Judicial Restraint v. Judicial Activism in Richard Epstein's "Takings" on the Eminent Domain Clause

Matthew Kirby returns to TRP Podcast to describe what the Charlie Kirk memorial was like in Glendale, Arizona on Sunday 21 Sept 2025. He drove from San Diego to Glendale in time for a 3 am Denny's the morning of, and slept in his car in order to attend the funeral of a man he never met or even followed that closely on social media. And tens of thousands of people did likewise. Matthew came on the podcast in Spring 2022 to talk about Christianity and Gun Control. He's a Marine Corps Iraq and Afghanistan veteran and Seminary trained in Philosophy and Apologetics. The Republican Professor is a pro-Christians-who-get-the-Second-Amendment-right, pro-Charlie-Kirk podcast. Therefore, welcome back Marine Corps veteran Matthew Kirby! The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

This episode includes a reading from Psalm 27 (KJV) and the 1925 1st edition of "Streams in the Desert", January 11th. The episode culminates in our regular programming which is a continuation of a transformative reading and fair use of Chris Caldwell's "The Age of Entitlement" published by Simon and Schuster in 2020. We begin chapter 2, Race, today. We'd like to thank Chris Caldwell for writing it, Simon and Schuster for making it available, and encourage you to purchase your own physical copy of the book so that you can follow along. Please support brick and mortar book dealers, you local book dealers. I'd like to thank my former political philosophy student Matt Stone (Phil M03: Social and Political Philosophy at Moorpark College, Spring 2008) for purchasing my copy of the book for me and supporting TRP podcast. Let's foster a culture that values good authors and good books, physical books, and honors and rewards publishers for making those books available for us to read and to think about. Please support this author and this publisher. The Republican Professor is a pro-political-phenomeonology-done-right podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

"[T]he waiting period is just an artificial delay on possession" (p. 20), "a standardless, temporary disarmament measure" (p.21) according to the Republican federal appeals court judges on the 10th Circuit, appointed by Trump and Bush. This is part 2 of a multi-part series following the injunctive relief individuals got on 19 August 2025, when the US 10th Circuit Court of Appeals ruled against the Democrat Legislature in New Mexico on the 7-day "cooling off period" wait for firearms. And the 3 judge panel split along Republican/Democrat lines , 2 to 1, with both George W. Bush and Trump Republicans on the same side of the Constitution against an Obama judge. Here's a link to the decision. For some reason, the text I was reading on the podcast didn't display properly on the recording, but you can follow along here. https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111284574.pdf We begin that story in a mulit-part part series here on The Republican Professor podcast. This episode includes a reading of Psalm 23 (KJV) and Streams in the Desert January 10th (Cowman Publications: Los Feliz Station, Lost Angeles , California 1925 years after Jesus). The Republican Professor is a pro-correctly-articulating-the-Second-Amendment's-moral-and-legal-boundaries, anti-silly-prohibitions podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

Part 5: We continue our timely coverage of Pope Leo XIII 's Rerum Novarum numbers 20 thru the end of 26 in his continued condemnation of Socialism and collectivism against the individual rights of employers, workers and families in 1891, when Socialism was increasingly popular in intellectual circles, setting the stage for the statisms of the 1900s. This episode includes a reading from Psalm 91 and Streams in the Desert (1925 non-woke 1st edition, Cowman Publications Los Feliz Station Lost Angeles, Calif.) January 9th. The Republican Professor is a pro-getting-theology's-application-to-public-policy-correct podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Support the podcast. Buy me a cup of coffee or ten here : https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

This episode of TRP Podcast is dedicated to my dad Mark Mather of Littleton, Colorado, who died 24 Sept 2008 while I was on my way to teach Political and Social Philosophy (Phil M03) at Moorpark College in California. The time stamps for my dad are at 43:35 and following. The rest is about why Gorsuch is wrong in Bostock v. Clayton County Georgia (2020)(part 6 in a series) about his faulty assumption that unexamined and unexplained transgenderism premises about sex and gender are properly included under "sex discrimination" language in Title VII of the 1964 Civil Rights Act -- a real hoot. Part 6: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. We cover the rest of Gorsuch's Opinion for the Court. We'll the Republican dissenting opinions next time. Part 6. The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

This is Part 6 in a series noting that 2025 is the 40th Anniversary of Harvard University Press' 1985 publication of Richard A. Epstein's "Takings: Private Property and the Power of Eminent Domain." We continue our celebration of this anniversary with a fair use and transformative reading, continuing and now finishing chapter 3 in what Richard calls "Philosophical Preliminaries." He titles chapter 3 "The Integrity of the Constitutional Text" because he's taking a look at political philosophy and the American constitutional order, how these things interact. The sections in that chapter we cover in this episode are called "Historical Sources" and "Judicial Restraint and Judicial Activism,' as well as the short final section called "The Agenda." Excellent stuff here. Excellent. Every college student should read this book. It's a superb introduction to the political philosophy of the American regime. Praise the Lord. We'd like to thank Harvard University Press for making this material available and Richard Epstein for writing it. Make sure you buy the book and follow along. It's very important for you to have your own copy on your own bookshelf, and to begin to master this material. Support your local book dealer. See if they have a copy of it, or if they'd mind keeping an eye out for you. I always encourage buying physical books, objects you can have, hold, cherish, learn from, display on your bookshelf as a topic of conversation, things you can pass on to the next generation with your notes in them, things that do not depend upon electricity. Toward that end: Go to Harvard University Press for more selections available for purchase. Please support the publisher and your local booksellers. This special episode includes readings from "Streams in the Desert" January 7th (Cowman Publications, Los Angeles Los Feliz Station, 1925) and Psalm 63. The Republican Professor is a pro-correctly-contemplating-property-rights podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

The U.S. Constitution as proposed 17 Sept "in the year of our Lord" 1787. Read with skill by Dr. Lucas J. Mather, Ph.D. on 17 Sept 2025 years after Jesus. This special episode includes readings from "Streams in the Desert" January 6th (Cowman Publications, Los Angeles Los Feliz Station, 1925) and Psalm 16. The Republican Professor is a pro-Constitution, pro-back-to-basics podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. To support the podcast, support it.

Mollie Hemingway, writing in Imprimis, a free publication made available by Hillsdale College (they will send it in the mail to you for free, and do for 7 million households) discusses the newly released Russia hoax documents. These documents were classified at the highest levels by Democrats in order to protect them from accountability. We're going to make a fair use of this material, perform a transformative reading of it. Again, check out Hillsdale College's Imprimis, sent monthly, for free, and send them some money if you like what you see. This episode includes a reading from the 1925 edition of "Streams in the Desert", January 5th, and from Psalms 4 and 11. The Republican Professor is a pro-separation-of-powers-protects-individual-liberty. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Today we take a brief look at what exactly Charlie Kirk did on college campuses--let's describe that well, ensconced as it was within and reacting to the cultural trend of anti-intellectual laziness that produced the need for that work, sometimes cloaked in the phrase "head knowledge" as opposed to "heart knowledge." Jesus never denigrated knowledge; instead he commanded us to love God with all of our minds. Charlie was animated by living out that command as best he could. Charlie was animated by living out that command as best he could and inspiring others to do the same by means of a spectacle or performance which when done well as it usually was attracted crowds. This is not the means by which head knowledge is usually cemented into a person's being, however. That process is hard and often boring. Ax me how I know. This episode includes a reading from the 1925 1st edition of "Streams in the Desert", January 4th. The episode culminates in our regular programming which is the beginning of a transformative reading and fair use of Chris Caldwell's "The Age of Entitlement" published by Simon and Schuster in 2020. We'd like to thank Chris Caldwell for writing it, Simon and Schuster for making it available, and encourage you to purchase your own physical copy of the book so that you can follow along. Please support brick and mortar book dealers, you local book dealers. I'd like to thank my former political philosophy student Matt Stone (Phil M03: Social and Political Philosophy at Moorpark College, Spring 2008) for purchasing my copy of the book for me and supporting TRP podcast. Let's foster a culture that values good authors and good books, physical books, and honors and rewards publishers for making those books available for us to read and to think about. Please support this author and this publisher. The Republican Professor is a pro-political-phenomeonology-done-right podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

I began recording this episode with knowledge that Charlie Kirk had been seriously wounded at a college campus. During the recording of the episode, right in the middle thereabouts, I found out he died, and so what was to be just the next in a series on Duncan v. Bonta, a final episode on VanDyke's powerful dissent to that en banc 9th Circuit case in March of this past year became a reaction to his assassination. So, therefore, this episode is in honor of Charlie Kirk. This episode includes a reading from the 1925 edition of "Streams in the Desert", January 3rd. In part D of VanDyke's Republican dissent in our series of dissents in the en banc resolution of Duncan v. Bonta (Ninth Circuit Federal Court of Appeals, 20 March 2025), we continue and finish covering his reductio ad absurdum form of argument. This episode is part 4 of 4 of Judge VanDyke's epic dissent to that resolution which caught a lot of controversy because part of his dissent was a link to the following website : https://www.ca9.uscourts.gov/media/23-55805/opinion , which, as you'll see, does not go to the Ninth Circuit federal government website but instead goes to YouTube, the Ninth Circuit's YouTube channel. The link for the en banc opinion of the Court as well as the dissents covered here can be found here : https://cdn.ca9.uscourts.gov/datastore/opinions/2025/03/20/23-55805.pdf These materials, the text and the video linked within the text of Judge VanDyke's dissent are in the public domain and have no copyright restrictions upon them. I have done the best I could, given the technology, to make a fair use of them with a transformative reading for educational purposes only. The controversy around the video includes not merely that Judge VanDyke, a Trump appointee to the Court, included video as a supplement embedded within his dissent, which he (and the Court) clearly consider to be official parts of his dissent, but what he filmed there in the federal courthouse in Reno, Nevada (probably, since that's where his chambers are according to the US Ninth Circuit's seniority website). He filmed, in his chambers, wearing his black robe, with views on the video to the tune of hundreds of thousands, a tote bag with his own guns, his own handguns, real firearms. He mentioned that the firearms used for the video were rendered inoperable, unloaded, and safe for purposes of the educational part of the dissent. He claimed to be filling in missing background information useful for understanding the record before the court, not for supplementing the record per se with his, the Judge's, testimony -- something that would be not only unusual but inappropriate. I'd love to hear what you think in the comments. The Republican Professor is a pro-correctly-articulating-civil-liberties podcast. Therefore, welcome Judge VanDyke . The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.