Understanding An Oath to Support the Constitution

2024 is the 37th Anniversary of my admission to practice law. The final act of becoming a lawyer is to swear an oath to the US Constitution. As I took that oath in 1987, it crossed my mind that the meaning of this oath was never discussed during law school. I’ve thought a lot about that since. As […]

ICYMI: DACA Goes To The Supreme Court

“[The President] shall take Care that the Laws be faithfully executed….” The United States Constitution: ARTICLE II, SECTION 3 There are a few other things going on besides impeachment. An example, the challenges to President Trump’s roll back of President Obama’s Deferred Action for Childhood Arrivals (DACA) got debated at the Supreme Court on November […]

BOOKS BY ATTORNEY DAVID J. SHESTOKAS

A message from David Shestokas on the crucial relationship between the Declaration of Independence and the Constitution BOOKS BY ATTORNEY DAVID J. SHESTOKAS  Constitutional Sound Bites explains America’s Founding documents in a format that is familiar to 21st century readers.  This is accomplished in a simple, unbiased, easy-to-read presentation that takes into account the “sound […]

Judge Finds CA “Law” on Presidential Tax Returns Unconstitutional

“Courts created under Article III of the United States Constitution are not concerned with political victories or who may or may not “win.” Instead, it is the Court’s job to make sure the Constitution wins.”   That may be the most straightforward and correct statement of law made by any of the myriad judges involved […]

Eliminating the Electoral College Puts California in Charge

There’s a growing number of states that are trying to make themselves completely irrelevant in selecting the President of the United States. The states are doing this of their own free will by passing laws to give their electoral votes to the candidate that receives the largest number of votes across the country. A Quick […]

Congress Terminates Only Emergency Declaration Protecting US Citizens, Trump Vetos

The Legal Status of Presidential Emergency Powers In 1976, Congress passed the National Emergencies Act (50 U.S.C. §§ 1601-1651).  It contains the following simple and straightforward language giving the President power to declare a national emergency: “With respect to acts of Congress authorizing the exercise, during the period of a national emergency, of any special or […]

Modern Day Red Scare upon us, but Americans asleep at the wheel.

  I find it quite ironic, that a country founded on principles of limited government and individual liberty is now turning to communist policies and demonizing success, in favor of extremely high tax rates. All of this just one year after President Trump pushed for and got significant tax reform that resulted in substantial tax […]

My Support for Judge Kavanaugh

Investigating President Trump’s nomination for the Supreme Court, Judge Brett Kavanaugh brought back memories of law school and a nettlesome problem I observed in America. Here’s how I came to believe a Justice Kavanaugh will be good for America. As part of being on law review all members write a piece called a “note”. It’s […]

The Constitution, Art. I Section 1: All Legislative Power Granted to the Congress

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. This is the first sentence of the Constitution.  It appears quite simple.  The power to enact laws about the subjects listed in the Constitution is granted to the Congress, and the […]

The 225th Anniversary of the Bill of Rights, Part I

December 15, 2016 was the 225th anniversary of one of the great achievements in the history of mankind: affirmation of the inalienable rights of man and specific limits on the power of government to interfere with the rights we are all born with under the laws of nature and nature’s God. These rights were affirmed […]