Month: August 2021

I talk with Scott Horton about the goings on in Afghanistan, our foreign policy, the media reaction to the withdrawal, the public outrage over the whole mess.

You can follow Scott at:
The Libertarian Institute – https://libertarianinstitute.org/
AntiWar.com – http://www.antiwar.com/
The Scott Horton Show – https://scotthorton.org/
Enough Already: Time To Win The War On Terrorism – https://www.amazon.com/dp/1733647341/ref=as_li_ss_tl?ref_=pe_3052080_397514860&linkCode=ll1&tag=scotthortonshow-20&linkId=a5eb35979325927537d9e8e9e11744d4&language=en_US

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E-mail the Show: CategoricalImperatives@gmx.comCategorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.

For some ridiculous reason libertarian legal scholar Ilya Somin appeared on MSNBC to explain why libertarians support vaccine mandates. Today’s episode we will be examining the clip of that appearance, discussing why the answers he gives are bullshit, why he should not have gone on to give some two-bit political progressive agitator posing as a journalist any sense of credibility and I will be giving my own response to the questions do libertarians support vaccine mandates.

Follow & SupportTo find the show on other platforms, find the articles I publish about law & moral philosophy or follow me on social media:

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Libertarian Institute Contributor Page – https://libertarianinstitute.org/author/bob-fiedler/
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Patreon: www.patreon.com/categoricalimperatives
Come join me over on Patreon right now for as little at $2/month as a Citizen Producer
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Show Suggestions, Ideas, Questions or Topic Request : These are best made
E-mail the Show: CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.

Episode # 60
Today on Categorical Imperatives we arrive at the 3rd and final video in my series on McCulloch v Maryland (1819)
This case is widely considered the most consequential, important case the corpus of Constitutional case law. It is foundational to the historical construction of the ‘Necessary & Proper clause’, it did more to shape the doctrine of judicial review than the more well known Marbury v Madison (1803) case. McCulloch also created a precedent for what we now refer to as the intergovernmental tax immunity doctrine (which sounds so boring you could fall asleep just reading it’s title) But, as we talk about in this video, it is a fascinating, controversial and defining concept. This is equally true for another rule of construction Marshall invented out of thin air in the McCulloch case known as “Obstacle Preemption” that I explain in this video..
Moswt of all, the misinterpretation and misconstruction of the ruling in McCulloch has created a devastating legacy ever since the Progressive Movement hijacked and weaponized Marshall’s dicta in the case around the turn of the 20th century.
We will be discussing all that & more in this episode. It really is a fascinating case and I have no doubt you will walk away fropm this thoroughly convinced that McCulloch deserves the distinction scholars and give have given it as the most important of all Supreme Court cases.

Read the full case record
Court Opinion In McCulloch v. Maryland, 17 U.S. 316 (1819) – https://supreme.justia.com/cases/federal/us/17/316/

►00:00 Introduction
►06:00 Maryland’s Tax On The Bank
►15:17 Judicial Review
►27:05 A Destructive Legacy
►38:40 Conclusion

Episode #59
Today we continue with the latest video for my ongoing series “Today In Supreme Court History” with the second installment in a three part series I am doing on the foundational Constitutional law case of McCulloch v. Maryland, 17 U.S. 316 (1819)
A case which is considered by some of our most prominent lawyers, jurists & scholars to be the most important case in the corpus of constitutional law. People like Rob Natelson, Randy Barnett, Josh Blackman, David Schwartz. As well as not so prominent constitutional scholars like me. I endorse this view of this case.
Episode One: Was a case brief on the with the historical and legal background relevant to the case.
Episode Two: We will be examining the role the Necessary & Proper Clause plays in this case, as well as a deep dive into the Original Public Meaning of the Necessary & Proper Clause
Part Three: Will be the legacy of McCulloch right up to today & why it is that the bad reputation this case has for constitutional conservatives who see McCulloch as the source of nearly unlimited federal power under the United States,. We will discuss how and why that reputation is largely unfair and inaccurate.
This episode covers::
►00:00 Introduction
►01:00 Textual Analysis of “Necessary” and “Proper”
►05:10 Original Meaning Of The Clause & The Three Great Purposes
►10:30 Interpretation of Necessary & Proper In McCulloch v Maryland
►23:27 Conclusion On The Original Meaning of Necessary and Proper

Episode on Legal Tender Cases (1871) – https://youtu.be/tQYaftCQJ3c
Court Opinion In McCulloch v. Maryland, 17 U.S. 316 (1819) – https://supreme.justia.com/cases/federal/us/17/316/

Follow & SupportTo find the show on other platforms, find the articles I publish about law & moral philosophy or follow me on social media:

LBRY – https://lbry.tv/@CategoricalImperatives:a
Odysee – https://odysee.com/@CategoricalImperatives:a
Youtube – https://www.youtube.com/user/ReverendBob23/
Bitchute – https://www.bitchute.com/categoricalimperatives/
Substack – https://categoricalimperatives.substack.com/
Libertarian Institute Contributor Page – https://libertarianinstitute.org/author/bob-fiedler/
Tenth Amendment Center Coontributor Page – https://tenthamendmentcenter.com/author/bobfielder/
Twitter – https://twitter.com/LockeanLiberal

How to support the channel:

Patreon: www.patreon.com/categoricalimperatives
Come join me over on Patreon right now for as little at $2/month as a Citizen Producer
PayPal.Me – https://www.paypal.com/paypalme/categoricalimperativ
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Show Suggestions, Ideas, Questions or Topic Request : These are best made
E-mail the Show: CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.

Episode #58
Today on Categorical Imperatives we return to my favorite (and mot popular & requested by you, dear viewers!) series “Today In Supreme Court History”
Because it is impossible to sit around and wait for a date celebrating the anniversary of the cases covered the “Today” in Today In Supreme Court History merely signifies today is the day I decided to make a video about a classic case of American Jurisprudence.

McCulloch v. Maryland, 17 U.S. 316 (1819) – https://supreme.justia.com/cases/federal/us/17/316/

This case is considered by many Constitutional law scholars (and many of the best scholars like Rob Natelson, Josh Blackman & Steve Schwartz) to be the most important & foundational case in the corpus of Supreme Court case law (a claim I fully endorse.
The same scholars will also say that McCulloch is also the most misunderstood case in the Court’s history (a claim I largely, but not completely, agree with)
That is why this will be a 3 part series.
This episode is part one – We will be going through a case brief I put together that should provide you the essential background in history & the proceedings that are “necessary & proper” to understand before the more advanced topics of the upcoming episodes:

Episode 2 will be to refute a very common complaint we hear from conservatives about this case; they depict McCulloch as justifying vast federal powers under a broad interpretation of the Constitution. They portray Marshall as a “big government” judge. That portrayal is wrong. McCulloch v. Maryland is sometimes claimed to be “the most misunderstood” case in American constitutional law .
Episode 3 will be talking about how the picture of “implied powers” presented here, coming from John Marshall in the Courts opinion is the antecedent to any number of constitutional doctrines.

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Come join me over on Patreon right now for as little at $2/month as a Citizen Producer
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LBRY – https://lbry.tv/@CategoricalImperatives:a
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Youtube – https://www.youtube.com/user/ReverendBob23/
Libertarian Institute Contributor Page – https://libertarianinstitute.org/author/bob-fiedler/
Substack – https://categoricalimperatives.substack.com/
Tenth Amendment Center Coontributor Page – https://tenthamendmentcenter.com/author/bobfielder/
Twitter – https://twitter.com/LockeanLiberal

Show Suggestions, Ideas, Questions or Topic Request : These are best made
E-mail the Show: 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
►03:12 McCulloch’s History & proceedings
►06:41 Enumerated Constitutional Powers & the First Bank Of The United States
►14:30 The Second Bank Of The United States
►17:00 The Court’s Opinion