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SCOTUS’s new term to include tariffs, elections, and states’ rights · 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
  With the new Supreme Court term in full swing, it's a good time to take a look at what cases they'll be taking, which they won't, and a few they've already weighed in on.
• 0:41
  Hello there, everyday Americans.
• 0:42
  Paul Engle here with the Constitution Study, where we read and study the Constitution, teacherizing generation be free.
• 0:48
  I'm glad you could join me today.
• 0:50
  You know, the SCOTA's term is always a busy time here at the Constitution Study.
• 0:55
  Of course, the end of the term we call silly season, because that's when they release their, well, often most uh impactful, controversial, and sometimes just plain silly decisions.
• 1:05
  Um, now that they are back sitting in their offices and and taking hearings and cases.
• 1:12
  Well, uh, this this season is a little different.
• 1:15
  They did a little more emergency work during their break, but again, we're back into full swing.
• 1:20
  And uh, well, there's been some interesting uh stories coming out, some interesting cases to be looked at.
• 1:28
  And I want to take some time today and well, start looking at them.
• 1:31
  Uh, we're gonna start with a case involving ballots.
• 1:38
  Uh, the case is Watson versus Republican National Committee, and it challenges a Mississippi law allowing absentee ballots postmarked by election day be counted if they are received within five days.
• 1:52
  Now, this case would impact more than just Mississippi.
• 1:56
  Um, nearly 30 states, along with the District of Columbia have some law that allows absentee ballots postmarked by election day to be counted if they're received after uh some number of days after.
• 2:12
  Now, this course brings up interesting questions of uh of not just law but of the constitution.
• 2:20
  So uh judicial watch apparently is is actually filing or running the suit, and uh of course they look at federal law that establishes an election day.
• 2:30
  Now, what I find interesting is a couple things.
• 2:32
  First of all, you have to understand that under Article 1, Section 4, the time place and manner of holding elections for U.S.
• 2:40
  senators and representatives are prescribed in each state by their legislature, but Congress may at any time by law uh make or alter such regulations, except as a place of uh of choosing electors.
• 2:53
  So, yes, generally the states set the time, place, and manner of elections.
• 2:57
  However, um Congress can change those by law.
• 3:04
  And if they've established an election day, well, that seems to be a legal requirement.
• 3:12
  But that would only be for members of the House and Senate, U.S.
• 3:15
  House and Senate.
• 3:17
  Furthermore, under Article 2, Section 1, we find that the Congress may determine the time of choosing electors and the day on which they shall give their votes, which day balance shall be the same throughout the United States.
• 3:29
  But again, this only affects presidential electors.
• 3:32
  So Congress determines when the states, what day the states choose their electors, and that has to be uniform throughout the states.
• 3:40
  So again, you have a bit you have an issue of um, you know, it's not uniform if the choosing of the electors is delayed because we are waiting for absentee ballots to come in.
• 3:52
  They will still be counted, even though they were cast in time, they did not arrive in time to be counted.
• 3:58
  So it's to me, it's an interesting thing, because on the one hand, yes, the ballots have to be postmarked, they have to be cast it by election day, but if the day of choosing electors has to be the same throughout all the states, that can't be true if the states have different rules about how far after election day they're gonna count ballots, but that would only affect presidential elections, and the same with the time, place, and manner of uh choosing House and Senate.
• 4:29
  Congress can only make laws that deal with the House and the Senate.
• 4:33
  They can't deal with any other elections, those are all state matters.
• 4:37
  So there's a bit of a to me, there's a bit of an issue here.
• 4:41
  And we you know, do we set up, do these states set up different rules for different elections, or do they make things uniform and come into compliance with the constitution and laws of the United States that this is the day of choosing electors?
• 4:56
  This is the day of uh this is the time of choosing House and Senate, and rather than having two different sets of rules, they're all going to abide by the same one.
• 5:06
  It's it's an interesting case.
• 5:08
  It is one I I will be following.
• 5:12
  But so far, all the court has agree is put they've put on their docket.
• 5:16
  They've agreed to hear the case.
• 5:18
  Uh, I don't know, I don't think even things have been scheduled for oral arguments yet.
• 5:22
  So we've got a ways, but again, these are the types of questions I often find interesting, because again, we have 30 states plus the the District of Columbia that all appear to be violating the Constitution.
• 5:38
  Again, I think they're trying to do it for a good reason, right?
• 5:41
  If you cast your ballot by mailing it by election day, um, you know, that that was kind of the rule.
• 5:50
  Because how do you know if you mail in a ballot?
• 5:54
  How do you know that it gets there in time?
• 5:55
  That's kind of a question I see when I pay bills, right?
• 5:58
  You know, what day, if I want if the bill is due the first of the month, how many days before then do I need to mail the bill in order to make sure that it gets there on time?
• 6:08
  And of course, I tend to fudge to be on the early side, but interesting to me, it becomes an interesting question of is it the casting of the ballot, or is it the receiving of the ballot that is important when it comes to uh the these dates?
• 6:27
  And since the constitution requires things like um uh presidential electors be appointed on a certain day, well, now you got another issue, right?
• 6:39
  Because, well, how many elections do we have where the presidential electors aren't decided on that day, where there are challenges that day?
• 6:47
  It'll be interesting.
• 6:49
  I'm kind of waiting you know, and uh I'm kind of curious to see where oral arguments go with this particular case.
• 6:57
  Because let's face it, elections have been an issue now, and they've been an issue for years, and they may not be as big an issue as they were, but they're still issues.
• 7:10
  And again, remember, we're human, we're dealing with human beings, and human beings make mistakes, and there's only so much you can do to mitigate those, but I think we should do whatever we reasonably can.
• 7:22
  For example, in Maricopa County, Arizona, I don't know what's going on in Arizona, but uh they discovered uh almost 2300 ballot envelopes that were misplaced by poll workers and only discovered days after the election.
• 7:40
  See, there were two bins containing envelopes with ballots that were left in a ballot drop box on election day.
• 7:47
  This is according to the local ABC affiliate.
• 7:50
  They weren't discovered until three days later.
• 7:54
  Now, despite this mistake, the the county's deputy election director, Jennifer Lewer, um, she pointed out she says humans run our elections.
• 8:02
  Our community members run our elections, and there are going to be mistakes that are made.
• 8:06
  The important thing is that we have a process and a redundancy in our system to make sure that when a mistake is made, we are able to quickly correct it.
• 8:15
  And at the face of it, that sounds good, right?
• 8:20
  Yes, we have we're dealing with human beings.
• 8:23
  Human beings will make mistakes.
• 8:27
  And we should have processes to well, they she talks about redundancy and and and processes to uh correct the error.
• 8:38
  Well, again, I spent 30 years on IT.
• 8:40
  To me, redundancy means you've got two redundant paths to do something.
• 8:45
  If one goes down, the other picks it up, which you really don't have in the case of apparently ballots and drop boxes, right?
• 8:54
  You put you cast one ballot.
• 8:56
  You don't cast the same ballot in two different drop boxes.
• 8:59
  So redundancy is a bit of an issue.
• 9:01
  And the question I have is not, oh my god, oh my god, the the election fraud.
• 9:07
  No.
• 9:08
  This seems to be human error.
• 9:11
  And what what's Maricopa County going to do to mitigate the chance of that in the future?
• 9:20
  Right?
• 9:20
  Because their processes, oh, we found them and we counted them quickly.
• 9:24
  But it was after election day.
• 9:27
  Did that impact the results?
• 9:30
  My guess is probably not.
• 9:33
  But what if it wasn't 2,000 ballots?
• 9:36
  What if it was 20,000 ballots?
• 9:38
  What is 2 million ballots?
• 9:41
  Paul, we'd never lose that many.
• 9:43
  Oh, no, no.
• 9:43
  Remember what they're saying.
• 9:45
  No matter how idiot proof you make a system, they'll always make a better idiot.
• 9:49
  The point of these processes is to mitigate the opportunity for these mistakes to happen.
• 9:56
  And if they do happen, mitigate their impact.
• 10:00
  And I bring this up because if we're talking, I don't know the laws in Arizona, but if they found these ballots three days later, but they were cast in time.
• 10:11
  Well, and I don't know how they verified that they were cast in time, but okay.
• 10:16
  Uh let's assume they were.
• 10:19
  Would the case that of the Mississippi case that Supreme Court's looking at have any would this have any impact on that case?
• 10:26
  Hey, we found a mistake.
• 10:28
  It took us a while to tabulate, it was three days, and we did tabulate them and we did include them, but that only would have worked if we had these extra days to uh uh to tabulate and report.
• 10:42
  Which gets back to the question of well, wait a second, if Congress sets a day for um electors to be appointed.
• 10:51
  Do they build into that time after election day?
• 10:55
  You can't see what I'm talking about.
• 10:57
  There are these subtle little things that that actually can snowball and become bigger and bigger issues.
• 11:04
  And since so many of these issues have ended up in court cases.
• 11:10
  Um we expect to see the Supreme Court weighing in on more and more elections, not just the election laws that they're looking at in Mississippi, but the impact that those laws have potentially on the outcome of elections.
• 11:27
  And again, remember, if our elections do not are do not represent the will of the actual will of the voters, then we are not a republic anymore.
• 11:38
  Let me say that again.
• 11:39
  If our the election results do not accurately reflect the ballots cast, the legal ballots cast, the will of the voters, then, and not the will of voters, someone claims as the will, the actual will of the people who voted.
• 11:54
  Well, then we're not a republic anymore.
• 11:56
  We're certainly we've never been a democracy.
• 11:58
  We're not a republic.
• 12:00
  We become something else.
• 12:02
  Something between uh an oligarchy and uh a form of dictatorship.
• 12:08
  That's why elections are so important.
• 12:11
  And I think that's why the rules, the laws by which we conduct our elections are so important, and the rules we use to help mitigate mistakes, honest mistakes, and intentional intentional fraud are all important because if we're no longer republic, if the the if the flag of the United States no longer stands for a republic, then where is freedom in the world?
• 12:39
  Because you look at at Europe, they become less and less free as it become more and more socialist.
• 12:45
  Where do you turn if the United States is no longer a republic?
• 12:51
  You know, the declaration of independence says that governments get their just powers from the consent of the governed.
• 12:59
  Again, we consent to our representation through voting.
• 13:04
  If you don't vote, you got no say in it.
• 13:06
  You've you know that's neither here or there.
• 13:09
  But the consent of the governed, us choosing our representatives, and then holding them accountable for their decisions is the fundamental keystone cornerstone foundation of the protection of our rights, the protection of our liberty.
• 13:27
  And if we lose that, we've lost what makes America unique.
• 13:33
  So I'm gonna follow this case in Mississippi.
• 13:36
  Uh I'll keep an eye out for what's going on in Arizona.
• 13:39
  I I my gut instinct is this was a simple human error.
• 13:44
  It was a one-off mistake.
• 13:46
  Uh, I would be curious to see what Arizona and possibly other states and counties, how they plan to improve their system to minimize these errors.
• 13:57
  One of the things I used to do is I used to write processes specifically to prevent human error.
• 14:05
  So I understand, you know, you're never gonna get all of it, right?
• 14:10
  You're always gonna there's always gonna be somebody that there's always gonna be a situation you never thought of, you never considered.
• 14:16
  But here's a scenario that says, hey, maybe part of the ballot process, not just in Mariacopa County, but all around the country, is to have these these areas where ballots are stored temporarily, double checked before the count is finished.
• 14:34
  You know, maybe have two people look in it instead of just have one person walk by it.
• 14:39
  Not perfect, but maybe there's a lesson to be learned here.
• 14:43
  Now, I have some other cases and stories I want to take a look at, but uh as you know, I have a break coming up, and it's important to keep the the this program up and running, take those breaks.
• 14:53
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• 16:43
  That's right.
• 16:44
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• 16:50
  These 13 colonies became free and independent states.
• 16:54
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• 16:59
  So I'm really excited about this semi-quincentennial.
• 17:02
  I think it's an excellent opportunity to not only celebrate our history, but to remind ourselves what this nation is all about, to study the Declaration of Independence.
• 17:13
  And while you're at it, study the Constitution as well.
• 17:16
  Use this anniversary, this 250th anniversary, the semi-quincentennial, as the impetus to read and study the Declaration of Independence.
• 17:26
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• 17:31
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  You rejoin the Constitution study today.
• 21:33
  We're looking at uh the Supreme Court's new term and and uh maybe what we can glean from the cases they've decided to take, the cases they've decided not to take, and uh maybe a couple of decisions that have come along the way.
• 21:45
  One of the cases that has been getting a lot of scrutiny uh actually was a case from Kentucky County Clerk Kim Davis.
• 21:53
  You may remember she was jailed when she declined to issue marriage licenses based on her religious objections.
• 22:00
  This was um uh, you know, this was at the time when Kentucky did not recognize same-sex marriages.
• 22:08
  Now she has asked the Supreme Court to consider overturning the 2015 O'Burgerfeld decision, um, claiming it was a a legal fit based on a legal fiction of substantive due process.
• 22:25
  Now, again, this all goes back to the due process clauses in both the fifth and fourteenth amendments.
• 22:30
  Looking at the free legal dictionary, uh, we read in general, substantive due process prohibits the government from infringing on fundamental constitutional liberties.
• 22:40
  By contrast, procedural due process refers to the procedural limitations placed on the manner in which a law is administered, applied, or enforced.
• 22:50
  Uh I'm still trying to figure out what they're talking about here.
• 22:55
  Because again, you're coming back to constitution that according to the free legal dictionary, constitutional liberties.
• 23:02
  Um, okay, the constitution says you cannot be deprived of life living property without due process of law.
• 23:09
  Um, I'm still trying to figure out where this falls in.
• 23:12
  Because my big issue with obergapil is not simply a question of due process, it's a question of federal power.
• 23:21
  You see, the 10th Amendment says a power not delegated to the United States by the Constitution, nor prohibited by to the states, are reserved to the states respectively of the people.
• 23:30
  That word reserves important.
• 23:32
  The states have the uh the since the definition of marriage is not a power delegated to the United States, then it's reserved to the states, in which case Obergafel um basically just overrode the Constitution, says, we know better, even though this should be a state power, we're going to say it's a federal power because you're depriving people of a liberty.
• 23:58
  But it's interesting, it's a liberty to rewrite the English language.
• 24:03
  In other words, can the federal government simply say um up is now down and down is now up?
• 24:09
  Well, that would kind of make sense.
• 24:11
  They don't have the power to do that.
• 24:12
  But it's effectively what the court did.
• 24:15
  Marriage, which through pretty much all of history has been a man and a woman.
• 24:21
  There are some outliers that involved a man and multiple women, but for the most part, a marriage was a man and a woman, and the court simply said, no, we're going to rewrite that because people who cannot participate in marriage want something called marriage.
• 24:38
  I know that's unpopular nowadays, but that's what it said.
• 24:41
  That's what they that's what they did.
• 24:43
  So I wasn't really surprised that the court did not pick up this case.
• 24:47
  Now, again, the court gets thousands and thousands of what are called petitions for a right of sortiari or the right to be heard.
• 24:56
  And they only take about a few dozen a year.
• 25:01
  So the vast majority of these petitions, the answer is no.
• 25:05
  And uh Ms.
• 25:06
  Clark's petition, the answer was no.
• 25:10
  Um, and I'm not really surprised.
• 25:13
  Because I really don't see the court in a position where they're ready to reconsider a burger fill.
• 25:19
  But then again, that would have been said about the court for the was it, 50 years before they overturned Roe v.
• 25:26
  Wade.
• 25:28
  So possibly, maybe not today, maybe in the future, the court will realize that they overstepped the mark.
• 25:35
  They overstepped their legitimate powers when they told states that you have to define marriage a certain way, even though the Constitution doesn't delegate to the federal government the authority to do that.
• 25:48
  Again, we're talking about marriage.
• 25:52
  An institution that predates not only this government, but predates government, period.
• 25:58
  The the joining of a man and a woman to create a family, predates the creation of government.
• 26:05
  And to um simply change that because of a political minority.
• 26:11
  To me, that's the court overstepping its mark.
• 26:14
  But uh, we'll see, only history will tell.
• 26:17
  It like I said, it took 50 years for them to realize that when the government when the uh constitution does not give the the federal government the right to regulate abortion, then they can't regulate abortion.
• 26:29
  Maybe it'll take another well, let's see, we've been 10 years, so maybe it'll be another 40.
• 26:34
  Hopefully less.
• 26:37
  But we'll see, because the longer it takes, the more harm, the more damage uh of these these that will come from uh a change.
• 26:46
  It gets harder and harder to change.
• 26:48
  Now, the court has held oral arguments in another very important and to me very interesting case.
• 26:54
  This is Learning Resources Inc.
• 26:56
  versus Trump as president of the United States.
• 26:58
  And it really gets the question of the tariffs.
• 27:02
  Does the president have the legal authority to issue these tariffs?
• 27:08
  Now, under Article 1, section 8 of the Constitution, we read that that the Congress shall have the power to lay and collect taxes, duties, imposts, and excises.
• 27:18
  So, okay, what is a tariff?
• 27:21
  Well, again, going to the free legal dictionary, a tariff is a list of items upon which a duty is imposed when they are imported into the United States, together with the rates at which such articles are taxed.
• 27:36
  So the word tariff isn't in the constitution, but if a tariff is a list of items to which you're going to collect a duty, and the rate at which those items are taxed, that would seem to be a power of Congress, would it not?
• 27:52
  Well, Donald Trump said that under a law known as AIPA, IEEE PA, uh, I forget what it that all stands for.
• 28:00
  It gives the president the ability to regulate form parts of foreign commerce that would include the ability to establish tariffs.
• 28:11
  Now, I haven't reviewed this.
• 28:12
  This is on my docket to look at, but uh to me that's an interesting question.
• 28:17
  Did Congress, through this law known as AIPA, grant to the president the authority to regulate foreign commerce, a power given to it by the Constitution?
• 28:29
  In other words, is he simply exercising a law that Congress passed to regulate foreign commerce?
• 28:36
  Or did he go beyond the actual statutory limitations?
• 28:40
  Now again, I'm I'm gonna go do a deep dive on this case.
• 28:45
  Um, it was a fairly substantial oral arguments if if memory serves.
• 28:50
  So, you know, this was like two and a half hours of oral arguments.
• 28:54
  It's gonna take me a while to get through.
• 28:56
  But I'll let you know as I dig through it and see what else you come out.
• 28:58
  But again, it's a scenario, it's a question of the separation of powers.
• 29:02
  Remember, Congress passes a law, the president executes the law.
• 29:06
  All executive powers vested in a president.
• 29:09
  So if Congress says, here's how you're to do interstate or foreign commerce, and the president is doing that, is that legal?
• 29:19
  Or does AIPA not include the power to uh well regulate uh duties?
• 29:26
  Because the tariff is just a list of duties.
• 29:28
  And you know, so uh I I courts just getting into this, they just had all arguments.
• 29:34
  Um I think this is gonna be an interesting case for a couple of reasons, not simply because um it's a case involving Donald Trump, which always gets a lot of attention, but it's a separation of powers question, and it really brings well will hopefully help give me information to answer the question that I've been key uh I kept asking is does Donald Trump have the legal authority to issue these.
• 30:00
  Tariffs.
• 30:01
  Um, I'm not saying that the court will the court will come up to a decision.
• 30:05
  I want to look at the evidence and see what what the both sides say is their their evidence for whether or not he had this power.
• 30:13
  And of course, that's going to create an interesting backlash.
• 30:16
  If the court says no, Trump didn't have the power.
• 30:19
  That's going to create quite a backlash with our foreign relations.
• 30:25
  And contrary to some of the reporting I've heard, uh, no, the president doesn't establish foreign policy.
• 30:31
  Congress does.
• 30:32
  By law, uh, our relations with our commerce relations, our financial relations are established by Congress, not the president.
• 30:42
  In fact, any agreement the president wants to make with a foreign nation isn't the law until it's ratified by the Senate.
• 30:49
  That's called a treaty.
• 30:51
  So uh yeah, the the that it's gonna have long-term impact.
• 30:55
  Now, of course, Trump, the politician that he is, wants to uh uh can of I I don't know if he's trying to muddy the waters or if he's just trying to get people to be happy with uh with the idea of tariffs and support them.
• 31:12
  He wants to bribe you with a $2,000 check.
• 31:15
  He says he says a dividend of at least $2,000 a person, not including high income people, will be paid to everyone.
• 31:23
  This is something he posted on Truth Social.
• 31:27
  Um so okay.
• 31:30
  Um to me, this is I mean, this is a flat out bribe.
• 31:34
  It's like people who've been harmed by tariffs, people hear bad stories about tariffs.
• 31:38
  Here's what we're gonna do.
• 31:39
  We're just gonna cut you a check and then you'll shut up.
• 31:42
  That seems to be the expectation.
• 31:45
  But to me, I see a couple logical problems with this.
• 31:48
  Uh, first of all, well, all you're doing is to continue to exacerbate our debt problem.
• 31:55
  If there are 330 million, let's say 300 million Americans, just make the life just make the numbers simple.
• 32:01
  So let's see, that's um the 300 million Americans at 2,000 each.
• 32:05
  You end up with what, 600 billion dollars?
• 32:09
  That's not pocket change, but that would put a significant dent into the federal deficit, meaning we'd be borrowing less money.
• 32:18
  And okay, so uh 2,000.
• 32:20
  And I love it.
• 32:21
  This is not including high income people.
• 32:24
  Oh, so we're back to the class warfare nonsense of uh this only goes to people who um somebody comes up with an arbitrary high income and you don't get you don't get the check.
• 32:36
  It's a bribe.
• 32:37
  I mean, he might as well just you know walk up and hand you a bag full of cash.
• 32:41
  That's what he's doing.
• 32:42
  He's not alone.
• 32:43
  Senator Hawley of Missouri tried to do the same thing.
• 32:47
  He wanted to provide a $600 bribe called a tariff rebate.
• 32:53
  Um, but here's the interesting thing.
• 32:56
  See, by wording these as as rebates as dividends, what you're really saying is listen, the tariffs are too high.
• 33:04
  It's harming the American people, but rather than lowering the tariffs, we're gonna send you a check to offset the pain that's caused by the tariff.
• 33:13
  You not only does that not that doesn't work in the long run.
• 33:18
  Because you say everybody gets the same, not everybody was harmed the same, nobody paid the paid for higher prices the same for those tariffs.
• 33:28
  So again, what you're really doing is you're bribing the American people by sending it by handsively handing them cash.
• 33:34
  Now, if we didn't run a trillion dollar budget deficit every year, and Trump said, Oh, we're you know, we want to use these the this uh this tariff as a foreign policy as opposed to a a revenue generating tariff.
• 33:50
  We're more about uh uh adjusting how other nations deal with us economically.
• 33:55
  So we're going to do a refund.
• 33:58
  Yeah, kind of like they do, was it in Alaska with the oil, where every Alaskan citizen gets a check every year for uh uh the profits from from pumping oil.
• 34:08
  There might be some logic and reason to them, but that isn't what's going on here, not from what I've seen.
• 34:14
  What I've seen is Trump is using this uh the tariffs again for political purposes.
• 34:20
  Uh, you know, he's he's going in and saying, I mean, the court will will weigh in on the legality of how he's doing it, but he's saying, listen, these these nations have been ripping us off, and we're going to punish them through these tariffs.
• 34:33
  It harms, you know, their American people are being hurt by it, so our solution will be to simply pay them off.
• 34:41
  But I'm wondering, is that bribe going to bring sympathy to the American people to continue and maybe even expand the tariffs?
• 34:48
  Hey, those tariffs are giving me $2,000 check, and you know, maybe I'll get one next year, or it again, it's the purpose of a bribe, right?
• 34:57
  To manipulate someone's decision making through offering something of value.
• 35:02
  In this case, like I said, a $2,000 check.
• 35:07
  So, yeah, we're gonna be busy here at the Constitution Study for a while, looking at what's going on in the courts.
• 35:12
  Uh, of course, you can always follow up with the articles I've working, go to Constitution Study.com.
• 35:18
  You can sign up and be notified when I release articles and videos.
• 35:22
  You can follow my news, the things the news items I find important.
• 35:26
  Um, all of it there at Constitution Study.com.
• 35:29
  I have some other things I want to look at.
• 35:30
  They're not really Supreme Court related, but they are legally, there are legal issues that I want to look at, but I have to take a break before I do that.
• 35:39
  Before I go, I want to remind you that you know uh our rights or liberties are under attack, and not just from government.
• 35:46
  There are plenty of organizations that don't like the freedoms and liberties that you enjoy.
• 35:51
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• 35:57
  So let's stop funding those corporations that are fighting to destroy our rights.
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• 36:59
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• 37:03
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• 37:06
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• 37:14
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• 37:17
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• 37:28
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• 37:40
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• 40:18
  Welcome back, every day, Americans you've rejoined the Constitution study.
• 40:22
  And well, today we've been looking at the SCOTA's term, but I got a couple other legal items I want to cover before we close out today.
• 40:29
  And this one, you know, uh sometimes the truth is so strange, you wonder what's going on.
• 40:36
  I mean, the irony is so thick you could cut it with a knife.
• 40:40
  Anyone remember Letitia James?
• 40:42
  Remember the New York attorney general that uh um ran on getting Donald Trump that uh basically made up a court case against him uh mortgage fraud, claiming that his what that when he uh got a mortgage on I think it was on Mar-a-Lago, that well, he improperly valued it, even though the valuation was less than neighboring properties.
• 41:08
  Even though the bank had absolutely no problem, he paid off the loan, everything was fine, the bank was happy, and the bank was happy to do business with again.
• 41:16
  She pressed criminal charges in the state of New York, claiming mortgage fraud, only later to be charged with mortgage fraud.
• 41:26
  This time making claim false claims about her primary residence to get a uh to get um um better terms on her mortgage.
• 41:37
  Well, now this very same Letitia James who ran uh politically on targeting Donald Trump, who made up a fake charge against Donald Trump, and then also escalated that charge.
• 41:53
  Um she's asking for the mortgage fraud charges against her to be dismissed, claiming that they're politically motivated prosecution.
• 42:05
  In the court filing, she say this lawsuit in A.
• 42:08
  G.
• 42:08
  James' outspoken criticism of the president triggered six years of targeted attacks.
• 42:13
  President Trump and his allies have used every insulting term in their vocabulary to deride A.
• 42:18
  G James and call for criminal penalties and retaliation for the exercise of her rights of fulfillment of her statutory duties to fulfill her obligations as New York State's attorney general.
• 42:30
  Sorry, but that not only is that not spell pass a smell test.
• 42:34
  I mean, this is beyond the pot calling the kettle black.
• 42:37
  I mean, did she forget that she spent years with targeted attacks against Donald Trump that she called him every insulting term, apparently she could come up with, and that uh even without real evidence, was able to get a grant, it was able to get a grand jury to indict him basically by lying to the grand jury, and now she's upset that she's got caught.
• 43:00
  Again, the question really is the claim is that she claimed primary residence in Virginia in violation of New York State law.
• 43:12
  According to New York State law, the attorney general must be a resident of the state.
• 43:16
  But she claimed a primary residence in Virginia while also claiming a primary residence in New York.
• 43:22
  And when she bought the place in Virginia, she made several claims, not only that was a primary residence, but that she would not be subletting it, but she never lived there.
• 43:30
  It was for was it her daughter or something like that?
• 43:33
  I mean, yeah, she claims this is politically motivated.
• 43:37
  Now, I'm not saying there isn't some political motivation.
• 43:40
  I'm sure there are people, including Donald Grump that are just you know rubbing their hands going, oh yes, please, this is great.
• 43:48
  But you're telling me the charges are politically motivated.
• 43:51
  Um I'm I'm I'm sorry.
• 43:54
  Uh that just doesn't that doesn't hold.
• 43:56
  I'm hold water.
• 43:58
  It'd be one thing if they didn't have documents showing that she claimed primary residence in Virginia while she was the attorney general in New York, that she on documents that that it was going to be her residence and she wasn't going to sublet it, but then rented it out to her her daughter.
• 44:16
  Um yeah, because there wasn't evidence that that'd be that'd be a little easier claim if there wasn't evidence that uh there actually was criminality interactions.
• 44:26
  Meanwhile, a U.S.
• 44:29
  appeals court has apparently resurrected Donald Trump's case to dismiss the the business record conviction that he received from New York State.
• 44:42
  You see, a panel of judges on the second circuit court of appeals reversed the order of a lower judge, saying the judge bypassed what they consider to be important issues bearing on the ultimate issue of good cause.
• 44:57
  Now, the court didn't weigh in on the merits of the case against Trump, only that the district judge didn't follow the proper procedure.
• 45:06
  He they he basically ignored um the the certain issues that were brought forward revol about whether the case was solid.
• 45:16
  But now uh let's be what you think of Trump.
• 45:18
  I have one thing.
• 45:19
  This actually is not yet a legal issue, but I'm kind of curious about it.
• 45:24
  Have you heard about Trump's plan to offer 50-year mortgages?
• 45:29
  So apparently Trump wants the uh federal housing finance agency, uh, you know, Fanny was it, Fannie Mae, Freddie Mac, whatever they want to to support, they want to buy up 50-year mortgages.
• 45:42
  Um this, by the way, is based on a post on X by the uh director of the Federal Housing Finance Agency, William uh Poult.
• 45:52
  Now, okay, let's start with the uh the fiscal last point.
• 45:57
  50-year mortgages.
• 46:00
  Now, apparently, although I'm sure Trump is aware how compound interest works, the entire country has lost the basic financial understanding of being able to afford something.
• 46:15
  Now, uh just so you know, I I've I've had mortgages before, right?
• 46:20
  I bought a home in New York, I had a mortgage.
• 46:22
  I bought a home down here in Tennessee, I had a mortgage.
• 46:26
  Now, in both cases, um, they were well, yeah, they were 30 years mortgages.
• 46:32
  New York was a 30 year.
• 46:32
  I don't think that the, I think it was a 15 year down in Tennessee.
• 46:35
  Uh, because my goal was to pay them off way, way early.
• 46:39
  Now, the reason I do that is because the longer you have a mortgage, the more it costs you.
• 46:48
  So your your monthly payments, it reminds you of a scenario where you know you're going to buy a car, and you notice they don't talk to you about the cost of the car, they talk to you about the monthly payments.
• 46:58
  And people look and say, Well, I can make that monthly payment, so they buy the car, not realizing, well, that monthly payment was the actual cost of the car.
• 47:07
  Now, since in a 50 year compare a 30-year to a 50-year mortgage, 20 more years, that means two things.
• 47:13
  Since it's stretched out longer, more of your payment goes towards interest than principal.
• 47:23
  Meaning you don't drop down the value of your principal for a longer period of time.
• 47:29
  Fiscally, this is crazy.
• 47:31
  But they're saying, well, we want to help young people.
• 47:34
  Um, what they they call ensure the American dream that they can own a home.
• 47:40
  Well, not everybody dreams of owning a home.
• 47:43
  But let me ask you, if you have a 50-year mortgage, do you own the home, or are you just renting it from the mortgage company?
• 47:50
  Because guess what?
• 47:52
  How many people are going to be able to pay off a 50-year mortgage?
• 47:56
  And of course, that's assuming you stay in that home 50 years.
• 47:59
  You don't stay in the home 50 years, you're going to roll that mortgage into something else when you buy another home.
• 48:04
  But here's the thing, I haven't seen anybody talk about.
• 48:07
  Um, the federal government is it's it is prohibited.
• 48:11
  It is illegal.
• 48:12
  Fanny May, Freddie Mac, them getting into the mortgage industry.
• 48:15
  It's illegal.
• 48:16
  It's it's truly it's a violation of the Supreme Law of the land.
• 48:20
  Because offering or subsidizing or holding mortgages is not a power delegated to the United States.
• 48:28
  Therefore, it is ill it is illegal for them to do so.
• 48:32
  Congress created an unconstitutional law when they created Freddie Mac and Fannie Mae.
• 48:36
  That makes that law um void and uh and null.
• 48:41
  It doesn't exist.
• 48:42
  Those by the way aren't my words.
• 48:44
  Alexander Hamilton, Federal 78, the Supreme Court in Marbury versus Madison, ex parte Seabull, Norton V.
• 48:50
  Shelby County, all said that an unconstitutional act is void.
• 48:54
  And now we have the president again trying to bribe the American people.
• 48:58
  Remember back, you know, $2,000 for the tariffs.
• 49:01
  Now we're gonna bribe him saying, hey, we'll offer you 50-year mortgages, not realizing what they're actually doing is ripping off the American people.
• 49:10
  If you can afford a 50-year mortgage but not a 30-year mortgage, you can't afford the house.
• 49:16
  If you can make payments on a 50-year mortgage but not a 30-year mortgage, you cannot afford the house.
• 49:23
  In general, I would say that is that's true.
• 49:25
  The one exception would be if you did kind of what I did up in New York, and that is I got a 30-year mortgage, but I paid it off in 15 by doubling the principal payments every month.
• 49:40
  Right.
• 49:40
  So, you know, I I when I paid when I when I paid my mortgage, I always took the on a principal and added that to it, so I'd pay it down quicker.
• 49:48
  So I had my 30 year mortgage was actually a 15 year mortgage.
• 49:52
  And it worked because as the years went by and I got raises and I got promotions and I got.
• 50:00
  Better offers, I could afford paying more and more for my mortgage.
• 50:03
  That wasn't written in the contract.
• 50:04
  That was me.
• 50:05
  That was how I did this.
• 50:07
  So I look at this saying, okay, the federal government is going to offer a is going to subsidize a 50 year mortgage, which is going to mean they're going to collect more interest on those mortgages.
• 50:20
  They're also going to put mortgages in the hands of people who are less likely to be able to own to afford the home to begin with.
• 50:29
  To me, it's it's an exit setup for the mortgage crisis.
• 50:33
  First you had uh subprime mortgages.
• 50:36
  Now we're just gonna say, well, yeah, you're not you're not qualified for a 30-year mortgage, but hey, we'll give you a 50-year mortgage.
• 50:43
  Isn't that just another version of the subprime mortgages that led to the the 2008 crash?
• 50:50
  But it also ignores why, you know, they say, well, we're gonna do it because housing prices have become they're going up.
• 50:58
  They've gone up, according to um uh FIFA 2.3% in a year from August of 24 to August of 25.
• 51:07
  They went up 2.3%.
• 51:09
  Well, we have to order, you know, we have to charge people more interest overall in order to get them into these mortgages so they can afford that.
• 51:15
  How about why are housing prices going up so much?
• 51:19
  I bet you if we actually looked at the details, we'd find things like government manipulation, government regulation, and government malfeasance as a prime contributor to the rising housing prices.
• 51:33
  Now, some of it's going to be the tariffs, some of it's going to be the housing pressure from the number of illegal aliens allowed in this country.
• 51:40
  A lot of it is going to be regulations at the city and state level that drive prices up.
• 51:45
  Just look at New York City and San Francisco.
• 51:48
  Their prices are holding up are outrageous because of the restrictions they put on people's ability to build houses and do so affordably.
• 51:58
  I mean, I look at these 50-year mortgages as like one step behind state lotteries.
• 52:04
  Because you know the lottery, a lottery is a tax on people who are bad at math.
• 52:08
  So they'll they play the lottery hoping they'll win, not realizing that odds are highly odds are they're gonna spend more on the lottery than they'll ever win back from it.
• 52:20
  Well, this is kind of the same thing.
• 52:22
  Oh, I can't afford a 10, 15 or 30 year mortgage.
• 52:25
  How about a 50 year mortgage?
• 52:26
  I'll get my payments down, but it's gonna cost me, and I don't know what the numbers are, but I wouldn't be surprised if it cost almost double in interest to go from a 30-year mortgage to a 50-year mortgage.
• 52:37
  But I did find a mortgage calculator that would do 20 years to um 40 years.
• 52:45
  And guess what?
• 52:47
  The even though your payments went down, the overall cost, the amount of money you spent was dramatic different.
• 52:55
  A 20-year mortgage, you pay overall you'd spend about 468,000 for a 350,000 home, uh, 10% down, four and a quarter percent interest, right?
• 53:06
  Just I just use the same numbers.
• 53:08
  Yes, your monthly payment would go down if you went to 40 years, but your total cost was over $350,000.
• 53:16
  You paid over 180,000 more for the same house by extending the loan out.
• 53:21
  I'd be curious to see what those numbers uh anybody uh, you know, if you've got the tools, curious, what would you actually cost to go from say a 20-year mortgage or to a 30-year mortgage to a 50-year mortgage?
• 53:33
  Um, yeah, people don't, we don't teach this in school, so people don't know, and they think, oh, I can make the payments, not realizing what it's actually costing you.
• 53:43
  And again, I think that's important.
• 53:45
  What is it actually cost?
• 53:46
  What's the actual cost of the home?
• 53:50
  And all the the difference between those two numbers is interest that get paid to the bank, or in this case, if it's picked up by Fannie May or Freddie Mac, guess what?
• 54:00
  It's interest paid to these government, these federal corporations that were illegally created to get you into this.
• 54:06
  So, yeah, this just once again, the government ripping you off.
• 54:10
  Now, if we had a Supreme Court that actually understood the Constitution, I mean, if we had attorneys that actually were taught what the Constitution actually says, not what judges say it says.
• 54:21
  If we had judges that fulfilled their oath to support the constitution, maybe we wouldn't have some of these, or at least maybe they would be brought out in the open.
• 54:29
  But they're not.
• 54:31
  So we look at the courts, and the court, the everyone's waiting to see what the Supreme Court decides as if it's the Supreme Law of the land.
• 54:37
  It is not.
• 54:38
  Read Article 6, Clause 2.
• 54:40
  The judges are bound to the Constitution, not the other way around.
• 54:44
  And we come and look at these cases.
• 54:47
  We keep it's almost like we're not a republic anymore, because we keep waiting for the Supreme Court to decide each and every aspect of our lives.
• 54:56
  Ladies and gentlemen, that is not a republic, that's an oligarchy.
• 55:00
  And more and more, that's exactly what we're looking like.
• 55:04
  So once again, okay, great.
• 55:06
  We've got the Supreme Courts in session.
• 55:09
  They're gonna be uh deciding certain cases.
• 55:12
  I'll be looking at several of them.
• 55:13
  We'll take a look and see if they're actually constitutionally sound decisions or not, you know, or sometimes you get the right decision for the wrong reason.
• 55:22
  We see a lot of that.
• 55:24
  But that's gonna be, you know, the next several months you're gonna see a lot of cases, some involving Trump, some involving other people, many of them involving your right, your ability to live free, to not be deprived of your life, liberty, or property without due process of law being decided by an oligarchy of nine justices in black robes, many of which apparently need a reading comprehension program.
• 55:48
  And for one of another, you can't say that about the Supreme Court.
• 55:51
  I can say anything I want.
• 55:54
  It's the beauty of freedom of speech.
• 55:56
  And being that the Supreme Court is part of government, I have the right to seek them as a redress of grievance.
• 56:02
  So yeah, I have a lot of grievances with the court.
• 56:05
  I have a lot of grievances with the the attorneys.
• 56:08
  Um, I see I see when I especially when I see people some like Letitia James, you know, getting caught doing exactly what she accused Trump of doing, and then turning around saying it's all political when she politicized the process.
• 56:20
  I mean, look in a mirror.
• 56:23
  But I really want to come back to the question.
• 56:25
  Are we gonna live our lives based on a an oligarchy of nine judges, or we're gonna live free?
• 56:32
  And if we're gonna live free, we're gonna have to learn not just what the rules are, but how we can exercise them, do so legitimately, how we can defend and assert our rights, as John Jay said.
• 56:43
  That comes from meeting and studying the Constitution.
• 56:45
  And if you want help with that, hopefully, will you come back and join us here for the Constitution study on America Loud Talk Radio, heard on the iHeart Radio Network every weekday, 4 p.m.
• 56:55
  Eastern time.
• 56:56
  Now you can listen on the website through a media player, or we also have after Apple, Android, and Alexa.
• 57:02
  Now, if you can't listen, then all my shows go to podcasts, generally a day or two after they're heard on talk radio.
• 57:08
  So you can listen in your favorite podcast app.
• 57:10
  But do me a favor, subscribe to the show.
• 57:13
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• 57:16
  It helps the algorithm show us to more people who, well, hopefully they'll click the link, listen, and join us here at the Constitution Study.
• 57:25
  Speaking of links, all the links you need can be found at the homepage at America Outloud.news.
• 57:30
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• 57:32
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• 57:36
  It's the act of sharing that helps secure the blessings of liberty for everyone who calls this great nation home.