All Gun Control Is Racist ACLU Jumps The Shark Originally Published On Substack July 30th, 2021 One could make a very good argument that our Nation’s oldest and most successful gun control advocacy group was the Ku Klux Klan. Their earliest incarnation was largely as a means of disarming newly …
Episode #57
Today on Categorical Imperatives we will be discussion Julian Assange and Constitutional law. For those not following the legal battle being fought right now in both England and America by their respective government’s solicitors general and the counsel for Assange, we recently learned that the governments main witness in the case brought against Assange for espionage admitted to completely fabricating his allegations. about Assange to the FBI.
I thought I would take the unraveling of the case against Assange & run with it by discussing several ways the government’s other allegations don’t hold up to even a cursory amount of scrutiny.
At it’s core, we have 3 very common misconceptions . The first one being the useless argument about Constitutional rights. To Whom do they apply and what exactly do they protect. But disagreements of that nature are little more than a manufactured distraction from a greater truth. That the belief in Constitutional rights themselves is false. There is no such thing as a Constitutional right.
Second, the idea that the first amendment’s protection of the right to “freedom of the press” is a protection of a profession as opposed to press as technology or a general activity.
And an honorable mention goes to a 3rd myth – That is the idea that to the extent Assange may qualify for press protections in the abstract, it doesn’t matter because his actual publications of specific material amounts to sedition, and sedition is not a protected right of free expression.
I will not be talking about this today because I very recently put out a video and an article called “Sedition: An American Virtue”
Podcast Episode: https://youtu.be/1lmkWCgrWIc
Article: https://libertarianinstitute.org/articles/sedition-an-american-virtue/
There you will find a very comprehensive understanding of why this “sedition isn’t protected speech” is a bullshit argument.
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Originalism and Textualism are judicial philosophies few people have a good understanding of. In fact some of the more absurd misconceptions I have heard espoused about these methods of interpretation came from people who profess to be originalists or textualists. The fact is there is very little good information out there on which to base your opinion and understanding of these concepts.
This video is meant to help with that. Whether you don’t even know what a judicial philosophy is, or perhaps you are a law student getting mixed messages from different sources about what these philosophies entail, this video will be of use to you. We look at the two main forms of Originalism to understand where they do and do not agree, we then look at textualism and Originalism to find out what these mean individually, as well as on what they agree upon and where they differ.
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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.
►00:00 Introduction
►03:29 Introduction – Originalism and Textualism
►05:45 Legal Formalism
►08:30 Definitions
►08:40 Definition – Original Intent
►09:30 Definition – Original Meaning
►10:00 Definition – Textualism
►11:56 The Constitution As A Legal Document
►14:09 Constitutional Interpretation
►14:55 Constitutional Interpretation – Original Intent
►19:45 The problems With Original Intent
►24:23 Constitutional Interpretation – Original Meaning
►27:57 Statutory Interpretation – Original Public Meaning
►33:22 Statutory Interpretation – Textualism
►34:10 Textualism & Plain Meaning Rule
►34:45 Speaker’s meaning and sentence meaning
►35:40 Textualism and the general public
►36:40 Noted textualists – Frank Easterbrook
►38:10 Noted textualists – Antonin Scalia
►39:48 Early Forms Of Statutory Interpretation
►41:35 The Evolution Of Textualism
►49:25 Closing
While Second Amendment Sanctuaries are a fantastic idea, there is a big problem. People who believe they live in a 2A sanctuary city or state often are mistaken. Mike Maharrey of the Tenth Amendment Center joins me to discuss what the truth is about Second Amendment Sanctuaries, what are some myths surrounding them & what you can do to on a state or local level to prevent federal encroachment on your right to keep and bear arms.
https://www.michaelmaharrey.com/
https://tenthamendmentcenter.com/
Path To Liberty “Six Fake 2nd Amendment “Sanctuary States”” – https://blog.tenthamendmentcenter.com/2021/07/six-fake-2nd-amendment-sanctuary-states/
Support The Tenth Amendment Center: https://shop.tenthamendmentcenter.com/product/donate/
My Episode with Mike Maharrey about voting: https://youtu.be/ewITeZHYVqk
Second Amendment Sanctuary Model Legislation:
State:: https://s3.amazonaws.com/TAClegislation/2nd-Amendment-Preservation-Act.pdf
Local: https://s3.amazonaws.com/TAClegislation/2nd-Amendment-Preservation-Ordinance.pdf
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Show Suggestions, Ideas, Questions or Topic Request – CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
►00:00 Introduction
►02:46 Tenth Amendment Center
►05:34 What Is A Second Amendment Sanctuary
►10:12 Fake Second Amendment Sanctuaries
►18:58 Federal Funding and Anti-Commandeering
►22:15 Differences Between State & Local Enforcement
►25:40 What You Can Do To Create A Second Amendment Sanctuary
►28:10 Key Takeaways
►31:37 What 2A Advocates Can Learn From The Legalize Marijuana Movement
►37:50 Links To Tenth Amendment Center & Model Legislation in Video Description
►39:20 Conclusion
Episode #54
In this episode we discuss Section 230’s Legal meaning
Bootleggers and Baptists: https://en.wikipedia.org/wiki/Bootleggers_and_Baptists
Section 230 Bootleggers and Baptists: https://reason.com/volokh/2020/05/29/section-230-bootleggers-and-baptists/
47 U.S. Code § 230: https://www.law.cornell.edu/uscode/text/47/230′
CERTIORARI — SUMMARY DISPOSITIONS
19-1046 PHAM, TONY H., ET AL. V. RAGBIR, RAVIDATH L., ET AL. ‘
https://www.supremecourt.gov/orders/courtorders/100520zor_3204.pdf
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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.
CHAPTERS
►00:00 Introduction
►03:20 Political “Meaning”
►09:00 Legal Meaning
►11:16 Bootleggers and Baptists
►12:23 Section 230 Legal meaning
►13:05 Definitions
►15:00 Textualist Construction
►19:50 Traditional Law – Categories Of Protection
►24:30 Traditional Law – The Internet Before 230
►29:45 Takeaway Lessons
►33:30 What’s A Ron Wyden?
►37:30 Common Misconceptions of Section 230
Episode #53
In this episode we will be revisiting a recent controversy when Ocean City Police assaulted a group of people doing nothing wrong. I want to discuss how advocates who condemn the enforcement of the very law they insistently got passed.
Campaign For Tobacco Free Kids tweet – https://twitter.com/TobaccoFreeKids/status/1404536501828993027?s=20
Maryland’s “Stop and Identify” statute (Md. Criminal Code §4-206)
Maryland Tobacco Use & Public Smoking Laws – (Article, 2-106(b)(4) and 5-312, Annotated Code of Maryland)
What Is An Assault Weapon – https://youtu.be/FHt1hER8Las
“Assault Weapons In America” (https://vpc.org/publications/assault-weapons-and-accessories-in-america/)
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Show Suggestions, Ideas, Questions or Topic Request – CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
