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States fighting back against Washington · 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
  Washington, D.C.
• 0:32
  has forgotten that they were created by the states, not the other way around.
• 0:36
  Then again, the states have forgotten this as well.
• 0:39
  There are some examples of states learning that the federal government was created to serve them, not the other way around.
• 0:46
  Hello there, everyday Americans, Paul Engel here with the Constitution Study, where we read and study the Constitution, teacher action generation be free.
• 0:53
  Glad you could join me today.
• 0:54
  I've got a pretty good episode, at least I think so.
• 0:57
  I hope you'll think so as well, because we're talking about not just states' rights, but states' power, states' role in this republic of republics.
• 1:06
  And uh I uh first of all, I love it, uh Tennessee, the volunteer states, volunteers are leading the way, and I have an excellent interview with one of our state representatives where we're going to give you some examples.
• 1:17
  But as I said, you we're starting in Tennessee, and um our state legislator, our general assembly has passed legislation that's on the way to the governor's desk that deals with renters' rights.
• 1:30
  Stay with me for a second, because again, when you rent properties, it's kind of weird dichotomy, right?
• 1:36
  Because you're not the property owner, but because you rent, you have a lot of property rights in that property.
• 1:44
  Well, this bill, which again is passed the legislature on the way to the governor's desk, it's called SB uh 0350, would prohibit landlords from restricting tenants from lawfully possessing and carrying firearms and ammunition inside their homes or apartments.
• 2:01
  These protections would be extended to uh parked vehicles in a tenant-designated space.
• 2:07
  So think of it this way, right?
• 2:09
  You you uh you find you're looking for a place, uh you want to rent for whatever reason, and you find a home, an apartment or a house, and uh then you find, oh, but you you can't you can't exercise your second amendment right in your own home because the property owner says so.
• 2:27
  Well, this law simply states no, you cannot prohibit someone from lawful possess keeping and bearing arms on property they rent.
• 2:37
  Now, it it's it's funny, I'm I'm preparing for to give a keynote at the uh I think it's a lake county uh chapter of the constitution party uh in a coup in a few weeks, and uh I was talking about the fact that they're the gunshine state, but let's see if I love Tennessee and I love their gun lots because it recognizes that as a renter, you have certain rights, and well, those rights really need to be protected, you know.
• 3:05
  The the one the the couple things about the Tennessee law that I find problematic involving guns.
• 3:11
  Um, for the one hand, the constitution claims that the that the right to keep and bear arms in Tennessee can be regulated for public safety in direct contradiction to the Constitution of the United States, which has supremacy, but that's one issue.
• 3:26
  Um, they kind of have this weird, it's not really constitutional carry, but it's it's a permitless carry, which is kind of this this odd situation.
• 3:33
  And I really hate the fact that in Tennessee, uh uh quote unquote gun-free zones, you know, if you put up a sign that says no guns, passing that sign is a crime, not simply trespass.
• 3:46
  It's its own separate crime.
• 3:47
  And I think that's that's a bit abusive, right?
• 3:50
  Because if you if you're not paying attention and you walk past it, uh, you know, or if you go by and nobody knows, you know, I it's I understand a person's right to control their own property, and I don't have a problem with that.
• 4:02
  Uh I just think the the punishment's a little a little harsh.
• 4:06
  But here we have Tennessee.
• 4:08
  Again, I don't know if the governor plans to sign this or not.
• 4:10
  I haven't read anything about it.
• 4:12
  I just saw this article and thought, well, that's kind of cool.
• 4:14
  You know, I I when my wife and I were first married, we rented property, and uh we never had issues like this, but I could see where that would happen.
• 4:24
  So uh again, I looked at this, I thought this was pretty good.
• 4:27
  These are the states protecting their citizens, and at least paying some attention to the impact illegal immigration has on the states, like this this other bill, which the Tennessee lawmakers decide that they're gonna delay action.
• 4:44
  They've they've kind of put a pause on this.
• 4:47
  They've defer the the General Assembly has deferred uh working on a bill that would require local law enforcement to report encounters with illegal aliens and local governments to track the cost of public services used by those illegal aliens.
• 5:04
  Uh so again, I I find this interesting because there's a cost, there's an impact.
• 5:08
  Now, there's a lot of politics behind this as well, right?
• 5:11
  Because um, you know, what are they trying to do?
• 5:13
  Well, again, the this appears to be uh attempts to um align Tennessee's immigration laws with uh the Trump administration's immigration policies.
• 5:26
  Um, but I look at this to me, it's interesting because again, I live in a county.
• 5:31
  Uh, my town is unincorporated, so I don't have a city government, but I do have a county government, and we pay for schools and we we've there are a lot of public services that a lot of people are saying, well, they're being used by illegal immigrants.
• 5:46
  I was as a as a citizen of this county, I would be interested in um in well, what are they costing us?
• 5:57
  Uh, you know, because again, I hear both sides say a lot of things.
• 6:00
  Oh no, they pay more in taxes than they cost.
• 6:02
  Oh no, they cost more than they pay in taxes.
• 6:05
  And I I see relatively little evidence for either side.
• 6:10
  There was one study done that looked at immigration as a whole, not just illegal immigrants, and said the first generation of immigrants tend to be a net cost to the to their community.
• 6:22
  It is subsequent uh generations that tend to be net increases, net positives, uh providers to their community.
• 6:32
  But that was immigration as a whole.
• 6:34
  This is looking at illegal immigration.
• 6:37
  And what are the costs, again, here in the local governments in the states and counties, or I said cities and counties, and of course that's gonna be rolled up to the state level.
• 6:46
  What is the cost of this illegal immigration and can we get real numbers behind it?
• 6:52
  Which to me, that's a good thing.
• 6:54
  That's that's information and that's data, and that is something I think we can use.
• 7:01
  And again, not just for our own benefit, but in the question of, okay, federal government, if you've passed this law and you're not going to enforce this law, this is the actual cost it puts on us when you do so.
• 7:14
  Um, there's another bill uh that passed our house, I guess it's still waiting for the Senate, and it deals with tracking the number of illegal aliens in school.
• 7:25
  This to me is interesting for a couple of reasons.
• 7:27
  One is, you know, okay, there is a cost to uh teaching children.
• 7:32
  There's a cost of having a child in public school.
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  And in fact, that is a debate within my county, the county I live in, because some of the developments that are coming in, um, the taxes raised from these houses doesn't cover the cost of a single child.
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  Meaning, if the in a development there's an average of just one child per home, then we're paying more in education than we're collecting in taxes, of course, was something we're else we're looking at.
• 8:03
  But there's another point to this as well, and that has to do with um a bill that was considered last year that pretty much died on the vine.
• 8:12
  And it was the idea of Tennessee no longer accepting federal education dollars.
• 8:18
  I tried, I wanted to testify in front of the committee.
• 8:21
  I tried to get in front of the committee, and I didn't get a chance because I wanted to point out two things.
• 8:26
  One is uh uh, well, you know, what you're talking about you're looking at the financial interest.
• 8:31
  What about the legal interest?
• 8:32
  How about the fact that the federal government, the department federal department of education doesn't legally exist because it was created by an unconstitutional act, which, well, Alexander Hamilton and the Supreme Court have all said that uh is is void.
• 8:47
  But this has to do with counting.
• 8:48
  How many uh the children in our public schools are immigrants?
• 8:54
  Now, this would be anonymized data, meaning this is not data that could be used for immigration enforcement, but it would be information that our school boards and districts could use in understanding where the costs of of where the children are coming from, and therefore the cost associated with them.
• 9:12
  And uh to me, that would be interesting information.
• 9:16
  They actually passed a second bill uh as well that would make it a class A misdemeanor to intentionally fail or refuse to leave the United States when subject to a final order of removal.
• 9:29
  This is a state crime, right?
• 9:32
  So if you are if this law again passes and gets signed, um if you are in the state of Tennessee and you have a final order of removal, meaning you have gone through all the due process, you've had your day in court, you you've been able to challenge it, and now you have an order of removal and you refuse.
• 9:54
  You don't leave, you you fail to leave on the right date, or you don't leave.
• 9:58
  It actually would be a crime.
• 10:00
  In Tennessee to remain in the state in the because it's part of the United States when you have a final order of removal.
• 10:09
  So again, you've got to process.
• 10:10
  I know people are going, oh my God, Paul, but but immigration is a federal power.
• 10:15
  No, it's not.
• 10:17
  Again, look at the Constitution of the United States.
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  The power to control immigration is not delegated to the United States.
• 10:24
  Congress can set standardized rules for naturalization, the process of becoming a citizen, but not for immigration, which means it's a state issue to begin with.
• 10:34
  Furthermore, it's even though you may have a federal order of deportation, a federal order of removal, to remain in the state still violates the rights of the states.
• 10:44
  The state it can still be a state crime for what you're doing.
• 10:47
  So again, these are a couple of, to me, interesting pieces of legislation where the volunteer state is helping to lead in uh the power of the states and um uh the exercise of of the power.
• 11:02
  And again, we're gonna get a little bit more into the the uh protecting us from uh an overarching and over an overreaching federal government.
• 11:13
  Now again, these are um three Tennessee laws uh that are in different stages of the legislation, right?
• 11:21
  Some are are still uh pending.
• 11:24
  Well, one has been passed and gone to the governor.
• 11:26
  Uh, but they are attempts within Tennessee to um enforce our own laws to recognize what's going on.
• 11:35
  And um I find this important because there's more legislation uh coming down the pike from uh the Tennessee legislature that again are dealing with the the overreach of of federal government that are recognizing the rules and laws.
• 11:51
  In fact, I stumbled across one of them.
• 11:53
  I was listening to a podcast and I heard somebody talk about one of these, and I reached out to the bill sponsor, uh, a state representative, Gino Bolso, and and had a chance to sit down and talk with him, and I was able to record it so that we can all enjoy it.
• 12:10
  But I'm not quite there yet.
• 12:12
  But I want you to consider this.
• 12:14
  As I said, the states created the federal government, not the other way around.
• 12:18
  The federal government was created to serve the states, not the other way around.
• 12:23
  Yes, we have the supremacy clause, but remember, only laws the United States made pursuant to the Constitution are the Supreme Law of the L.
• 12:31
  We're saying the federal government, you have these limited and enumerated powers.
• 12:35
  And sadly, our states seem to have forgotten this.
• 12:39
  And um, I know the feds forgot it, but the states have forgotten it as well.
• 12:43
  And I think it's important that we remind them of this.
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  We have elections coming up for state offices as well as House and uh I don't remember if our senators are, but there's a third of the U.S.
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  Senate that's up for for re-election.
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  It's time to remind them.
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  Hey, wait, wait, wait.
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  The states, you created the federal government.
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  You said it's its limits.
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  You set its boundaries, and it's up to the states to protect us from overreaching federal government.
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  It's why I say the 16th and 17th amendments to the Constitution destroyed the Republic.
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  They destroyed federalism.
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  Because before the 16th Amendment, the federal government didn't care how much you made or what you spent it on.
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  But with the implementation of a direct income tax.
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  Well, now the federal government wants to know everything you make and what you spend it on.
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  They want to know everything about your finance.
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  They get very nosy when they when they did that.
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  And of course, I know most people were coming up to April 15th in a few weeks.
• 13:45
  You know, most people hate the infernal revenue service and and the idea of taxes, but we gave it to them, and we didn't realize the damage it was doing to the republic.
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  The 17th Amendment, the popular election of U.S.
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  Senators.
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  Same thing.
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  So it used to be the U.S.
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  senators were appointed by the legislature of the states because the role of the U.S.
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  Senate is to represent the states in federal lawmaking.
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  Meaning when legislation would come along that infringed on states' rights, it was expected that the Senate would push back because those senators would be hearing from the legislatures saying you want to keep your job.
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  This is what you have to do.
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  And we lost it with the 17th Amendment.
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  It doesn't mean that that this the states gave up their power.
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  It simply they gave up the best way to keep the federal government in check by restricting its money and by restricting its legislative power.
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  And we're deal with suffering the consequences of those decisions, both by the way, from 1913, very much in the progressive era.
• 14:50
  But uh that doesn't mean the states have nothing they can do.
• 14:53
  There are things they can do, and they are pushing back.
• 14:57
  And uh after this break, I'm gonna have a nice little interview with uh state representative Gino Bolso, and we're gonna talk about some of the legislation that again, it's currently in Tennessee that will restore some of the powers that a overreaching federal government has uh claimed to take from us.
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  But here's the cool thing.
• 15:18
  Yes, this may be Tennessee legislation, but it's something you may want to replicate in your own state.
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  So hang around for that interview.
• 15:27
  Before I go, though, I want to remind you that this July is the semi-quincentennial of the Declaration of Independence.
• 15:35
  And the 250th anniversary of that wonderful document that declared 13 free and independent states.
• 15:42
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• 15:49
  Early bird pricing is running out soon.
• 15:51
  So if you want to get the pricing, go to America Outloud.news and click on the America Out Loud 250 slash 10 national and uh sign up.
• 16:01
  We're gonna have a we're gonna have speakers, it's gonna be days of entertainment.
• 16:04
  We're gonna have a wonderful fireworks uh display.
• 16:07
  It's gonna be a blast.
• 16:09
  And I'm hoping you can join me.
• 16:10
  And if you do, please look me up, find me, shake my hand, say hello.
• 16:16
  I'd love to meet you.
• 16:16
  I'd love to talk to you because I think to me, this is some of the best parts of these types of gatherings is meeting the people that I merely talk to most of the times.
• 16:25
  So again, head to America Outloud.news, click on the America Out Loud 250 slash 10 celebration, sign up before early bird pricing disappears, and I'm looking forward to meeting you and hopefully maybe some friends and family in Nashville this July.
• 16:41
  And hang around because after this break will be the interview with Tennessee State Representative Gino.
• 16:54
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• 19:46
  Welcome back, everyday American jury.
• 19:48
  Join the Constitution study.
• 19:49
  As promised, I have with me Tennessee State Representative Gino Bolso.
• 19:54
  He's not my representative, but he had some legislation that I think is worth looking at.
• 19:58
  Gino, welcome to the Constitution.
• 20:00
  Study.
• 20:00
  Thank you, Paul.
• 20:01
  It's my pleasure to be with you.
• 20:02
  We talked a little bit as I was getting set up about the transplants and all that.
• 20:07
  And what caught my attention was this one piece of legislation, which to me was unique because I have an attorney who's a politician that actually quotes the Constitution, which just warms my part.
• 20:19
  It it does.
• 20:20
  So please tell us a little bit about this legislation you've proposed.
• 20:24
  Sure.
• 20:25
  The bill you're talking about is known in the legislature as HB 1473.
• 20:31
  We call it the Obergefell bill.
• 20:33
  And as you and your listeners know, Obergerfell versus Hodges was a case decided by the U.S.
• 20:40
  Supreme Court back in 2015.
• 20:42
  It was a 5-4 uh decision written by uh Justice Kennedy.
• 20:47
  And somehow uh the majority uh looked at the 14th Amendment to the U.S.
• 20:53
  Constitution and in particular to the due process and equal protection clauses and said that the 14th Amendment uh guaranteed the ability of individuals of the same sex to marry, which was a very interesting take on the 14th Amendment, given that it was passed in 1868 at a time when all the states and all the voters who ratified it uh only had marriages between one man and one woman and all of the states that uh ratified the amendment.
• 21:22
  So it was a bit of a stretch.
• 21:24
  And we obviously, as a state legislature, do not have the ability to overturn a U.S.
• 21:29
  Supreme Court decision, but we can uh enforce it as narrowly as possible.
• 21:35
  And that's what this bill does.
• 21:37
  This bill says explicitly that the Supreme Court's interpretation of the 14th Amendment and Oberbell is not binding on private citizens in Tennessee or private businesses, and that's actually consistent with uh a century of Supreme Court uh jurisprudence because it's clear when you look at the text of the 14th amendment that it applies to state actors, not to private actors.
• 22:02
  It says no state shall deprive anyone of life liberty or property without due process of law, nor shall any state deprive anyone of the equal protection of the laws.
• 22:12
  So what this bill does is it makes it clear that although Obergafel binds uh the state and its political subdivisions, it does not bind private citizens in Tennessee or anywhere else.
• 22:23
  And you know, I loved it because it's it's what I refer to as an intot moment.
• 22:28
  I I heard this from another podcast here, I n T O T.
• 22:31
  I never thought of that.
• 22:32
  Okay.
• 22:32
  It's obvious once you said it.
• 22:34
  Once I I heard it, I'm like, it's obvious, but you're right.
• 22:38
  I never thought of that, which is to me, it's the wonderful part of this.
• 22:42
  There's there's things you can discover that are there that you never you never heard of.
• 22:45
  So where does the legislate legislation sit right now?
• 22:49
  Let's see, right now it has been uh passed uh on the House floor.
• 22:54
  Okay.
• 22:54
  Um, and obviously in Tennessee, as in most states, legislation has to pass both chambers of the legislature before it can be signed by the governor into law.
• 23:05
  And so right now in the Senate, it is waiting for action in the Senate Judiciary Committee, which I believe is set to hear uh the bill on Monday.
• 23:15
  So it's progressing, like all legislators legislation, contrary to popular belief, legislating was not meant to be a speedy activity.
• 23:24
  It's meant to be slow and pondering.
• 23:26
  And so um I'm I'm I try not to prognosticate, although I like this bill.
• 23:33
  I hope it goes well, not just for us here in the state of C Tennessee, but to remind people in the other 49 states that you know the constitution words mean things, and even if the Supreme Court gets things wrong, the 14th Amendment still says, well, that binds the state, you know, as a member of a church to say that you can't come in and force us to recognize same-sex marriages.
• 23:56
  It's a wonderful thing.
• 23:57
  Exactly.
• 23:58
  And you know, other organizations, uh, again, it's defending our rights, which securing our rights is the purpose is why we create governments in the first place, at least according to the Declaration of Independence.
• 24:09
  Um, do you have any other interesting legislation that is coming along?
• 24:14
  Or I think I've got several things that would fall into the category of interesting.
• 24:18
  Uh there's uh there's a bill that's uh going to be heard in our House Judiciary Committee next week called HB 1491 that seeks to put voluntary vocal prayer back into our public schools.
• 24:31
  Ah, as uh you may recall uh from the founding of the country or even before uh there was always voluntary vocal prayer in Bible reading, Bible study uh in public schools.
• 24:46
  Uh that was taken away in 1962 when the U.S.
• 24:49
  Supreme Court decided a case called Engel versus Vitale out of New York, as you're familiar with.
• 24:55
  Um by name and location, yes.
• 24:58
  And that was a case where once again, uh the Supreme Court uh looking back at the establishment clause of the First Amendment, said that having prayer in public schools violates the establishment clause, which as written applies to Congress, not to the states.
• 25:17
  Uh, number one, and number two, um, even after the establishment clause and the rest of the Bill of Rights uh were ratified on December 15 of 1791, prayer in public schools continued all the way up until 1962.
• 25:33
  So there were no one who voted in favor of ratification of the Bill of Rights thought that what they were doing was taking prayer out of public schools because it continued for 150 years.
• 25:43
  Yet now we have the enlightened uh Hugo Black, a former clansman in in 1962, uh reading the establishment clause as some type of a separation of church and state injunction, uh, which was never the case.
• 25:57
  And so we've got a bill that uh frankly on its face uh actually complies with Engel versus Vitale, but even if it doesn't, I think under our more recent Supreme Court precedence, uh the court uh, if faced with the issue will overturn Engel versus Vitale.
• 26:13
  So I think that qualifies as another interesting bill.
• 26:16
  I'm just thrilled to have an attorney that not only reads and quotes the constitution that it actually quotes the 14th amendment accurately and recognizes that the first amendment applies only to Congress, and that when the Supreme Court says, well, we incorporated the first amendment of the city to the 14th Amendment, it says no such thing.
• 26:33
  So that's kind of a pet peeve of mine.
• 26:35
  I reviewed a lot of Supreme Court cases right on the First Amendment.
• 26:38
  So wow, uh so that that's true for two.
• 26:41
  Anything else that uh other constitutional listeners would be interested in?
• 26:46
  Um probably so.
• 26:49
  Um, I've got another bill uh that is known as HB 1472 that we call the banning Bostok Act.
• 26:57
  Um Bost versus Clayton County, Georgia was a 6-3 decision from the Supreme Court from uh June of 2020, where the Supreme Court uh interpreted the term sex as used in Title VII of the Civil Rights Act of 1964 to include sexual orientation, gender identity, and gender non-conforming behavior.
• 27:22
  Um and your listeners will appreciate the fact that you know Title VII is the uh federal anti-discrimination statute that prohibits discrimination on five bases, you know, race, color, religion, sex, and natural origin.
• 27:38
  And for decades, Congress uh always tried to include and to add to that list sexual orientation and gender identity, and it never worked in both the Biden and Obama administrations, for example, there were bills called the Equality Act that were filed, but they went nowhere.
• 27:54
  Uh, but somehow the Supreme Court decided in 2020 just to go ahead and act as a super legislature and put sexual orientation and gender identity into Title VII.
• 28:06
  And so in to protect our laws here in Tennessee, I have a bill that says that uh for purposes of interpreting our state anti-discrimination laws, our state courts are not permitted to rely on Bostok, that they have to look at the term sex as our general assembly intended, which simply meant male or female, man or woman, because that's the type of discrimination that this Title VII, the Civil Rights Act of 1964 was getting at at the time.
• 28:37
  Discrimination, particularly against women in the workplace.
• 28:40
  Right.
• 28:40
  Biology.
• 28:41
  A biology.
• 28:42
  In the workplace, and of course, you had Title IX, which dealt with uh uh discrimination in sports, yes, and all that.
• 28:49
  But okay, so let's see, it's three for three, all of which involve how the Supreme Court has interpreted misinterpreted the Constitution.
• 28:59
  And I love the fact that you have a state standing up and saying, No, you got it wrong, but it's within our sphere, this is what it says.
• 29:09
  Uh it were hopefully would be a reminder to the those in federal government that the states created the federal government, not the other way around.
• 29:17
  Uh exactly right, Paul.
• 29:19
  And the shame of it is that our state governments for too long have allowed the federal government just to take over.
• 29:28
  You know, you go back and you look at the federalist papers in particular, Federalist 45 that James Madison wrote, where he talks about the fact that the powers of the federal government and the constitution he just drafted are few and defined, and the powers of the state governments are numerous and indefinite.
• 29:46
  And look at our society now.
• 29:48
  It's exactly the opposite.
• 29:50
  It's the states that have fewer and fewer powers, and the federal government is now all powerful because of the way it has expanded its role under the constitution.
• 29:59
  I mean, it's
• 30:00
  Started with Marbury versus Madison in 1803 with the concept of judicial review.
• 30:04
  And you look at the way that the uh Congress has used the Commerce Clause as a club to take over everything.
• 30:11
  And not to mention, you know, the now the federal use of executive orders to do things that even Congress can't do.
• 30:17
  And you've got, unfortunately, uh, constitutional form of government that is not what Madison and the other founders intended.
• 30:25
  And so it's important for state legislators to push back on federal overreach.
• 30:30
  And I think one can fairly say that Engel versus Vitale, uh, Ober Obergefell versus Hodges, uh, Bostok versus Clayton County, Georgia, or all federal overreaches.
• 30:41
  Now, I I'm gonna encourage you when you find some time to actually read the Marbury versus Madison opinion.
• 30:49
  Because uh the term judicial review does exist in the opinion.
• 30:53
  They said, yes, uh, we have the power.
• 30:56
  We must, when we review a case, we have to review the laws related to the case and determine which ones apply and when they're in conflict, which ones do we follow?
• 31:06
  And being the Constitution is the paramount fundamental law of the land, it must predominate.
• 31:12
  Which is why the court said, listen, Marbury is correct.
• 31:16
  He is due his uh his commission, commission as a justice of the peace.
• 31:22
  However, when Congress said that we would have the power to issue a rid of mandates against the president, that went beyond the powers delegated by the Constitution.
• 31:30
  So we cannot give him what it is, what is his right due.
• 31:34
  And uh, which brings you to a question.
• 31:36
  Again, you're an attorney.
• 31:38
  Uh, there are plenty of attorney jokes, and I gotta tell you attorney, but I do have a question I ask.
• 31:42
  Sure, every attorney I meet.
• 31:43
  When you were in law school, did you study the language?
• 31:47
  Did you take a class where you studied the language of the constitution or constitutional law?
• 31:52
  We studied constitutional law.
• 31:54
  Why would why would we read why would we read the constitution as part of that?
• 31:58
  Well, yes, because I'm still amazed that you get a degree in American law, a graduate level degree in American law without studying the Supreme Law of the Land, which to me says you should all demand your money back.
• 32:12
  Yeah.
• 32:12
  But it's I asked that because in the almost 10 years I've been asking this question.
• 32:18
  I've only had one man say he studied the constitution in law school.
• 32:22
  And it to me, it tells me a lot about the legal system, which helps explain why we end up with judges who don't recognize you don't have the authority to order the president around.
• 32:32
  They completely got forgot Federalist 78, Alexander Hamilton, that the courts have neither force nor will only judgment and ultimately depend on the executive arm for the efficacy of their decisions.
• 32:44
  And I'm I'm also obviously being somewhat facetious when I say we didn't read the constitution in law school.
• 32:48
  We we did, but there was uh a focus not so much on its language, but on its history of interpretation in the Supreme Courts.
• 32:57
  But one of the most interesting uh facts that uh I remember about Marbury versus Madison, obviously it was written by uh Chief Justice John Marshall, and John Marshall was the Secretary of State for John Adams, who actually signed the commissions that were to go to, among others, Marbury.
• 33:16
  And then when Thomas Jefferson won the election, uh, and uh James Madison became the Secretary of State.
• 33:23
  Uh Marshall had been appointed to the Supreme Court by that time.
• 33:26
  And so he was actually uh ruling on his own conduct, uh, which we would today think that might be a bit of a conflict of interest.
• 33:35
  But somehow, back at the time it wasn't view that way.
• 33:38
  Yeah, it's I love the I learned to love the history of the Constitution from things like like that.
• 33:45
  And um, you know, I find so many people have this impression of the Constitution.
• 33:52
  And I, you know, I refer to Starry Decisis to precedent as it's a it's a legal game of telephone.
• 33:59
  The Constitution says this.
• 34:01
  A judge says the Constitution meant that.
• 34:04
  Another judge says the first judge meant this, and you end up now generations later with these iterations of interpretations, but not going back to the original document.
• 34:15
  Me, I'm a horse's mouth type of guy, not the other end of the horse when I'm looking for information.
• 34:20
  So I find that, and again, I do with a lot of attorneys.
• 34:24
  Uh, I mean I'm I'm looking at attorneys in court.
• 34:26
  I'm reviewing some of the their arguments.
• 34:29
  To have an attorney that actually knows and quotes the constitution and is also in in elected office.
• 34:37
  Okay, you're not in my district.
• 34:39
  I can't vote for you, but this certainly would put you high in my list of people to vote for.
• 34:45
  Because I have a whole, I have a whole system.
• 34:47
  You know, I don't, I don't endorse people, I don't endorse parties, I endorse policies and the policy of saying, well, the constitution says this, and it's our job as the state in part to protect our citizens from a government overreach.
• 35:01
  Yes.
• 35:02
  And I I love to see that.
• 35:04
  I'm I'm very happy to have had a chance to meet with you and talk with you.
• 35:09
  Um so far, those three pieces of legislation are great.
• 35:12
  And I hope they do well, and I hope they inspire other people.
• 35:17
  Um, before I go, uh, is there anything you want to tell my audience, maybe a place I can go, they follow up, especially if they're in Tennessee.
• 35:25
  Um, sure, if you are someone who wants to follow our General Assembly in Tennessee, go to capital.tn.gov, and that's Capital with an O.
• 35:37
  And there you'll be able to find uh the text of all the bills that we've been talking about.
• 35:41
  You'll be you'll be having able to have access, uh live access to our committee hearings, and you'll be able to find amendments to bills and be able to follow any piece of legislation as it works its way through the General Assembly.
• 35:54
  Now, I will put a link to uh this piece of the the that legislation uh on the website when this posts so that people can follow it and see what's going on.
• 36:04
  Uh Gino, it's been a lot of fun.
• 36:07
  And thank you for your time and good good and blessings and good luck with the work that you're doing.
• 36:12
  And the same to you.
• 36:13
  Well, I thoroughly enjoyed that interview.
• 36:16
  I hope I have the opportunity to speak with Gino Moore.
• 36:18
  You know, it we talked about federal overreach and governments attacking our rights.
• 36:22
  Well, it's not just, it's not just governments.
• 36:25
  Our rights are under attack from well, other organizations, often funded indirectly through your dollars, not just tax dollars, but the money you spend with different businesses.
• 36:35
  So let's stop funding organizations that are supporting or those that are destroying our rights.
• 36:41
  Join the only Christian conservative wireless provider this nation has.
• 36:45
  Use your cell phone to defend your rights and the rights of your family, including the right to life, liberty, and the pursuit of happiness.
• 36:52
  Join me at Patriot Mobile today, get your line activated absolutely free by using the code Constitution at checkout.
• 36:58
  Just go to Patriot Mobile.com/slash Constitution, find a plan that works for you, see if you're eligible for a discount.
• 37:05
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• 37:09
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• 37:15
  Once again, that's patriotmobile.com slash constitution to find a plan and discount that works for you.
• 37:20
  And don't forget the Constitution as your promo code to get your new line activated absolutely free.
• 37:26
  I also hope you'll head over to AmericaOut Loud.news.
• 37:29
  I go there each and every day for news and information.
• 37:31
  And not just for the radio program and the website.
• 37:34
  We live in the information age.
• 37:36
  The days of corporate media being able to lie to us are over.
• 37:40
  We don't have to listen to them anymore.
• 37:42
  We can find our own news, but where do you go?
• 37:44
  Who do you trust?
• 37:46
  One of the ones I trust is AmericaOut Loud.news.
• 37:49
  Now it's a great place to go.
• 37:50
  You got great stories and articles you can read, but I'm going to ask you to share those as well.
• 37:55
  Yeah, they're great podcasts and videos, but share those too.
• 37:59
  So you'll be surprised how often people haven't heard this news because they still listen to the corporate media that's lying to them.
• 38:05
  So when you share those links, when you share the stories and the articles and the podcast and videos, you're not just sharing news.
• 38:12
  You're helping to secure the blessings of liberty for all of us.
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• 39:45
  Welcome back, everyday American Jeffrey.
• 39:47
  Join the Constitution study.
• 39:48
  And today we're looking at the powers of the state.
• 39:51
  We had a pretty good episode so far.
• 39:53
  We looked at what's been going on, and we focused on Tennessee because there was some cool legislation in place there or that's
• 40:00
  That's working its way through the process that uh is about pushing back on federal overreach.
• 40:06
  We had that interview with uh uh Gino Bolso.
• 40:09
  Um great, you know, a guy I just met him.
• 40:12
  I I I saw uh a story about one of his uh one piece of legislation sponsoring, and I decided it was worth some time.
• 40:19
  And man, I'm glad I did.
• 40:20
  He had three pieces of legislation right here in Tennessee that um well, they're pushing back on the Supreme Court overreach and government overreach.
• 40:31
  I and I love it.
• 40:31
  And by the way, if you want, I've put the links to all three uh pieces of legislation in the show notes.
• 40:38
  So when they hit the website, so you can look at them, and even if you don't live in Tennessee, man, this is something you can share with your state rep and state senator and let them know these are the types of things we'd like to see you do.
• 40:50
  But if we're talking about the powers of the state, there are often powers that have to be exercised against the federal government, especially when the federal government ignores the constitution that not only created it, but that each and every member of the government swears an oath to support.
• 41:05
  And in the latest update, uh FBI director Cash Patel has confirmed to lawmakers that the FBI is continuing to purchase uh commercially available location histories and uh other data from data brokers.
• 41:21
  Now, if you're not familiar, if you have a smartphone or pretty much any smart device, um the phone knows where you are.
• 41:30
  The device knows where you are.
• 41:32
  If you're connected to a cell network, they know where you are within a certain radius.
• 41:36
  If you're if your device has a GPS in it, it knows exactly where you are.
• 41:41
  And uh as much as they say they don't, well, this data gets tracked, and it often, you know, and again, it's not just the the devices, you know, you install an app.
• 41:51
  Let's say you got one of those apps for say uh meal company, right?
• 41:55
  Maybe a pizza or a sub shop, you know, one of those where you can place your order, and then uh it'll tell you, you know, when you when you get close, it'll automatically you know, get your order processed so it's ready and waiting for you.
• 42:07
  It's tracking you, and all that data is is collected by those companies, and they sell that data to data brokers.
• 42:14
  Remember, if you don't pay for the service, you are the service.
• 42:18
  So this goes to data brokers.
• 42:20
  Now the federal department of or the federal bureau of investigations is once again buying up this data.
• 42:27
  This to me brings in a couple of interesting questions.
• 42:30
  For example, um, Senator Ron Wyden asked Patel during testimony whether the FBI would commit to not buying our location data without a warrant.
• 42:41
  Now, this to me is a little I I understand.
• 42:45
  I think we're where Senator Wyden is going.
• 42:47
  It's the reasonableness of the search.
• 42:50
  And does that include the the um the uh seizure of data?
• 42:54
  Because remember, this data is not your data.
• 42:58
  This data was generated by other companies that you do business with.
• 43:03
  It was then sold to a data broker, it's their property, they can sell it to the FBI, they can sell it to anybody they want.
• 43:10
  That is not an unreasonable seizure.
• 43:14
  And I think part of it comes back to a um something that the framers of the constitution, when they drafted the bill of rights, never considered, and that was the distinction between your information and information about you.
• 43:30
  Think about it.
• 43:31
  In the in the 18th century, right?
• 43:33
  When they talked about your persons, houses, papers, and effects, you were talking physical paper.
• 43:39
  You would, you know, you would write stuff up, you would have records, and it was it was secured.
• 43:45
  But what about data about you?
• 43:47
  Now, when data about you is collected by so many other entities, and it's a serious concern for security-minded people, for uh IT minded people, it's a serious concern.
• 43:59
  It provides some wonderful services that people enjoy, but it always comes at a cost.
• 44:05
  So, you know, Mr.
• 44:07
  Patel said, listen, that the FBI uses all tools to do our mission.
• 44:12
  That includes the purchasing of this data.
• 44:15
  Here's where I've got the problem.
• 44:16
  See, that is a that is a reasonable seizure.
• 44:19
  When you purchase a product that somebody else owns, that is a reasonable seizure.
• 44:24
  The question is, what about the search?
• 44:29
  See, Mr.
• 44:29
  Patel followed up with saying we do purchase commercially available information that is consistent with the constitution and laws under the emergency electronic communications privacy act.
• 44:40
  Okay, wait a second.
• 44:42
  If it's consistent with the constitution, doesn't that mean you need reasonableness in order to search?
• 44:50
  How do we know that your search is reasonable?
• 44:54
  And that to me is where we get into it.
• 44:56
  Because now you're, you know, while while you may have legal access to the the data, the searching of the data.
• 45:05
  Well, is that reasonable?
• 45:08
  And that's an area where I think uh a nice amendment to the constitution might be good to update the fourth amendment to deal with 21st century reality, just century realities, and that is it's not only your papers and effects, but it may be data that you generate or is about you that we want secure.
• 45:28
  Again, there's always going to be this tension between security and privacy.
• 45:34
  The most secure environment, you have no privacy.
• 45:36
  Everything you do is out in the open, so everybody can see it.
• 45:40
  The most private system, well, is easily used to conceal information that could damage our security.
• 45:46
  So, how do we find this reasonable balancing act?
• 45:49
  And I think it's a discussion worthy of a serious consideration, right?
• 45:55
  It's the type of thing where if there were a convention for proposing amendments to the constitution, I'd love to see a whole session on the question of updating the Fourth Amendment to um to deal with the 20 the realities of 21st century life.
• 46:11
  So I'm I'm it's not like, oh, we could we buy this commercially available data.
• 46:16
  I don't think there's anything illegal with that.
• 46:18
  My question is, how is it being used?
• 46:21
  And now that they've purchased the data, the FBI says, well, it's our data, we purchased it.
• 46:27
  Um we can go searching at it at our heart's content.
• 46:30
  We don't need a warrant, we don't need a reasonable list because it's our data, but it's data about the people.
• 46:37
  And I think that's where uh we could use a bit of bit of an update, especially now that uh the foreign intelligence surveillance act, the the FISA uh uh that we always hear about is um well, it's up for renewal.
• 46:53
  Remember the infamous Section 702, which is supposed to be used to target foreign nationals um to for intelligence purposes, but has been used to um extend that surveillance onto US, not only people in the US, but United States citizens, simply because you know, you called somebody who called somebody who talked to somebody of interest, a foreign national of interest.
• 47:20
  Now the the FISA warrants let you believe that you know the multi-hop uh in inclusion of all of this data.
• 47:29
  And of course, there are rules about it supposed to be redacted and and hidden, and you have to have more evidence for you not rules that by the way apparently not are always followed very well.
• 47:42
  So uh, which is why you know people might find it interesting that uh previously Donald Trump was a critic of FISA, but now all of a sudden he's all for a clean extension of uh section 702.
• 47:56
  Now, Speaker Johnson says he intends to move such a bill with an 18 months extension through the House um to see you know to try and get to get it passed.
• 48:08
  That would be um that would be an interesting discussion.
• 48:13
  Now he claims that uh they've instituted 56 substantive reforms to FISA.
• 48:19
  Um this were changes made in the the 2024 reforming intelligence and securing America Act.
• 48:25
  Um, and he said by every measure and review, those are working just as we planned.
• 48:30
  We have not had the abuses that were happening before those reforms.
• 48:35
  Uh, not sure I've seen evidence of that, all right.
• 48:38
  The the absence of evidence is not the evidence of absence, shall we say?
• 48:43
  So that this idea of a again, more surveillance extending into American citizens.
• 48:49
  I mean, it's one thing if you're surveilling foreign nationals, especially on foreign soil.
• 48:54
  It's another thing when they start targeting Americans, they've got to have a good reason.
• 48:59
  And I don't think I've seen uh stuff that says um they're actually got a good reason for this type of surveillance.
• 49:08
  You also added that, uh, these flock cameras.
• 49:10
  I was talking to somebody the other day about the flock cameras, and again, you have no expectation of privacy out in public.
• 49:18
  If you're whatever can be seen in public can be recorded.
• 49:21
  That to me is not the problem with the flock cameras.
• 49:24
  The problem with the flock cameras are when law enforcement search those databases without a warrant, without probable cause, without even a reasonable articulate suspicion of the target being involved in a crime.
• 49:38
  Now, I'm not saying that happens all the time.
• 49:40
  I'm sure there are many situations where they go, yes, you know, there was a there was a hit and run, and uh, or there was some other crime, and we got a car, we got a license plate, we want to track it, and yeah.
• 49:51
  That's one thing.
• 49:53
  It's when the reasonableness is weaker.
• 49:57
  That uh again, we the people have to make
• 50:00
  Sure that um well that we are overseeing our government and the states are supposed to be there to help.
• 50:09
  And again, I spent 30 years in IT, so I'm familiar with the IT security aspects of FISA and flock cameras and and all of this other stuff.
• 50:18
  Uh you know, but to me, you know, the the the collection of of um of your data technically fits within the constitution of the United States.
• 50:29
  It fits within the Fourth Amendment.
• 50:30
  Because as long as they're not seizing data from you, as long as people, and again, we I we talk about flock cameras and stuff.
• 50:39
  Just think of it.
• 50:39
  Think of the maintenance Verizon, ATT, all of these entities.
• 50:44
  You know, you've got all this cloud storage, Dropbox and OneCloud and all that stuff.
• 50:49
  How often has federal agents, even state agents issued a subpoena saying hand over this data, not even a warrant, just a subpoena.
• 50:58
  And they do.
• 51:01
  That's why this question, because it's their data, it's not your data.
• 51:05
  The the data about your cell phone usage, it's the cell phone company's data.
• 51:10
  Uh, you know, what you store in the cloud is considered the cloud is data, at least according to the Supreme Court.
• 51:16
  I disagree with that opinion, but that's the way the world works.
• 51:20
  So we it's it's really comes back to us.
• 51:23
  If we want to be secure in our persons, houses, papers, and effects, we must start by making sure that we secure our persons' houses, papers, and effects.
• 51:31
  It's why, you know, my accountant doesn't like it.
• 51:34
  The fact that I will not use an online accounting package.
• 51:37
  I don't use an online accounting service because I don't want them handing over my data without me knowing about it.
• 51:44
  You know, you use one of these services and they and you know, again, a subpoena from the FBI, no probable cause, no reasonable article of suspicion, just a subpoena.
• 51:53
  We're searching for people for whatever reason, and they'll hand it over.
• 51:57
  And the court said that's fine because you've trusted with a third party, it's now in their control.
• 52:03
  They can do with it whatever they want.
• 52:06
  These are all concerns that I have.
• 52:08
  And again, things I think would benefit from a good discussion about how do we update the Fourth Amendment to work in the 21st century, and how can we, the people, be involved in making that um making that happen, uh, making sure our rights are secure.
• 52:27
  It's again, it's part of the reason why I keep going back to you know, John Jay's quote, every member of the state ought diligently to read and study the constitution of his count of his country, teacher action generation be free by knowing their rights, they'll sooner perceive when they're violated and be the better prepared to defend and assert them.
• 52:43
  We want to know when our rights are being violated, and we want to be prepared so that we can make sure that we defend them, that we assert them.
• 52:50
  It's an important part of being free.
• 52:54
  It's kind of scary at first, but guess what?
• 52:57
  When you do this, the the liberty you feel, the freedom in your heart.
• 53:01
  Well, to me, it's absolutely amazing.
• 53:03
  And I know most people are not going to go too far.
• 53:06
  They'll talk about it, but they will not do that much.
• 53:10
  It's why I created the Patriots program with the Constitution Study.
• 53:14
  It's a it's an invitation only program for people who are serious about the Constitution that want to read and study and really get into the nitty-gritty, who want to communicate with others of like mind.
• 53:28
  I want to know what other patriot groups are doing that want to be able to do so without worrying about sensors coming along and blocking your traffic.
• 53:37
  But also most importantly, people that are ready at a moment's notice to come to the aid of others.
• 53:42
  You think about it.
• 53:44
  Uh uh, you know, I've been asked to go down to Florida to keynote a speech.
• 53:48
  That's wonderful.
• 53:49
  I love doing it.
• 53:50
  But what happens if they've got an issue?
• 53:52
  Wouldn't it be cool if someone down there says, hey, you know what?
• 53:55
  I'm part of this group, and I know this guy that really knows this stuff, and maybe we can get in touch.
• 54:00
  Or maybe you know, there's a press conference or a committee hearing uh in a state legislature, and they'd like experts to come in and help explain the constitutional point of view.
• 54:11
  Wouldn't it be nice to have groups of people that could do that and a communications package where you could could find out and share that information without worrying about um you know being shut down because some social media platform decides they don't like the idea of liberty and freedom.
• 54:28
  Now, as I said, this is invitation only.
• 54:30
  This is not your average group.
• 54:32
  I'm not it's not trying to replace a patriots group, it's trying to help those groups with some resources.
• 54:39
  Now, if you want to find out more, go to constitutionstudy.com/slash patriots.
• 54:43
  You can read up about the program, see the details, and take the boot camp.
• 54:47
  To get an invitation, you have to start with the boot camp.
• 54:50
  It's uh right now it's a one-hour video um and and a test of the now.
• 54:54
  If you'd like me to come deliver that that uh uh class to you, I'd be more than happy if we can work out the travel and logistics.
• 55:02
  But once you take the the uh the course, the boot camp, and you pass the test, there's an oath I ask you to take.
• 55:08
  And it's really meant to make sure there are people that are serious, not you know, I'm gonna join because I just like joining groups.
• 55:14
  I want people that are serious about defending their rights and the rights of their neighbors.
• 55:18
  You do that, you'll get an invitation to join us.
• 55:21
  And since we're still fairly young, you can help shape this program so that it can be the most benefit to the most people, all with the standpoint of standing again to support our constitution against all enemies, foreign and domestic.
• 55:36
  And sadly, there are plenty of domestic enemies against our constitution.
• 55:41
  So if you're interested again, go to constitutionstudy.com/slash patriots, read up about it, take the bootcamp.
• 55:46
  The boot camp is free.
• 55:48
  So even if you decide not to join, the boot camp will be helpful and be useful.
• 55:52
  Of course, I also hope you'll come back and listen to us here, the constitution study every weekday, 4 p.m.
• 55:58
  Eastern time on America Loud Talk Radio heard on the iHeart Radio Network.
• 56:02
  You can listen on our media player.
• 56:04
  We've also got apps or Apple, Android, and Alexa.
• 56:07
  You can also listen via podcast.
• 56:09
  Now it does take a day or two for an episode to go from talk radio to podcast, but you get to listen in your favorite podcast app.
• 56:17
  Do me a favor though, subscribe to the show, leave us a rating, especially an Apple Podcast.
• 56:22
  It helps the algorithm show us to more people, and hopefully they'll click the link and join us here and become part of the Constitution study.
• 56:30
  Speaking of links, you can find all the links you need on the homepage at America Outloud.news.
• 56:36
  But please share those links, share this content, share the Constitution study by doing so.
• 56:43
  You're helping to share the blessings of liberty to everyone who calls this great nation home.