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The SAVE Act dilemma: Federal has no authority over state election roles · Cultural Wars | America Out Loud News

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Helping to secure the blessings of liberty to ourselves and our posterity.
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This is the Constitution Study on the America Out Loud Network with your host, Paul Engel.
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Our voting and our election systems are critical to remaining a republic.
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But I have to ask are we the people doing more than just casting our votes?
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If no, why not?
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Hello there, everyday Americans.
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Paul Engel here with the Constitution Study, where we read and study the Constitution, teacherizing generation be free.
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Glad you could join me today.
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You know, my entire life, I've been encouraged to vote.
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Well, all right.
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It was understood that when I was under the age of 18, I was not allowed to vote.
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But soon I was told, as soon as you turn 18, you need to go vote.
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I remember as a child, I think it was we were in like third or fourth grade.
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Um, it was an election year, presidential election year.
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And uh my public school in New York City was uh a voting place.
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They they held it in the cafeteria.
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And I remember our entire class was taken down to the cafeteria after they'd set up the machines, and we were shown how the machines work and and allowed to cast our own ballots.
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They were not tallied, right?
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They were a race, but the whole idea was even as a child, as a tender aged child, we were encouraged to understand how to vote so that we could vote because we understood how important it was.
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Nowadays it seems people just can't be, they can't be bothered to vote.
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Now, one difference between when I was a child, I mean, I remember it as a child, probably that year.
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I was I was old, my sister was still a babe in arms.
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And I remember going with my mother to our school cafeteria and standing with her in the in the voting booth.
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New York State used voting machine, mechanical voting machines, not digital ones, mechanical ones at the time.
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And I remember going in with her and closing the curtain and she cast her votes.
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I remember that.
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It was that important.
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We were told how important it was.
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Today, many people can't be bothered to actually show up to vote.
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Now, don't get me wrong, I'm glad they now have extended voting.
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I early voting.
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I love in-person early voting for two main reasons.
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One, there are less crowds.
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I can go and it's more convenient to me.
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You know, I've got like usually like a two-week window when I can find a time that I can take my wife and we can go vote.
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Now remember, my wife is in a wheelchair, which means we have to deal with wheelchair ramps and and all that stuff, and I actually have to help her vote.
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Um, there's a form that we that she signs that approves me, helping her to vote, right?
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But it's it it I appreciate that aspect of it.
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But I've only mailed in a ballot once in my entire life.
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And that's because I literally was out of the state uh uh for an extended period of time.
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I was not going to be there to vote.
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But it's to the point now every there's some states where everybody does mail in voting.
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You can't even be bothered to show up at a polling place.
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And of course, there's all sorts of questions and issues about uh uh opportunities for fraud and exposing weaknesses and all that.
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Those are discussions we've already had.
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I want to look at a couple of other things, and I have to ask, you know, the American people is all you do is your only duty to this nation to show up every couple of years or four years if you only do the presidentials and vote.
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Let's start with something interesting.
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Uh, there was a report out of Great Britain two years ago that re that that uh revealed that their voter registration uh databases had been hacked by the by the Chinese.
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And of course, this became a global scandal that uh I don't remember anybody actually caring about.
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But now there are reports that uh guess what?
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U.S.
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intelligence services had a secret.
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They've known since 2020 that Beijing has gained access to many American voter registration data databases.
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This is according to documents reviewed by just the news.
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In these documents, you see that certain Chinese official uh intelligence officials analyzed multiple U.S.
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states redacted election voter registration data, redacted to cut conduct public analysis opinion analysis on the 2020 U.S.
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general election.
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Now, I'll put a link to this National Intelligence Count uh Council assessment uh on the show page when it hits the website, so you can read it for yourself.
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But to me, it it begs the question.
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If the the uh if in April of 2020, the intelligence communities knew that the the Chinese were into our voter registration databases.
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Why are we only hearing about it now?
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Almost six years later.
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Now, these are the voter registration databases, these are not the ballots.
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All right, I want to be specific.
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I don't want to, you know, fan false scares.
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It's it's it's bad because this got personal identified, these day registration debate have personally identifiable information.
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This is information by the way, many states are refusing to hand over to the federal government.
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But we now know that for six years the communist Chinese have had access to it.
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And what are they doing?
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Could they be doing this to help manipulate the election or not?
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I don't know.
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But to me, it's a certainly a concern, and it's a concern that needs to be dealt with.
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Which of course brings me to the the one of the election news of the day, and that is the Save Act.
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Now, I've talked about it multiple times before.
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The Save Act is one of those, it's it's part constitutional, part not.
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Remember, under Article 1 of the Constitution, Congress has the power by law to set or modify rules for elections for House and Senate.
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Only for the U.S.
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House and Senate, and only to the time, place, and manner of those elections.
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That's important because if you read the Save Act, contrary to a lot of the reporting, the Save Act doesn't say that you need to produce photo ID for every election.
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It says you have to have photo ID for federal when you vote for federal offices.
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Now, the only two offices the American people actually vote for, the only two federal offices are House and Senate.
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No, the people do not vote for president.
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Contrary to what they've been trying to tell you for decades.
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You don't vote for president.
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You vote to tell your state legislatures which panel, which group of electors to send to the presidential vote.
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It's a common misconception, one I've dealt with multiple times here on the Constitution study.
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So that part of the SAVE Act is absolutely constitutional.
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The problem is there's nothing in the Constitution that gives the federal government the authority to regulate vote how voter registration is handled.
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Now, to my knowledge, every state I've checked, in order to vote in their elections, you have to be a citizen of the United States.
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It's required by the Constitution of every state in the Union that I have checked.
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But now the Save Act says, well, we're going to make it a federal law.
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Um sorry, that's unconstitutional.
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You don't have that authority.
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Now, of course, that has never been the discussion I've heard.
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The debate I've heard over the SAVE Act has never actually dealt with that constitutional question.
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Now, one that I've heard.
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I'm not saying it's not out there, but it's certainly not one that I have heard other than what we've talked about here on the Constitution study.
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Now, of course, the Save Act has been very um, it's been very partisan, right?
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The Republicans are generally for it, the Democrats are generally against it.
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And of course, the Democrats come up with all sorts of crazy conspiracy theories, nonsense.
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Oh, it's Jim Crow 2.0.
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That apparently Chuck Schumer thought it was such a great deal.
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More Democrats are using this false line.
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But that's interesting.
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I'm actually talking about I'm coming back to uh the debate because they finally started debating this thing in the Senate.
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And uh majority leader Thuon has an interesting question.
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He he wanted to say, he wonders why, or I guess he thinks he knows why the GOP uh can't find 51 votes to use an actual filibuster for the Save Act.
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Now understand the filibuster has nothing to do with the Constitution of the United States.
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There's no requirement for it.
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It it does say that each house, the House and Senate can set their own rules.
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And they came up with this idea that these the House will have a limited prescribed time for debate, while the Senate will have none.
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They can have unlimited debate, which means if you ever watch the movie uh Mr.
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Smith Goes to Washington, I do recommend it.
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I've watched it a few times.
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If you can hold the floor, you can prevent a bill from being voted on.
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It used to require that a person hold the floor, meaning they stand up and they speak.
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It doesn't matter what they say.
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I think one time somebody uh read the stories of Dr.
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Seuss.
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Uh, you know, just as long as you can keep holding and they cannot get enough votes to stop debate against you, then you had a filibuster.
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They're now calling it a talking filibuster.
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They set up some rules uh a while a bunch of years ago that said, well, rather than actually having a filibuster, rather than actually having somebody sit.
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Up and talk or stand up and talk for an extended period of time.
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We'll just assume somebody would do that.
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And you need 50 votes.
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I'm sorry, you need 60 votes in order to um close debate so that we can vote on it.
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Even though there's no debate going on, you had to have 60 votes.
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This is the modern quote unquote filibuster.
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So Mr.
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says saying, Well, well, gee, why can't we get 51 senators to say we're going to do a true talking filibuster on the Save Act?
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We're not going to forget about it.
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We're going to do a real talking filibuster.
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Now, Mr.
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Thune uh was doing an interview with uh Fox News' Brett Bear.
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Let's listen to this.
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Mr.
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Bear brings up this question.
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So let's listen.
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So, why in specific detail are you convinced that a talking filibuster doesn't work?
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Well, first off and foremost, because we don't have the votes for it.
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Uh, and that's again, that's a it's a simple function of the math in the Senate.
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It would take even a talking filibuster, it would take 51 votes.
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We don't have 51 votes for that uh in the United States Senate.
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Wait, let's punch into their server for a second.
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Because again, he says, we apparently it sounds like he said we do it.
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Uh we don't have the votes.
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We don't have 51 votes to have a talking filibuster for the uh uh for the save act.
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Uh therefore we we can't do it.
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But the why, the why was interesting.
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Listen to this.
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But why is that?
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Why why can't colleagues not going to force the issue?
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The president's obviously putting his foot here saying this is the most important thing that needs to come out of this Congress.
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Right.
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And I know people don't like to hear this, but the talking filibuster, you know, it takes you back kind of basically to the 1800s.
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You go back to the 19th century and the way things were done in the Senate, and we can't find an example in modern Senate history where a piece of legislation passed via the talking filibuster.
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Okay, there's to me the first reason is that well, we we've never legislation doesn't pass.
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We have to pass leg that's our job to pass legislation.
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We set up a process where we can't pass legislation.
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Um I I don't know how good their research is.
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I haven't actually investigated it myself, but he says, you know, talk about the 1800s, actually it was early 1900s, I think when they got rid of the the standard filibuster filibuster, but uh there's a bit more to this answer.
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But in the meantime, what it does is But he would say if they got tired and exhausted, it would be 51 votes.
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It would be at 51 votes, but between now and then, and you're talking about unlimited debate.
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And any time an amendment, for example, is offered and fails, if it gets tabled, you start all over.
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You reset the clock.
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And it really favors the minority.
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Uh, when Harry Reed was the majority leader, Democrat leader in the Senate, uh, same thing with Chuck Schumer.
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They both looked at doing this and opted against it.
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And now we get more clues coming, oh, well, you see, um, you know, it it favors the minority.
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We couldn't let our political opponents have power.
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We couldn't actually work with our opponents and and come to some sort of consensus.
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We have to have political partisan control.
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And it's the Republicans and the Democrats that apparently feel that way.
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Uh, what it would force us to do in the Senate is vote on all kinds of Democrat amendments, whether it's Epstein or blocking President Trump's tariffs, uh, or you know, Obamacare subsidies.
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You can go right down the list, war powers, abortion.
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There are a whole bunch of votes that would be um that we would be forced to take, not only really hard political votes for a lot of our colleagues, but also votes that in the in the end, some of which would pass and go on the bill.
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And once issues like that are attached to this bill to poison pill it's a poison pill.
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So uh interesting, you says Democrats would add amendments.
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I believe Republicans would add amendments too.
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And I'm sure when the Democrats were in power, the Republicans would do a members.
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In other words, the opposing party would find ways to continue to gum up the works because it will because well, we have to debate.
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We have to come to a conclusion.
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We have to come to some sort of of majority consensus in order to move legislation forward.
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My God, we don't pass legislation.
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What's going to happen?
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Well, for the most part, I think not passing legislation is a good thing.
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Not always.
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There are certain things that need to be in there.
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There are rules about that, like uh, you know, budget and finance things don't go through the the 60 vote requirement, but it's all about well, it's control.
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And would the opposing party be able to do something that we we couldn't let that happen?
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There, there we've looked at believe me.
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We've we've we've shopped this out, we've we've gamed it out, we've done all the contingencies and said, is there a way in the end that we can get an outcome?
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Because to me, that's what it's about.
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If you can achieve a policy outcome, yeah, then the process uh we're willing to look at.
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But in the end, this is about really um having a debate about the substance and the substance of this bill is whether or not people who are in this country illegally, non-citizens ought to be able to vote in a and as I've already pointed out, it's already illegal for non-citizens to vote.
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Every state is I'm that I'm aware of, it's a constitutional requirement to be a citizen of the United States in order to vote.
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The problem is not all states are actually enforcing that.
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And that's to me is where the problem really shows up.
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And I'm gonna get into that a bit more, but I I I have a break coming up, and uh I I don't want to start, I don't want to break that up in the middle.
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But I want you to sit there and realize a couple of things here.
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So on the one hand, yes, we have we have apparently reports that uh uh foreign entities have gained access to some of our voter registration and the data that's in included, including person identical information.
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We have Congress trying to pass legislation that's only half constitutional, but the the debate, the problem seems nothing to do with the law or the constitution.
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It seems to be all about partisanship.
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And this party wants it, so we have to be opposed to it.
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And well, oh, they're opposed.
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We can't let them add amendments because well, they might add something we don't like.
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And this is all that shows, you know, that again, Congress is not supposed to be fast.
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They're supposed to be thorough, but they're not supposed to be looking at, well, does it improve my party or my opponents?
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They're supposed to be looking, is it constitutional?
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Is it are we acting enacting a power vested in us by the Constitution of the United States?
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You notice that didn't seem to come up anywhere in Mr.
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Thun's discussion about about this debate on the Save Act.
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Now, as I said, I've got a break coming up.
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20:54
Welcome back, everybody, Americans rejoin the Constitution.
20:57
So today we're talking about doing more than voting.
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Before the break, we were talking about the Save Act and the we have to prevent non-citizens from voting.
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And of course, during that debate, uh let's just say the opposition had some interesting statements.
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For example, uh Senator Badia, Alex Badilla uh said that non-citizens voting is already uh uh in federal elections is already a felony.
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So this legislation is nothing but a misguided solution in search of a problem that does not exist.
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Here's the thing.
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If it's already a felony, then how do we know if people are actually violating the law?
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In other words, it let's say it's a crime to go faster than the public speed than the posted speed limit.
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But if there are not police out there, you know, with radar guns, how do you know if someone's actually violating the law or not?
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Which is what the Save Act is supposed to be doing.
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Again, I have no problem with the photo ID, right?
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Because that's that's dealing with the the time, place, and manner of voting.
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I have a problem with the Federal Save Act in the voter registration because that's not a power delegated to the United States by the Constitution.
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I do have a problem with states that don't follow their own constitution that says you have to be a citizen to vote.
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And so I think Padilla's statement is foolish because okay, yeah, it's already a crime to uh vote in elections when you're not a citizen.
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But if no one's looking, how are they going to get caught?
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And that's really what the Save Act is about, even with the voter registration uh uh portion.
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But as I said, you know, he wanted out that uh Senator Padilla that he called them federal elections or actually election for federal offices.
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Pedantic, but details matter.
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But what about other elections?
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Again, the Save Act has no the federal government has no legal authority over those.
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So I remind you that uh in New York City, um, well, there was a group that fought to allow 800,000 non-citizens to vote in municipal elections in direct violation of the constitution of the state of New York.
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Article 2, section one says every citizen shall be entitled to vote at every election for all officers elected by the people and upon all questions submitted to the vote of the people, provided that such citizen is 18 years of age or over and shall have been a resident of this state and the county, city, or village for 30 days next proceeding an election.
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So uh New York City was hey, we'll just violate the constitution.
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Now, thankfully, that didn't actually happen.
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Uh that that that move was struck down, or that law was struck down by the second judicial appointment and uh eventually uh shot down at the New York State Court of Appeals, saying it violates our constitution.
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We can't do that.
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Doesn't mean that they didn't try, but they didn't do it.
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Uh the Washington DC Board of Elections are tied up in court trying to preserve a district law that permitted non-citizens to vote in local elections.
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Now, the DC doesn't have a constitution because it's not a state.
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But again, federal law says you have to be a citizen to vote.
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Oops.
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Oakland, California voters approved a charter amendment in 2002 permitting non-citizens who have children to vote in Oakland school board elections, again, in violation of the Constitution of California.
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And these are just a few of the examples of those who have tried to get to allow non-citizens to vote.
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Interesting, at least the examples I've found so far, uh, all of them seem to be members of the Democratic Party.
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Which may be a pattern you find important, maybe not.
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But the idea that that uh uh you know the states, we don't have to worry about about about the federal level.
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Well, guess what?
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You have state uh actors that are trying to uh deal with elections in state uh elections, and well, sometimes they're getting away with it, sometimes they're not.
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But that's a problem for a state to fix when it comes to voting in federal elections for federal offices.
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Um like I said, the registry is not a you don't register to vote in a federal office.
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So Congress has no authority over the registration process.
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Which of course brings up the question what are the states doing to ensure the the accuracy of their uh elections to ensure that only people legally and constitutionally qualified to vote, i.e.
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citizens in the United States, are the ones voting.
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Listen to this.
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This is a debate during uh uh uh uh a hearing in the mean Minnesota legislature.
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Okay, so the answer to my question is yes.
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Under that scenario, um someone could they get their driver's license again because we give them to anybody here.
25:51
They register to vote.
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It doesn't match with the social security number, so they're flagged, but they come in as long as they have an ID, which is that driver's license, and they sign that they're you know eligible to vote, they can vote.
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And they're then no longer flagged.
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They're on the system.
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Is that correct?
26:12
Mr.
26:13
Lenel.
26:14
Madam Chair, if I could add the um and maybe stepping back from those that are flagged as uh CID on the roster um for anyone that's presenting documentation to register to vote, that is affirmation of their um identity.
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The driver's license has not been used as proof of citizenship for the purposes of registering to vote.
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It's it's affirming that they are who they they say they are.
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So in any of these cases where um someone were to cast a ballot if they were ineligible to vote, um, there are also reports that are generated uh post-election for voters that are challenged that counties will run to show status of voters that have been updated due to the fact that they've now cast a ballot that can be reviewed and referred to the county attorney.
26:58
Okay, so the answer is yes to my question.
27:02
No, this Mr.
27:03
Lindell, this was actually uh Paul, I'm sorry, Lynnell.
27:06
Paul Linnell, he is the Minnesota director of elections.
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That was answering the question.
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And I believe the legislators a little bit of a gotcha.
27:13
You know, so my answer the answer is yes, even though it's not exactly what he said.
27:17
Um I don't know, I found it a bit squishy.
27:22
Okay, so a driver's license is not proof of citizenship.
27:25
Okay, that's fine.
27:27
What is the requirement?
27:28
What are the proof of citizenship necessary to register?
27:31
Because you're telling me that if people cast votes that are not eligible, then well, the if you're if you have a process to catch them, apparently people are doing it.
27:40
And what is the process?
27:41
How does someone get on a voter registry if they're not a citizen?
27:46
And is that, you know, is in other words, are there other malfeasances?
27:51
Is there problems in this?
27:53
I don't, I don't know.
27:54
Considering everything's been going on in Minnesota lately.
27:57
This might be a question worth spending some time on, especially if you live in the state of Minnesota.
28:05
Uh as again, I live here in Tennessee.
28:08
Uh, when I register to vote, pretty sure I had to prove I'm a citizen.
28:12
I don't remember for sure.
28:13
It was over 10 years ago when I registered.
28:15
It's almost 11 now.
28:16
Wow.
28:17
Um, but every time I show up to vote, guess what?
28:20
I have to produce a photo ID.
28:22
I give them my driver's license.
28:23
My wife gives them their driver's license.
28:26
I make that point.
28:27
My wife is in a wheelchair.
28:28
She needs assistance working the voting machine.
28:32
Uh so you know, she has a hard time.
28:35
Her fingers have a hard time making sure she gets the right button.
28:38
So I help her.
28:39
And of course, every every time we go through, uh, I tell them, you know, we're gonna, she's gonna need assistance voting.
28:44
My wife signs a form that says, yes, it's okay for my husband to assist me in my voting.
28:51
And uh, you know, I go in and help her vote.
28:54
Boom, I and she tells me what she wants to vote for, and I make sure the right buttons are pushed.
28:58
She verifies it, and then we submit the vote, and la la, life is good.
29:02
Uh but that's at the state level.
29:05
And again, you know, the the the question of of non-citizens voting is apparently something that is still people are still trying to do this.
29:15
Now, I always wonder why do you want a non-citizen to vote?
29:19
Could it be that, well, you're trying to get uh uh you're trying to boost the the voting for your political party.
29:26
And that's one way of doing it.
29:28
There are a lot of other ways that well may not be as illegal, but certainly are not uh not the right way about doing things.
29:36
Uh for example, California right now, uh, there's a a race for governor, and um one of the candidates, a Matt Mahan, uh currently mayor of San Jose, uh said that uh their state's high gas prices are becoming an emergency for working families.
29:55
I think we ought to act like it.
29:57
Well, yeah, I I I mean, uh the calculation.
30:00
California is crazy.
30:01
California's gas tax is 61 cents a gallon, the highest in the nation.
30:07
Um, the price of gas in in California, this is as of uh, oh, I think it was like uh middle of March, March 17th.
30:17
Oh, um, St.
30:18
Patrick's Day.
30:19
So on the California, the cosmic gas is $5.52 a gallon, the highest in the United States.
30:27
It's actually 50% more than any other state in the Union according to triple A.
30:33
The national average, by the way, is 371.
30:36
But I want you to think about that.
30:38
You have California, which is part of the continental United States, which means you can have pipelines.
30:44
It actually sits on a fair amount of its own oil.
30:47
Yet gas there is more expensive than Hawaii, which is an island that has to import all their gas.
30:56
Meaning they can't set up a pipeline to Hawaii.
31:00
It has to be shipped in on tanker.
31:03
And it's still less expensive than California.
31:06
So this has become apparently is becoming a bit of a debate for the uh uh the governor's race in California.
31:15
Now we go back to to Mayor Mahon, and he said in an interview, the truth is we have the highest taxes in the country and a 350 billion dollar budget, and we ought to be able to pave our roads and enable working families to put food on the table.
31:29
Okay, a bit of a hyperbole, but that's okay.
31:32
This is politics.
31:33
He wanted to say, I just reject the notion that the sky is going to fall if we provide temporary relief to working families who are being pushed to the brink by a war that they didn't vote for.
31:43
I'm sorry, they didn't ask for.
31:44
Oh, I understand now it's all Trump's fault.
31:48
Yeah, who's you wouldn't be surprised that the mayor may's a Democrat, right?
31:52
So it's all Trump's fault.
31:54
Um I admit, right?
31:56
The war does has had an impact on oil prices, which had led to increase uh gasoline prices.
32:02
I'm I see that the pumps where I live.
32:04
Um, you know, I I then again, I've also uh made some provision to help mitigate against those costs, but that's you know that's fodder for another day, which makes me wonder.
32:16
How many of the key of the candidates for governor of California are gonna offer a temporary solution, a temporary relief to working families uh during this uh Iran crisis?
32:31
Well, if the problem is the taxes, why only a temporary relief?
32:36
If the problem is California's high gas taxes, why only temporarily relieve the problem?
32:44
Because you say it's temporary, well, that means you're gonna go back and put the problem back in place as soon as what nobody's looking.
32:52
As soon as you're actually governor.
32:56
Again, this is these are the actions of the people that are asking to be hired to represent the people of California.
33:04
Um is this really the best we can do?
33:08
You look at these two at that Mahan or maybe uh Vilogorosa, the mayor of Los Angeles, who uh um is also running for governor.
33:17
And again, both have publicly called for cutting back regulations.
33:22
Probably to get elected, but will it continue after they're elected?
33:25
Because they're just saying which is just temporary, there's gonna be temporary relief.
33:29
This isn't a real problem.
33:30
We just need some temporary relief from all of this.
33:34
Um I'm sorry, what it shows is that California has a problem.
33:40
The uh gas spike, which by the way, yes, this one was caused by um Trump's attack on Iran.
33:47
Um, we saw a similar one when Russia invaded Ukraine.
33:52
So it's not solely the president's fault, but we have to look at it and say, hmm.
33:57
Maybe the problem in California isn't the gas regulations.
34:01
Maybe it's the idiots they put in office to represent them.
34:04
Maybe if the people of California.
34:07
One of two things.
34:08
Either the people of California should hire better people to represent them.
34:11
Or, well, you decided you voted for this.
34:15
This is what you asked for.
34:17
Deal with it.
34:18
I mean, really, you voted for people.
34:21
It's not like these dash tax appeared overnight.
34:24
You voted for these people to come in and represent you in government, and this is what they've put in place, and you've kept hiring them and they've kept doing more.
34:32
So this must be what the people of California want.
34:35
You want high gas prices, because that's what you voted for over and over and over again.
34:42
Now, could the system be better to open up to make it easier for candidates with other ideas to come forward?
34:48
Absolutely.
34:50
But then again, the people of California, they have a choice.
34:53
You may not realize it, but you don't have to vote only for the names on the ticket.
34:58
There's a write-in option.
35:00
You can write in somebody.
35:02
Meaning, if the the major political powers don't support the person you're you think would do the best job, write their name in.
35:10
But they'll never win.
35:12
Well, not if you then they may not win this time, but okay.
35:18
Are you going to vote for someone who's going to you know rip your pocketbook off because they're gonna win?
35:24
Is that really the only standard you have?
35:26
Is well, they're gonna win, so let me vote for them.
35:29
Well, that's kind of a foolish way to run a country, at least to my point of view.
35:33
Now, I couple I got a couple other things I want to look at, but again, I have another uh break coming up.
35:39
Before I go, you know, we've talked about government, we talk about them infringing on your rights.
35:44
Um what about other entities?
35:47
What about these organizations that are lobbying for these crazy laws and rules and regulations that are pushing for these things that are trying to destroy your rights?
35:57
Are you supporting them?
35:58
See, there are several corporations I won't do business with anymore because they support organizations that are attacking my rights.
36:06
I joined Patriot Mobile years ago.
36:08
Yes, partially because they were the only Christian conservative wireless provider, but that wasn't the main reason.
36:13
Not because of their 4G and 5G coverage, not even because their customer support is 100% U.S.
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36:19
I joined Patriot Mobile for one primary reason.
36:22
They share my values and they put their money where their mouth is.
36:25
I guess that's two reasons.
36:26
They share my values, put the money where their mouth is.
36:28
They take a portion of every dollar and support organizations protecting our rights.
36:34
First Liberty, Turning Point USA, Folds of Honor, Susan B.
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Anthony, and more.
36:38
Yes, now the Constitution study as well.
36:41
So do more.
36:42
Don't just vote at the ballot box, vote with your dollars.
36:46
It's not enough to simply stand around and hope you get the right thing.
36:50
Stand and support other like-minded companies and other organizations by using your cell phone to stand against those that are trying to turn this republic into some dystopian nightmare.
37:02
Go to PageReapMobile.com slash constitution, look for a plan that fits you.
37:06
Oh, yeah, check for discounts.
37:09
So everyone from veterans and first responders to families with multiple lines are eligible for discounts.
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37:23
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37:34
Find a plan and discount that works for you.
37:36
And don't forget, when you check out, use the code constitution to get your new line activated absolutely free.
37:43
I also hope you'll head over to America outloud.news.
37:46
Now I go there each and every day for news and information.
37:49
Uh sure, you may say, but Paul, you've got the radio program on your website, which is absolutely true.
37:54
But that's not why I go to America Outlaw.news.
37:56
We live in the information age.
37:58
We have the sum of human knowledge at our fingertips.
38:02
But where do we go?
38:04
Who do we trust?
38:05
Who can we verify?
38:06
See, for me, that's America out loud.news.
38:09
I go there each and every day because I can trust what I'm being told, but I still go out and verify to make sure that's true.
38:15
But I want you to join me and do a little bit more.
38:17
Do like I do.
38:18
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38:20
Take the stories in the articles.
38:22
Don't just read them, share them.
38:24
Take the podcast, the video, don't just listen and watch.
38:26
Share them.
38:27
Let other people know what's going on.
38:29
Expose other people to news that the mainstream media doesn't want them to know.
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By doing that, you're helping to secure the blessings of liberty for all of us.
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Welcome back, everyday Americans to rejoin the Constitution.
40:00
Studying today, well, we're looking at uh should we doing more than voting?
40:05
And uh interesting case coming out of Pennsylvania.
40:08
See, Pennsylvania passed a law that required on mail-in ballots that the voter handwrite the date on their ballot, right?
40:18
Because again, we have an election day.
40:20
The constitution requires that day to be uniform across all 50 states.
40:26
So that's been a controversy.
40:29
When is a mail-in ballot considered cast?
40:33
If you mail it by election day, does that mean it was cast on election day, making the dates uniform throughout?
40:40
But they're counted after, which gets into a whole interesting conundrum.
40:45
Uh, because again, when the constitution was written, the idea of mailing in a ballot was ludicrous.
40:51
It took weeks for for mail to get across the country.
40:54
So no, it made no sense.
40:56
Of course, now again, we got people that's like, I and again, I'm not saying there aren't scenarios where mail and ballot balloting is the right thing to do.
41:03
As I said, I've done it once in my life when I physically was going to be out of the uh out of the state uh on on election day when I'd have an opportunity to vote.
41:13
So uh Pennsylvania says, listen, all right, then just just write in the date.
41:18
All you gotta do is write in the date.
41:21
Well, an appellate court, uh federal appellate court uh decided that uh no, uh Pennsylvania must accept mail-in ballots even if they lack the proper date on the return envelope.
41:33
Now, what's the logic behind this?
41:35
Well, um the the the according to uh uh the the appellate decision, because the commonwealth's date requirement, an inadvertent typographical error or a flipped number or even a stray pen mark in the date field will remove the ballot contained within the return envelope from consideration, and the voter may never be the wiser now.
41:58
Okay, uh I agree we have a problem with uh uh the date range on mail in ballots, and I don't know of a really great solution, one that's gonna keep that that that's not going to make somebody unhappy.
42:15
For example, uh, does the ballot have to be mailed by election day, or must it arrive by election day?
42:24
Interesting conundrum, especially when you have states that require that votes be counted on election day.
42:32
Uh the if you mail it on election day and it doesn't arrive for several days after, well, then how do you count on election day?
42:39
Of course, people are obsessed with getting the results right now.
42:42
We're you know, we're we're the instant coffee in a microwave oven generation.
42:45
We want everything instantly and immediately, and we don't want to wait for anything.
42:48
So waiting for those ballots that were mailed on a certain date to arrive, well, that would just you know drive some people nuts.
42:56
Now, I don't think Pennsylvania solution is the right one either, because I can write any date I want.
43:03
It could be, you know, let's say we're November.
43:05
It could be December 15th, and I can write in that I cast this, you know, on election day in November.
43:11
I can write in anything I want.
43:13
We need something a bit more official.
43:16
So I'm okay personally, the compromise I can live with is it must be postmarked by election day.
43:24
That way we know the vote was cast by election day.
43:29
Um, and and that's my problem with the Pennsylvania is again, there's no officialness to it.
43:37
Someone can write in anything they want.
43:39
To me, it's not that a ballot will be thrown out.
43:43
It's you don't know that it was cast on that day just because someone said so.
43:48
You know, um the the the what what the only other thing I could think of is okay, you must have uh um mail-in ballots notarized.
43:58
Now I'm sure people would go apoplectic about the idea.
44:01
You have to go to a no, you might have to pay another republic.
44:03
That's a poll tax.
44:05
No, that's a fee for the convenience of mailing your ballot in rather than um you know doing it in person.
44:13
So a notary would be an official mark.
44:16
That, but I like I said, no one's gonna go for that.
44:18
So the only one I see that people will accept is is the postmark from the postal service, which is an agency of the federal government that makes an official stamp, an official date, and and that's what it works.
44:32
Not what came to my attention is my home state of Tennessee has joined 20 other states in asking the Supreme Court to pick up uh to look at this ruling, this decision, sorry, uh about Pennsylvania's mail-in law, because they think it's I'm assuming they think it's a good idea.
44:48
I don't know.
44:49
Uh, but again, we're talking about uh Pennsylvania.
44:54
This is a commonwealth issue, it's a state issue.
44:57
It's not a federal issue.
45:00
So I'm not unless they're talking about a uh an election that involves uh House and Senate, U.S.
45:07
House and Senate, I don't think the federal government has anything to say because there's nothing under the Constitution that that would cover this.
45:15
So again, we're back to the question of the Constitution requires a an election day that's uniform across the union, and um the only way I see doing that is by for mail-in ballots is by a postmark.
45:29
Umly thing I think that works, I think this Pennsylvania thing doesn't work, even though you know, again, 21 states want the the Supreme Court to look at this.
45:39
Now, I want to close out with an interesting discussion because it's one I have frequently.
45:43
It's a it's one of the things I know a lot of people don't like about my position.
45:47
See, there's this uh a law professor at Queen's University, gentlemen by the name of Bruce Party argues that federal judges, bureaucrats, and legislators must serve shorter terms to prevent the establishment of a protected ruling elite.
46:02
I wholeheartedly agree, right?
46:06
With that statement, I disagree with Mr.
46:10
Party about how we go about doing this.
46:14
Now, Mr.
46:15
Party is a Canadian, so he's talking about what's going on up in Canada, and they have different rules in Canada, right?
46:21
But it's something that we keep coming back to here in the United States as well.
46:24
And I agree, judges, bureaucrats, and legislators should serve shorter terms.
46:29
The problem is most people I hear say, well, the answer is term limits.
46:36
Term limits are not the answer.
46:38
Why?
46:39
Well, first of all, remember, term limits are only proposed by the people that lose.
46:45
You don't get your way, you want term limits.
46:48
In other words, the people calling for term limits are the people that want these and these offices to serve shorter terms, but they're not happening.
46:57
So they're the losers, that's why they want this.
47:01
Um we same thing we saw here in the United States, right?
47:03
When uh FDR was elected for his fourth term as president, the Republicans ran for how Congress seats that they would put in term limits because they couldn't get the people to vote for somebody else.
47:20
And that to me is really the problem with term limits.
47:23
We think of term limits as limiting how often a person can run for office.
47:27
What it really does is limit who you can vote for for office.
47:32
Now, as I said, I agree that uh people should serve shorter terms, which means, well, let's start with um with uh uh representatives, right?
47:43
Legislators.
47:44
If you think they should serve shorter terms, stop voting for them.
47:48
That's the answer.
47:50
We don't need to be told how long they should.
47:53
You may you decide for yourself.
47:55
This is enough.
47:56
Stop voting for them.
47:58
But Paul, who you do you expect me to vote for the other candidate?
48:02
If that's what you think.
48:04
Of course, we have this twisted process where we let the political parties limit the names on the ballot, but then again, you can always write in your own name.
48:13
If you think, you know, this person served long enough, but you don't like the the candidate for the other party, write in a name.
48:21
We need to take responsibility for our votes.
48:25
Now, when it comes to uh bureaucrats and and uh even federal judges, now I might be open for term limits.
48:34
Now let me understand.
48:36
Let's start with the judges, right?
48:37
Because judges are not elected, they're appointed.
48:41
And they were given an appointment during their good behavior for a reason.
48:47
They didn't want them going through a political process of being elected.
48:51
That was the idea is to make them non-political.
48:54
Uh it hasn't really worked.
48:56
But here's the thing.
48:58
The only reason I'd even consider term limits on judges is because our representatives in Congress are not doing their job.
49:05
You see, judges at the federal level do not serve lifetime appointments.
49:09
Look at Article 3.
49:10
They serve the judges of both the Supreme and Inferior Courts shall serve during their good behavior.
49:17
Problem is Congress almost never, I I can't remember the last time we heard Congress actually impeach a judge for their bad behavior.
49:26
So there's a problem, it's our representative, our employees are not doing their job.
49:31
So we must put our own restrictions on them.
49:34
And again, pass a constitutional amendment to limit the terms of federal judges.
49:39
And of course, that's gonna have to be it's gonna be kind of convoluted because if someone starts out at the district court and uh let's say they can serve 12 years, and at 11 years they get appointed to the circuit court.
49:53
Does that mean that clock starts again?
49:55
And now it's like, oh no, now you've got another 12 years, and then, oh, by the way, you're going to the Supreme Court.
50:00
Supreme Court.
50:00
You get another, right?
50:02
That would have to be worked out.
50:03
It's why it should be one, it needs to be a constitutional amendment.
50:06
And two, it needs to be something that's truly thought about and debated.
50:10
Bureaucrats are interesting because again, bureaucrats are simply employees.
50:16
And again, since, you know, we don't seem to have a problem with uh uh nobody regulating the bureaucrats that they're behaving properly.
50:24
Okay, maybe uh uh that's our problem.
50:27
But again, putting in, and again, this would not require a constitutional amendment, but it would require laws that say when we create these offices that uh someone can only uh work in that office for a certain amount of time.
50:42
Now again, this gets a little weird because you've got, well, um, uh, you know, no what other job do you serve for a permanent amount of time?
50:49
Which means we may have to limit it to the political appointed levels of the bureaucracy.
50:55
Meaning, uh, you know, when when you appoint a secretary or an undersecretary, anybody that gets appointed by the president would have a term limit.
51:07
Again, the higher offices tend to be fairly term limited because when a new president comes in, they tend to want to put their people in place.
51:14
But I wouldn't be so uh upset if they were to put in laws that say, well, this layer of bureaucrats can only serve a certain amount of time before they're they have to find work elsewhere.
51:28
Uh and that would not require a constitutional amendment.
51:30
But again, this is a quite something that comes up frequently in my debates and discussions.
51:36
I know a lot of quote unquote conservatives are really don't like my position because I remind people we get who we vote for.
51:45
Every elected office has a term limit if it's imposed by the people.
51:51
The problem is you have to convince other people to agree with you.
51:54
And we don't want to do that.
51:56
When we don't get our way, we want someone other, we want the bully of government to enforce our will on others.
52:03
Because you may say, well, you know, eight years is enough for a member of the house.
52:07
Someone else may say 12, someone may six.
52:09
Well, who's gonna whose will is going to be imposed?
52:13
It actually destroys the liberty of your right to vote for who you want to vote for to put a qualification like that on there.
52:21
You know, FDR won four elections because the people were happy with him.
52:26
Not because he did a good job.
52:28
He did a real evil job when it comes to the office of president, but he bribed people with lots of goodies, which means the reason he got elected four times is because well, people were paying off their bribe.
52:40
And uh it says a lot more about we the people than it does about FDR or our election process.
52:49
So I have to ask you do you do more than vote?
52:53
Do you show up every couple of years, cast a ballot, and walk away and think your job is done?
52:58
Or do you look at the people you vote for, whether they win or lose, whoever wins, whether you voted for them or not, they're your employees.
53:05
Do you give them regular job reviews?
53:08
Do you review their work?
53:10
Do you hold them accountable for their actions?
53:12
These are all things we need to consider.
53:16
These are the way this is the responsibility of being a citizen of a republic.
53:21
It's not just showing up and voting, it's holding your the people you hire accountable for their actions.
53:28
Whether that means whether or not you vote for them again, or whether you try to get them removed.
53:33
Those term limits become less of an issue if we the people are doing our job.
53:39
It also comes back to, you know, if states have uh are required by their constitution to only let uh U.S.
53:45
citizens vote.
53:47
Is the state enforcing that?
53:48
Again, New York City tried to get around that.
53:51
Uh that didn't work because the state courts wouldn't let them.
53:55
But what about others?
53:56
DC is doing it in violation of federal law.
53:59
No one's holding them accountable.
54:02
Who's holding them accountable?
54:03
Who's holding our people accountable?
54:05
See, we love to point the finger at somebody else, but telling you, more often than not, the real problem is not in Washington, D.C., it's not in our state houses.
54:16
It's in our mirrors.
54:18
And until we realize that and start changing how we decide who to vote for and how we deal with them in between elections, it's going to continue to be a problem for this great United States.
54:32
Now, again, we do a lot of work here at the Constitution Study.
54:35
I've got the radio program, I've got my website, constitutionstudy.com.
54:39
I do a weekly article, I do videos, I do news feeds, I got mailing, I got a lot of great content up there that is all free for you to use.
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I mean, I don't charge for any of that.
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I do have a store where you can buy things.
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You can buy my books, you can buy t-shirts, you can buy mugs and other Tis, and all that money goes to support the work that we do here at the Constitution Study.
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Nobody gets a salary here.
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No one's getting paid to do this.
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We pay for all of this, and your willingness to help is greatly appreciated.
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So go to constitutionstudy.com/slash shop and uh, like I said, pick up a book, uh, pick up a t-shirt, pick up a mug.
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Hey, go to the donations page and just donate to the cause.
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You can do a one-time or recurring donation, and all of that goes to help keep the constitution study up and running.
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I was talking to someone earlier to earlier this week about uh some of the work and content we create, and they love it.
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And uh, I'm hoping to convince them that it's worth supporting the work that we're doing here because again, it does take a lot of work, it takes a lot of my time.
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I thoroughly enjoy it, and I don't think I'd want to do anything else.
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But if you can help us put this on, that would be wonderful.
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Of course, I also hope you come back and join us here for the constitution study on America Out Loud Talk Radio, heard on the iHeartRadio Network every weekday at 4 p.m.
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Eastern time.
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Now you can listen on our media player on the website.
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We've also got apps for Apple, Android, and Alexa.
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And of course, you can listen via podcast.
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Now, it does take a day or two for the episode to go from broadcast to on talk radio to the podcast.
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But you get to listen in your favorite podcast at.
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Do me a favor though, subscribe to the show, rate the show, especially on Apple Podcast.
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It helps the algorithm show us to more people, which means they're more likely to click the link and join us here for the constitution study.
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Speaking of links, you can find all the links you need at the homepage at AmericaOut Loud.news.
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But please share those links, share this program, share all this great content and help share the blessings of liberty to everyone who calls this great nation home.