Latest / Cultural Wars | America Out Loud News / The Supreme Court’s confidence game: The lie of the judicial supremacy
Transcript
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- 0:31Sherry Tenpenny.
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- 2:13So now let's get started.
- 2:15Today's conversation.
- 2:17I have two guests today.
- 2:19One is as Dave Howard, who is a minister, a state representative, and a state senator for 13 years from 2009 to 2022 for the great state of Montana.
- 2:31And James Rigby, a retired Seattle attorney who practiced bankruptcy law and has 40 years of courtroom experience to talk about their co-written book, the Supreme Court's confidence game, the lie of the judicial review, the theft of our control from we, the people, the book that pulls back the curtain on the courts have redefined their power and have done all of this without voter or legislative approval.
- 3:02And the book really does tell you exactly in common language.
- 3:07It's not just written in legal ease.
- 3:09It really does tell you what the heck's going on.
- 3:12Gentlemen, what the heck is going on?
- 3:14Welcome to the 10 Penny Files.
- 3:16Tell us all about that.
- 3:18What's going on with the judicial supremacy?
- 3:22Well, uh, I'll start like just today.
- 3:26Okay.
- 3:26I got a uh news thing that said that appeals court sends a message to an anti-Trump judge by slapping down constitutionally suspect ruling.
- 3:38Essentially, what this judge did was told President Trump, his ICE people, what they could have as far as weapons, they mandated they she whether they had to have tear gas, whether they had body cams are requiring visible in identification for agents, okay?
- 4:00And what the court did is slapped it down.
- 4:03Well, how did this judge come up with this when he doesn't have this power?
- 4:10And what we did is we wrote this book, okay.
- 4:13The judicial supremacy, the Supreme Court's confidence game, because they're running a competence game.
- 4:20These judges are operating where out way out of their territory.
- 4:24They don't have the responsibility, they don't have the authority.
- 4:28And the problem is they keep still making decisions that are unlawful.
- 4:35You know, I wondered about this.
- 4:36You know, I think a lot of Americans have wondered about how a unnamed judge in an unnamed jurisdiction.
- 4:43I remember one judge was in in Illinois that did um, she she was a judge over like traffic tickets, and yet because she said Trump, you can't send people to out of this country, you can't deport them.
- 4:57So then suddenly you know, he had to shut down everything because of her.
- 5:01And in his first administration, it seemed to be nothing more than a series of judges legislating and making rulings from the bench.
- 5:09Um, let's get right to the heart of your book.
- 5:12And what is the confidence game?
- 5:15James, can you want to tell us what that is?
- 5:18Confidence game is a game that judges play.
- 5:21They gain our confidence, and the way they gain that is by putting on a black robe and sitting in a chair higher than where we in the courtroom sit or stand, and then they give us a ruling.
- 5:35And the rulings that we're talking about here today, there's no basis in the law for these rulings.
- 5:43But since we agree to perhaps two highly respected judges, and since we agree that they are the courts, uh, we accept their rulings.
- 5:55And this is wrong, wrong, wrong.
- 5:58Uh, we should go back.
- 6:00We need to go back and look at a little bit of history here and see what the legal history is, because like frogs in a pot where the heat slowly comes up, uh, the American public has been boiled to the point where they don't really understand what power judges have, what powers they do not have.
- 6:19And as Senator Howard said, we're seeing this play out every week in the news.
- 6:24Some judges telling the president to do something.
- 6:28And the fact is they have absolutely no legal authority to do that.
- 6:33And that's the that's the truth right there.
- 6:35They have no legal authority.
- 6:38Why is it that everybody believes them?
- 6:40And that because they're a judge, they do have the legal authority to do that.
- 6:45The constitution lays out our government, and it lays out three different branches.
- 6:54Everybody knows, I think there's a Congress, there's a president, and there's a judiciary, and the judges have the constitutional authority to make a ruling on a case.
- 7:07If you know, I get a traffic ticket and I can test it, I can go in, and the judge will decide whether or not um I was speeding based on the evidence.
- 7:19The judge does not really have the authority to tell the police that they can only put up their radar in certain places and they can only use it on certain days, and that they need to fly a flag of some sort from the police car when they're doing that.
- 7:33Judges have no authority to make those kinds of rulings.
- 7:36And that's essentially what we're seeing today in our country, and not only nationally, but we're locally as well.
- 7:44The judges have are out of control.
- 7:47They jump the fence, they have no legal authority to do what they do.
- 7:52For instance, we the the judge that Senator Howard just mentioned issued an injunction, I think, against the president.
- 8:01The district courts have no legal authority.
- 8:04There's no law that says that the district courts can enter an injunction against the government from doing something.
- 8:10If the government brings somebody into court, the judge can say, well, that law is unconstitutional, so we're not going to enforce it.
- 8:18They have the power to do that.
- 8:20They do not have the power to tell the government, excuse me, how it can act and what tools they can bring to the right.
- 8:30The judges are just totally and completely out of control.
- 8:33You know, I think it would be helpful if we went back and started at the beginning and kind of laid this out for the listeners because what I'm saying without the background that Senator Howard and I developed researching the book without that background, what I'm saying sounds pretty silly.
- 8:51Um, because of course the judge wouldn't go outside of his legal authority to issue decision.
- 8:56We're seeing it every week, if not every day.
- 9:02And and in answer your question when you said, How is this happening?
- 9:07The reason it is happening is we've heard the old statement that knowledge is power.
- 9:14Well, what does ignorance then?
- 9:16Ignorance is truly unlearned.
- 9:19We have a populace in America that is ignorant of their own constitution.
- 9:25All right, they don't know what's in it.
- 9:28They don't know what power a judge has.
- 9:31And what happens is when like James was talking about, you go back and you start like I was.
- 9:37I was a representative, and I was seeing these judges do something nationally.
- 9:41I mean, look at the most egregious decision, Roe versus Wade.
- 9:46Okay.
- 9:46Now, can judges make law?
- 9:50Well, how did Roe versus Wade become law?
- 9:54It's through literally ignorance, and also to the people that have the power.
- 10:00To overrule this is our legislature, and also in Washington, DC, our Congress.
- 10:07Are they capable of doing anything?
- 10:10I sometimes wonder.
- 10:12So when you're looking at this, you're looking at a process where the judges are completely fabricating their authority.
- 10:21And that's true.
- 10:22They're fabricating.
- 10:23You have to look at a con game has to lie to you.
- 10:27Or they can't get what they don't deserve.
- 10:30They have to convince you that they have authorities that they don't have.
- 10:36That's what the judges are doing today.
- 10:38It is nothing more than a con game.
- 10:41And it's because we are ignorant of the law, and our legislatures and our Congress doesn't have any backbone.
- 10:48And that's the bottom line right there.
- 10:51Well, this concept of judicial supremacy, when did all of this start?
- 10:58Well, I it actually started as best we can tell.
- 11:04Actually, you can say it started in 1803, when uh Chief Justice Marshall made a decision.
- 11:12He made a decision on a case of Mulberry versus Madison.
- 11:17Then you go fast forward to like 1959, and you have the war in court using that decision literally fraudulently to tell the people that because of that decision, they now have this authority, okay?
- 11:35Judicial supremacy.
- 11:37Now think about this.
- 11:39How is it that we change our laws and our constitution?
- 11:45In the Constitution can only be changed by an amendment to the Constitution.
- 11:50Then how did the Warren Court create an amendment in their own mind and then tell the people they have this authority, and then every judge after that claims it's kind of what what has taken place?
- 12:07And James, would you like to comment on that?
- 12:12Sure, I would.
- 12:13I mean, if you go back and look at Marbury versus Madison, um what the court ruled there was that um the the Marbury, the person before them bringing the case, brought the case based on a law that Congress had passed.
- 12:28The court said that well, Congress that law violated the constitution, so the court could not um rule a Marbury's favor because it did not have jurisdiction because the law the Congress passed, the court said was unconstitutional, period.
- 12:46That's the end of the case.
- 12:47It's a very it's a fairly narrow ruling.
- 12:49It says the courts can ignore a law or or should ignore a law uh that Congress passes, and when Congress passes a law, they have a duty to ensure that the law is constitutional, but the judges are not bound by that, they need to investigate the law themselves.
- 13:07And if they come to the decision that the law is unconstitutional, well, then it's not effective.
- 13:13But you go to 19 uh 58, um and Cooper v.
- 13:19Aaron, what the court said was it said, well, here's the here's the constitutional amendment, and this is how we interpret it.
- 13:29And since we, the court are the supreme law of the land, that is the supreme law of the land.
- 13:35Now that that quote to say that we are this the supreme law of the land is is totally incorrect.
- 13:43The constitution says, and it's Article 6, the Constitution, U.S.
- 13:49Constitution says that the Constitution is the supreme law of the land, and does not say the judges are the supreme law of the land.
- 13:59And in our investigation, I mean that's Marbury's really being miscast as being intentionally misread and intentionally misrepresented.
- 14:09And that sounds kind of harsh, but in about 1970, rather than about early 80s, excuse me, uh President Reagan's uh attorney general, Edmund Meese wrote a paper, and he wrote the paper on Aaron V.
- 14:28Cooper, rather Cooper v.
- 14:30Aaron.
- 14:31And what he said was that the Cooper court misread uh Marbury versus Madison, then it misrepresented Marbury versus Madison, and in the attorney general Edmund Mises's words, when the court said that they were the supreme law of the land, that the court was making war upon the people and upon the constitution and upon the Congress.
- 14:58And if you were to look at the law of treason, which is pretty harsh, pretty harsh statute, penalties are anyhow.
- 15:07This is making war against the United States is treason, and so that's what the court did in 1958, and you know, for us two unknown persons from way out west in Montana to accuse the Supreme Court of treason, and that sounds pretty outrageous, and it might even be funny.
- 15:31But the fact of the matter is the attorney general under President Reagan, those are his words.
- 15:37And what's happened since 1958, the courts have a habit of saying something outrageous in a case and then let it lie for a few years, and there's no blowback on it, everybody ignores it, nobody talks about it.
- 15:51But then at an opportune time, they will quote that language and treat it like the foundation uh uh of the world, and it's not the language is false.
- 16:03I mean, it's it's totally a hundred percent wrong, but that's where the courts are at now.
- 16:09They claim their power of judicial supremacy through uh this Aaron case, and they will decide back to Marbury versus Madison and say, Well, it's been long respected and long followed.
- 16:25Well, that's a lot of baloney, because it was on that point ignored until 1958.
- 16:32Well, 1958 is probably before most people who hear this broadcast was born.
- 16:38But the fact of the matter is, current courts claim that they're the supreme law of the land.
- 16:44That's wrong.
- 16:46It's it's insurrectionists is treasonous, and those are very harsh words that again can sound comical, but facts is that they don't have that authority.
- 16:58So Senator, do you want to hear me?
- 17:03Well, the key thing is is this what they use is great words, okay.
- 17:08The they use things like precedent.
- 17:10That's what James was talking about.
- 17:13Let me let me pull precedent down to something that every one of us that is listening can understand.
- 17:19Let's say that you have a preacher, okay, who quotes he tells you that he's quoting the truth, that he's not quoting the Bible, he's quoting another preacher, okay?
- 17:34And then that preacher quotes another preacher, but they never quote the Bible.
- 17:40And all of these decisions, Mulberry versus Madison, the Warren Court, all of those, they never quoted the Constitution.
- 17:47Never once.
- 17:49They quote another case.
- 17:52That gives them the ability to circumvent the Constitution, because most people listening to it are not learned enough to know what they're doing.
- 18:03They're lying to us, and they're doing it because they either have a political agenda or some other kind of agenda.
- 18:11I mean, what could possibly be the agenda of this judge trying to tell the judge?
- 18:16I try to tell the president of the United States how ICE is going to operate and even what equipment it's going to have.
- 18:24He doesn't it, you see, he knows that's a lie.
- 18:29He either, if he doesn't know it's a lie, he shouldn't be on the bench.
- 18:34He's supposed to be an expert of law.
- 18:37You see, that's why this is a worst con that you ever seen in your life.
- 18:42And for our Congress and our representatives in states not to represent the people and stand up for this is ingregious, and we should unelect them.
- 18:53But I think that the general public, I'm just listening to this conversation through the eyes of just John Q public, somebody that's got you know, uh a college degree in marketing, or is an engineer, or is maybe just graduated from high school and didn't even go to college, um, that they're listening to this, and I think that most everyone thinks what the supreme court says is the way it is, and that's why every time that you have a uh a difficult case and it doesn't go your way, and you make an appeal, you appeal to the next court and the next court and the next court, and when it in it and if it gets to the Supreme Court and they're willing to hear it, which I thought is really a dicey thing that they get to pick and choose what they think is worthy of hearing, but when they get to the point of hearing it, whatever their decision is, that's the final say with no of no, like okay, this is the final to say, but how does that play up against the constitution that nobody ever asks that?
- 19:54It's just that they make the decision, and then that's the law.
- 19:58And I think that that's the way we interpret.
- 20:00Interpret that.
- 20:01Is my interpretation correct in the way in the way that I view it?
- 20:05And at the bottom line, is that interpretation wrong?
- 20:09And in reality, how it's supposed to really work is a Supreme Court judges makes a decision on the law, and the Congress has to change it.
- 20:21And this and the president has to sign it.
- 20:24Otherwise, nothing's changed.
- 20:26You see, what we don't understand is that, and this is why everyone should read this book is the fact is this.
- 20:34The Supreme Court's like a referee in a baseball game, but he doesn't have the authority to enforce his call.
- 20:44So if you had the legislature in the outfield and this and the executive batting, and it looked like it was a foul ball, and the judge would be the referee says that's a foul ball, he has to get agreement with the president and the legislature before it becomes a foul ball.
- 21:02He has no authority.
- 21:10What was it?
- 21:10Hamilton stated in Fed was 78.
- 21:15The Constitution gives the judicial branch neither force nor will, but merely judgment.
- 21:24Merely judgment.
- 21:27What is this judge doing is trying to throw Trump how to realize though?
- 21:35I mean, why is I mean Trump has access to hundreds, if not thousands of attorneys.
- 21:42He's got his personal attorneys, his business attorneys, he's got the Department of Justice and their thousand of attorneys, and he's got you know, however many other ones he wants to hire, either as the chief executive of the country, or just because he's a billionaire and he can spend a lot of money.
- 21:59I don't know, but he has access to lawyers everywhere.
- 22:02I mean, why is it that no other lawyers recognize the foo pas of the court's judicial supremacy and calls foul on that?
- 22:12Well, let James answer that because it's fear.
- 22:16Well it is.
- 22:21Um understands the situation as we lay it out.
- 22:26I I expect that uh his team of lawyers, or many of them understand the situation as we lay it out, but it's political also.
- 22:36If he was to say, well, I'm not going to follow this decision, then he's got a big political pushback on that.
- 22:44And he's got a battle to fight, a separate political battle to fight.
- 22:50And as kind of the softly boiled frogs that we all are, um, the the reaction is going to be, well, President Trump doesn't have that authority, because during our lives, the presidents have not pushed back against the court, but the courts become more and more aggressive as time passes.
- 23:16So part of what's going on, I think, is an attempt to educate by President Trump.
- 23:21It's an attempt to educate the public.
- 23:24And from a practical standpoint, you can't have you know district court judges, there's hundreds of them in this country.
- 23:33They you cannot have a committee of 100 disjointed judges deciding how this country is going to be run.
- 23:40That's from a practical matter.
- 23:42From a legal standpoint, there's no statute, there's no law that says that the U.S.
- 23:49district court judges can enter an injunction against the administration.
- 23:55It simply is a bad habit that got started, and it's gotten worse and worse and worse.
- 24:02Boy, I would I would agree with that calling that a bad habit if it's not even legislative or judicially correct.
- 24:09You know, you say in your book, the Supreme Court's competence game, it's just the title of your book, the Supreme Court's competence game, that when judges from the bench, when judges from the bench rule from the bench, they violate six clauses of the constitution with no accountability.
- 24:27Why have a federal and state legislatures been negligent in checking and counterbalancing the courts?
- 24:34The Senator Howard, you can answer that to begin with.
- 24:38Well, the thing is is this is here's the truth about serving in the legislature.
- 24:45Most legislatures, unfortunately, run through this.
- 24:50If I vote for this, am I going to be able to get re-elected?
- 24:55Also, too.
- 24:57Most legislatures, and I have to say me, I mean, uh, I served for 14 years.
- 25:04And the first three or four years that I served, I had no idea of what I'm telling you right now.
- 25:11The in Montana, they supposedly have a two-day law class, but they never taught us anything about what we're talking about.
- 25:21They never told us that the Supreme Court is only can make judgment.
- 25:27And if you look at the some things that were we showed you in the book, and people should read the book and show how just absolutely fraudulent Montana's Supreme Court is, and we're not alone.
- 25:39We're there's probably another 30 to 40 out of states, okay, of Supreme Court justices and Supreme Courts that are acting beyond their authority.
- 25:51But remember, I said, knowledge is power.
- 25:55That's why we wrote this.
- 25:57We want the common man, the common person, the the doctor, the the carpenter, whatever you are, to be able to read something and have it documented to the point that you know what they're doing.
- 26:12That is going to change our country.
- 26:15Because if I was President Trump, and I can't speak for him, but if I was President Trump, the Supreme Court has already made some of these decisions that they cannot make these, the lower courts can't make these decisions.
- 26:44That would put it on the forefront, okay.
- 26:48But as James said, if we don't fight back, what they are right now, they they're essentially won the battle.
- 26:59I like to join in a little bit at this point, and you know, what what can people do goes through their minds?
- 27:07Because so many people, and we all see a problem.
- 27:10Well, that's out there, that's away from my house.
- 27:13There's nothing I can do about it.
- 27:14Well, to a great degree, it's true.
- 27:17But I think by people reading our book and understanding it, it's just clear as can be once you go in and understand.
- 27:25And I should say, I did not know this when we when we started.
- 27:28Um, Senator Howard and I were working back and forth on a couple of things, and he kept bugging me to look more at this, and it took him quite a bit of bugging to get me to look at it.
- 27:37And three or four times he asked me to go look at Marbury versus Madison, and I read the problem with one, yeah.
- 27:45It says what you think is you know, it says what everybody thinks it says.
- 27:49And then maybe the fourth time he called, he gave me a uh a link to a law professor Michael Stokes Paulson, uh, did a um uh a continuing legal education seminar in about 2004, I think, somewhere in there.
- 28:08And the law professor, he went through Marbury versus Madison, and he really broke down the case um legally and explained that everything that's claimed about Marlbury today is a myth.
- 28:22You know, we think we know something, so we don't go look at it.
- 28:26And I will say that it takes once you take and look at Mark Professor's um Paulson's analysis of an analysis of the case and go back and read it, it's like holy cow, how did I miss this?
- 28:41I mean, it's as simple as it possibly could be from a legal standpoint, but we've all been con to think something.
- 28:49So when you when you read a case, me included, you have an expectation of what it says, and you read that into it, and you kind of when there's illogical steps, you just kind of jump over one illogical step because everybody knows that's how it is, and you just keep moving on.
- 29:05So people need to be educated, they need to educate their representatives of the state and federal level.
- 29:12The judges are wrong, and Congress can impeach judges, and what why don't they just simply pass a law that says district court judges do not have jurisdiction to issue injunctions against the United States government, you know, uh a dozen words or something, they could do that.
- 29:28Now the courts don't have that authority now because there is no statute, none, not a no writings by Congress signed by the president, no law that says that the courts can enter injunctions against the government, yet they do.
- 29:42The the courts are there to rule on a case of controversy, going back to about four questions back.
- 29:48If somebody takes a case of the Supreme Court and they get a ruling for the two parties at least in that case, that's the end of it.
- 29:56That's the final final final ruling, but it does not buy.
- 30:00Congress and does not bind the government and does not bind the voters.
- 30:05Wow.
- 30:05Well, hold that thought right there, both of you, Senator Howard and also James, because we got to take a really short break.
- 30:11We're a little past our time here, so I'll have to rush through this a little bit because this information is so vital to what's happening in our country right now.
- 30:20And people really need to get this book, the Supreme Court's confidence game and read it and study it because it's really about our lives.
- 30:28So we're going to take a really quick break here to hear from our sponsors of AmericaOut Loud.news.
- 30:33You can listen to the 10 Penny Files Daily, Monday through Friday, uh, Eastern Time on uh on iHeartRadio and America Out Loud.news.
- 30:41If you've missed any of these great conversations, you can find them on Spotify, Pandora, Apple, iTunes, and on my platforms, DRtempany.com and DRTempany.substack.com.
- 30:52We'll be right back with more from Senator Dave Howard and James Regby to talk about their really important co-written book, the Supreme Court's confidence game, the lie of judicial supremacy, the theft of power and control from we the people.
- 31:09Sit tight right back.
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- 36:52Well, welcome back, everyone.
- 36:54Senator, let me just tell you a little bit more about today's guests because they have the power to write this and they know where they're coming from.
- 37:02Senator Dave Howard is a returning guest to our show.
- 37:05He holds a master's degree in public management from DePaul University and a bachelor's degree of criminology from California State University Los Angeles.
- 37:13He's a minister and founder of Foxhole Ministries, the creator of a national radio program, The Voice of Truths Wake Up Call, which is broadcast daily in at least 25 states nationwide.
- 37:25Dave is also a U.S.
- 37:26Army veteran, Vietnam veteran and a former FBI agent.
- 37:30And we can spend the rest of the show reading all of his long list of credentials.
- 37:44James Rigby is a retired attorney who practiced bankruptcy law in Seattle, Washington for 40 and has 40 years of courtroom experience from 1989 to 2020.
- 37:54His family has made Montana their home since 2014.
- 37:59Gentlemen, welcome back to the show.
- 38:01I wish we had a couple of hours to dig into the very much details of this book because it's written to the common person.
- 38:08And it's uh, but it's a it's foreign to our brains.
- 38:11It's just foreign to everything we we learned in high school and college and learned on the streets of about how this kind of acts acts.
- 38:19We get we hear on the news, you know, a judge has sanctioned the president and said he cannot do this and he cannot do this, but yet he can.
- 38:28Can they in the executive branch?
- 38:31Um, can the U.S.
- 38:32can the U.S.
- 38:33president rule by executive orders, kind of like how he's been doing.
- 38:38Yes, he can.
- 38:39The thing is is that uh I want to make a comment about our book just really quick.
- 38:44One of the things that made James and I really work out and be able to write this book was that I came from an investigative standpoint.
- 38:55He came from his attorney background.
- 38:57Okay.
- 38:58So what happened is is that when he was talking about Mulberry versus Madison, I was saying, okay, they say they got judicial supremacy.
- 39:07So I take the decision of Mulberry, okay, or our uh the Supreme Court justice, and I'm starting to go through it.
- 39:16Oh, there's nothing there on there's nothing there.
- 39:19There's nothing there, there's nothing there.
- 39:21And I go all the way down to the last part of the Mowbray decision decision, and actually he supports the Constitution and the authorities in the Constitution.
- 39:33He even says that any law that is does not that is repugnant to the Constitution is not law.
- 39:43Well, what the the court did in 58, the Warren Court was repugnant.
- 39:49And so I kept going to James and saying, wait a minute, this is what it says.
- 39:54It doesn't say this.
- 39:55And it does say, and James kept looking at it again, and then I found that um.
- 40:00Um the attorney that did the program on Mulberry versus Madison, and I sent it to James.
- 40:07He nailed it.
- 40:09The whole idea of Mulberry versus Madison is a fraud.
- 40:14You know, I you gentlemen about this book on my previous show on my other platform this week with Dr.
- 40:21T.
- 40:22And I believe, James, you told me something that has that rung in my ears for a couple of years since you've been on the show, that most law students and most practicing lawyers have never read the Constitution.
- 40:38That's right.
- 40:39Is that still true?
- 40:40And can you let's say they don't study the con most of them have not studied the Constitution.
- 40:45In law school, you're learning to be a lawyer.
- 40:48So you read cases, and you read cases about the Constitution.
- 40:53And for instance, you could read Roe v.
- 40:55Wade and say, Wow, um, yeah, I well, I don't understand it, but they're smarter than me.
- 41:01They've got the red the black robes on, so they must know the right answers, and and so that's what they did.
- 41:09The law school does not give students a copy of the no class, or very few.
- 41:16You have a copy of the constitution and say, okay, read this, and here's the writings that occurred at the time the Constitution was written, such as the Federalist papers.
- 41:29There's a massive amount of writings that were generated, particularly before, during and after the Constitution was adopted, saying what it says, explaining what it says.
- 41:42Law students don't really care about that because they want to go out and practice law.
- 41:46And by the way, they don't really want generally want to go out and challenge the Constitution.
- 41:52You know, they want to know how to handle a car wreck or a medical malpractice claim or a traffic ticket.
- 41:59And so there's really no study of the Constitution as such.
- 42:04And it's rather amazing because it does not give the law students don't have the right frame of mind when they come out of law school to then look at cases as are they constitutional.
- 42:17Well, there's no money in chasing that question for for lawyers.
- 42:22And that really is what you're there for, is for the small case and for to try to make a dollar, like everybody else is trying to do.
- 42:31Well, you know, having retired, I have the benefit of spending my time where it's interesting, and Senator Howard is nothing if he's not interesting and have interesting questions.
- 42:47He cornered me and um we worked on this, and you know, I just went through this like I would a case.
- 42:55Somebody comes into my office, and here's the facts, here's what's going on.
- 42:59I mean, on occasion, I would say, well, I don't know anything about the law in that area, but I'll go look at it.
- 43:05And that's what I did as a generalist looking at the Constitution and looking at these cases.
- 43:11These cases do not jive with the Constitution.
- 43:15And we've got proof of that from the Dobbs case of what, four years ago, the Dobbs case said the Supreme Court in Roe v.
- 43:23Wade was blown smoke.
- 43:25I mean, it's that whole that Roe v.
- 43:27Wade thing was a con on the American people.
- 43:30It was a confidence game run on the American people.
- 43:34That case was accepted because the American people respected the Supreme Court justices.
- 43:41In fact, they could have been impeached for issuing that decision, because no basis in the and Dobbs, the Supreme Court four years ago said there's no basis in the Constitution for abortion is a total fabrication of somebody's imagination.
- 43:57And that's go ahead.
- 44:00And look at the consequence.
- 44:0360 million people, young, unborn babies are murdered because we won't stand up to nine justices that are fabricating the law.
- 44:19You know, let's take another recent case and apply your concept here that you talk about in the Supreme Court's confidence game.
- 44:27The most recent ruling against President Trump and TREPs for the Supreme Court to say it's unconstitutional and you can't do that.
- 44:35And then basically in Trump's uh press conference, he said, I think I can, and I'm gonna do it.
- 44:42And he and was he right or was he wrong?
- 44:44Well, he was right because of the fact that he's using other laws that's already on the books.
- 44:51And what's interesting is that very thing that the Supreme Court looked at, I think it was like during Nixon's time or something, the Supreme Court had looked at it and was totally constitutional.
- 45:04Okay, so he's using other laws to get what he needs to get done, okay?
- 45:10But there's so much politics played in this process, and that's why the judges should just you know, it's like you know, James was saying in the state of Montana right now, for an attorney to go through school, they do not take one class on the Constitution.
- 45:32So isn't a course, James.
- 45:34I think like when I go to when you go to medical school, take a course in anatomy, physiology, biochemistry, etc.
- 45:41And law school, isn't there a constitutional law of course that you have to take?
- 45:48Yes, it's it's the case law of the constitution.
- 45:53You in the in the constitutional law class that I took a few years ago, and it's probably the same darn textbook today.
- 46:03I I know it's not the case, but they're studying the cases that the court has issued, and they're not studying really what's the foundation for the case.
- 46:17What where does it go?
- 46:18What is the basis of it?
- 46:21Sure, they're gonna look at a phrase in the constitution, but go back and read what the writers of the constitution meant with that phrase.
- 46:31Things things have been changed so much.
- 46:37I mean, we're like I say, we're slightly boiled as a society, and we're frogs that have been boiled, we've been past your eyes.
- 46:46We we we take what the court says at face value, and we don't really go back and think clearly about it.
- 46:55But that's really beyond the scope of 99.999% of the lawyers to to take those constitutional issues up.
- 47:04You know, I could turn the I could turn the question back on you a little bit mischievously.
- 47:09I mean, how how much time do doctors and medical schools spend studying um vaccines?
- 47:16Like about nutrition was that none?
- 47:24None none.
- 47:25Well, but they they read their emails that say this vaccine will take care of this problem, and you know, and we got people all the way across the country get the vaccine.
- 47:35So it's a little bit of the same thing.
- 47:37You know, people are too used to saying, well, the act the doctor knows, the lawyer knows.
- 47:42You know, stop and think for yourself.
- 47:44You know, you you're responsible for yourself and what you do, and you need to understand what's going on.
- 47:51And if you want to uh understand what's going on with the laws in this country, you need to go back and look at the Constitution and read about it and think about it.
- 48:02And then when your local Congressman or legislature has a local get together with the voters, you can ask them, you know, what are they doing?
- 48:11Why isn't Congress passed a law saying these judges can't do this?
- 48:15Of course, there's no law authorizing them to, but it would be a big roadblock for the judges if Congress were to do that.
- 48:24And probably I mean, I think there's been a political game played over the years where if Congress doesn't want to do something, that'll toss the ball on the courts court, and the court may like abortion that that was legal in um New York state at the time of Roe v.
- 48:42Wade 1973, and maybe one or two other states, but not at all across the country.
- 48:48It would have been shot down if the legislature would have dealt with that directly, or even um more recently um on homosexual quote unquote marriage was an oxymoron.
- 49:01But you know, that was imposed by the courts.
- 49:05I mean, yeah, you know, I think California voted against it, and the Supreme Court there threw it out in a few years later, maybe they voted for it.
- 49:12Washington State, my home ground uncle probably voted for it, I think.
- 49:16But that was basically imposed by the courts.
- 49:18You have this political game where you give some issue that's too hot, the legislature throws the ball in the court of the courts, and the courts aren't elected, so they go ahead and make a ruling the legislature wants, and the legislature can say, Well, I'm sorry, there's nothing I can do about it.
- 49:32That was the courts.
- 49:33Wellone, the the legislature can impeach those judges for making unconstitutional decisions.
- 49:40They they didn't want to for so long that we've forgotten we have that authority.
- 49:44If I bring up to a Montana state legislator that you're grass, I say you're grouseing about these clearly unconstitutional decisions that the Montana Supreme Court is making, and yet you won't vote to impeach them.
- 49:58Oh, we can't impeach them for that.
- 49:59Well, yeah, you can't.
- 50:01If a judge is so incompetent, he doesn't know what the constitution says, it's out.
- 50:06You know, he can get tossed out.
- 50:08He can be impeached.
- 50:09We're out of the habit.
- 50:10I mean, before I want to use the word habit in terms of judges are in the habit of um issuing injunctions.
- 50:19I mean, in a way that's true.
- 50:20It trivializes it.
- 50:22It makes it seem like, well, it's not so important.
- 50:24But if I jump up and down and say, well, that's treason, and they should know it.
- 50:27That's maybe seems a bit on the harsh side.
- 50:30But everybody needs to kind of tool up, figure out what's going on, do some research.
- 50:35I mean, you must be telling your listeners when it comes to vaccines that you really need to research what it is you're contemplating thinking and what the effect might be.
- 50:46Senator.
- 50:47Yeah.
- 50:48Well, the thing is is that's why we wrote this book.
- 50:51Okay.
- 50:52Yes.
- 50:53It is the real reason.
- 50:55It's because I came into this as a legislature, ignorant about my own constitution, and it on the Montana Constitution.
- 51:05And then I was watching these judges do things.
- 51:07Okay.
- 51:08Like, for instance, I'll tell you a real short story.
- 51:11I was able to pass in the legislature to get on the ballot that in Montana, you Montana could not give illegal aliens benefits.
- 51:22Our own Supreme Court threw it out because in the law, it said that it made the term illegal aliens.
- 51:31Our court was so ingregious that it said nowhere in law is the term illegal alien.
- 51:37They must have forgotten to read Title 18.
- 51:41That's the criminal code.
- 51:43It's all through it.
- 51:44Okay.
- 51:44That's how ingregious they are.
- 51:46Okay.
- 51:47They're controlling this state.
- 51:48And if you want to know how they're doing it, then you want to want to get this and you want to take a look at it and you want to read it, and you can actually study it.
- 51:57I wish that this would get in some classrooms.
- 52:00I tell you what, our legislators couldn't ignore the law and stop doing their job if we knew what they were supposed to be doing.
- 52:10That's the key.
- 52:16I want to hear from both of you about what we can do to get this information into the appropriate hands to do something about it.
- 52:26Dave, why don't you?
- 52:28Yes.
- 52:29Um we we've touted the name of the book, but the only place you can get it is on Amazon.
- 52:34So I'll say Amazon, Amazon, Amazon.
- 52:36That's where you go and get it.
- 52:38It's 15 whole dollars.
- 52:39That's about three cups of coffee uh for the book.
- 52:43And once you've got it, and and I would interject, it's worth buying if no other reason is that we uh incorporate one chapter is a reprint of uh attorney general Edmund Meese's article on uh Cooper v Aaron.
- 52:58So if anybody thinks that maybe I'm slightly exaggerating what he said, he uses the word war.
- 53:03I use the word treason.
- 53:04This is analogous in that context.
- 53:07But he says what we've been saying.
- 53:10You need to get the book, you need to read it.
- 53:13You need to you need to hold your legislators' feet to the fire.
- 53:17Do they know the legislators and you know, dollars to donuts?
- 53:21Very few of them understand the situation, but they need to understand it, and then they need to act on it.
- 53:27When judges are acting outside of the fence, they need to be impeached.
- 53:31It's it's not a big personal thing, it's just you ruled against the constitution, you need to go find a new line of work.
- 53:40Yeah, and I think that the I said it earlier, knowledge is power.
- 53:46This gives us knowledge, okay, so we can talk consciously.
- 53:51We know what kind of fraud they're committing, and then just think about it.
- 53:56We know how good word of mouth does, and it goes really well.
- 54:00And then you get your legislature one of these books, and you send it to it, and you say you want comments on it, and then you get it as we're involved in the political inner, you have central committees, you have all that type of stuff.
- 54:13You start speaking about it and telling how big of a problem is, and then you can use like today was that information about that judge that it got overruled because he was unconstitutional.
- 54:26You can pick one of these up almost every other day, okay.
- 54:30It's happening, okay.
- 54:33And and really, they're out of control.
- 54:36And our Supreme Court isn't doing it.
- 54:38Our Congress can do it, but it has to be a will to do it.
- 54:44Well, I think that's the bottom line, the will to do it.
- 54:47And I just you made a comment in passing, Dave, that you know, does our legislature do anything?
- 54:54And I think that we, the people would generally say no.
- 54:58And so I think that getting a copy of this book is really, really important.
- 55:02In fact, for $15, you ought to buy five copies of this book so that you can hand it out to your local legislators and people that you know.
- 55:10I mean, all of us have lawyers that are friends, you know, to see our activists and are doing different things.
- 55:15We can send a copy to them and say, listen, you know, spend three hours reading this book because it reads fast and it's written really very well, and it's written to the non-lawyer mind so that you can really comprehend it and get it in to get it into your mind.
- 55:30The subtitle here, The Theft of Power and Control from We the People, kind of says it all.
- 55:37And so we made all of these books available at our store.
- 55:40It's bookstore.dr10betty.com.
- 55:43So people can go there.
- 55:44So it's an easy place to find it.
- 55:46If you forgot the name, you can go into the store, you can look around, you can find it right there.
- 55:50Because for those that are watching, you've seen the type the the cover of the book.
- 55:55Um, and in fact, the back cover says a legislator's guide to reestablishing our constitution, which should almost be on the front cover because it's so good.
- 56:07Thank both of you here for being here.
- 56:09Thank you for taking the time to write this, and thank you for even more for being on our show today and taking the time to explain it.
- 56:16So I want to, and I want to thank all of our listeners who are here that I know you will go get a copy of this book and send it to your legislature, and you sit down and read it too, because everybody's got a school board, they got a city council, they got all sorts of things.
- 56:29You vote for local judges.
- 56:31You need to know how to hold their feet to the fire.
- 56:33So with that, I'm going to close with one of my favorite verses from the Bible.
- 56:37I close all of my podcasts with, whether it's live or pre-recorded, which is Romans 12, 12.
- 56:42Rejoice and hope, be patient in trouble and be persistent in prayer.
- 56:46Lean into God, he will never let you down.
- 56:48Even though his timeline may not be your timeline, he's always there with you.
- 56:52So I will see you every year tomorrow or the next time on the 10 penny files.
- 56:58Bye, everybody, and God bless.