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State duty to the Constitution · Cultural Wars | America Out Loud News

• 0:11
  Helping to secure the blessings of liberty to ourselves and our posterity.
• 0:15
  This is the Constitution Study on the America Out Loud Network with your host, Paul Engel.
• 0:30
  I frequently talk about states' rights and state powers, but every officeholder in every state and local government takes an oath to support the Constitution of the United States.
• 0:41
  Today I want to consider the duty those states have to the Constitution of the United States.
• 0:48
  Hello there, everyday Americans, Pauling here with a constitution study where we read instead of the Constitution, teacherizing generation be free.
• 0:55
  I'm glad you joined me today.
• 0:57
  Again, we have to remember we have 50 states that have voluntarily joined a union.
• 1:04
  That union we call the United States.
• 1:07
  Part of that, they they give up some of their sovereign powers to this entity, but only some.
• 1:19
  Yes, laws of the United States made, but only those made pursuant to the Constitution.
• 1:24
  And yes, treaties are the Supreme Law of the Land, but only those made under the authority of the United States, which is defined by the Constitution of the United States.
• 1:31
  And in fact, it also says that every all the judges in every state are bound to the Constitution of the United States.
• 1:38
  So while I agree, the states have basically given up much of their power, they also still hold duties to the Constitution of the United States.
• 1:47
  And I want to look at some stories that uh we can point that out and uh talk about it.
• 1:54
  Let's start in in California or commie for any, as I like to call it, where um the attorney general, Rob Bonta has filed a lawsuit against a couple of companies and and and more than a hundred individuals for uh distributing computer code, basically for digital blueprints for 3D printing guns, or as they like to call them quote unquote ghost guns.
• 2:18
  They call them ghost guns.
• 2:20
  These are they they that's a real scary, it's like untraceable firearms manufactured without a valid serial number.
• 2:26
  Well, all right, let's start with the first of all, the the scary part, right?
• 2:30
  A ghost gun is basically a gun that the federal that that the state government doesn't know about, right?
• 2:35
  Um, they call them a valid serial number.
• 2:38
  So what?
• 2:38
  You know, what what other gun?
• 2:40
  What other product do you have that that has to be serialized?
• 2:43
  You know, this is the idea if you print something, if you manufacture something, well, um, it's yours.
• 2:51
  And the laws requiring serialization are limited to guns that are sold.
• 2:57
  So uh, you know, again, Camifornia, they're not real happy with guns, they're hoplophobic, they're terrified of guns.
• 3:03
  So they're going after this, as Mr.
• 3:05
  Bonta said, the the state was facing a public safety crisis because of these guns.
• 3:10
  And this is the evidence that he gives, right?
• 3:12
  So in 2015, they the the state recovered 26 ghost guns from suspected criminal activity.
• 3:20
  That was 2015.
• 3:22
  Now, between 2021 and 25, they list uh uh an average of 11,000 ghost guns and auto sears are recovered per year.
• 3:32
  Now you see the little slipperoo here.
• 3:35
  This is the magician's trick.
• 3:37
  How many you're talking about ghost guns?
• 3:39
  How many ghost guns were recovered?
• 3:41
  And of those auto seers, how many of them were 3D printed?
• 3:47
  I don't know because they don't say it's designed to inflate the numbers.
• 3:52
  Now, again, they go, okay, oh my God, people are printing guns, they're not serialized, we don't know about them.
• 3:58
  Um is that really where most uh uh criminals are getting their guns?
• 4:06
  How many other guns were collected by uh from criminals or suspected of criminal activity again, suspected of criminal activity?
• 4:17
  Uh these these numbers are scary.
• 4:19
  Now, again, I'm a gun guy, all right?
• 4:21
  I've been around guns my entire life.
• 4:24
  Um, and uh part of the problem is we don't follow the constitution because the constitution says nothing about you know the right to keep and bear arms except if they're really really scary, or if they're really, really dangerous.
• 4:36
  So in an auto seer, by the way, an auto sear is it's it's if you understand how a semi-automatic um firearm works, right?
• 4:43
  You pull the trigger, it fires the round, that action causes the gun to cycle so that a new round is ready to fire, but it doesn't automatically fire.
• 4:54
  You have to release the trigger and pull it again.
• 4:57
  An auto seer basically says, okay, we're going to modify the trigger so that it automatically trips, right?
• 5:04
  So it's a uh uh it that it's a fully automatic weapon.
• 5:08
  And of course, people are taught to be terrified of fully automatic weapons.
• 5:14
  All of all it is is something that can shoot multiple rounds with a single trigger pull.
• 5:19
  It is a bit faster than doing it by hand, and it does, you know, you you you you um if you practice, right?
• 5:29
  You can fire most guns almost as a semi-automatic almost as fast as an automatic.
• 5:35
  It does take a little bit of practice, but the other thing people forget is that automatic weapons are not overly accurate because the firearm, the recoil from the firearm, makes the gun move.
• 5:46
  And uh it actually takes a lot of practice and training to be able to accurately use a fully automatic firearm.
• 5:53
  But we come back to this basic question.
• 5:55
  Why is the state afraid of these firearms?
• 5:58
  Now, again, okay, so are they are some of them used in criminal activity?
• 6:04
  Yeah.
• 6:05
  Uh there's also a lot of other firearms that are used in criminal activity.
• 6:09
  And California already has some of those restrictive gun control laws.
• 6:14
  You know, you yeah, you can only buy handguns that the state has already approved, and you need a license and a FOIA card.
• 6:21
  They've already made it difficult.
• 6:22
  So that actually pushes people to making these that fall outside of those laws.
• 6:28
  So what California did they passed a law that specifically prohibited 3D printing firearms and firearm accessories unless you're licensed to manufacture firearms.
• 6:40
  And this was back in, I think 2023.
• 6:43
  Um, but they also just uh prohibited the distributed this distribution of the code, the blueprints for printing them.
• 6:52
  And that's where the problem comes in, because that, ladies and gentlemen, violates Article 1, Section 2 of the Constitution of California, which reads every person may freely speak, write and publish his or her sentiments on all subjects being responsible for the abuse of his right.
• 7:09
  A law may not restrain or abridge liberty of speech or press, but this law restricts the liberty of press.
• 7:17
  You're saying I can't publish information that may end up in California because this lawsuit targets uh let's see, a Florida-based uh company called the Gatalog Foundation, um, and uh uh other companies outside of California.
• 7:37
  So what power does California have to regulate a company from another state?
• 7:43
  Now, can they pass laws within their state that uh deals with the manufacturing of these?
• 7:49
  Possibly, but now they're they're not going after the people who are printing these within the state.
• 7:55
  They're going after the people that publish information, even though they're from out of state.
• 8:01
  I mean, what's what's next?
• 8:02
  Are they gonna start prohibiting the publishing of data to the 3D print um car parts or I don't know, washing machine parts, disrusher sauce?
• 8:12
  No, that again, California's already hoplophobic.
• 8:14
  They are after the guns, and every time they try to restrict them, people find a way around them, so they they go after those as well.
• 8:23
  And again, it's not just California, right?
• 8:26
  Colorado is gotten into this.
• 8:29
  They uh have a bill, Senate Bill 26043, uh, which would uh require the purchase of a gun barrel from a licensed dealer as if the barrel itself were the gun.
• 8:44
  Now, again again, so this gets really for those of you who don't know, barrels in firearms wear out.
• 8:51
  If you use them frequently, they wear out the the lands and grooves wear out, they become less accurate, and they are replaced.
• 8:58
  Um again, not you know, you have to use them a lot to really become a problem, but there are people that do this.
• 9:05
  So you can buy barrels and barrels, by the way, they're not serialized because under, well, at least under federal law, a barrel is not a firearm.
• 9:15
  So they said, well, uh again, they they the law says it is unlawful for a person to sell or transfer a firearm barrel unless the person selling or transferring the firearm barrel is a federally licensed firearm dealer and the sale or transfer occurs in person.
• 9:30
  So now they're going after gun barrels.
• 9:34
  Does that really work?
• 9:35
  Like I said, most barrels for most people will last a lifetime.
• 9:39
  I have firearms that my father purchased as a as a young man.
• 9:45
  I have I have the firearm that my father taught me to shoot on that he was taught to shoot on by his father, and it still works, and we've never changed the barrel.
• 9:54
  So this seems to me a lot of do about nothing because again, uh
• 10:00
  You're talking about the barrel of a gun.
• 10:03
  It doesn't make it shoot faster.
• 10:05
  Okay, it could make it shoot a little more accurately, but we're talking minuscule amounts, depending on the skill of the uh the other operator.
• 10:14
  Now, a similar piece of legislation is being considered in California.
• 10:18
  Actually, it was signed last year in California, and they were again back to uh ghost guns.
• 10:25
  They they say it'll help per curb the proliferation of ghost guns.
• 10:29
  Because most ghost guns, a you know, the plastic you use can't handle the heat and pressure of a firearm, so they like to use metal barrels.
• 10:40
  But again, this is like uh really you really think this is gonna make have any impact?
• 10:47
  I think history kind of shows that uh yeah, you're not.
• 10:51
  It's not.
• 10:52
  But again, it states saying we the second amendment, we're gonna find ways to infringe on a person's right to keep and bear arms by regulating them to for things that we don't like.
• 11:02
  And since we're talking about guns, I want to do one other thing that I is interesting because uh the Fifth Circuit Court of Appeals made a decision on the lifetime gun bans for nonviolent felons.
• 11:14
  Now, you may not know that federal law, as well as most state laws, I believe.
• 11:18
  If you are convicted of a felony, you're not allowed to uh own or possess a firearm.
• 11:25
  The problem is, well, not all felonies involve violence.
• 11:31
  There's felony tax fraud, there's felony embezzlement, you know, it doesn't involve violence, and the Fifth Circuit basically said, listen, a lifetime ban for a nonviolent violent felon is unconstitutional.
• 11:44
  It is it is cruel and unusual punishment to deny someone a right for a crime that is not violent.
• 11:52
  The right to keep and bear arms for for because uh of a nonviolent felony.
• 11:57
  Now, this, by the way, is in conflict with other uh decisions by other circuits, which means there's a decent chance that this will be sent to the Supreme Court.
• 12:09
  Now, will the Supreme Court accept it?
• 12:11
  I I don't, I don't know.
• 12:13
  And if they accept it, how will they decide?
• 12:15
  Because to me, it's it's an interesting question, not just for the second amendment, not just for your right to keep and bear arms, but your voting rights.
• 12:23
  The the two rights that are routinely denied people who are convicted of a felony, it's the right to keep bear arms and the right to vote.
• 12:30
  And the question then becomes, and again, there's a distinction, right?
• 12:34
  Because the the idea of we don't want felons with with firearms is we think about violent felons, right?
• 12:41
  Uh rape, uh, assault, murder, you know.
• 12:43
  Okay, we don't want them to have guns.
• 12:45
  But like I said, what about the nonviolent felonies?
• 12:48
  And you you think about it.
• 12:50
  I forget where the report was.
• 12:51
  It said uh the average American commits three federal felonies a day.
• 12:55
  Do you want to lose your rights because of some you know stupid little federal rule or regulation that you violate and someone catches you on it?
• 13:02
  And it's not violent, it's often it's just a paperwork error.
• 13:06
  I I'm curious where whether or not the the Supreme Court will accept this, and if so, because again, because there's a split between the circuits that's more likely.
• 13:17
  How will they look at this?
• 13:19
  And I it'd be very interesting.
• 13:21
  So we'll have to we'll have to wait and see.
• 13:24
  But as we're looking at states like uh California and Colorado that are truly uh anti-gun owner and anti-private gun ownership.
• 13:32
  They have no problems with the police having guns.
• 13:34
  They just don't want the the average everyday citizen.
• 13:36
  They don't have problem with government actors having guns, they just don't want the citizens that's supposed to serve to have guns to defend themselves.
• 13:44
  And uh, you know, sometimes they need to defend themselves against the very law enforcement officers.
• 13:49
  Just look at the reports of of um law enforcement illegally entering households, right?
• 13:54
  Maybe they got the wrong address, or they just think they have the right to come in, even you know, without a warrant or or any real uh uh probable cause.
• 14:03
  We need to be able to defend ourselves.
• 14:05
  But I'd also love to see what someone would say when it comes to the right to vote.
• 14:08
  And uh should it be default that a the punishment for a felony by default is to lose your right to vote.
• 14:17
  To me, these are interesting things.
• 14:18
  It's the type of things that that that I think about from time to time, and I'm kind of curious to see.
• 14:23
  I'm curious what you think about it, as well as um, you know, what we're gonna see from the states and from the courts.
• 14:30
  Now, as I mentioned, I have a break coming up.
• 14:33
  Before I get to that, you know, I I'm trying to leave a healthier life.
• 14:36
  So for some reason, my wife wants to keep me around for a while.
• 14:39
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  Studies show that as much as 85% of the nutrients our body needs that we used to get from our food, doesn't come from our food anymore.
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  It's been farmed out of the soil.
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  So what do you do?
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• 16:34
  And listen, if you have questions about the stuff that we're doing here at the Constitution Study, or just something you'd like to hear an answer to.
• 16:41
  Well, I love answering questions.
• 16:43
  Go to Constitution Study.com/slash questions and ask.
• 16:47
  I do ask for your name and email address because I'm going to email you a response.
• 16:51
  Now, you can also have me respond on the radio.
• 16:53
  There's a checkbox that says answer on America at Loud Talk Radio.
• 16:57
  But I need the emails because I'm going to send you a direct answer.
• 17:00
  Now, I do my best to answer all of them.
• 17:01
  I've not found a question yet.
• 17:03
  I can't answer.
• 17:04
  Although sometimes people get a little, well, we'll call it testing how they ask their questions.
• 17:09
  But questions are important.
• 17:10
  Questions are how we learn.
• 17:12
  It opens ourselves up into to thoughts and ideas.
• 17:15
  So they're helpful to me as they are helpful to you.
• 17:17
  So again, go to Constitution Study.com/slash questions to ask a question.
• 17:22
  And again, if you want me to answer it here on the radio, just click that checkbox and let's uh let's spend 2026 not just learning but doing by asking questions and learning more.
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  Welcome back, everyday American to read join the Constitution today.
• 20:22
  To the Constitution.
• 20:23
  And uh I want to switch uh gears.
• 20:25
  We're talking a lot about firearms.
• 20:26
  We're gonna talk switch gears a little bit.
• 20:28
  It's a story I first heard on a call I was on the other day, but I've got a little more information, which to me is very important.
• 20:35
  I was told on a call we were talking, and someone said that Illinois, the Governor Pritzker had uh gotten Illinois to join the the World Health Organization, the WHO.
• 20:46
  Now, I know that, well, guess what?
• 20:49
  The states don't have that legal authority.
• 20:51
  There's a constitutional provision in Article 1, Section 10, Clause 3 that says no state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power or engage in war unless actually invaded or in such imminent dangers will not admit of delay.
• 21:14
  So states cannot enter into agreements or compacts either with other states or with a uh uh a foreign power without the consent of Congress.
• 21:26
  So when somebody told me this, my first thought was wait a second, time out.
• 21:30
  Um that's not legal, they can't do that, right?
• 21:32
  Because the Constitution's Supreme Law of the Land.
• 21:34
  They need the approval of Congress.
• 21:36
  But I did a little more research, and what I found is well, okay, the Pritzker didn't announce that the state was of an Illinois was joining the WHO, but they were joining their global outbreak alert and response system.
• 21:50
  Uh, this is a an international network designed to monitor and respond to global disease outbreaks.
• 21:58
  So I started thinking about this a little bit more, and I said, well, wait a second.
• 22:01
  Is joining this is joining this organization, and and I I'm not really sure what type of what they mean by by joining uh uh this this uh outwork that this alert and response network.
• 22:15
  Is it a compact?
• 22:16
  Is it an agreement, or is it just like an app they decide?
• 22:19
  They I don't know.
• 22:21
  Now, what's interesting here is there's some logic behind this that I want us to recognize.
• 22:25
  Governor Pritzker said that quote, by withdrawing from the World Health Organization, Donald Trump has undermined science and weakened our nation's ability to deck detect and respond to global health threats.
• 22:36
  Well, all right, time uh that's your opinion, Mr.
• 22:39
  Pritzker, but there's a reason why the Constitution doesn't allow you as a state to join international compacts and agreements, because foreign affairs is not your bailiwick, it's not the state's bailiwick anymore.
• 22:54
  They gave that up when they joined the union.
• 22:56
  Besides, you say that the Trump undermined science, but when we look at the output of the WHO during the the COVID scare, they were the ones that were ignoring science, not uh the Donald Trump.
• 23:09
  They ignored the science that the fact that the the so-called MRNA vaccines were not properly tasted for safety, they were never tested for efficacy.
• 23:18
  The statements about uh stopping transmission were bald face lies, the masking requirements was a lie, the social distancing was a lie.
• 23:25
  They weren't following science, they were following politics.
• 23:29
  So he says, Well, listen, you know, he said I no government said I refuse to sit idly by and let that happen.
• 23:35
  Well, there's nothing you can do about it.
• 23:37
  Now, if you want to be smart, if you want to say, hey, we want to get alerts from this entity, okay.
• 23:42
  I think you could probably get away with that.
• 23:45
  The question is, what type of agreement are you making?
• 23:48
  Because this response network, all right.
• 23:52
  Uh it includes again public health institutions, national governments, academic centers, laboratories, and you know, again, I'm kind of curious.
• 24:02
  Have you joined some sort of agreement?
• 24:04
  Is it uh are you providing information?
• 24:06
  Are you simply listening for alerts?
• 24:07
  You know, it's like it's like on your phone.
• 24:09
  Do you sign up for alerts for certain news organizations?
• 24:12
  Or are you actually participating by contributing something?
• 24:15
  And again, there's a reason why states are not allowed to do this.
• 24:20
  This is a power they delegated to the United States, because again, what we see is an individual state um playing politics with health, right?
• 24:31
  Because again, the World Health Organization, they've done they they've made plenty of mistakes.
• 24:37
  And it's one thing to say, uh, you know, we're going to uh uh all right, yeah, you make a mistake.
• 24:43
  This WHO has also tried to violate United States sovereignty by claiming that uh we're they're gonna set the rule for a pandemic and the quote unquote member state, the member countries will have to follow those rules.
• 24:58
  That's a large part, I believe, why Donald Trump let decided to withdraw from the WHO their attempt to control the United States health system, uh healthcare system.
• 25:08
  And uh state of Illinois said, no, we we we want to do that anyway.
• 25:11
  We want a foreign entity to, well, if it's just inform you, that's not a big deal.
• 25:18
  That doesn't sound like what's going on.
• 25:20
  So again, I still have questions, but we have to recognize that a state cannot uh uh join an international organization because they don't like the actions of the president.
• 25:32
  Now, let's take a look here at something going on in Tennessee because a the uh general assembly has is looking at a new bill, House Bill 1971, um, which actually wants to undo something that they did uh uh several years ago.
• 25:48
  See, if you go back to the 11th amendment, the the again, the one passed uh 1795, a few years after the signing the ratification of the constitution.
• 25:59
  And one of the problems in the constitution the states didn't like was that the judicial power of the United States kind of took away uh allowed a citizen of one state to sue a state, another state uh in federal court.
• 26:15
  So they passed the 11th Amendment, which reads the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state or by citizens or subjects of any foreign state.
• 26:30
  Meaning, if uh I live here in Tennessee and I want to sue the state of Kentucky, right?
• 26:37
  As a citizen of Tennessee, I cannot sue the state of Kentucky in federal court, right?
• 26:42
  If I want to sue the state of Kentucky, I gotta sue the state of Kentucky and Kentucky court.
• 26:47
  Similarly, if uh say someone from uh um Spain wants to sue the state of Tennessee, they can't do it in federal court because of the 11th Amendment, which brings you back to this bill in Tennessee.
• 27:02
  See, uh apparently back in 2018, the General Assembly passed legislation that would allow lawsuits against the states um from people uh from citizens outside the state.
• 27:17
  Now, apparently it's one of those things where you know, if you don't word things properly, the things get twisted.
• 27:25
  Because in 2022, there was a court decision that determined that the Tennessee Bureau of Investigation could be sued.
• 27:32
  They were not shielded from legislation from litigation, I'm sorry, because of their sovereign immunity.
• 27:37
  They no longer had sovereign immunity.
• 27:40
  So the General Assembly's new legislation wants to declare that the General Assembly never intended to waive Tennessee's sovereign immunity and wants to replace that language with provisions that allow lawsuits against cities, towns, metropolitan governments, counties, public utilities, other things.
• 27:58
  In other words, these these sub-entities of the state, but not the state or its agencies directly.
• 28:04
  Um again, um I'm a little confused about this, because you know, as a citizen of Tennessee, why do I not have the right to sue the state of Tennessee if they've done something wrong?
• 28:17
  Because this idea of sovereign immunity, and it's a misuse of the term sovereign immunity.
• 28:22
  Sovereign immunity says the sovereign can do no wrong, therefore they're immune from litigation.
• 28:29
  There's a problem though.
• 28:30
  In the United States, the state is not sovereign, the people are sovereign.
• 28:36
  We created the state of Tennessee, therefore, we're the sovereign, not the state itself.
• 28:41
  Now, I understand they kind of open the door a little bit more than they want to, and they're trying to close it, but I find it very um, I don't want to find it disturbing, but not really surprising that we're gonna sit here and say, guess what?
• 28:54
  We um we don't have to be held accountable for our bad actions.
• 28:59
  And uh that that's by the way, I often see this referred to um uh with you know the federal government, you can't sue the federal government because of of um you know sovereign immunity.
• 29:11
  Uh sorry, there's a problem, and that is the first amendment says the Congress cannot make a law that uh abridges your right to petition for a redress of grievance.
• 29:20
  So the issues, and and but this this caught my attention because again, what is the state's duty to the federal constitution?
• 29:30
  If the state violates the federal constitution, can't I consume in federal court?
• 29:34
  You're telling me that the state does something that violates their constitution, I can't sue them in state court.
• 29:39
  Kind of an issue for me.
• 29:41
  And speaking of courts, I got to talk about this this brouhaha over Justice Jackson of the Supreme Court.
• 29:49
  Now, she attended the recent Grammy Awards, and uh why?
• 29:53
  Well, she was actually nominated for category best audio book narration and storytelling recording.
• 30:00
  This is for the memoirs that she did called Lovely One.
• 30:03
  Okay, fine.
• 30:04
  I really don't pay attention to Grammys.
• 30:06
  I couldn't care less what the Grammys say, but she was nominated, so she was there.
• 30:11
  Um, of course, during that particular award ceremony, uh, several of the recipients of awards, um, well, they politicized the process.
• 30:21
  Uh, you know, Billy English, Bad Bunny, and others that during their acceptance uh speeches literally took aim at uh ice.
• 30:30
  They turned it into a political platform.
• 30:32
  I'm reminded of uh uh what was line from Ricky Gervaise uh when he was hosting the Golden Globes.
• 30:40
  If you do win an award tonight, don't use it as a platform to make a political speech, right?
• 30:44
  You're in no position to lecture the public about anything.
• 30:47
  You know nothing about the real world.
• 30:49
  Most of you spent less time in school than Greta Thunberg.
• 30:52
  So if you win, right, come up, accept your little awards, thank your agent, and f off.
• 30:58
  Okay.
• 30:58
  So I mean, I I agree.
• 31:00
  It's like why should we listen to people who, all right, you play music well.
• 31:05
  Big fat hairy deal.
• 31:06
  Why does that make you an expert in anything and why should we listen?
• 31:10
  But I got this.
• 31:11
  This kind of got on my crowd.
• 31:12
  Now, listen, I'm no fan of Justice Jackson.
• 31:17
  She is the poster child for an infirmative action higher.
• 31:20
  Uh, but I find this interesting because um what happened shortly afterwards was uh uh Marcia Blackburn, Senator from Tennessee sent a letter to Supreme Court Chief Justice Johnson uh Roberts that uh they should be investigate her for attending the event.
• 31:40
  Now again, she didn't say anything political.
• 31:43
  I don't know if she said anything at all, because I don't watch the Grammys, I couldn't care less.
• 31:48
  But you attend an event and then somebody up there does something that agree with it or not, simply attending an event where something happened that you was outside of your control is suddenly now reasons to be investigated.
• 32:00
  That's why I'm no fan of Ms.
• 32:01
  Blackburn either.
• 32:03
  Now again, I I love this line by a Mark Pullham, uh, he's a retired attorney and and a blogger who said that uh Ms.
• 32:13
  Black Miss John Jackson said she had to have known that the Grammy Awards would be a giant anti-Trump political rally.
• 32:20
  She was participating at a at what amounts to a partisan political rally, and of course, the propaganda press adored what she was doing, and she received all the flattering attention, which if she wants, these people are narcissists at heart, they want attention.
• 32:33
  Now, he also pointed out that that uh the Supreme Court Code of Conduct uh requires that the justices act uh uh uh uh at all times in a manner that promotes public confidence in the integrity and partiality of the judiciary.
• 32:50
  How is she supposed to know that two artists who won awards were gonna turn their part of this program into a political statement?
• 33:00
  Uh show me, you know, you're you're an attorney, right?
• 33:03
  Where's your problem cause to believe this happened?
• 33:05
  Is it likely to happen?
• 33:06
  Is it possible to happen?
• 33:08
  Guess what?
• 33:09
  The justices generally attend the um uh the State of the Union address, which is pretty much by definition a political, a partisan political rally.
• 33:20
  Right?
• 33:20
  The whoever is the president represents their political party, they promote things of their political party, and they attend.
• 33:28
  And you know what?
• 33:28
  For the most part, the justices sit down, shut up, and don't respond.
• 33:33
  Did Miss Jackson respond to these things?
• 33:36
  Not that I've seen, maybe I'm wrong.
• 33:38
  But what I do see is a a couple of political partisan hacks looking at any opportunity to go after a justice.
• 33:47
  And again, you want to go after Justice Jackson, just look at her record.
• 33:52
  Just look at her oral arguments or her or the opinions and dissents that she's written.
• 33:57
  There's plenty there to show she's not qualified for the office.
• 34:01
  There's plenty there to show bad behavior.
• 34:04
  No, no, no, you have to make up this nonsense about, well, she attended the Grammys and and they said things that were anti-Trump and anti-ICE, and therefore uh, you know, they need to be to be uh gotten rid of.
• 34:15
  It's ridiculous.
• 34:16
  It's insane.
• 34:17
  It's one of the reasons why when it comes to political parties, a pox on both their houses.
• 34:22
  Because you've got Republicans doing exactly what the complain the Democrats do, and that is character assassination without any actual facts and evidence.
• 34:30
  Like I said, you want facts if she's not qualified.
• 34:33
  Read my articles.
• 34:34
  How many times have I reviewed as a Supreme Court decision or oral arguments and going, this lady is too stupid to be on the on the deck?
• 34:41
  This lady could not answer the simple question.
• 34:44
  What is a woman when she was being vetted for the office when the support the Senate was was uh uh hearing, she was at hearings to determine if she'd be qualified for office, and they still voted for her.
• 34:56
  So, yeah, I don't need, oh, she attended a a Grammy Award, and somebody said something political off with her head.
• 35:05
  No, that's stupid and that's ridiculous, and that's kind of the craziness that uh so much of our courts have turned into nowadays.
• 35:12
  And not just courts, but court watchers.
• 35:15
  Okay, listen, I have another break coming up before I go.
• 35:18
  You know, we talk about the courts, we talk about government, but let's face it, there are a lot of companies, there are a lot of organizations that are supporting uh entities that are out to get our rights.
• 35:30
  I ask, I see a lot of questions about who's funding these anti-ICE riots and whatnot.
• 35:35
  So our rights and liberties are under attack, not just by government, but by those who are run organizations trying to promote these things.
• 35:45
  So, how about we stop funding the people that are attacking our right to live free?
• 35:49
  Let's join the only Christian conservative wildlife provider this nation has, Patriot Mobile.
• 35:55
  Now, I joined them years ago, not because of their forging 5G coverage, which is great, by the way, and not because of their 100% US-based customer support, but because they take a portion of every dollar to support organizations that are defending your rights, your liberties, and your freedoms.
• 36:11
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• 36:18
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• 36:24
  Go to PadreMobile.com says constitution, find a plan that works for you, see if you're eligible for a discount.
• 36:30
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• 36:35
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• 36:40
  That means every time you pay your cell phone, you'll be helping to support organizations like the Constitution study that are helping to defend your rights.
• 36:47
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• 36:52
  Don't forget, use that promo code Constitution, and you get your line activated absolutely free.
• 36:58
  Another thing we can do, and that is recognize the news.
• 37:01
  Where's the news coming from?
• 37:02
  Corporate media's been lying to us for decades, and they're being found out.
• 37:07
  So where do we go?
• 37:08
  We live in the information age.
• 37:10
  Where do we find information?
• 37:11
  It's everywhere.
• 37:12
  But we need places that we can both trust and verify.
• 37:16
  For me, that's AmericaOut Loud.news.
• 37:18
  I go there each and every day for news and information.
• 37:21
  I think you should too.
• 37:22
  You'd be surprised how often you can bring up a topic you read on on AmericaOut Loud.news, and people say, I never heard that.
• 37:29
  I never knew that was going on.
• 37:31
  That's why it's so important that you share, you do your part, you share the stories, the articles, the podcast, the video, you share all of this content.
• 37:39
  It's the sharing of the content and letting other people know what they may not have already learned that helps secure the blessings of liberty for all of us.
• 37:51
  You wouldn't go a day without brushing your teeth or washing your hands.
• 37:55
  What about washing your nose?
• 37:57
  I mean, your nose does filter the air you breathe, air loaded with bacteria, viruses, and irritants.
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• 38:19
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• 38:21
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• 38:24
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• 39:16
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• 39:23
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• 39:34
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• 39:44
  Is that place to awaken your heart, soul, and mind to the outloud truth?
• 39:57
  Welcome back, every day, American Jim Rejoin the Constitution.
• 40:00
  Study today, we can talk a lot about states and their due to the constitution, but we forget that there's a you know the federal government, they have a duty in the constitution that includes federal judges, which, contrary to popular belief, do not hold lifetime appointments.
• 40:15
  No, no, no.
• 40:15
  Read Article 3, Section 1 Clause 1.
• 40:18
  The judges of the both the Supreme and Inferior Courts serve during good behavior.
• 40:24
  We have to ask her about ask, is the behavior they're conducting?
• 40:27
  Is it good?
• 40:29
  For example, a district judge, uh an Indira Talawani, uh ordered the IRS to stop sharing, stop sharing home address information with immigrations and customs enforcement.
• 40:43
  Uh, she claims that this uh agreement between the IRS and ICE uh violates taxpayers' privacy rights as protected under the tax reform act of 1976, uh specifically under Title 26, Section 6103 uh of the United States Code.
• 41:02
  And I did a quick search, and that does appear to be the case.
• 41:06
  Um, under the general rule says returns or return information shall be confidential and except as authorized by this title.
• 41:13
  No officer employee of the United States, no officer employee of any state, any local law enforcement agency receiving information and uh uh that has access shall disclose any return or return information obtained by him in any manner in connection with his service.
• 41:29
  Um the the judge may have a point, right?
• 41:34
  It does appear that federal law um does mean that that your tax is confidential.
• 41:42
  So I I guess my first reaction was this seemed to be a political move.
• 41:48
  And I'm not saying there's not politics behind it, but that does it seem by the letter of the law, the only time it appears that the IRS can provide tax return information is if the persons involved or accused to be involved in a some sort of terrorist activity or a terrorist investigation.
• 42:08
  Now my question is is a person's home address part of their tax return, or is it some other database they're gathering it from?
• 42:16
  I you know, I'm not I I really don't want to get into details.
• 42:18
  I don't think that's what's important.
• 42:20
  What I do want to look at is, you know, again, I know a lot of people that were pushing this.
• 42:25
  They, of course, the when I when I read the article, it was interesting because the judge is identified as as being appointed by President Obama.
• 42:33
  Now that really shouldn't matter, but we know it does because that's the way people act, and it seems to be a a um uh a some sort of of um you know political arm to this, always seems to be a political arm.
• 42:48
  And of course, this is a district judge, and I'm kind of curious if this ends up at the circuit or even the Supreme Court, what they will say about this.
• 42:54
  But I have to say, based on my initial reading and and some light research, at least the judge seems to have made a point here that the law says this is confidential.
• 43:06
  Now, I want to compare that with another judge, another circuit or uh district court judge, um who has uh uh ordered that uh the deportation of three families of uh affected by what's what they refer to as the the family Trump's family separation policy uh was was unlawful and they need to be returned.
• 43:29
  Now, if memory serves, there was no policy named the family separation policy.
• 43:34
  The point is if someone is convicted of a crime, they go to jail, and you don't put the kids in the jail with the with the purchase.
• 43:41
  If the person is arrested for a crime, they go to jail, and you don't put children in jail because of their parents.
• 43:49
  So uh again, this one smells a little more political, even though this judge was appointed by uh President uh George W.
• 43:59
  Bush.
• 44:00
  Um it does seem though that she's not responding to the the direct to to a settlement agreement um about those uh um those deportations that uh there was some uh legal agreement entered into by the first Trump administration, uh, and um that's why she said that was illegal because there was a settlement agreement.
• 44:24
  Again, you know, it's one of those things at first sounds like really, really bad, but when we get into the details, I'm like maybe there's actually a legal basis for this.
• 44:33
  And I bring this up because again, we've had a lot of issues with district judges kind of uh playing fast and loose with the law and causing a lot of issues.
• 44:42
  Now, here's the interesting thing, because the I I guess I see a lot of questions asking, you know, why are there so many people fighting so hard to prevent us from enforcing immigration law from from tracking down uh detaining, deporting people who broke the law to enter this country?
• 45:02
  Um, you know, why?
• 45:03
  You know, it's big enough that again on the Grammys, people were complaining about it.
• 45:06
  Why?
• 45:07
  And there's an interesting point, and that's a uh an article I saw that um well made an interesting point.
• 45:15
  See, the there was a question uh during the first Trump administration about the census.
• 45:21
  Now, under the 14th Amendment section two, we read uh uh representative shall be a portion among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.
• 45:33
  Now, that's a very important statement here because it doesn't say counting the number of citizens, the whole number of persons in each state, which kind of was the point that was that was brought up in a in a recent article under the federalist, because that question of do we count citizens or do we count persons, regardless of whether they're here legally or not, has an impact on the census.
• 46:00
  Now, during Trump's first administration, he sought to exclude illegal aliens from the census, uh uh um and uh of course, then the Biden administration said, no, no, we're gonna count everybody whether they're here legally or not.
• 46:14
  Well, Trump's now in his second administration, and um he posted on Truth Central Social that people who are in our country illegally will not be counted in the census.
• 46:24
  And that's an interesting question, which I believe probably is not going to be resolved until the Supreme Court actually hears a case about this.
• 46:32
  But to me, it's interesting.
• 46:33
  So uh I again we're looking at the language of the law.
• 46:37
  They want to count the whole number of persons in each state.
• 46:40
  The question is, if you are not legally here, are you technically one of the persons in each state?
• 46:48
  Why is this important?
• 46:50
  Because it literally changes the structure of our government.
• 46:57
  Now, the the federalist pointing out was that if at some point the Supreme Court takes a case and says, listen, if you're not here, you have to be legally here to participate in the census.
• 47:10
  If you're not here legally, not a question of citizen or not, but if you're not here legally, you've broken the law.
• 47:16
  Um, do we need, you know, we should we be counting you?
• 47:20
  And uh if that's the case, as the Federalist points out, well, that is a tremendous uh negative impact on the Democratic Party.
• 47:30
  They because a lot of these illegal immigrants congregate in areas that are run by Democrats, large cities, uh, very you know, states with a lot of progressive uh ideas, Minnesota, California, New York, where you know they invite people in, think sanctuary cities, sanctuary states, may those have a uh a disproportionately democratic set of representation.
• 47:58
  Now, if they're no longer counted in the Senate, Senate in the census, think of the impact.
• 48:03
  First of all, well, you've got representatives.
• 48:06
  That means the distribution of this, the number of the House of Representatives could drastically change if now people who are here illegally are not counted in the census.
• 48:17
  That would take some of the representation away from these democratically led enclaves and move some of that into more republican uh held is the is the logical theory.
• 48:29
  But of course, it doesn't just impact the House of Representatives, it also they use it for apportionment of um uh tax uh taxation, uh they use it for disport of the a lot of these illegal government programs, a lot of the funding is based on that, but probably most importantly, the the presidential electors, the people that actually vote for president are determined by the number of people in the House and Senate that a state has.
• 48:58
  Meaning if if these um if these census changes the number of representatives from blue states to red states, well, that means there'll be now there'll be more presidential electors from those red states, they would have more of an impact.
• 49:13
  And there's a long-term uh question.
• 49:15
  You know, will that change the look not only of the House, but of the presidency?
• 49:21
  And while all that to me is it's it's it's important, it's all again, party politics, which I generally despise.
• 49:28
  But here's the immediate question.
• 49:31
  The the because it says that we are gonna count the people in a state that are in a state, the number of persons in each state, excluding Indians not taxed, right?
• 49:42
  Because they're not.
• 49:44
  Does that mean if you break the law, do you get the benefit of being counted?
• 49:48
  And that to me is an interesting question because if you look at the language of the of the 14th amendment, it's not entirely clear.
• 49:57
  There's a there's a uh uh look at this.
• 50:00
  And say, well, it says persons.
• 50:01
  It doesn't say anything about them being here legally, it just says persons.
• 50:05
  But then again, if someone is here temporarily, let's say, you know, it's census time, and uh um, you know, you and your family, uh, you're you know, you're from a foreign country, you're here on vacation, uh, maybe you're here for a period of time for work.
• 50:21
  Uh, at what point do you get counted in the census?
• 50:25
  You know, if if um uh uh if if a million people come here for work for a year that happens to be a census year, do they get counted or not?
• 50:37
  To me, it's an interesting question.
• 50:39
  It's something I I think um I'm I would hope that the court would take time to think about, and it's something I think we should take time to think about.
• 50:46
  The answer, the idea that only citizens get counted off the table, right?
• 50:50
  We count persons, not citizens.
• 50:53
  The question is, okay, um in each state when are they here legally?
• 51:01
  Are they here temporarily?
• 51:03
  And to me, that that's an important question, some things that we we should consider and discuss and debate.
• 51:10
  And um, well, if we do it right, maybe it's some we can have the law understand whether or not we're talking about people who are legally or not, people who are here temporarily or permanently, uh, you know, permanent resident, yeah, I would you we count them.
• 51:25
  But again, what if someone's visiting and it happens to be census time?
• 51:29
  Do they get counted?
• 51:31
  Again, it it's the duties of of the states to the constitution to follow this.
• 51:38
  And yes, the census is run by the federal government, but the states are the ones that are looking to gain power in both the House and the choosing of the presidency, and that includes the money that comes from federal government in many cases by padding their people with people here who are here illegally.
• 51:58
  And there are long-term consequences for that.
• 52:01
  Long-term consequences for a lot of things, because again, we I hear a lot of people talking about state power, but I rarely hear people talking about the duties the states have to the constitution, which includes keeping their creation, the federal government within its legal boundaries.
• 52:20
  Was it last year?
• 52:21
  Uh, I believe, uh no, it's 24, I believe, that Tennessee was considering legislation to stop taking federal education dollars.
• 52:28
  And while I tried hard, it didn't happen.
• 52:31
  I wanted to testify in front of the committee to point out the illegality of the those cases, the bribery of those federal education dollars.
• 52:38
  And uh I think we need to consider is it the duty of the states to not accept the bribe?
• 52:45
  Is it the duty of the states to push back against the federal government and say no, you can't do that?
• 52:49
  The constitution doesn't allow this.
• 52:51
  Is it the duty of the states to make sure their children are educated about the actual constitution, what it actually says, not what some law school puts out about constitutional law, which is nothing more than the opinion of judges, many of whom apparently either have never read or never really understood the constitution, they take an oath to uphold.
• 53:11
  So uh again, I I think again we we need to be aware of the federal government, but I think we really need to pay attention to our states and the people we elect to represent us in those states.
• 53:22
  The legislature, the governor, the other office, any office we vote for.
• 53:25
  Again, remember, judges are in every state are bound to the Constitution of the United States.
• 53:30
  Now, in some states, those judges are appointed, in which case we got to pay attention to the governor.
• 53:35
  Some they're elected, which means we really should be paying attention to uh uh whether or not those judges are fulfilling their oath to support the constitution of the United States.
• 53:45
  I I I we we easily focus on DC.
• 53:49
  I think we need to focus on our state houses as well, because they're just as responsible as the federal government.
• 53:56
  They have a duty to the constitution, and it's something, well, it's something I think we should pay more attention to.
• 54:04
  Now, speaking of things pay attention to, you've probably heard it before, but this is the semi-quincentennial, the 250th anniversary of the publishing of the Declaration of Independence.
• 54:13
  No, it's not the signing of the Declaration of Independence, it's not the creation of the United States, it's this publishing of the Declaration of Independence, which did lead to the creation of the United States under the Articles of Confederation, which led to the Constitution as it was drafted and signed in 1787, but it's still an important date.
• 54:32
  It's the date when our states said we're free.
• 54:36
  We are independent from Great Britain, at least the original 13 states, and it's a date worth remembering.
• 54:42
  It's also an opportunity, I think, to maybe read and study the Constitution.
• 54:47
  Not just read the side of the declaration, but also read and study the Constitution.
• 54:50
  Learn from these documents.
• 54:52
  Make a pledge to yourself that you're going to at least read and study the declaration.
• 54:56
  There are 27 specific grievances that the framers of the const the framers of the declaration had against the king of Great Britain.
• 55:07
  How many of those grievances could you claim against the one the government in Washington, D.C.
• 55:13
  or in your state capital?
• 55:15
  Maybe we should learn from our history rather than ignoring it.
• 55:18
  Of course, we all hear about, you know, all men are created equal and they're doubted by the creator of a certain unalienable rights.
• 55:23
  And among these are life living in the pursuit of happiness, which is absolutely true, and it's in there.
• 55:28
  But there are these 27 grievances.
• 55:30
  No, Paul, we we separated because taxation without representation.
• 55:33
  Well, you're right, it's in there.
• 55:35
  It's number 17 out of 27.
• 55:38
  So it really wasn't that important.
• 55:40
  So let's take this as an opportunity.
• 55:43
  July 4th, 250th anniversary of the publishing of the Declaration of Independence.
• 55:48
  Let's read it, let's study it, let's get to understand it.
• 55:50
  Hey, maybe join us.
• 55:52
  America Outlaw is going to be in Nashville July 2nd through 4th to celebrate the semi-quincentennial.
• 55:58
  Find out more at AmericaOut Loud.news.
• 56:00
  So join us there and let's celebrate this document that began not only our march toward freedom, but our march towards rights and the rule of law.
• 56:10
  Now, while you're at it, I hope you'll come back and will listen to this program.
• 56:14
  You can hear the Constitution study on America Out Loud Talk Radio on the iHeartRadio Network every weekday at 4 p.m.
• 56:20
  Eastern time.
• 56:21
  You can listen on our media player, but we also have after Apple, Android, and Alexa.
• 56:26
  Now, if you can't listen, then all the episodes go to podcast.
• 56:29
  It does take a day or two for an episode to go from talk radio to podcast, but you get to listen on your favorite podcast app.
• 56:36
  But do me a favor, though, subscribe to the show.
• 56:39
  Rate the show, especially on Apple Podcasts.
• 56:41
  It helps the algorithm show us to more people.
• 56:44
  We're more likely to click the links and join us here for the Constitution study.
• 56:48
  Speaking of links, all the links you need can be found at AmericaOut Loud.news.
• 56:53
  But I'm going to ask you to do one more thing.
• 56:55
  Share those links.
• 56:56
  Let other people know what's out here.
• 56:58
  By sharing those links and this information, you're helping to share the blessings of liberty to everyone who calls this great nation home.