PODCAST · news
Legale§e
by Bob Fiedler
Legalese is a podcast discussing all things constitutional law, as well as current events in law, politics and culture.
Episodes
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How The Administrative State Is Disputing Your Right To A Jury Trial
Episode # 66 Today on Legalese we are doing a deep dive into the pending Supreme Court Case SEC v Jarkesy. This case was one included in my Supreme Court Roundup video from October 2023, which included a very brief summary of the case and reviewed the Question Presented. In my opinion, this case…
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Moore Money, Moore Problems
Episode # 65 Today on Legalese, we are discussing the case Moore v United States. This case, which was part of my 2023 Supreme Court Roundup was argued before the Court on December 5th, 2023. There is a lot of new information that can be gleaned about this case from those arguments and so this...
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What The Hell Is Progressive Originalism
Understanding The Significance Of Ketanji Brown Jackson And Progressive Originalism Episode #61 Today on Legalese we will be discussing the judicial philosophy of Progressive Originalism. What is it, what isn't it, how does it work and to what ends? Plus how does it compare with the other more...
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The History Of Qualified Immunity
The History Of Qualified Immunity -The Slow Death Of Government Accountability Episode # 64 Today on Legalese we are talking about the history of the qualified immunity doctrine. We do a deep dive into constitutional law and common law to show just how ahistorical this doctrine is, having been...
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Qualified Immunity Turns Against Police - Police Get A Taste Of Their Own Medicine... Find It Bitter
Qualified Immunity Turns Against Police (Blue On Blue Violence) Episode # 63 Today on Legalese we will be discussing two truly outrageous cases in which cops were granted qualified immunity. The first is a unique example of what I call "blue on blue violence". A term I coined to describe…
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Major Supreme Court Update
Episode #59 Today on Legalese we will be discussing a major update to the Supreme Court's 2023 term. Earlier today the Court chose to grant cert on two big cases that offer a serious challenge to the doctrines of Chevron Deference and Qualified Immunity. In Relentless Inc. v Chamber Of Commerce…
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Supreme Court Roundup 2023
Episode #58 Today I Legalese I will be discussing the cases that I will be covering in depth during the coming Supreme Court term for 2023-2024 Show Note Page for "Supreme Court Roundup 2023-2024 Term" Follow & Support Subscribe To Legalese Newsletter - https://legaleseshow.com/ Legalese Homepage…
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Federal Court Smacks Down Civil Asset Forfeiture
Episode #56 Today on Legalese we will be discussing a recent case out of the Sixth Circuit - 'Ingram v Wayne County' in which the Court held that when a car is seized under civil asset forfeiture, the owner has a constitutional right to a hearing within two weeks of the seizure. On top of that...
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Ultimate Constitutional Law Guide To Unprotected Speech
Episode #57 Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment: Intro Incitement True Threats Fighting Words Defamation Obscenity Fraud and Perjury Speech Integral To Criminal Conduct Show Notes Page For This Episode This...
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First Amendment Beats Police Defendants
Episode #55 Today on Legalese we look at two recent cases that pit private citizens and the First Amendment against qualified immunity and police officers who believe themselves to be above the law. In Jordan v Adam's County Sheriff's Office a man was arrested for criticizing two shitty cops who...
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Federal Court Short Circuits Officer's Qualified Immunity Defense
Episode #54 A big win coming out of the Fifth Circuit Court Of Appeals in the case of Rogers v. Smith. The Court affirmed that a police officer who deprived a citizen of their first and fourth amendment rights when they arrested that citizen for criminal libel, despite the police's prior…
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Qualified Immunity As Gun Control.... Really?
Episode #53 Today on Legalese we are going to be discussing a new article that will be released in an upcoming volume of the Notre Dame Law Review entitled "Qualified Immunity As Gun Control". Law professors Guha Krishnamurthi & Peter N. Salib make one of the most evil and admittedly most…
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Supreme Court Solves Racisms In Affirmative Action Case
Episode #52 Today on Legalese we will be discussing the Supreme Court's landmark equal protection clause case dealing with the constitutionality of racially biased admissions discrimination policies on both public and private universities. The case: Students For Fair Admission v Harvard…
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Haaland v Brakeen: Supreme Court Landmark Indian Commerce Clause Case
Episode #51 Today on Legalese we have another video in my Supreme Court Wrap-Up. We discuss Haaland v Brackeen (2023). A landmark Indian Commerce Clause case that sought to challenge the constitutionality of the Indian Child Welfare Act of 1978. Show Notes Page For This Episode -...
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Tim Pool Doesn't Get The Bruen Case
The other day on Twitter the notable YouTuber and world-class milquetoast fence sitter, Tim Pool tweeted about the upcoming Supreme Court Opinion in Jackson and Bruen. Saying if the Court overturns Roe and Casey and also rules on Nationwide Constitutional Carry there will be less rioting. While...
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Biden Beclowns Himself Over The Debt Limit
Today On Legalese we are talking about the ridiculous arguments coming from Washington that suggest the debt limit is unconstitutional and that the 14th amendment authorizes the President to circumvent the Constitution and laws of the United States to pay off the US debts to avoid default. Show...
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Old Lady Makes Minnesota Take It Good & Hard
Today on Legalese we return to a case I discussed in January about home equity theft and the Supreme Court case challenging its constitutionality. Yesterday the Supreme Court issued its unanimous opinion, enjoining Minnesota’s Home Equity Theft law as unconstitutional under the Takings Clause. We...
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The Importance of Civil Liberties & The Dangers of Emergency Powers
Today on Legalese, we are going to be looking at a statement put out by Associate Justice Neil Gorsuch as part of the Court's procedural decision in the recent case of Arizona v Mayorkas. This decision dealt with the abuse of civil liberties under emergency powers, specifically through the...
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Do The Supreme Court's Actions Constitute An Attack On Democracy?
Today On Legalese we have the second video in my series about the Supreme Court's upcoming case that will reconsider chevron deference. Do their actions constitute some kind of usurpation of power and are they an attack on democracy itself? We discuss this while debunking an article from Vox that...
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Did The Supreme Court Just Declare War On Federal Regulations?
Today on Legalese, we will be discussing the Supreme Court's grant for judicial review on the case Loper Bright Enterprises v. Raimondo. This case is controversial because of the distinct (though highly unlikely) possibility that it may see Chevron Deference overruled entirely. Chevron Deference…
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NH Police Beclown Themselves Following World's Dumbest Arrest
Today on Legalese, we continue my ongoing series "Ignorance of the Law" where I expose the fact that while politicians and police are often quick to tell people ignorance of the law is not an excuse for breaking the law, it's often an excuse for making and enforcing the law. We discuss the North...
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Kyle Trial 2: Electric Boogaloo (The Kenosha Kid Is Going Back To Court)
Kyle Rittenhouse recently went on Tucker Carlson to announce he will be starting a non-profit group called the "Media Accountability Project" as well as announcing a series of defamation lawsuits against numerous individuals in corporate media, celebrities and politicians. Today we discuss why,...
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Sovereign Citizens - Fact and Fiction
In today's episode of Categorical Imperatives we will be taking a look at beliefs amongst the sovereign citizen movement Including The capitalization of names on Court documents, the supposed meaning of gold fringe on a flag, The meaning of the term "color of law" The difference between suits at...
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Rittenhouse Trial Part 2: Electric Boogaloo
Today on Categorical Imperatives we return to discussing the unfolding trial of Kyle Rittenhouse. In my last video we looked at how the corporate media had beclowned themselves with their ridiculous coverage and analysis of the case. All this week we have been watching the trial proper, in which...
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Electoral College Part 2: Electoral Boogaloo
On this episode of Categorical Imperatives We finish our discussion started last week about the Electoral College, why the National Popular Vote Movement i Unconstitutional and the meaning of "One Person, One Vote Doctrine" Categorical Imperatives on Bitchute -...
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A Right To Your Property, And A Property In Your Rights
In this episode of Categorical Imperatives we discuss how it is as a matter of both law and moral philosophy that all rights can be said to be property rights.
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Electoral College & The National Popular Vote Movement (Part One)
Today on Categorical Imperatives we are going to be looking at the Electoral College. In this video, Part One of a two part series we will be looking at The electoral College as compared to a system put forward by the National Popular Vote Movement. In Part Two we will be examining the case law...
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Is Our "Democracy" Broken? Federalism & The Senate
On this episode of Categorical Imperatives we discuss the importance of Federalism as a mainstay of our government's checks and balances. Why calls for electoral reform from particular political party every election cycle because they are just sore losers, is more than selfish. Why it is a...
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My Conversation with Mike Maharrey from Tenth Amendment Center About Futility Of Voting
On this episode of Categorical Imperatives we look ahead to the presidential election to ask a truly important question. Not what do you plan to do November 3rd 2020... What do you plan to do November 4th? It's easy to get swept up with Democrats and Republicans who will tell you "This is the…
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Habeas Corpus & The Mystery of the Peaceful Protests (or, The Great Charter's Greatest Chapter)
Today on Categorical Imperatives we contemplate how we as individual citizens can advocate on our own behalf when we are up against the long arm of the law. For centuries Habeas Corpus has been known by Jurists and civil libertarians alike as "The Great Writ". And indeed it is. Where does it come...
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Pence Shrugged - Why Trump Supporters Still Think He Can Win & Why They're Wrong
Today I am going to be looking at a few videos put out by Doug TenNapel. Best known for a comic book that, if you grew up in the 1990's like I did, was one you were very familiar with. Earthworm Jim. He also does a podcast with the guys from Babylon Bee called Audio Mullet, and he is a Trump...
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DC Pushes For Statehood... In Spite Of The Constitution
As will surprise no one, there is a facially unconstitutional piece of legislation snaking its way through Congress - HR 51. The latest Democratic scheme to take what they cannot fairly win. In the past I have discussed their encouragement of a National Popular Vote (https://youtu.be/aQ3PXuJJRmc)...
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Prohibition - A Lesson Unlearned
102 years ago today, the 18th Amendment was ratified , making alcohol prohibition the law of the land. Only 12 years later did our nation learn the difficult lesson that you cannot legislate morality and passed the 21st Amendment, repealing the 18th amendment. This is the only time in the history...
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Sovereign Citizen 2: Electric Boogaloo (A Legal Response To Myths About The American Legal System)
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...
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Sovereign Citizens - Fact and Fiction
In today's episode of Categorical Imperatives we will be taking a look at beliefs amongst the sovereign citizen movement Including The capitalization of names on Court documents, the supposed meaning of gold fringe on a flag, The meaning of the term "color of law" The difference between suits at...
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Supreme Court History: Stromberg v California (1931)
On the anniversary of this seminal free speech case in which the 14th amendment was used to incorporate first amendment protections of speech on a state level we discuss the history of the case, the court's ruling and the significance of this case. Current events, law, politics & culture through…
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Supreme Court History: Lochner v New York (1905)
With California's bill regulating the gig economy out of existence and interfering with the Constitutional protected freedom of contract hurting the very people it was designed to help, and this same regulation being considered by several other states as well as on the national level it's fitting...
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Supreme Court History: U.S. v Lopez (1995)
*Correction* 13:00 I mixed up details about Wickard v. Filburn. Claude R. Wickard was the plaintiff. He sued on behalf of Department of Agriculture et al. & Roscoe Filburn was the farmer charged with violating the Agricultural Adjustment Act of 1938 In this episode of Categorical Imperatives we...
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A Look At The History Of Popular Sovereignty
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…
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To Keep and Bear Arms 2: Militia Boogaloo (Sometimes a duty, Ever a Right Part Two)
On this episode of Categorical Imperatives We discuss the Second Amendment and the General Militia Power as a form of Police Reform. That may sounds counter-intuitive, Prima Facie, but I will be making the case as to why this is a crucial step to take, following the death of George Floyd. This is...
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To Keep and Bear Arms: Sometimes a duty, Ever a Right (Part One)
On this episode of Categorical Imperatives We discuss the Second Amendment and the General Militia Power as a form of Police Reform. That may sounds counter-intuitive, Prima Facie, but I will be making the case as to why this is a crucial step to take, following the death of George Floyd. This is...
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Trump's Pence Problem (Or, How I learned To Stop Worrying & Love The Election)
Today On Categorical Imperatives I take a look at the insanity of Trump and his increasingly unhinged base of supporters who cannot accept the fact that he lost the election and their desperate straw-grasping for any hope and pearl clutching schemes. But at this point there is really only one...
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What Is American Constitutional Republicanism?
It seems like every election cycle people can't wait to have all manner of pointless debates, where two factions engage in politics as team sport. Competing to see which team can talk the most while substantively saying the least and competing to see who can actively & most thoroughly dismiss…
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Trump's Twitter Trashing Tirade
On this episode of Categorical Imperatives, we go through Trump's Social Media executive order & why this demand for "free speech" is repugnant to the Constitution, the first amendment, individual liberty and free association. Current events, law, politics & culture through a lens of legal and...
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Why the Tenth Amendment Center is Wrong about the Fourteenth Amendment\
We discuss the 14th Amendment, Incorporation Doctrine, Substantive Due Process and what is the real world effect these Constitutional doctrines have on public discourse, jurisprudence and individual liberty Previous video on Incorporation Doctrine - https://youtu.be/-YQinwxV4GM Path To Liberty -...
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Is Paper Money Constitutional: The Tenth Amendment Center Gets The Coinage Clause All Wrong
In a recent article by Jacob Hornberger, published by the Tenth Amendment Center called "Why Is Paper Money Constitutional?" They just can't seem to get anything right. It's frankly a shocking abandonment of any pretense of Originalist Interpretation for something that really sounds more like a...
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The Legal Tender Cases: What Libertarians Get Wrong About Founders And Fiat
This episode looks at the legal Tender Cases and their relation to our last episode from yesterday discussing an article about how libertarians and sound money advocates forget themselves and get the Constitution wrong, IN SPITE OF their own values, not because of them.... Legal Tender Cases, 79...
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The Bill Of Rights As A Term Of Art (Part II)
Episode #50 Justice Hugo Black famously said that the bill of rights is the heart of the Constitution. Contemplating what he meant by that is an interesting question to ponder. But even more compelling is asking the question what exactly is the Bill Of Rights? Because the first 10 amendments to…
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The Heart Of The Constitution - How the Bill of Rights Became the Bill of Rights
Categorical Imperatives Episode # 25 Happy Bill of Rights Day! Today on Categorical Imperatives I thought it would be fitting to celebrate Bill of Rights Day (The day in 1791 the first 10 amendments to the Constitution) by discussing very new research that is completely rewriting the history of…
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Sedition: An American Virtue
In today's episode of Categorical Imperatives I attempt to rehabilitate the term "Sedition". We have heard it used a great deal lately and always as a negative. I wish to suggest and show that Sedition is a distinctly American virtue that should be treasured instead of shunned. I will discuss the...
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