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Constitutional illiteracy is undermining America · 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.
• 0:31
  Our first Chief Justice of the United States, John Jay, said every member of the state ought diligently to read and study the constitution of his country.
• 0:40
  But most Americans don't.
• 0:42
  There is a significant cost to our constitutional illiteracy.
• 0:46
  Hello there, everyday Americans, Paul English here with a constitution study, where we read and study the constitution, just like John Jay said.
• 0:52
  We also teach the rights and generation to be free, and I'm so glad you could join me today.
• 0:57
  You know, my family will tell you sometimes I just get ah because of constitutional literacy.
• 1:04
  Now, I it it's bad enough when I see people, the general public showing their constitutional literacy.
• 1:11
  Sometimes it's a statement I hear someone say, sometimes it's it's a you know comment someone makes or an assertion they make that they can't back up with any actual data.
• 1:21
  You know, the constitution says this, the const it's worse to me when it involves government actors.
• 1:28
  Remember, John Jay said every member of the state ought diligently to read and study the constitution of this country.
• 1:34
  That means each and every one of us, you, me, everyone, we should diligently read and study.
• 1:39
  He didn't say every lawyer, judge, and politician should.
• 1:42
  Lord knows, I wish they would.
• 1:44
  I truly do, because this is some of stuff that just drives me my blood pressure right through the roof.
• 1:51
  But we should, because, well, let's see.
• 1:54
  Uh the you know, the the politicians, many of them work for us, and they're doing things that are completely crazy.
• 2:00
  So I I picked out a few of stories today that I think illustrate the cost of our constitutional illiteracy.
• 2:09
  Now, there was Fox News did an interview with Senator Mike Lee, where um, well, let's just say they're pushing the the the legitimacy of an understanding of the constitution.
• 2:23
  Listen to this.
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  With me now is the sponsor of the Save America Act, Utah Senator Mike Lee.
• 2:29
  Senator Lee, the president of the United States, you've been tweeting about this, suggested this as a possibility with DHS funding.
• 2:36
  What do you think should happen as you watch your colleagues hit the slots?
• 2:40
  Yeah, look, it was made a possibility back in 1787 when they wrote Article III, uh, Article 2, Section 3 of the Constitution, which gives him this power in extraordinary occasions.
• 2:52
  Now, what I didn't play for you is a lot of the Fox intro where they talked about he has the power to call Congress back, the president does.
• 2:59
  Mike Lee finally mentions in extraordinary circumstances.
• 3:03
  Let me read it to you.
• 3:18
  So as he points out, this has to be an extraordinary occasion.
• 3:24
  Let's uh listen to what Senator Lee believes would qualify this as an extraordinary occasion.
• 3:31
  Now, Cayley, if it's not an extraordinary occasion when you've got a department as crucial to our national security, as uh the as the Department of Homeland Security is, and it's gone unfunded now for 50 days because of this impasse.
• 3:45
  And Congress leaves town, both chambers for two weeks while that's happening.
• 3:50
  Uh all at the same time when we had attack after attack at military installations around the United States.
• 3:57
  This seems to me like it would qualify as an extraordinary occasion.
• 4:00
  Okay, um, let's break this down a little bit because there was something very interesting in there.
• 4:05
  So it reminded me of a statement made by Ronald Reagan.
• 4:10
  The closest thing to eternal life on this earth is a government program.
• 4:14
  We have DHS, and the fact that the Congress cannot figure out how to support how to fund part of it is suddenly an extraordinary occasion.
• 4:24
  Now let me go back to Webster's 1828 dictionary for the definition of extraordinary.
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  Beyond or out of the common order or method, it's not in the usual customary or regular course.
• 4:36
  It's just it's not ordinary, it's beyond ordinary.
• 4:39
  That's what extraordinary means.
• 4:40
  Kind of makes a lot of sense, but is not funding a part of government extraordinary.
• 4:48
  Doesn't Congress regularly decide we're not going to fund this, we're not going to fund that.
• 4:54
  What this is is Mr.
• 4:56
  Uh Lee is not an extraordinary circumstance.
• 4:59
  It's a political impasse.
• 5:02
  I don't think this rises to a short.
• 5:04
  I mean, when you talk about extraordinary situations, you think of, you know, FDR on December 8th, calling Congress for a uh presidential address.
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  That is an extraordinary circumstance.
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  Uh George W.
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  Bush calling Congress together after 9-11.
• 5:23
  That is an extraordinary circumstance.
• 5:27
  Congressional myopathy, congressional lethargy.
• 5:32
  Congressman going out in and on on vacation while people they claim to support go unpaid.
• 5:39
  That's not extraordinary.
• 5:41
  That's kind of what they've become.
• 5:43
  So I don't see the extraordinary nature that Mr.
• 5:48
  Mr.
• 5:48
  Lee talks about, except for the fact that he believes once we've created a department of homeland security, not funding it is just beyond the pale.
• 5:59
  Really?
• 6:00
  I mean, you think about it.
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  How much do we really need the?
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  I mean, it's not the Department of Homeland Security.
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  We need the subdepartments, right?
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  Uh uh, you know, TSA, National Guard, um, you know, ICE and border patrol.
• 6:15
  But the DHS is a whole, we don't need.
• 6:19
  And in fact, if you look at the shutdown, it's really just focused on a few of these entities that have questionable constitutional basis to begin with.
• 6:29
  Um, and uh, no, no, I'm sorry, this isn't extraordinary.
• 6:33
  This is politically inconvenient, Mr.
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  Lee.
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  And uh, I think we can see more of this when we listen to the rest of the answer to that particular question.
• 6:42
  And this would give us a chance to get back and get DHS funded.
• 6:46
  And I hope next turn to the Save America Act.
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  Remember, the Fox host mentioned Mr.
• 6:52
  Lee is a sponsor of the Save Act and uh the like half unconstitutional act.
• 7:00
  Yes, Congress can require photo IDs, but only for elections for Senate, U.S.
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  Senate, and House.
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  Not for any other questions, not for any other election, not for primaries, not for not for state elections, nothing.
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  Only for those two offices.
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  But the federal government has no authority over the uh voter registration databases.
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  None whatsoever.
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  So that's unconstitutional.
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  So Mr.
• 7:26
  Lee, uh it sounds like he's at least as interested, maybe more interested in getting his save act, uh, his unconstitutional save act across the finish line as he is funding DHS.
• 7:40
  Now, personally, I think there, you know, I'd love to see a constitutional amendment that says if a budgeted department is not funded, then Congress, the Congress stops getting paid.
• 7:55
  Not you postpone their pay like the workers.
• 7:57
  No, you just don't get you forfeit your pay.
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  After seven days, you forfeit the pay of your of your top staff as well.
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  After 14 days, you forfeit the pay of your entire staff, all of Congress, none of the staff get paid.
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  They forfeit it.
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  They don't postpone it, they forfeit it.
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  And then after 30 days, then nobody in the federal government gets paid until you fix the problem.
• 8:24
  But there's got to be limits, right?
• 8:25
  It's got to be something that's budgeted.
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  We've agreed to pay this, we've budgeted.
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  There's got to be some limitations on that.
• 8:32
  The idea that that members of Congress are out playing games while everyday people are working, not a surprise.
• 8:38
  Well, these how many members of Congress have this elitist attitude that they're just above the law, they're above everything else.
• 8:46
  They can do whatever they want.
• 8:48
  Um, you know, that's kind of the way things are.
• 8:51
  Of course, it's not just Congress.
• 8:53
  The president, many presidents have this idea that they can do whatever they want.
• 8:59
  Is it you know, it was most famously identified in Obama's, I have a pen and a phone.
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  Meaning Congress won't pass a law, so I'll just make one up because I'm king.
• 9:10
  And Donald Trump does it quite frequently in law.
• 9:12
  He signed an executive order, by the way, absolutely legally not binding, meaningless.
• 9:18
  But he wants to play games with um college sports.
• 9:23
  He he he he expected he said, well, uh, this order would would permit student athletes to transfer only once without the penalty of a red shirt season.
• 9:34
  Um, not entirely sure.
• 9:35
  I don't follow college.
• 9:36
  It has to do, I thought red shirt was a freshman.
• 9:38
  Um, so I'm not sure if it has to do with how long they're uh it would also limit college careers to five year window.
• 9:45
  It would also spend uh set some funding requirements for uh programs like uh women's and olympic sports, and again, federal regulations on these these uh NIL.
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  Collectives.
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  Now, NIL stands for name, image, and likeness.
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  And this was a big debate for years because you have college athletes are prohibited from getting paid to play.
• 10:13
  There are all sorts of NCAA rules about this.
• 10:15
  And of course, same thing for college.
• 10:18
  Well, I said, same thing for the Olympics, although that that got kind of got changed when it came to uh basketball a few, you know, quite a few years ago.
• 10:26
  But the idea is none of these things are actually a federal constitutional authorization for the federal government, much less the president to decide.
• 10:36
  Right?
• 10:36
  The federal government has no authority over college sports.
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  Whether, you know, when they play, how they play, how long they can play, what they can be paid for their name, image, and likeness, nothing.
• 10:51
  None of this is constitutional.
• 10:54
  But again, my guess is Donald Trump and most of his advisors are constitutionally illiterate.
• 11:00
  They look at this and say, this is a bad deal.
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  I'm the president.
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  I must do something about it.
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  I must be able, because I'm the president, which means he thinks he's the king.
• 11:13
  You see where I'm talking about here.
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  Not just is the is the constitutional literacy in Congress and in the presidency of problem, but the American people.
• 11:22
  We go along and say, Yeah, yeah, let's go along here.
• 11:25
  We should have the Save Act because I, you know, I you need to be a citizen to vote.
• 11:30
  Yes, each and every state constitution that I'm aware of requires you to be a U.S.
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  citizen to vote.
• 11:36
  There is nothing in the Constitution of the United States about being a U.S.
• 11:41
  citizen to vote because the federal government doesn't control voting.
• 11:46
  Congress has limited powers to change the time, place, and manner, but the actual voting is not held by the federal government, it's held by the state governments.
• 11:55
  The fact that states don't follow their own constitution is another question for another day.
• 12:00
  That doesn't mean that suddenly we're going to allow legislation that violates the Supreme Law of the L because we don't like the way certain states hold their elections.
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  But Paul, that that impacts me, right?
• 12:12
  Because they're they're they got non-citizens voting for for all these offices.
• 12:16
  Well, the only ones that you should really care about are House and Senate, the ones you should really care about.
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  The states voting for uh presidential electors, they don't vote for president.
• 12:23
  The people do not vote for president, another bit of constitutional literacy.
• 12:27
  The people do not vote for president.
• 12:30
  They vote to tell their states whose presidential electors they should pick.
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  But that doesn't mean you have the that you have an authority to tell some other state how they're going to hold their elections.
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  Living, dealing with the impact of others is part of living as society.
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  Right?
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  You have no authority over your neighbor's home.
• 12:51
  You have no authority over, you know, your your the next door neighbor's car.
• 12:56
  You have no why should one state have authority over a neighboring state?
• 13:00
  It doesn't.
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  But our constitutional illiteracy means these issues keep coming to the fore because not only do the people we hire to represent us have no clue what the constitution says.
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  Look at look at uh Mike Lee.
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  Well, I can do this because, well, I'm just gonna redefine extraordinary so that it kind of fits.
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  That's as close as he got.
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  He's not worried about punishing.
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  Remember, each house can punish their own members.
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  Article one, section five, clause two.
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  Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concerns of concurrence of two-thirds, expel a member.
• 13:43
  See, Minister Senator Lee, if you really wanted to follow the Constitution, you'd be proposing legislation, you'd be bringing to the to the Senate uh uh legislation to punish members for the disorderly behavior of not fulfilling their legally obligated duty of passing a budget and then funding it.
• 14:07
  You would be looking to punish those members that are behaving disorderly in this debate.
• 14:14
  Why don't you do that?
• 14:16
  Rather than try and say, well, it's extraordinary.
• 14:18
  No, it's not extraordinary that uh an agency, a department doesn't get funded, fully funded.
• 14:25
  That's what Congress is supposed to do.
• 14:26
  They have the power of the purse.
• 14:29
  And no, Mr.
• 14:30
  President, it is not constitutional for you to try to regulate college sports.
• 14:34
  The very fact that you're giving college sports money is a federal crime.
• 14:39
  It's called embezzlement because you're spending money that you're not authorized to spend.
• 14:45
  Article 1, section 8, clause one.
• 14:46
  Congress is only allowed to spend money to pay the debts, common defense, and general welfare of the United States, not the individual states, not the individual citizens, that entity run by the Constitution, recreated by the Constitution called the United States.
• 15:04
  But the constitutional ignorance, illiteracy in government is surpassed only by the constitutional literacy among we the people, which is what we here at the Constitution Study are trying to help resolve.
• 15:18
  How do we do that?
• 15:20
  Well, there's a lot of ways we can do that.
• 15:23
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• 15:39
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• 16:01
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  I'd love to meet you.
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  I'd love to talk with you.
• 16:05
  I love meeting with people.
• 16:06
  And to me, this would be a great time to learn about the Declaration of Independence.
• 16:11
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• 16:50
  Now, before I hit the break, there's other something else I'd like to remind you.
• 16:53
  And that is you need to get a good night's sleep.
• 16:56
  I mean, I generally sleep pretty well, but there are some times when the mind just doesn't want to shut down, like when I'm dealing with some of this nonsense about constitutional illiteracy.
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• 21:34
  Welcome back, everyday Americans to rejoin the Constitution today.
• 21:38
  Today we're talking about our constitutional illiteracy.
• 21:42
  Talked a bit about government, but I'm going to get to some more because our illiteracy is there as well.
• 21:47
  Let's take a look at this.
• 21:49
  Donald Trump, the Trump administration's Justice Department, was looking for admissions records from some of the nation's colleges and universities.
• 21:59
  Now, this is because Donald Trump has a priority to stop discriminatory practices in admissions, right?
• 22:06
  The idea is you're not supposed to the whole affirmative action gone, uh, you know, using race to determine uh eligibility for college, gone.
• 22:17
  Um, supposed to be gone.
• 22:19
  But here's the problem.
• 22:21
  You see, we kind of the Trump administration kind of forgot a very important point.
• 22:26
  It is the government that has the burden of proof, not the individual and not the institution.
• 22:33
  So uh Donald Trump um, specifically his Justice Department was looking for uh admissions records so they could go on a fishing expedition, right?
• 22:44
  Complete violation of the Fourth Amendment.
• 22:47
  These institutions, many of them are private institutions, they have a right to the to the Fourth Amendment, they have a right to not be have unreasonable searches, but didn't care.
• 22:56
  Just part says, I want it so I can prove see if there's a problem.
• 23:00
  That's not the way the law works.
• 23:03
  You are considered innocent until proven guilty.
• 23:06
  The government always has the burden of proof, whether it's the Justice Department or the beat cop, they can't go searching, they can't go fishing.
• 23:17
  They have they have the burden of proof.
• 23:19
  They have to prove that you have that you're they have to have at least a regional articulate suspicion of a crime before they can ask for any data.
• 23:27
  Now, recently a federal judge has put a um uh some sort of, I don't know if it's a temporary restraining order, something to prevent to put a hold on this uh uh this collection of data.
• 23:40
  But again, because government doesn't have the right to go fishing for a crime.
• 23:45
  It is a basic foundation of federal of U.S.
• 23:49
  jurisprudence that you are innocent until proven guilty, that the government has the burden of proof, that they don't have the right to go fishing, they need a reason to search.
• 24:00
  In fact, they don't just need a reason to get a they need a warrant, they need probable cause supported by oath or affirmation in order to get this data, meaning they must show, hey, I've got probable cause to believe that a crime has been committed or is about to be committed.
• 24:18
  Here's my proof.
• 24:19
  I swear or affirm under oath that this is true, then you can get the warrant, and then you can collect the data.
• 24:27
  And the Justice Department, and this is not the only time, they simply, yeah, we're just gonna run roughshod over that.
• 24:34
  This is the same with the DOJ going after state uh um voter registration data.
• 24:41
  They don't have a right to that data.
• 24:43
  That's private data for the state.
• 24:45
  If they have a probable cause supported by oath or affirmation, they can get a warrant.
• 24:49
  Without a warrant, that's an unreasonable search.
• 24:51
  That's a violation of the Fourth Amendment.
• 24:54
  But we see too often we're saying, well, you know, I don't know, because we are constitutionally illiterate.
• 25:00
  Here's another twist.
• 25:02
  By demanding this information, whether it be the the the uh the voter registration data or the college admission data, the Department of Justice has committed a federal crime.
• 25:16
  18 USC Section 242 is a crime under color of law to deprive someone of a right protected by the constitution or laws of the United States.
• 25:25
  The Fourth Amendment still exists, it has not been repealed.
• 25:29
  These are criminal statutes, these are criminal activities, but most people will say, Well, I'll sue.
• 25:36
  How about we start filing charges?
• 25:38
  How about we start flooding the the uh the U.S.
• 25:41
  attorney's offices with uh federal criminal complaints about this type of activity because this is a crime.
• 25:49
  Now, uh, you know, again, people are gonna well, well, well, we can't.
• 25:53
  Yes, you can.
• 25:55
  We need to stop pretending that the Constitution doesn't matter, that the government can simply get around the Constitution because, well, the federal government's 800 pound gorilla in the room.
• 26:06
  No.
• 26:06
  No.
• 26:07
  Um, so you know, there are multiple states that have pushed back, I think 27 was the last count against the illegal uh uh uh attempt to acquire registration data.
• 26:20
  Uh the the apparently data collection for the admissions, uh college admission records in 17 states have fallen under this federal judge's uh restraining order.
• 26:32
  Uh, this injunction against the federal government.
• 26:37
  But the fact that people, it's interesting the way they're fighting about this.
• 26:40
  This is a blatant violation of the Fourth Amendment.
• 26:42
  It's a blatant violation, uh, I would say, of the Fifth Amendment, right?
• 26:46
  Because you're trying to deprive these entities of their property, the registration data, their admissions data without due process of law.
• 26:55
  You're not protecting their rights.
• 26:57
  This is a simple constitutional violation, but most people don't realize that.
• 27:02
  They don't even think about that.
• 27:04
  This is the type of thing I run into that I see all the time.
• 27:08
  And I just I just wish attorneys knew better.
• 27:11
  But then again, they weren't taught the constitutional law school.
• 27:14
  They were taught judicial opinions, which we euphemistically call constitutional law.
• 27:20
  It is neither constitutional nor is it law.
• 27:23
  But our constitutional literacy means people get away with it all the time.
• 27:28
  Here's another one.
• 27:28
  This time it's the Commodity Futures Trading Commission, another one of those numerous unconstitutional federal agencies, are suing Arizona, Connecticut, and Illinois because those states are trying to regulate the prediction markets.
• 27:44
  These are the things like, you know, was it uh poly market or whatever, where you can basically bet on anything.
• 27:51
  You know, you can bet on something's gonna happen in the stock market or how something's gonna happen in the around war.
• 27:57
  Or you name it.
• 27:58
  If you can come up with it, you can bet on it.
• 28:01
  Now, the CFTC has said that the states have attempted to ban, regulate, or restrain the activities of designated contract markets that offer trading in lawful event contracts.
• 28:13
  Really?
• 28:14
  There's a lot of things that the federal government regulates that are generally lawful events and activities.
• 28:22
  But the CFTC says, well, you're attempting to undermine their authority under the Commodity Exchange Act.
• 28:28
  Well, guess what?
• 28:29
  Most of the commodity exchange acts is unconstitutional.
• 28:31
  Because remember, Congress has authority to regulate interstate commerce.
• 28:37
  Not what passes through interstate commerce.
• 28:39
  They get to regulate the interstate commerce and only the interstate commerce.
• 28:46
  So they could regulate how these markets act in interstate commerce, but that doesn't deprive the state of saying we don't want, we want to regulate how you work within our state.
• 29:00
  You have to understand the supremacy clause.
• 29:02
  Article 6, clause 2.
• 29:04
  This Constitution and the laws of the United States made in pursuance thereof.
• 29:10
  They need to be following the con those laws need to follow the Constitution, or they are not the Supreme Law of the Land.
• 29:16
  And the Commodity Exchange Act, at least most of what I'm aware of, doesn't follow the Constitution of the United States, which means not only is it not the Supreme Law of the Land, technically, it's void.
• 29:30
  I'm not, those aren't my words leaders.
• 29:32
  Alexander Hamblin in the Federalist Papers.
• 29:34
  The Supreme Court in Martyr versus Madison, ex parte sepal, Norton V Shelled account.
• 29:39
  I repeat this all the time.
• 29:40
  And I repeat it, A, because there are some people who may not have heard it before, but because I want you to understand the importance of understanding your rights, how they are protected, so we can defend and assert them.
• 29:54
  Again, this is why it's important that we, the people, read and study the Constitution.
• 30:00
  The rising generation be free.
• 30:02
  Look at the uh recent Supreme Court case of developing quote unquote birthright citizenship.
• 30:08
  Man, I'm gonna.
• 30:10
  It's a wonder I don't have a stroke from the high blood from listening to these supposedly intelligent people, completely destroy and misrepresent the actual argument about birthright citizenship.
• 30:22
  I can't tell you how many articles I've read, videos, audio I've listened to, where people claim that birthright citizenship was established by the 14th Amendment.
• 30:32
  That is a lie.
• 30:35
  I'm working on an article that's going to cover the oral arguments.
• 30:40
  Because it trust me, if there are nine people that need a reading comprehension program when it comes to the Constitution, it is the justices of the Supreme Court.
• 30:48
  I mean, their arguments were god awful.
• 30:51
  You know, they they they kept looking at everything except the language of the Constitution, the 14th Amendment, and the person that actually proposed that language.
• 31:05
  Section one of the 14th Amendment says all persons born or naturalized in the United States are and subject to the jurisdiction thereof are citizens of the United States and the state in which they reside.
• 31:19
  Now, understand that language and subject to the jurisdiction thereof was not in the original draft of the 14th Amendment.
• 31:27
  It was added during congressional debate.
• 31:30
  And the person who had, I can't remember his name off the top of my head, I have to go look it up, specifically wrote that he says, listen, this is how I believe the law actually works.
• 31:40
  If you're born and naturalized and subject to the jurisdiction thereof, then you're a citizen of the United States.
• 31:48
  He said, This naturally would not include uh ambassadors, uh, children of ambassadors, foreign ministers, foreigners, and aliens.
• 31:57
  In other words, the person who proposed this when he when he was uh proposing it on the floor of, I believe it was the Senate.
• 32:06
  This is why I'm bringing this.
• 32:08
  It does not mean that this law would not, this amendment would not apply to foreigners and aliens.
• 32:16
  It's right there.
• 32:17
  I have yet to hear one person quote besides me point that out in this entire debate and discussion.
• 32:24
  Our constitutional literacy, to me, this is like front and center.
• 32:29
  How stupid are we?
• 32:33
  This all this does not come from the 14th Amendment.
• 32:35
  Do you know where birthright citizenship comes from, ladies and gentlemen?
• 32:38
  An 1898 Supreme Court case called United States versus Wang Kim Ark, where the Supreme Court, in a display of just hubris and stupidity, claimed that, yes, Mr.
• 32:53
  Ark is a child born here of parents who were subjects of the Emperor of China.
• 33:04
  They were not subjects of the United States.
• 33:07
  They were not subject to the jurisdiction of the United States.
• 33:10
  He, when he was born, was not subject to, he was subject to the emperor of China.
• 33:16
  But the court said, well, that doesn't matter.
• 33:18
  We're just going to make a new law and say, nope, you get you get citizenship because we think you should.
• 33:26
  That's how bad.
• 33:27
  The people that are supposed to understand the that some people say that the arbiters of the country.
• 33:32
  They are not, but people think that the arbiters of they cannot read.
• 33:37
  And now we have another case where this court, from what I've heard so far, is not going to pay attention to what the Constitution actually says.
• 33:46
  By the way, the Constitution of the United States, federal law, and Donald Trump's executive order, all state the same thing.
• 33:55
  If you are born in the United States and subject to the jurisdiction thereof, all three say the same thing.
• 34:01
  It's the court that's ignoring this.
• 34:05
  The supposedly three smartest or nine smartest legal minds in this country.
• 34:11
  Can't read the stupid supreme law of the land.
• 34:16
  That, ladies and gentlemen, is what drives me absolutely bananas.
• 34:20
  That's what just sends my blood pressure through the roof.
• 34:24
  And because we the people don't know any better, we keep having stupid arguments about whether, well, you know, is it feet wet or feed dry?
• 34:31
  Is it legal or illegal aliens?
• 34:34
  No.
• 34:34
  It's are you subject to the jurisdiction?
• 34:36
  Are you uh subject to another entity?
• 34:39
  In other words, are you a citizen or permanent res legal permanent resident of the United States?
• 34:45
  Then your children are automatically citizens because you're subject to the jurisdiction thereof.
• 34:50
  If you are a citizen of another of another country, and you know, and you're not subject to the jurisdiction of the United States, voila.
• 35:00
  You're not as your child is not automatically a citizen.
• 35:04
  But we have these, you know, they will say the law is complicated.
• 35:07
  The Constitution's not complicated.
• 35:09
  It's lawyers and judges and idiots who can't read that make it seem complicated.
• 35:15
  And again, I don't I I'm not expecting this court to get it right because, well, then they'd have to admit that they got it wrong before.
• 35:22
  And they do that, but very, very, very rarely.
• 35:25
  I only hope that maybe a court clerk will see my article when I publish it and say, hey, do you realize this this guy that proposed that language about subjects of the jurisdiction thereof actually said this would not apply to foreigners and aliens?
• 35:41
  That language is meant to make sure that the the birthright citizenship didn't apply to foreign.
• 35:45
  Do you realize that?
• 35:47
  I can only hope I'm not holding my breath.
• 35:50
  Because again, not just government entities, our law schools, our colleges.
• 35:54
  There are so many entities fighting to destroy our rights, to destroy the Constitution of the United States.
• 36:01
  And they're backed by a lot of these companies and corporations.
• 36:04
  Places I don't do business with anymore because they use their money to support things like, oh, I don't know, open borders, birthright citizenship, out of control spending, uh, you name it.
• 36:17
  I want to work with companies that believe what I believe.
• 36:20
  That's why I joined Patriot Mobile a few years ago.
• 36:23
  America's only Christian conservative wildest protest.
• 36:25
  That's not why I joined them.
• 36:27
  Yes, I'm a Christian.
• 36:29
  Most people would say I'm conservative.
• 36:30
  That's not what I joined them.
• 36:31
  I didn't join them for their 4G and 5G coverage on all the same networks and towers of the major carriers.
• 36:36
  It I didn't even join them for the 100% U.S.-based customer support.
• 36:40
  I joined them for one simple reason.
• 36:43
  Because they take a portion of every dollar to support organizations fighting for our rights.
• 36:49
  Freedom of religion, speech, press, free to be secure from unreasonable searches and seizures, free for have our due process protected.
• 36:56
  They also support sanctity of life, our veterans and first responders.
• 37:00
  All things I completely get behind.
• 37:02
  That's why not only did I join them a few years ago, recently I became an affiliate.
• 37:07
  Which means if you switch to Patriot Mobile today, not only can you get free activation with the offer code constitution, but you go to patriotmobile.com/slash constitution, pick a plan, and when you pay your bill, you're helping to support the constitution study.
• 37:21
  By the way, check to see if you're eligible for a discount, right?
• 37:24
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• 37:29
  But don't forget, use that code constitution to checkout to get your activation absolutely free.
• 37:34
  Go to patriotmobile.com slash constitution, find a plan and discount that works for you.
• 37:39
  Use that code constitution and join us in protecting our rights with our cell phones.
• 37:45
  I also hope you'll head over to America Outloud.news.
• 37:47
  And I go there each and every day for news and information.
• 37:50
  Why?
• 37:50
  Because corporate media is lying to us.
• 37:52
  I assume all media is lying to us.
• 37:55
  That's why I want a place where I can go and I can trust yet still verify what's going on.
• 37:59
  One of those is AmericaOut Loud.news.
• 38:02
  But I want you to do a bit more.
• 38:03
  Do like I do.
• 38:05
  Yes, read the stories and articles, then share them.
• 38:08
  Join me, listen to the podcast, watch the videos, share them.
• 38:12
  You'd be surprised how often people I didn't know that was going on.
• 38:15
  That's right.
• 38:16
  Because if you listen to corporate media, there's news they don't want you to know.
• 38:20
  See, by sharing this information, by exposing to people things they were unaware of before, we're helping to secure the blessings of liberty for all of us.
• 38:32
  I cannot tell a lie.
• 38:33
  My sinuses are blocked.
• 38:35
  George, you crossed the Delaware.
• 38:38
  You can cross congestion.
• 38:40
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• 38:43
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• 38:46
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• 38:52
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• 38:59
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• 39:03
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• 39:41
  To learn more, just visit barebar.com/slash out loud.
• 39:50
  Welcome back, everyday Americans the Constitution study.
• 39:54
  And today we've been talking about constitutional illiteracy.
• 39:57
  And you know, like anything else, there's a spectrum of
• 40:00
  It's not absolute, you know, binary, whatever.
• 40:02
  So I want to take a couple of a look at a cut at a story that shows, well, some constitutional reason, but not all of it.
• 40:11
  In other words, it did it.
• 40:13
  Let me get to the story.
• 40:14
  All right.
• 40:14
  So the Department of Justice, U.S.
• 40:16
  Department of Justice filed a lawsuit challenging Colorado's sanctuary uh laws, both the state law and Denver city laws.
• 40:26
  Um they claimed that they interfered with the federal government's enforcement of their immigration laws.
• 40:33
  Now, I I took a quick look at the you know, the a judge, and by the way, a judge threw this out.
• 40:39
  And I took a quick look through because I I found something interesting.
• 40:44
  So looking at the at the decision that was written, uh, under the analysis section, I find the supremacy claw provides that this constitution and the laws of the United States, which shall be made in pursuance thereof, shall be the supreme law of the land.
• 40:57
  Anything in the constitution laws of any state to the contrary, notwithstanding.
• 41:00
  Now, obviously, he's edited out uh some of the language, but he's got the the correct point, right?
• 41:05
  The constitution and laws of the United States which shall be made in the pursuance thereof are the supreme law of the land.
• 41:11
  Well, he goes on to say the supremacy clause undoubtedly prevent states from contradicting or obstructing the federal immigration scheme, but that's not based on the constitution.
• 41:20
  That's based on a court decision, Arizona versus United States.
• 41:23
  He goes, but it does it it does not go so far as to compel state assistance.
• 41:28
  And this is interesting.
• 41:29
  This goes back to a case, um, although he didn't quote it.
• 41:32
  Uh yes, he does.
• 41:33
  He goes, Prince versus United States.
• 41:35
  It was a 1997 case where um the federal government tried to force uh uh sheriffs to basically work for them.
• 41:46
  And they said, no, you can't.
• 41:47
  These are these are a scenario.
• 41:49
  But I find something interesting in the decision.
• 41:54
  Because he says the decision to implement the federal immigration scheme is reserved to the states according to the 10th amendment of the United States Constitution, right?
• 42:02
  The powers not delegated to the United States by this constitution or prohibited by it to the states are reserved to the states respectively or to the people or respectively or the people.
• 42:12
  But here's the interesting thing.
• 42:13
  So he says, okay, the authority to implement the immigration scheme is reserved to the states because of the 10th Amendment, kind of ignoring the fact that the power to regulate immigration, it was never delegated to the United States by the Constitution.
• 42:29
  So he's kind of got this, okay, you can't force the states to do something, which is true.
• 42:34
  The federal government doesn't have this authority, but um he's kind of missing the point.
• 42:40
  Uh uh, you know, he's he's saying that um uh you you you you can't force the because you can't force them to work with the United States.
• 42:49
  However, the United States has no authority to regulate immigration in the Constitution, doesn't exist.
• 42:56
  Congress can regulate the method of naturalization, a uniform method of management, but that's in the naturalization is not immigration.
• 43:04
  So he's quoting the 10th amendment, but he kind of gets it uh, well, kind of screwed up.
• 43:10
  But I find it interesting because he quotes a another court case, um, term limits inc versus Thornton, where he says, our nation was founded on a system dual sovereignty in which citizens would have two particular capacities, uh, two political capacities, one state and one federal, each protected from incursion by the other, which is true.
• 43:32
  Actually, I think the term dual sovereignty is a misnomer because those sovereignties do not overlap.
• 43:39
  You think of dual, you think of two at the same time.
• 43:42
  They have separate sovereignties, the Fed and the state.
• 43:45
  And they do not, the 10th Amendment says they do not overlap, because a power is either delegated to the United States or reserved to the states, unless the constitution bans it from the states, in which case it reverts back to the people.
• 43:58
  So again, we have this uh kind of an interesting, somewhat twisted view of the constitution.
• 44:06
  Um, you know, he's got part of it right, but it's interesting.
• 44:09
  He it's like he's not extending to the logical conclusion.
• 44:13
  He's saying all the right things, but he's not applying them correctly, if I'm if if I hopefully explaining myself properly.
• 44:21
  Yes, there are we we deal with separate sovereign, even the term sovereignty is a misnomer because in the United States sovereignty is vested in the body of the people.
• 44:30
  We delegate authority to our state and federal governments, and we've delegated different powers to either of them.
• 44:37
  And well the idea that he says, well, the Congress cannot force the state to comply.
• 44:44
  How about the fact that the Congress has no authority?
• 44:46
  The law, the immigration laws were not made pursuant to the constitution, therefore they're not the supreme law of the land.
• 44:52
  You kind of see where I'm going here.
• 44:54
  He's kind of got it partially right, but in getting it partially right, the part that he has wrong, really to me is it's it's rather important.
• 45:05
  Now, I I will admit it is possible that well, the judge is just answering the questions that were presented to him, and does the uh uh the constitution allow Congress to order the states to do things, and that may be the reason, but it kind of shows the illiterate the constitutional literacy of our entire legal system.
• 45:24
  Remember, lawyers are not taught the constitutional law school.
• 45:27
  They're taught something called constitutional law, which is actually the opinion of judges about, well, it's not so much the opinion of judges about the constitution, it's generally the opinion of a judge about the opinion of a judge about the opinion of a judge about the opinion of a judge about something he thought the constitution said.
• 45:42
  So I mean, again, I've asked lawyers for years.
• 45:45
  When you were in law school, did you take a class where you studied the language of the constitution, or do you merely take constitutional law?
• 45:51
  I've had one person, I have modified, I have tweaked my question since I've only had one person claim that he studied the constitutional law school, which um well to me doesn't bode very well, does it?
• 46:03
  But that's kind of the state of that that you know, our constitutional literacy uh illiteracy in our legal system when the supreme law of the land is not understood by the people practicing the law.
• 46:14
  When you can get a an American law degree without studying the actual supreme law of the land, well, we have a problem, Houston, and the question is are we going to do anything about it?
• 46:25
  And I got one more story.
• 46:26
  Now, coming out of California, I had to get to California, you know about it, right?
• 46:30
  And it's about uh, well, it's basically what's about what they call a VMT, a vehicle miles travel tax.
• 46:38
  Now, this of course is such a popular idea, even in California, that apparently is being hidden in legislation for a housing bill.
• 46:48
  Now, what is this VMT?
• 46:50
  Well, it's basically a way for a state to tax you for every mile driven.
• 47:00
  Now, of course, like I said, it's in a housing bill, which apparently they're trying to dissuade people from building single family homes.
• 47:08
  They want you to put in multifamily homes because remember, the Marxists know better how you should live your life than you do.
• 47:13
  So the idea that you actually, I don't know, want to live in your own home.
• 47:18
  No, no, no, we would they don't want that.
• 47:19
  And apparently that's what California is trying to do.
• 47:21
  But I want to focus on this VMT because I've seen this concept popped up, pop up in other states.
• 47:27
  In fact, when I moved to Tennessee, uh I met with my state rep and senator, and I asked them what are the big issues, and they were concerned that if we move from gas-powered vehicles to electric vehicles without the gas tax, how do we pay for road repairs and maintenance?
• 47:45
  And they were thinking about an equivalent to a VMT, right?
• 47:49
  A mileage tax.
• 47:51
  Um, I told them that was a bad idea, and I explained multiple reasons why.
• 47:55
  Uh, for one, in Tennessee, we our economy has a lot of tourism, right?
• 48:00
  You've got Nashville, Memphis, uh, even Knoxville.
• 48:04
  A lot of people travel as as tourism, you know, the smoky mountains and whatnot.
• 48:09
  So the people who come in from out of state and they buy gasoline, they pay our gas tax, they help fund our repairs.
• 48:16
  If you move to a VMT, only people who register their vehicles in Tennessee would actually be paying that tax.
• 48:23
  So it it truly shifts the burden improperly.
• 48:27
  And I, you know, they were concerned.
• 48:29
  Obviously, electric vehicles have not taken over our highways and byways.
• 48:34
  I wasn't that was the other thing I brought up.
• 48:35
  It's I don't see it happening, but and it looks like I was right.
• 48:38
  But I want to go back to California and the VMT.
• 48:42
  Now, understand how how could this possibly work?
• 48:46
  Well, um, one method is to simply say, you know, when you go to register your vehicle, part of the form is, well, the odometer reading.
• 48:55
  And whether they'd have to have an official read it or just, you know, you could write it on your renewal form.
• 49:01
  And of course, they would charge you a tax for the miles that you driven in the in the previous year.
• 49:06
  Um, what I find interesting, and I'm not quite sure where this puts this would be uh basically the state, it's not so much the state would allow is they're saying local agencies could impose this VMT, meaning, well, um, you could, you know, depending on what city or or township you lived in, they may charge you this this mileage tax.
• 49:25
  They'd have to know how many miles you're driven.
• 49:27
  Uh, of course, they also want to track everything you do in your car anyway.
• 49:30
  Uh, but it's the the idea of taxing our driver.
• 49:35
  Now, listen, the states have a much greater power to tax than the federal government.
• 49:41
  But I find it very interesting that you're telling me I have to report how many miles I drove simply for the purpose of taxation.
• 49:48
  Um, again, because the state of California doesn't like you driving, and they don't like you having individual homes.
• 49:55
  They're trying to do everything to turn this into a communist dystopia, just like the Soviet.
• 50:00
  A union.
• 50:01
  Another reason why I don't live in California.
• 50:04
  As beautiful as California is, it's not a safe place to be.
• 50:09
  I refuse to go there.
• 50:10
  Or miraculously, I refuse to live there.
• 50:12
  I've visited California several times.
• 50:15
  Again, beautiful, some beautiful places, but uh no, I'd never live under such a communist dictatorship.
• 50:21
  Because so much of them, their actions seem to be just destroying our liberty.
• 50:27
  We they don't want you to live in single family homes.
• 50:30
  They don't want you to drive your car.
• 50:33
  And uh, you know, while they may claim a lot of really good reasons for it, what they're really talking about is well, it's just uh we don't think it's a good idea, so we're gonna tell you how to live your life.
• 50:43
  We're gonna deprive you of the liberty of living your life as you see fit.
• 50:48
  That's what liberty is.
• 50:49
  Living your life as you see fit without unnecessary external influence.
• 50:54
  And um, they say, no, no, we're gonna, we think we know better.
• 50:58
  Um that's what happens, and which is why, again, the uh state's power to tax is fairly unlimited.
• 51:07
  But that's where it comes back to we the people.
• 51:10
  You see, the people of California have hired the representatives that are implementing these taxes.
• 51:15
  So the people of California have no one to blame but themselves, whether it's the housing, the gas tax, or any other taxes, mileage tax, any other things they're paying.
• 51:26
  The people of California hired them.
• 51:30
  So the fact that we we deal with this, we we we look at this and go, tiss this.
• 51:36
  That's what the people of California have asked for.
• 51:39
  Probably explains why so many people or businesses are leaving California going somewhere else.
• 51:45
  Uh the question is will the people of California figure that out before well, before it's just plain too late.
• 51:52
  And that's why I go back to John Jay statement.
• 51:55
  Every member of the state ought diligently to read and study the constitution of this country, teacherizing generation be free.
• 52:01
  It's up to us.
• 52:02
  We need to read and study the concept so that we know when our rights are being violated, that we know the role of the state, local, and federal governments that we deal with, so that we can hold our representatives accountable to their oath to support the Constitution.
• 52:17
  How can they support the Constitution if they don't know what it says?
• 52:20
  How can we know if they're doing their job if we don't know what it says?
• 52:26
  That's why it's our responsibility.
• 52:27
  It's why I've created the Constitution study to help all of us read and study the Constitution, to know what our rights are, to be prepared to defend and assert them.
• 52:37
  But that only comes with effort.
• 52:39
  It comes by spending the time to read and to study, not simply to have read it once and put it in your pocket and say, see, here's my constitution.
• 52:47
  I read it once, and I'm a good patriot.
• 52:50
  No.
• 52:51
  Diligently read.
• 52:53
  Read it multiple times, be familiar with it.
• 52:57
  Um to uh uh study to be able to express it in your own terms and use your own words to apply it to our lives today.
• 53:06
  That's what we need to do.
• 53:09
  See, if you're expecting constitutional literature to start with the lawyers and politicians, you're on a fool's errand.
• 53:14
  It starts with we the people, which means it starts with you and with me and with our families.
• 53:20
  So, what are you doing to read and study the Constitution?
• 53:25
  What are you doing to help your family read and study the Constitution?
• 53:30
  What are you doing besides sitting around and waiting for somebody to do something?
• 53:34
  Because when you wait for somebody to do something, nobody does anything.
• 53:39
  And then we're surprised when things end up the way they are.
• 53:43
  As I pointed out, this is the semi-quincent is the 250th anniversary of the Declaration of Independence.
• 53:50
  By the way, this is not the day, July 4th was not the day it was signed.
• 53:54
  It was signed, it was passed.
• 53:56
  It was well, actually, two people signed it.
• 53:58
  Uh, the the only two.
• 54:00
  Most of the signatures you see were actually not penned until August.
• 54:05
  But it's a very important document with some really important words that should be governing our lives.
• 54:10
  And I have to wonder, what are we doing to uh celebrate that 250th anniversary?
• 54:17
  Like I said, I hope you'll come and join us in Nashville uh July 2nd through 4th.
• 54:22
  But what else are you doing?
• 54:23
  Are you taking this opportunity?
• 54:24
  Maybe sit down with a family and read the Declaration of Independence, go through the grievances and say, gee, I didn't realize that.
• 54:32
  And well, how would this apply?
• 54:33
  Could this apply to us today?
• 54:35
  Be involved, be engaged.
• 54:37
  That's really this is a great opportunity.
• 54:39
  Because let's face it, how often is something like this going to come around?
• 54:44
  I remember the bicentennial.
• 54:45
  I was a kid at the time, but I remember the Bicentennial and I remember the celebrations.
• 54:50
  But you know what I don't remember?
• 54:52
  I don't remember people encouraging us to read it, to learn it, to understand it, to see how it would apply today.
• 54:59
  So that's what I'm gonna ask you to do for the 250th.
• 55:02
  If you can join us in Nashville, great.
• 55:04
  If you've got a local celebration, wonderful.
• 55:07
  If you have an event you want me to come speak at, uh what terrific.
• 55:12
  But really, what I want you to do is I want you to find a copy of the concept.
• 55:15
  You can find it online.
• 55:16
  Just do use your favorite search engine, and then read it and read it with your family.
• 55:22
  And then see what discussions pop up.
• 55:24
  What does it mean that that uh we hold these truths to be self-evident that all men are created equal?
• 55:30
  How could that happen when there was slavery?
• 55:33
  What does it mean that uh that the people have the right to alter or abolish their government to bring about their own happiness?
• 55:40
  What does that mean?
• 55:41
  These should be discussions for having, especially this year.
• 55:45
  And I hope you'll join me in having those discussions.
• 55:49
  Again, friends, family, neighbors, wherever you can.
• 55:52
  Now, I also hope you'll come join us here for the Constitution study on America Out Loud Talk Radio, heard on the iHeart Radio Network every weekday, 4 p.m.
• 55:59
  Eastern time.
• 56:01
  Plenty of places to listen.
• 56:02
  You've got our media player, we've got apps for Apple, Android, and Alexa, and of course, you can always listen via podcast.
• 56:08
  Now, it does take a day or two for an episode to go from talk radio to podcast, but you get to listen to your favorite podcast app.
• 56:16
  Do me a favor though, subscribe to the show.
• 56:18
  You leave us a rating on Apple Podcasts.
• 56:20
  It helps the algorithm show us to more people, so more people are gonna click and listen to us and join us here at the Constitution Study.
• 56:29
  Now, speaking of the links, you can find all the links you need at the homepage at AmericaOut Loud.news.
• 56:34
  But please, as is everything else, share those links.
• 56:37
  Share these episodes, share these stories, and help share the blessings of liberty to everyone who calls this great nation home.