immunity and the uniquely American concept of popular sovereignty as expressed in Constitutional law. This will include a gallop through early American history between 1787-1795 as our Founder’s developed what is now our modern understanding of sovereignty of the several States and the people therein.
Such as the Citizen-State-Diversity Clause – U.S. Const. art. III, § 2, cl. 1 (1787)

The first major constitutional decision of the new Supreme Court:
Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793)

And the Eleventh Amendment that reversed it – U.S. Const. amend. XI. (1795)

We will also briefly diverge while we do one of my favorite mini-series on the show discussing Founding Fathers most people don’t know, but everybody should. Today we look at John Jay who was our first Chief Justice of the Supreme Court . Appointed nearly 10 years before John Marshall became Chief Justice. Jay presided over the first foundational case 8 years before before the case all Con Law classes start with which is Marbury v Madison (1803)

►00:00 Introduction
►05:00 First Principles
►10:40 Government As Trusteeship
►18:30 Jefferson, John Locke, Natural Rights and Independence
►25:15 John Jay
►32:30 Chisholm v Georgia (1793)
►42:30 Eleventh Amendment

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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 # 41
In this episode of Categorical Imperatives we delve into the accusations against Rep. Matt Gaetz .There’ are myriad reasons to dislike this guy, but the label of “child sex trafficker” is not a valid reason, according to the facts as alleged.. While I get no joy from taking any position that could possibly be construed as defending this truly awful person an honest examination can only conclude that these allegations, even if every single fact alleged turns out to be true, still do not amount to child sex trafficking.
Much like what happened with the Kyle Rittenhouse case, we have people whose only real understanding of how the law works coming from prime-time shows like Law & Order, who think the moment anything is done “across state lines” that somehow completely changes the nature of the underlying offense and makes it exponentially more serious. Which is ridiculous.
In this episode I briefly explain why crossing imaginary lines on a map and then doing something stupid doesn’t immediately mean the stupid thing you did becomes a federal offense, since the vast, vast majority of all criminal statutes are State-level offenses.
We take a look at the applicable law
18 U.S. Code § 1951 – Interference with commerce by threats or violence
Not so much to defend Matt Gaetz and the Gaetzgate conspiracy, but to defend an honest and fair reading of the law.
18 U.S. Code § 1951 – https://www.law.cornell.edu/uscode/text/18/1951
#GaetzGate

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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.