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A Series About Courts, the Constitution, and Remedies Welcome to YesToHellWith.com. In the last video, I asked a simple but profoundly important question: If the Constitution limits government, where does the Constitution actually become a practical protection for the citizen? We considered the example of a man restoring a 1977 Ford Pinto on his own property. The city has adopted an ordinance prohibiting automobiles from being parked on front lawns. A code-enforcement officer issues a citation. The property owner appears before an administrative hearing officer and raises a constitutional concern. But the hearing officer responds: “I apply the ordinance.” “I do not decide constitutional questions.” The city enacted the ordinance.
The city enforces the ordinance. The city’s administrative tribunal applies the ordinance. And the citizen loses. But we were told that the citizen still has a remedy. He can pursue the matter through additional proceedings. He can seek judicial review. He can hire an attorney. He can file motions. He can prepare briefs. He can attend hearings. And, if necessary, he can appeal. So perhaps a remedy exists. But today, I want to ask a different question. Is it a practical remedy? Suppose the citizen must spend three years pursuing constitutional review. Suppose the legal expenses eventually reach $100,000. Suppose the case requires multiple appeals before any court meaningfully examines.
Whether the government exceeded its constitutional authority. During those three years, what happens to the citizen? The citation remains. The fines may continue. The vehicle may have to be moved. The citizen may be forced to comply before the constitutional question is ever decided. The government acts first. The constitutional review comes later. Perhaps much later. Now consider the imbalance. The city already has attorneys. It already has enforcement officers. It already has administrative procedures. It already has the public’s money available to defend the ordinance. The citizen has only his own time, his own resources, and his own determination. The government may enforce the ordinance in days. But the.
Citizen may need years to challenge whether that enforcement was constitutionally permissible. So let us identify the constitutional issue clearly. A right written on paper is one thing. A practical remedy capable of protecting that right is something else. If the remedy arrives only after the citizen has paid the fine, moved the vehicle, lost the property, surrendered the license, or suffered the consequences of enforcement— What exactly has the remedy protected? If constitutional review is technically available, but obtaining it requires three years, $100,000, and multiple appeals— Is the constitutional protection genuinely available to the ordinary citizen? Or is it available only to those with enough money and time.
To reach it? I am not saying that every ordinance is unconstitutional. I am not saying that every citation violates a constitutional right. And I am not saying that every administrative decision is improper. I am asking something much more fundamental. When a citizen raises a legitimate constitutional question, must he first submit to enforcement and then spend years attempting to establish that the government exceeded its authority? If that is the process, when does the Constitution actually perform its intended function of limiting government? Before the injury? At the moment of enforcement? Or only years afterward, if the citizen can afford to continue? The Liberty Dialogues System teaches us.
To distinguish between the existence of a remedy in theory and the availability of that remedy in practice. It teaches us not to assume that because a procedure exists, the procedure necessarily provides meaningful constitutional protection. So here is the question: If enforcing a constitutional right requires three years, $100,000, and multiple appeals— Has the constitutional”. As noted by @martha_seeycauseican: “I am not giving up i will never give up but I did give up on you why”. According to user @yo_boy446: “Sorry i haven’t posted yo”. In another post by @mlmlyrics5: “I will not give up”. As noted by @japan_reels: “Sheldon Cooper Fun With Flags Video”. Creator @tiktok_tokyo: “Forrest.
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