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Consent of the governed · 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
It seems every day the United States is less and less like a republic and more and more like an oligarchy.
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For example, it seems states can't even apportion their own delegates without approval from a court.
0:45
Hello there, everyday Americans, Paul Engel here with the Constitution Study, where we read instead of the Constitution, teacher rights and generation be free.
0:53
I'm glad you could join me today.
0:55
You know, there's been a news lately about states and redistricting.
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Gerrymandering is a gerrymandering is a proper term, but gerrymandering is so called.
1:04
And uh we've seen it in several states across the country.
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And of course, these are done for political purposes.
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Now, let's remember under the Constitution of the United States, each state is apportioned a certain number of delegates based on its population.
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By the way, I don't think there's been a legal uh reapportionment by Congress, I think since 1920.
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But that's a whole nother thing.
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That has to do with the Constitution and uh that that's a whole other question.
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But so the the every 10 years you have a census, and um the Congress reapportions their the representatives in the house, and they apportion to the states, however many delegates they decide to give them, right?
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Then it's up to the states to lay out district maps so that uh they can cover you know, have have districts for each of their representatives.
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Now, in some states, that's easy.
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Uh, for example, states like Montana, uh Alaska, uh North Dakota, South Dakota, Wyoming, Delaware, they all have one member of the House.
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Vermont has one member of the House.
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So apportionment's real easy.
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They get the whole state.
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When things get complicated, or when you have much larger states or much states with much greater population, like California, Texas, Florida, where uh, you know, there are lots of things, and and and how do you break them up?
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And of course, there has been a lot of controversy with how states decide to apportion uh the their representation in Congress.
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And of course, there are always examples of or accusations of gerrymandering.
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It actually goes all the way back to 1812, when Massachusetts governor Elbridge Gary signed a bill that started creating that created oddly shaped districts in order to benefit his party.
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All right, we're talking 200 and what almost 25 years now.
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This is nothing new.
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Gerrymandering, and again, it's it they we call it gerrymandering, but the guy's name was Elbridge Gary.
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Um, but it it's it's nothing new.
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So this became interesting news because for the first time in my memory, several states decided to reapportion their representation, not based on the decentennial census, but because they thought they could see a political advantage, and of course, this has led to um this has led to a lot of controversy, but it's also exposed other controversies involving the not just the the gerrymandering, but the voting rights act and how these gerrymander districts are apportioned.
4:09
And of course, these a lot of these have turned into court cases.
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For example, uh recently the Supreme Court decided that Louisiana's gerrymandered um uh districts were unconstitutional.
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And the problem they found is when, as required under section two of the voting rights act, they lay out their districts considering race.
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Now, remember, we're dealing with that the voting rights act was passed when there was a lot of discrimination and bias in this in the political process, and the voting rights act said that um uh you could not the states could not create districts that were meant to disfavor uh a racial minority.
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Now, since then, this law has been used, especially by members of the Democratic Party to gerrymander uh seats in order to give them the best opportunity to win, because well, you see a lot of of uh um black neighborhoods that support democratic candidates.
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This has been used for again decades.
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I I remember seeing it when I was in high school.
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But again, the Supreme Court decided in a 6-3 decision in the case Louisiana versus uh uh Kellis that Louisiana's recently redrawn map, which created a second uh majority black district, was unconstitutional racial gerrymandering.
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Now, this may seem like a minor point, but it actually can have a huge impact because remember, we had uh I think it's all to start with Texas.
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One of the states, a Republican-led state, uh decided to redraw their maps, they said to better uh um represent their constituents.
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They said, you know, we're a majority republican state, but we're not getting a majority republican uh um we're not seeing the same majority in the house representation versus this the state representation, and of course, that pissed off all of the the Democrats who said, no, no, no, you're you're just trying to take over the house.
6:30
Yeah, of course they're trying to take over the house.
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The question is, are they trying to take it away from the Democrats who had gerrymandered their way into control of the House?
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It's a whole nonsense.
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But if section two, if the idea of creating house districts based on race, in other words, majority uh racially defined, is unconstitutional in Louisiana.
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Well, doesn't that mean it's unconstitutional in all 50 states?
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States.
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Now, the the court didn't overturn section two of the voting rights act.
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Now, the the court didn't overturn section two of the voting rights act.
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They simply said that no, you cannot have a majority, you cannot gerrymander based on race.
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They simply said that no, you cannot have um uh a majority, you you cannot gerrymander based on race.
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Meanwhile, in Virginia, the Virginia Supreme Court looked at and looked at their recent uh gerrymandering uh process and said uh no.
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Meanwhile, in Virginia, the Virginia Supreme Court looked at um looked at their recent uh gerrymandering uh process and said uh no.
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This actually goes back to uh uh a lower court, uh the Taswell County Circuit Court and Judge Jack Hurley, who looked at the uh what was going on and ordered the the state board of education that to not certify the referendum.
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Remember, Virginia put a referendum on the ballot to put in a new congressional district map, then it passed, it made it through the the referendum, but the judge said, wait a second, the state violated at least two state laws about how it brought this referendum to uh to be.
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So, no, that referendum is null and void, and he issued an injunction for against the state board of elections from certifying the referendum because of these legal issues.
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Now, the course they sued to they they appealed to the state supreme court, which said, no, we're not stepping in this mess.
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Um, and uh so now this attempt by Virginia to take a sl uh, if my memory serves, it's it's a slight majority Republican state to set a map that gave them a majority, a high majority Democratic uh representation.
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I think it was 10 out of 11 representatives they expected to go to were gerrymandered into a Democratic hands.
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Meanwhile, back in Texas, where a lot of this started, the Supreme Court of the United States said yes, Texas's newly redrawn map is uh it's hunky dory, and it's been cleared for use um the when the court formally overturned a lower court decision.
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Now, let's face it, that this all has to do with party politics, right?
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Um, President Trump encouraged the state of Texas to uh well help shore up the slim majority in the House in the upcoming midterm elections.
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So Texas did the redistricting mid-decade, which again hadn't there's nothing illegal about that.
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There's nothing in the Constitution of the United States that prevents that.
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To my knowledge, there's nothing in the constitutional laws of Texas that prevents that.
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Uh, of course, people went bananas.
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Oh my God, they did it.
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Nothing illegal about it.
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They decide they looked at it and said, okay, we want to redistrict this.
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And you may remember that you know, Democrats went on strike and they they left the state and they they wouldn't participate, and they violated Texas law and all that.
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It was it was a whole bro.
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And of course, as soon as that was dealt with and it was passed, it was brought to court.
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Uh it eventually ended up in the uh Fifth Circuit, where this the circuits found that this was a uh racially gerrymandered map.
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The new map was racially gerrymanded.
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And it was actually interesting because the lone dissenter in the Fifth Circuit uh basically gave a dressing down.
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He said, uh, the most blatant exercise of judicial activism I have ever witnessed.
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Of course, that means it went to the Supreme Court of the United States, who, as I said, um, just decided, you know what?
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No, that was that was wrong.
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This this uh this new map is fine.
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It is not racially gerrymandered, it's probably gerrymandered again, politically.
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Um the question is, was it fair?
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Now, here's the hard part that I think most people ask is well, how should we divvy up the the representation of the state?
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Should the state simply take their square footage divide it by the number of of uh uh or their square mileage, I suppose, divided up by the number of representative residents and just create simple districts that you are are roughly that size.
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Well, the problem is the population isn't distributed evenly across the state.
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Okay, so now we have to make these districts different.
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We have to do it based on population.
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You need to look at the population, because again, we're talking about the people uh voting to have representation in Congress.
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So we have to lay them out, which means metropolitan areas are going to have more districts, rural areas are gonna have less districts.
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But again, do we just simple use simple shapes?
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Or do we come up with these weird um odd-shaped things?
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I mean, I I saw one district where the there was a little satellite district that was miles away, connected by this ever so thin part of the district.
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The basis was a road, so you had the main district, and then they had the satellite part of the district that was connected only by a road in order to get things.
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How do we lay these out?
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And to me, the only way I could think of that that seems, I don't want to say fair, but let's say the least obnoxious to justice is if the representation in the House is somewhere near the representation in the state legislature.
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In other words, if the state legislature is roughly 50-50 Republican Democrat, then the House representative, you want it to be about 50-50 Republican Democrat.
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You're never gonna be perfect, but close.
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If it's 6040, if it's 7030, if it's that's the that that's the best way to tell if the House districts match what's going on in the state.
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Now, again, it's always going to be involved politics.
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It's always going to be part of this process.
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And that is um, to me, it's it shows the the power that political parties have taken over our state election and our state election processes.
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And in a perfect example of this, uh uh U.S.
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Senator Marsha Blackburn, right from Tennessee, right?
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My my no, my adopted home state.
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As soon as the Supreme Court reached its decision, it called on the Tennessee General Assembly to reconvene.
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Our GA has uh adjourned for the year.
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No, no, you need to get back and redraw the 9th district, which I believe is in Memphis.
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Yes, it's in Memphis.
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Because she posted on X.
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I urge our state legislators to reconvene to redistrict another Republican seat in Memphis.
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Memphis.
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Why do you say?
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Why do you say?
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Well, she said it's essential to cement Trump's agenda and the golden age of America.
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Well, she said it's essential to cement Trump's agenda and the golden age of America.
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In other words, it has nothing to do with accurately representing the people of Memphis.
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In other words, it has nothing to do with accurately representing the people of Memphis.
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It's all about political power and political position.
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It's all about political power and political position.
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Gerrymandering been around for decades, but its power has been cemented by the political parties' power over our state election process.
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Gerrymandering been around for decades, but its power has been cemented by the political party's power over our state election process.
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And I give you one perfect example as proof.
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And I give you one person.
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Everyone knows what a primary is.
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Do you know what a primary is?
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A primary is a publicly funded election for a private organization designed to limit the names on the ballot that you actually vote for in November.
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Gerrymandering is just another tool used by the political parties to limit who you see on the ballot, which is you're most likely going to vote for somebody that's actually on the ballot.
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It's voter manipulation writ large.
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And it's been so pervasive for so many decades.
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Most Americans don't know it.
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They don't see it.
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They're not even aware of it because we don't talk about it.
15:14
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20:29
So New Jersey tried to rifle through the donor information of the first choice women's resource center.
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Now the state alleged with no evidence, concerns that they were misleading donors and misrepresenting its services.
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This led uh the New Jersey Attorney General Matthew Placken to issue a subpoena in an attempt to get to basically get the not the nonprofit to dox its donors to forfeit information that the state had no legal authority to have.
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not the nonprofit to dox its donors to forfeit information that the state had no legal authority to have and uh the resource center sued they sued in in federal law and federal court i mean now uh neil uh gorsich justice gorsich uh wrote the majority opinion where he pointed out that the new jersey division of a fit neither the new jersey affairs or the eternal general office documented any complaints against first choice although they allege that they were were you know victims of fraudulent and deceptive misleading or unlawful conduct okay wait a second if that's the case why is nobody complained if that's the case why have they not found anybody that would say yeah I was defrauded I've told you before about a a a case where I was subpoenaed to testify that's a whole that subpoena's a whole nother story the interesting thing is the case involved a former employer who I'd invested some money with and while dealing with allegations of of deceptive uh practices I must have been interviewed by three four five different investigators where they said okay well this person might be a victim let me interview them by the way it never happened there was no fraud there was no deception there was there was nothing so if you're telling me that the state of New Jersey not only didn't have anybody complaining but went to the could go to the donors and ask them pointed and leading questions frequently and couldn't come up with an allegation then there's no basis there's no probable cause which is why they used a subpoena rather than a warrant see if they actually had allegations of fraud if they had uh uh they had donors that claim they were that the the the first choice was deceptive or misleading they would have had probable cause for a warrant which would have required the the uh the pregnancy center to hand over documentation they had none of this yet still attorney general plackkin in 2023 issued the subpoena illegally by the way in my opinion and demanded demanded not requested demanded the disclosure of the names phone numbers addresses places of employment of any individual who donated to the uh do donated to them outside of their web page now the question before the supreme court literally was did first choice have standing to sue in other words had they shown that they they were truly injured and they had a reason to sue to quash the subpoena according to the supreme court reading from the decision first choice choice has established a present injury to its first amendment uh associational rights sufficient to confer article three standing now i've reviewed the oral arguments i haven't done the decision yet i it's on my list but i remember during the oral argument this is not a first amendment issue it cannot be a first amendment issue right because congress didn't make this law first five words of the first amendment congress shall make no law it's a fourth amendment issue it is an unreasonable search they have no probable cause they have no debt no reason to do this this is them this is an unreasonable it's a fourth amendment violation and uh well that was that was that decision so I wanted to bring that up because it was top of mind and uh you know it was it's important because I keep pointing back to these subpoenas subpoenas are not warrants a although the wording says they are compelled a subpoena cannot compel testimony it cannot compel the production of evidence even though it says so I remember when I received my subpoena I was compelled to attend sorry you can't compel me with a subpoena you need a warrant to compel now I agreed to test I agreed to testify under certain conditions because you know if the if the accused has the right to to uh confront their accuser and what I would include that would be witnesses against them don't know why they would the state would call me but that that that's a whole nother story for um really really another day but it to me it's important to understand that uh these the courts that they are your the the primary way you seek redress for a grievance first choice pregnancy center had a grievance with the attorney general and the state of New Jersey the grievance was you are seeking information you have no legal and you're claiming to compel it without any probable cause like I said if they had probable this is literally no different than the state of New Jersey knocking on your door and saying we want to come in and search through your house we want to rummage through your your records looking for uh uh crimes it's just a legalized version of this well it's it's just a it's a legalese version of this now this case is going to go back and I'm curious like I said I want to go through the the details of the decision but it shows that when we stop being a republic where we elect representatives to people to represent us to pass our laws and to enforce those laws well then we become an oligarchy because look at what happened in New Jersey right you have a a an elected attorney general who said I don't care about the law I want to go after this this organization that's first choice women's resource center I don't have any evidence I don't have any proof but I'm gonna go after him so I can find it who was it that said show me the man and I'll show you the crime was that Stalin yeah yeah I'm talking about New Jersey being very much like a a Stalinist state in this case it's understanding that you know this got to the Supreme Court because lower courts got it wrong that seems to me to be a problem but when we're ruled by a group of nine high priests in black robes rather than the constitution and laws that we the people authorize then we have a problem and of course that impacts voting because very often we're dealing with laws about voting and the voting process and how we go about doing that voting which leads me to another case this is a another federal court um this case it was a district court the district of Arizona now the department of justice has been demanding that states hand over voter registration data unredacted voter registration data something by the way the states are not required to hand over something by the way the federal government has no legitimate need for no constitutional power no legitimate reason to do that and uh last time I checked I think 27 of the 50 states said no you're not getting this data so the DOJ has been suing them they've been suing the the attorney general has been
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And uh the research center sued.
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They sued in federal law and federal court, I mean.
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Now, uh Neil uh Gorsich, Justice Gorsuch uh wrote the majority opinion where he pointed out that the New Jersey division of a fit, neither the New Jersey Digital Affairs or the Atternal General Office documented any complaints against first choice.
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States hand over voter registration data, unredacted voter registration data.
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Something, by the way, the states are not required to hand over.
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Something, by the way, the federal government has no legitimate need for, no constitutional power, no legitimate reason to do that.
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And uh last time I checked, I think 27 of the 50 states said, no, you're not getting this data.
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So the DOJ has been suing them.
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They've been suing the attorney general has been suing them.
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And more and more, we're finding cases where the courts say, sorry, DOJ, you're wrong.
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And in fact, uh Judge Susan Bronovich of the District Court for the District of Arizona wrote in her 13-page decision that Arizona's voter registrate registration list is quote, not a document subject to request by the attorney general.
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Close quote.
28:58
They also said that the Department of Justice did not provide sufficient argument to convince the court to allow access to the data.
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She wrote accordingly, the court will dismiss the attorney general's claim with prejudice because amendment would legally be legally futile.
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Meaning, not only does court this judge say, no, you can't have this.
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You have no legal reason for it.
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You haven't come up with a way to convince the court you should have access to the data.
29:26
And by prejudice, meaning this you can't take another bite at the Apple.
29:34
It's double jeopardy in effect, is what she's trying to establish.
29:38
Is that do this again would be a form of double jeopardy, although double jeopardies for criminal cases.
29:43
Um, this is what was trying to establish.
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The DOJ, you have no legal authority to this.
29:51
But why is the DOJ?
29:52
Why does the federal government want voter registration data?
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For the same reason they want all the other data we talk about here.
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It's phishing.
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They want to have data that they can search.
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They want, they want to say, well, you know, we want to be able to search to see if there's any illegal registration.
30:10
That's not your job, United States.
30:13
There's nothing in the Constitution that says anything about you regulating uh a voter registration list.
30:19
Now, there are several amendments that talk about what happens if someone's denied the right to vote.
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Someone who the Constitution protects, right?
30:27
Like if you're uh over 18 years old, or if you're not denied based on your race or on your sex or things like that.
30:36
Well, then Congress can establish penalties for that.
30:39
But that's not what we're talking about here.
30:41
You're talking about an unreasonable, this is the very definition of an unreasonable search.
30:48
They are looking for data for the purpose of trying to, they don't have a purpose other than we don't, you know, we're trying to find a crime.
30:58
We're not investigating, we're trying to find a crime.
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Well, guess what?
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The burden of proof is not on the individual.
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The burden of proof is not, in this case, on the individual states as the as the plaintiffs.
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The burden of proof that they need this in this data is on the federal government, and they don't have it.
31:17
They have no legal basis for this.
31:20
But we've seen, again, for years and for decades, we've seen the federal government illegally meddle in parts of the election there, they have no authority over.
31:29
We've seen it in the voting rights act, where they go beyond saying, listen, you can't prevent someone from voting because of the color of their skin or previous servitude or sex or aid, or you know, or you know, over 18 years old.
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They go far beyond that.
31:44
We don't like the way you're setting these things up and they meddle.
31:48
You've got the SAVE Act, where listen, if Congress wants to say you have to provide a photo ID to vote in elections for House and Senate, they can do that.
31:58
They want to say you have to do that for state elections as well.
32:01
No.
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By the way, the only federal offices people vote for is House and Senate.
32:07
Well, what about the president, Paul?
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People don't vote for president.
32:12
The states appoint electors for president, and they do so generally based on a popular vote.
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So you're not voting for president.
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You're voting for electors for president within your state.
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It's a state-based election.
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And the Congress is specifically prohibited from setting the time, place, and manner of those types of elections.
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So, you know, have that.
32:36
And then, of course, the other part is well, you have to have proof of citizen to register.
32:40
Again, there is no requirement in the Constitution of the United States that you be a citizen of the United States to vote.
32:47
Therefore, it's not a power to regulate delegated to the United States.
32:51
Now, each of the 50 states requires it, but that's a state issue.
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That means it needs to be dealt with at the state level, under state law and state enforcement, not the feds.
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And it's important that we understand these things because it's a lack of understanding of elections that often leads to, well, I would say bad decisions.
33:15
And it's this our lack of understanding that leads to, again, people promoting the national popular vote for president.
33:23
There is no national popular vote for president.
33:25
There never has been, and unless they amend the constitution, there never will be.
34:03
It's the lack of education.
34:05
It's why I keep bringing these type of information to the fore.
34:09
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34:13
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34:26
Now, again, I I don't want to shut down bad speech.
34:30
I want to counter it with good speech.
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34:38
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34:46
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34:49
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35:00
On all the same networks and towers as a major carriers.
35:02
That's not why I joined them.
35:02
That's not why I joined them.
35:04
I didn't even join them because their customer support is 100% U.S.
35:04
I didn't even join them because their customer support is 100% U.S.
35:08
based.
35:08
based.
35:10
I joined them because they take a portion of every dollar to support organizations that are fighting to protect our rights.
35:10
I joined them because they take a portion of every dollar to support organizations that are fighting to protect our rights.
35:16
Freedom of religion, speech, press, free to be secure from unreasonable searches and seizures.
35:16
Freedom of religion, speech, press, free to be secure from unreasonable searches and seizures, even the freedom to live your life at liberty without being deprived of due process of law.
35:23
Even the freedom to live your life at liberty without being deprived due process of law.
35:28
They also, by the way, support sanctified.
35:28
They also, by the way, support sanctity of life, our veterans and our first responders.
35:32
All things I'm fully behind.
35:34
That's why I joined them years ago.
35:35
And it's also why I became an affiliate about a year or two ago.
35:39
Switch to Patriot Mobile today, join me here, and you can get free activation just by using the code constitution at checkout.
35:46
Go to patriotmobile.com says constitution, find a plan that works for you.
35:51
See if you're eligible for a discount.
35:53
Again, everyone from our our veterans and first responders to families with multiple lines are eligible for a discount.
36:01
And guess what?
36:02
When you pay your cell phone bill, a portion of their profits will go to organizations like the Constitution Study that are here fighting to defend your rights.
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36:12
Help fight for your rights, the rights you have your family using your cell phone by going to Patriot Mobile.com/slash constitution, finding a plan and discount that works for you.
36:22
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36:28
I also hope you'll join me at America Outloud.news.
36:32
Now I go there every day for news and information.
36:35
It's part of my evening routine.
36:38
I'm going through news feeds, and one of the ones I go to all the time is America Outloud.news.
36:43
Why?
36:44
Well, because first of all, the corporate media has been lying to us for decades.
36:48
They've been caught.
36:50
We live in the information age where information is at our fingertips, but who do you trust?
36:56
Well, you trust you can verify.
36:58
And for me, one of those is America Out Loud.news.
37:01
That's why I go there and I read the stories in the articles.
37:04
I think you should too.
37:06
It's why you listen to the podcast and you watch the videos.
37:09
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37:10
I want you to share all of those things.
37:12
Let other people see the news.
37:14
Corporate media doesn't want them to see.
37:16
That, ladies and gentlemen, is how we secure the blessings of liberty for all of us.
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39:07
Welcome back, everyday American Dribber join the Constitution study.
39:10
And today we've been talking about courts and voting.
39:13
And of course, we started off talking about gerrymandering, including what was going on in Virginia.
39:18
And I brought this up at the end because I want to have time to really dig into this.
39:23
It's a report I read, I actually read it on the Patriot Post, but it's revolving uh some uh some information from a Chad Mazell.
39:33
And um, well, he made the statement that President Trump could issue an executive order declaring the slavery-motivated retrocession of Virginia unconstitutional, triggering certain legal actions and allowing the courts to finally weigh in on whether the county of Arlington and the city of Alexandria in fact properly belong to the District of Columbia.
39:56
Now, this is that's the quote for Mr.
39:58
Mazell.
39:59
I want to look at the at the response.
40:01
This is by Michael Schwartz again on the Patriot Post.
40:04
And uh, I think part of the problem is he truly misrepresented some of the setup for that.
40:11
Right?
40:12
Now he claims that uh the Constitution set aside a 10 mile square area for the national capital along the Potomac River, taking a large, a little land from both Virginia and Maryland.
40:23
Well, that's not exactly true.
40:26
The Constitution allowed that a an area of land up to up to not exceeding 10 miles square that was donated, that was seceded of particular states, right?
40:42
By the it was seceded by the states.
40:44
The states voluntarily gave this up, and the acceptance of Congress that would become the seat of the the governor of the government of the United States.
40:51
We now call that area Washington, D.C.
40:54
Why?
40:55
Because both Maryland and Virginia, ceded area of little some of their land, most of it is in Maryland, some of it is in Virginia.
41:05
And um, it totaled Ted Miles Square.
41:10
Except Virginia asked for their land back.
41:13
They said, you know, yes, we seceded it, we want it back.
41:16
And Congress agreed.
41:19
So you have a scenario.
41:23
Trump has no executive order.
41:25
First of all, the president doesn't have the authority to simply change that policy.
41:33
Executive orders are how the president communicates to the rest of the executive branch.
41:40
By simply declaring something is unconstitutional, doesn't mean you can go back retrospectively and change what Congress had done.
41:51
Right.
41:52
You see all the problems we're running into here.
41:55
First of all, though it was up to 10 miles square.
41:58
The con the Constitution doesn't say that it had to be land along the Potomac.
42:00
Had to be land along the Potomac.
42:01
That was a voluntary secession by Virginia and Maryland.
42:01
That was a voluntary secession by Virginia and Maryland.
42:05
Virginia asked for it back, and the Congress agreed.
42:05
Virginia asked for it back, and the Congress agreed.
42:08
That was back in 1847.
42:08
That was back in 1847.
42:11
To say that the president can simply issue an executive order and declare what the Congress did unconstitutional and demand it back.
42:11
To say that the president can simply issue an executive order and declare what the Congress did unconstitutional and demand it back, well, that's ridiculous.
42:18
Well, that's ridiculous.
42:20
It's foolish.
42:20
It's foolish.
42:21
Now, Mr.
42:21
Now, Mr.
42:22
Mazell and Mr.
42:22
Mazell and Mr.
42:22
Schwartz, they have every right to say what they want to say.
42:22
Schwartz, they have every right to say what they want to say.
42:25
I'm pointing out the error in so much of their um.
42:25
I'm pointing out the error in so much of their um uh such and what much of what they're saying.
42:33
Now, Mr.
42:34
Schwartz goes on, he says, Well, why couldn't the District of Columbia be limited to public lands, including and surrounding the capital of the uh and the White House?
42:43
That would certainly be less than 10 miles square, meaning it conforms the Constitution.
42:47
Not exactly.
42:49
Again, it's the seat of the federal of the government to the United States.
42:53
It's land that's been ceded.
42:55
It doesn't just say that now, should that all be considered public land?
42:59
It is a federal city.
43:01
There's a federal district, I should say, because it includes multiple cities, is now kind of become megalopolis, but it's a federal district.
43:10
The idea that the state ceded it, but now what?
43:14
It's it you've you've got a portion, you got private land inside of this area that's that's not part of, I mean, that that's that to me is crazy.
43:23
Again, it is not supported, does not conform to what the Constitution says, but this is an attempt to get around the fact that this is a federal district.
43:35
It has to do with the idea of, well, wait a second, if you live in the District of Columbia, you have no representation in Congress.
43:43
Exactly, because you're not a state.
43:46
Now, there are representatives, they're non-voting members of Congress that that that uh um that have, but again, they don't vote because you're not a state.
43:56
Members of the House are apportioned by state.
44:00
The district is not a state, it cannot be a state.
44:02
The constitution forbids it, it has to be seceded, given away by the states in order to become part of this federal district.
44:11
They have no representation in the Senate because of because this was meant to be the seat of government.
44:17
Now, if you choose to reside within that district, you understand that you're basically in a federal territory, you are not in a state, which means you don't have not only you don't have representation in Congress.
44:30
By the way, members of uh citizens in Puerto Rico or Guam or the U.S.
44:35
Virgin Islands, other territories that are not states, they don't have representation in Congress either.
44:43
This comes from a uh a misunderstanding of the Constitution of the election process, and in fact, the only reason members of the residents, citizens of the District of Columbia get presidential electors is because of an amendment to the Constitution that granted them that uh ability, specifically the 23rd Amendment.
45:10
So you see, our voting processes are often good because we have wrong information, but might call misinformation that uh people are using to make really odd and twisted decisions because we don't read and study the constitution, we don't know what it says.
45:25
And really, is that any surprise when we don't know what it says that we can't follow what it uh prescribes?
45:31
Now, I have one more story here, nothing to do with voting, nothing to do with courts.
45:36
It actually has to do with well, privacy.
45:40
See, across the United States, the these flock cameras, these automatic license plate reader systems have been are being installed everywhere.
45:48
They're literally turning the nation into a surveillance state.
45:52
Now, the justification is well, this allows us to track bad guys if we need it.
45:56
We're collecting the data, but we're only going to use it in order to track bad guys, right?
46:03
Um, this, by the way, is a real limits of the of the of the Fourth Amendment.
46:08
Because you have no expectation of privacy in public.
46:12
So when you're driving down a public street, the idea that, well, you can't take pictures of my license plate, that's not true.
46:20
But there are a lot of concerns about the data that's collected and how it's stored, right?
46:26
Here's where things come in.
46:27
A uh in the Institute for Justice has been looking at media reports, and they don't they have identified multiple cases of law enforcement officers abusing their access to the license plate reader data.
46:43
Now, some people say, well, they've only identified 14 cases, cases nationwide.
46:50
It's not really a big deal, only 14 cases.
46:52
Well, it's not really a big deal.
46:54
Well, unless you're one of those 14 targets.
46:58
Because what they're finding is that uh police officers are stalking their romantic interests with these illegal searches.
47:08
And if you're one of those 14 people that are being stalked by law enforcement, that's a big deal.
47:16
The data also shows that the vast majority of these cases they've found have happened since 2024.
47:26
Less than two years.
47:28
Now, the good news is nearly all of the officers were criminally charged.
47:34
Yes, they lost their job.
47:36
They either resigned or were fired, but they were criminally charged.
47:40
To me, that's good news because one of the problems I see is officers often escape responsibility for two reasons.
47:48
One is they are civilly charged, meaning you're you they're sued.
47:53
And uh that brings in a lot of problems because there's what's called qualified immunity.
47:58
Courts have decided that um you cannot sue a law enforcement officer unless the court said that what they did was was obviously wrong beforehand, which to me is a circular loop, right?
48:11
I can't sue them because what they did was wrong because you didn't say that what they did was wrong, but how are you gonna say what they did was wrong if I can't sue them to say what they did was wrong?
48:19
You see the craziness here.
48:21
But the other problem is okay, let's say you sue a law enforcement officer.
48:27
Does the law enforcement officer pay the fine, pay the pay the penalty?
48:30
No.
48:31
Their police department, their sheriff's department, their government pays, meaning the officer doesn't really pay anything, basically gets a slap on the wrist.
48:42
It is rare, and I love to see it when officers that commit these crimes are actually criminally charged.
48:50
Now, okay, so it's only 14 nationwide.
48:54
Okay, it's small.
48:55
How about we nip this in the bud before it gets bigger?
48:58
Is there a pro a provision in the Constitution of the United States that would prevent it these automatic license plate readers from being installed and used?
49:00
Pro a provision in the Constitution of the United States that would prevent these automatic license plate readers from being installed and used.
49:07
I can't think of one.
49:07
I can't think of one.
49:10
Again, it's not an unreasonable search.
49:10
Again, it's not an unreasonable search.
49:12
If you're walking down the street, you can be photographed.
49:12
If you're walking down the street, you can be photographed.
49:15
If you're driving down the street, you can be photographed.
49:15
If you're driving down the street, you can be photographed.
49:18
Um, if you're if you're sitting on a parked bench, you can be photographed.
49:18
Um, if you're if you're sitting on a parked bench, you can be photographed.
49:23
So that's not going to do it.
49:23
So that's not going to do it.
49:26
And of course, you also have to remember uh uh we're also going to deal with.
49:26
And of course, you also have to remember uh uh we're also going to deal with body cam footage, right?
49:31
Because if you encounter a police officer, you're being recorded.
49:35
And it's this is a a police tool.
49:38
So I don't think you can do there.
49:40
I think what we need are better laws around the placement of these automatic license plate readers.
49:47
In other words, I think uh state laws should prohibit, because this is a state issue, not a federal one.
49:54
Transportation is not a federal issue.
49:56
Uh state should require that these license plate readers um not be set up to observe private property.
50:06
In other words, they should be limited to seeing what is on the within reason, what is on the street.
50:12
If you're there to catch license plates, you need to see what's on the street.
50:15
That should be the also should be severe criminal penalties for searching that database without a warrant.
50:27
That's to me is is is the biggest hole, right?
50:30
Okay, you've collected all this data.
50:32
Now I want to search this data.
50:34
Well, you should need a warrant.
50:36
Well, no, we're, you know, exigence just okay.
50:38
I would admit an a truly exit and circumstance.
50:42
You know, a kidnapping was just reported.
50:45
We want to look for the car, track the car through the license plate readers.
50:48
While we get the warrant, that's an exit and circumstance.
50:51
I don't, you know, I could, but that has to stand up in court.
50:55
And I think the abuse of these uh uh cameras of the data they collect should be not just a local criminal, that should be a federal uh criminal case.
51:07
Because remember, the Fourth Amendment is of the Constitution says you shall not be deprived.
51:12
Uh says uh you should be secure from unreasonable searches and seizures.
51:15
If you don't have a warrant, that's an unreasonable search.
51:18
If you don't have an or you have a warrant or a legitimate exigent circumstance, meaning it's urgent.
51:23
I gotta do it now.
51:24
That's an unreasonable search, which is a violation of the Fourth Amendment, which makes it a federal crime.
51:30
18 USC section 242.
51:33
Under color of law to knowingly deprive someone of a right protected by the constitutional laws of the United States, punishable by a fine or up to a year in jail.
51:41
I'm not big with federal suits.
51:44
I think the state, if the state can deal with it locally, great.
51:47
But if the states aren't going to deal with it, we need to look at federal criminal charges, which means the U.S.
51:52
attorney's offices need to be looking at these and considering uh grand juries and other other criminal charges when someone violates this law.
52:05
Sadly, I don't think they do, but that's something else that could that needs to be worked on, in my uh opinion.
52:13
Again, to me, this just supports John Jay's suggestion, his recommendation that every member of the state diligently read and study the constitution of his country, teach a rising generation be free by knowing their rights, they'll sooner perceive and they're violated and be the better prepared to defend and assert them.
52:28
I think that's what's missing here.
52:31
And it's one part of what is why I created the constitution study, right?
52:34
To help people read and study the constitution.
52:36
But there are some people that want more, they want to go deeper, they want to get really serious about this.
52:41
That's why I created the Patriots program.
52:44
You can find out more at Constitution Study.com/slash Patriots.
52:48
It's it's not designed for the average casual, you know, hey, I've read the Constitution, now I'm good.
52:54
These are people that want to get deep.
52:57
It starts with education, right?
52:59
We want to read and study, we want to get into the details of the Constitution, know what's going on and really be able to be able to defend and assert our rights.
53:08
It's communication.
53:09
See, one of the things I've noticed is I've traveled this country, there are a lot of of what I would call patriot groups that are well, they're reinventing the wheel, right?
53:19
Everyone's doing the same thing over and over and over because they're not they're not communicating.
53:24
They also don't share their good ideas or or ask for help when they need it because there's no communication.
53:31
So part of the pages program is to have communication.
53:34
We're not trying to replace these groups, we're trying to help these groups.
53:38
So if you know we find out that uh you know a group has a question and someone in the in a patriot that can help, great.
53:46
If they're having an event, if they're they're speaking at a committee hearing or or something else where they could use some some help, some backup, some people willing to testify.
53:55
That's what we want to do.
53:56
We need to be able to communicate that.
53:57
And that leads to the third part.
53:59
The my minute men, the men and women ready at a moment's notice to help others, to be that person that stands at the press conference or or testifies in front of a committee that answers those questions.
54:11
It helps educate those people that really gets involved and gets engaged.
54:16
That's what we're looking for.
54:18
We're looking for serious people that take their rights and the future of this country seriously enough to put in the time and effort to become constitutional experts to communicate with others and to be involved both in their local community and where they can be of most use throughout this country.
54:35
But this is an invitation only program.
54:37
Not everybody wants this, not everybody's qualified for this.
54:40
So the first thing you have to do is go through the boot camp.
54:43
You find it there, constitutionstudy.com/slash patriots.
54:46
You'll find the click the link for the boot camp.
54:49
It's a one-hour video class.
54:51
Now, if you would like me to come and give an extended version to your community, well, reach out and I'd be happy to do if we can arrange the logistics, but it's the type of things that we do that not just me, but I want other patrons to be able to do as well.
55:05
By the way, once you've gone through the boot camp and you've passed the test and signed the oath, well, then you'll get an invitation to join us here at the Pages program.
55:14
I've got custom content for the Patriots.
55:16
I'm still building, which means you get to participate in the building of this, as well as other parts of the program.
55:23
But it all starts with you going to Constitution Study.com slash patriots, reading up about it, seeing what's involved, and then deciding, you know what, it's something I want to look at.
55:31
Let's let's go to the Patriots.
55:33
Let's go through the boot camp.
55:34
The boot camp's free.
55:36
So the only thing you lose is some of your time.
55:39
If you come and join us here, you can help be one of the ones that help make the difference in the rebirth of America.
55:46
Whether you'd like to call it make America great again or just patriotism on the rise or just celebrating our independence for 250 years.
55:55
Whatever reason you have, check it out.
55:57
Join us, go to Constitution Study.com slash patriots and find out more and check out the boot camp.
56:00
Slash Patriots and find out more and check out the boot camp.
56:04
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