PODCAST · education
Speakeasy Ideas
by Speakeasy Ideas
Subscribe here for the family of Speakeasy Ideas podcasts, which includes Speakeasy Today and Speakeasy History with Dr. Thomas L. Krannawitter as well as The Law with D.K. Williams.
Episodes
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The Law episode 83: Presser v. Illinois
In a U.S. Supreme Court opinion written between the passage of the 14th Amendment and when the Court started “incorporating” the Bill of Rights against the states, the Court upheld the conviction and $10 fine against Herman Presser. Presser had led a group of about 400 armed people calling...
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The Law episode 82: Jacobson v. Massachusetts
What is the extent of government authority to “protect” the common good during a public health crisis? Earlier this year, the United States Supreme Court denied a California church’s request to stop the enforcement of certain public health rules that negatively affected the way the church…
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The Law episode 81: Bostock v. Clayton County
Earlier this year, the Supreme Court of the United States — in a 6-3 decision in the case of Bostock v. Clayton County — held that homosexual and transgender people are protected from employment discrimination under the Civil Rights Act of 1964. The Act prohibits discrimination against anyone...
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The Law episode 80: Chiafalo v. Washington
In the conclusion to the rogue elector saga we have been following, the Supreme Court applied what I refer to as the “Erosion Doctrine” to unanimously hold that states can turn their presidential electors into mere rubber stamps, thus depriving them of any discretion when selecting the president....
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The Law episode 79: Ramos v. Louisiana
Earlier this year, SCOTUS overturned precedent by a 6-3 margin and held that states cannot convict someone of a criminal offense unless the jury verdict is unanimous. Evangelisto Ramos had been convicted by a 10-2 verdict and sentenced to life in prison without the possibility of parole in...
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The Law episode 78: RNC v. DNC
Earlier this month, the U.S. Supreme Court, in a controversial 5-4 decision, overruled a lower court order expanding Wisconsin statutory deadlines for submitting mail-in ballots due to the state government’s response to the Coronavirus. The five justice majority were all appointed by Republican...
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The Law episode 77: South Dakota v. Dole
I could drink, legally, during my freshman year of college, but not my sophomore year. Then I was legal again my junior year. Why? Because of the National Minimum Drinking Age Act of 1984. What authority does Congress have to set the drinking age for the states? That’s what South Dakota wanted to...
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The Law episode 76: Allen v. Cooper
Pirates! Blackbeard! Queen Anne’s Revenge! Sovereign immunity! Enumerated powers! And, sexiest of all, copyright law! Stare decisis and legislative history, and separation of powers, too. The U.S. Supreme Court, just two weeks ago, dealt with them all. Did I mention PIRATES?! Avast, check it out,...
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The Law episode 75: Ex parte Milligan
During the Civil War, Lambdin Milligan, a citizen of Indiana, was arrested, tried, convicted, and sentenced by a military tribunal to hang for alleged anti-Union activities. He argued his conviction was illegal and sought a writ of Habeas Corpus for his release. A unanimous Supreme Court ruled in...
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The Law episode 74: Bad Elk v. US
In 1899, in a story that could have been an episode of Gunsmoke or Bonanza, tribal police officer John Bad Elk shot and killed another tribal officer who was attempting to arrest him. Bad Elk was convicted and sentenced to be hanged. The U.S. Supreme Court awarded Bad Elk a new trial based on the...
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The Law episode 73: Miller v. Wyoming
In November, 2013, Robert Miller was driving through Wyoming on his way to his home in Illinois. During a traffic stop, a state trooper discovered $470,040 in cash in his car. And took it. Just last week, the Wyoming State Supreme Court ruled unanimously that the State of Wyoming had to return…
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The Law episode 72: Texas v. Johnson
In this 5-4 1989 decision, the U.S. Supreme Court held that burning an American flag was speech the government could not punish pursuant to the First Amendment. Gregory Johnson, a member of the Revolutionary Communist Youth Brigade, participated in an anti-government protest during the 1984...
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The Law episode 71: U.S. v. Nixon
In this unanimous decision, the Supreme Court rejected President Nixon’s contention that all communication involving the Chief Executive of the United States—which just happened to be him—was immune from production in a criminal investigation. The case arose out of the investigation of the...
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The Law episode 70: West Coast Hotel v. Parrish
This is the U.S. Supreme Court case that ended the Lochner era of jurisprudence. It is allegedly the “switch in time that saved nine,” a reference to the Court abruptly changing course shortly after FDR announced his court packing plan. Justice Owen Roberts, in a span of a few months, changed his...
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Speakeasy Today #60: “I Feel…” and the Rejection of Reason
The post Speakeasy Today #60: “I Feel…” and the Rejection of Reason appeared first on Speakeasy Ideas.
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The Law episode 69: Blumenthal v. Trump
Just this week, a unanimous D.C. Circuit Court of Appeals threw out a lawsuit filed by over 200 members of Congress alleging Donald Trump is in violation of the Emoluments Clause of the Constitution. The court held the members of Congress did not have standing to bring the lawsuit. So this week…
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The Law episode 68: Lochner v. NY
This 5-4 Supreme Court decision—which struck down a state regulation that made it a crime to allow an employee to work more than 60 hours a week as a violation of an individual’s liberty to contract—is largely ridiculed in law schools today and by modern central planners. Find out why. The post…
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Speakeasy Today #59: How Lessons From The Past Are Relevant Today
The post Speakeasy Today #59: How Lessons From The Past Are Relevant Today appeared first on Speakeasy Ideas.
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The Law episode 67: The Death Penalty
The death penalty is back in the news this week as the Colorado General Assembly considers a bill to ban the punishment. Nationwide, the practice is on the decline. While the concept of a death penalty is constitutional, is it a good idea? Should the government be trusted with the power of...
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The Law episode 66: Juliana v. US (9th Cir. 2020)
Just last week, in a 2-1 decision, the 9th Circuit correctly tossed out the “climate kids’” lawsuit seeking a judicial order requiring the executive and legislative branches to design and implement policy the plaintiffs had been unable to convince the political branches to enact. The plaintiffs...
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The Law episode 65: “A Republic, If You Can Keep It” by Neil Gorsuch
United States Supreme Court Associate Justice Neil Gorsuch’s book, A Republic, If You Can Keep It, attempts to explain to non-lawyers the importance of the constitutional framework of our federal government. And he succeeds. He discusses how the separation of powers, when followed, protects our...
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The Law episode 64: Texas v. U.S.
Just last month, the Fifth Circuit upheld a lower court ruling that the individual mandate portion of the Affordable Care Act (Obamacare) is no longer constitutional. Despite wailing from some who support the ACA, the 5th Circuit is correct. The Supreme Court, in 2012, upheld the mandate on the...
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The Law episode 63: Legal Lessons from Richard Jewell
The recent movie directed by Clint Eastwood, Richard Jewell, dramatizes the actual events surrounding a pipe bomb explosion during the 1996 Atlanta Olympics. When I first saw the trailer for the movie, I was yelling at the screen “DON’T TALK TO THE POLICE, RICHARD! SHUT UP!” Fortunately, my…
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Speakeasy Today #58: Where Does Impeachment Go From Here?
The post Speakeasy Today #58: Where Does Impeachment Go From Here? appeared first on Speakeasy Ideas.
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Speakeasy Today #57: Mandy Connell interviews Dr. Thomas Krannawitter (Dec. 16, 2019)
The post Speakeasy Today #57: Mandy Connell interviews Dr. Thomas Krannawitter (Dec. 16, 2019) appeared first on Speakeasy Ideas.
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The Law episode 62: Printz v. United States
In this 5-4, 1997 decision, the U.S. Supreme Court declared certain key provisions of the Brady Handgun Violence Prevention Act unconstitutional. While the Brady Act was an attempt at federal gun control, this is not a Second Amendment case. It is a Tenth Amendment case. Justice Scalia, writing…
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The Law episode 61: Knick v. Township of Scott
he Township of Scott, Pennsylvania, ordered Mary Jane Knick to allow the public on her property because it contained a private cemetery. She opposed that directive. This Supreme Court case from earlier this year deals with two important topics: The Fifth Amendment Takings Clause and stare…
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The Law episode 60: Special Interview with Micheal Baca
This is a special edition of The Law. We discussed the 10th Circuit opinion Baca v. Colorado (2019) back in episode 48 of The Law. Micheal Baca (yes, he spells his first name Micheal, not Michael) is the plaintiff in that case, and he graciously agreed to talk to me about how he became a...
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The Law episode 59: U.S. v. Paramount Pictures
Everybody loves movies! In this 1948 Supreme Court case, the US Department of Justice brought an antitrust case against most of the major movie studios and movie distributors for anti-competitive practices. This case is another example of how the judiciary rewrites statutes passed by Congress.…
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The Law episode 58: Bivens v. Six Unnamed Agents
The Fourth Amendment prohibits federal agents from wrongfully arresting you and searching your house without a warrant. But what if they do? What if they enter your house without permission, ransack your house without a warrant, wrongfully handcuff you in front of your wife and child, take you…
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Speakeasy Today #56: Cronies Investigating Cronies?
The post Speakeasy Today #56: Cronies Investigating Cronies? appeared first on Speakeasy Ideas.
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The Law episode 57: Miller v. California
Marvin Miller was convicted of violating California’s criminal obscenity law when he sent unsolicited mailings advertising the availability of some dirty books and a movie. The U.S. Supreme Court, in a 5-4 decision, upheld his conviction. This is one of several cases from this era where the Court...
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The Law episode 56: U.S. v. Wong Kim Ark
Birthright citizenship and the 14th Amendment have been in the news recently. President Trump does not believe birthright citizenship is required by the 14th Amendment. The U.S. Supreme Court discussed the issue in some detail in an 1898 case, U.S. v. Wong Kim Ark. The post The Law episode 56…
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Speakeasy Today #55: No Safe Spaces
The post Speakeasy Today #55: No Safe Spaces appeared first on Speakeasy Ideas.
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The Law episode 55: DC v. Wesby
This case, otherwise known as the Peaches’ House Party Case, deals with probable cause and qualified immunity of police officers. Justice Thomas wrote the opinion for a unanimous court overturning judgments of almost $1,000,000 awarded to partygoers for what the lower court found to be their...
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Speakeasy Today #54: Dennis Prager v. Jack Phillips?
The post Speakeasy Today #54: Dennis Prager v. Jack Phillips? appeared first on Speakeasy Ideas.
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The Law episode 54: Nixon v. U.S.
Impeachment has been in the news lately. In a 9-0 decision from 1993, Nixon v. U.S., the United States Supreme Court made it clear that impeachment by the House of Representatives and trial by the Senate are purely political processes. There is no judicial review of either process. The post The…
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Speakeasy Today #53: Creating Tragedy & Triumph in 2020
The post Speakeasy Today #53: Creating Tragedy & Triumph in 2020 appeared first on Speakeasy Ideas.
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The Law episode 53: Janus v. AFSCME
In the 2018 case, Janus v. AFSCME, the U.S. Supreme Court overturned one of its earlier decisions, the 1977 case, Abood v. Detroit Board of Ed. The 1977 Abood decision held that unions could deduct “agency fees” from union non-members without their consent. The Court in Janus, in a 5-4 decision,...
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Speakeasy Today #52: The Politics of Impeachment
The post Speakeasy Today #52: The Politics of Impeachment appeared first on Speakeasy Ideas.
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Speakeasy Today #51: Medicine, Science, & The Good Life
The post Speakeasy Today #51: Medicine, Science, & The Good Life appeared first on Speakeasy Ideas.
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The Law episode 52: Bush v. Gore
Almost 20 years ago, the presidential election between George W. Bush and Al Gore was decided by the results in Florida. Due to the failure of Florida to execute the election and ballot counting process in a competent manner, the United States Supreme Court had to address the Equal Protection...
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The Law episode 51: Korematsu v. United States
In a dark stain on the Supreme Court’s jurisprudence, a 6-3 majority held that the fear of potential “espionage and sabotage” from American Citizens of Japanese heritage, during World War II, was enough to justify interning (a euphemism for “jailing”) Americans of Japanese descent. The post The…
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Speakeasy Today #50: Constitution Week
The post Speakeasy Today #50: Constitution Week appeared first on Speakeasy Ideas.
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The Law episode 50: Ray v. Blair
Lower courts have come to opposite conclusions on whether or not states can bind their Electoral College voters to rubber stamp the popular vote or if electors can use their discretion and vote how they want. If this question is not decided by the U.S. Supreme Court by November 2020, our next...
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Speakeasy Today #49: Theological-Political Reflections on 9/11
Show notes: The Ancient City by Fustel de Coulanges. The post Speakeasy Today #49: Theological-Political Reflections on 9/11 appeared first on Speakeasy Ideas.
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The Law episode 49: Guerra v. Washington
Whether or not members of the Electoral College can use their discretion when voting, or if states can require electors to vote a certain way, remains in the news. Last week, in episode 48 of The Law, we discussed the 10th Circuit’s ruling on the issue in Baca v Colorado. This week, we discuss a...
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Speakeasy Today #48: Labor Day
The post Speakeasy Today #48: Labor Day appeared first on Speakeasy Ideas.
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The Law episode 48: Baca v Colorado Dept. of State
A “progressive” anti-electoral college group is funding lawsuits to actually enforce Art II, Section 1 of the Constitution and the 12th Amendment in order to free presidential electors from any state imposed restraints. A divided 10th Circuit panel ruled in their favor and have struck down...
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Speakeasy Today #47: More on the 1619 Project
The post Speakeasy Today #47: More on the 1619 Project appeared first on Speakeasy Ideas.
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ABOUT THIS SHOW
Subscribe here for the family of Speakeasy Ideas podcasts, which includes Speakeasy Today and Speakeasy History with Dr. Thomas L. Krannawitter as well as The Law with D.K. Williams.
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Speakeasy Ideas currently has 50 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
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Subscribe here for the family of Speakeasy Ideas podcasts, which includes Speakeasy Today and Speakeasy History with Dr. Thomas L. Krannawitter as well as The Law with D.K. Williams.
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Speakeasy Ideas has 50 episodes. Check the episode list to see recent publication dates and frequency.
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