Latest / Brian Thomas / Empower U - Scott Gerber - Declaration of Independence
Transcript
- 0:00Speaker 1: It's seven six here at fifty five KRCD talk station.
- 0:04Speaker 1: Brian Thomas wishing everyone a very happy Tuesday and strongly
- 0:07Speaker 1: encouraging you to log on tonight to empower you America
- 0:09Speaker 1: dot or just register first, because we have a virtual
- 0:12Speaker 1: class only and it's going to be an outstanding one.
- 0:15Speaker 1: Speaking tonight. The subject matter America at two point fifty
- 0:18Speaker 1: the Declaration of Independence and Constitutional Interpretation subheading the importance
- 0:22Speaker 1: of the Declaration of Independence. Something we should never lose
- 0:25Speaker 1: track of, something I know that the guest has not.
- 0:27Speaker 1: Professor Scott Gerber unbelievable background. Retired law professor.
- 0:30Speaker 2: He is.
- 0:32Speaker 1: He's currently the Declaration of Independence Center Scholar at the
- 0:35Speaker 1: University of Mississippi's Declaration of Independence Center for the Study
- 0:38Speaker 1: of American Freedom, a fellow at the National Association of
- 0:41Speaker 1: Scholars and Columnists for minding the campus. Longtime member of
- 0:45Speaker 1: the Ohio Advisory Committee to the US Commission on Civil Rights.
- 0:47Speaker 1: He has published six academic books, forty nine articles, thirty
- 0:51Speaker 1: eight book reviews, hundreds of op eds. He's also published
- 0:54Speaker 1: five novels. We might even hear about the new one,
- 0:56Speaker 1: The Trafficker this morning, but also one hundreds of presentations
- 1:00Speaker 1: at some of the finest law schools that are out there,
- 1:03Speaker 1: and he's the recipient of multiple awards for academic excellence.
- 1:06Speaker 1: He is Professor Scott Gerber. Welcome to the program, Scott.
- 1:10Speaker 1: An impressive background you have, and I appreciate your willingness
- 1:12Speaker 1: to join the program this morning and to do the
- 1:14Speaker 1: seminar tonight. Welcome to the show.
- 1:17Speaker 2: Well, thank you, Brian, thanks for having me, and I'm
- 1:19Speaker 2: particularly delighted to talk to you because you're a lawyer
- 1:23Speaker 2: and my take on the Declaration is lawyer oriented.
- 1:29Speaker 1: I get it, and you know, the cool thing about
- 1:31Speaker 1: it is and the notes suggested because you had an
- 1:35Speaker 1: interesting quote from Abraham Lincoln speaking about the Constitution relative
- 1:38Speaker 1: to the Declaration of Independence. But the Constitution was the
- 1:43Speaker 1: structure to protect and preserve and give form to the
- 1:47Speaker 1: Declaration's moral truth. That moral truth is that we are
- 1:51Speaker 1: created equal, but we are endowed specifically with unalienable rights.
- 1:55Speaker 1: In other words, you're born with him and the government
- 1:57Speaker 1: can't take them away or only the government isn't a
- 1:59Speaker 1: position to take them away, something our colonists experience under
- 2:03Speaker 1: the thumb of oppression from England. We have God given rights.
- 2:08Speaker 1: That's the point, this is sort of a new concept
- 2:10Speaker 1: in the world when the Declaration of Independence assigned.
- 2:14Speaker 2: That's exactly right, And you just summarized what Walter Isaacson
- 2:20Speaker 2: called the greatest tentons ever written, and your listeners know
- 2:24Speaker 2: the sentence, but I'm going to read it anyway. We
- 2:26Speaker 2: hold these truths to be self evident, that all men
- 2:30Speaker 2: are created equal, that they are endowed by the Creator
- 2:33Speaker 2: with certain unailiable rights, that among these are life, liberty,
- 2:38Speaker 2: and the pursuit of happiness. And my talk tonight is
- 2:41Speaker 2: going to be about the relationship between those moral truths
- 2:45Speaker 2: and the Constitution of the United States, and how the
- 2:47Speaker 2: Constitution is the political architecture designed to effectuate the moral
- 2:53Speaker 2: truths of the Declaration of Independence.
- 2:55Speaker 1: Well, I always like to refer things as the state
- 2:58Speaker 1: of nature, so like, for example, discussing our Second Amendment rights,
- 3:01Speaker 1: which the founders recognize most notably since Britain tried to
- 3:04Speaker 1: liberate everyone from their firearms and therefore their ability to
- 3:07Speaker 1: defend themselves. If you were born in the wild, there
- 3:10Speaker 1: are no forms of government. You are there by yourself.
- 3:12Speaker 1: What do you have? You have literally everything? You can
- 3:15Speaker 1: worship who you want to worship. You can defend yourself
- 3:17Speaker 1: from the dangers that may lurk around the corner with
- 3:19Speaker 1: no one telling you you can't. We could go on.
- 3:21Speaker 1: There's no one there to intrude into your personal effects,
- 3:24Speaker 1: and papers on and on and on. Those are embodied
- 3:26Speaker 1: in the Bill of Rights, and I think they speak
- 3:28Speaker 1: the truth. If you sort of put yourself in that
- 3:30Speaker 1: position pre government, you are free, quite literally. And while
- 3:34Speaker 1: we must have rules and laws that may curb those
- 3:37Speaker 1: freedoms in an ordered society, it doesn't take away the
- 3:40Speaker 1: fact that you have these inalienable rights.
- 3:45Speaker 2: Correct, and the government is not supposed to infringe on
- 3:48Speaker 2: our rights. They're supposed to protect the rights that our
- 3:53Speaker 2: creator endoubt us.
- 3:54Speaker 1: With supposed to right. And also, I mean, let's let's
- 4:01Speaker 1: face it, this was the red light of the sand
- 4:04Speaker 1: that in the content and the Declaration of Independence also
- 4:07Speaker 1: points out listen basically and boiled down in Brian Thomas's verbage,
- 4:11Speaker 1: you know, when you're fed up, when you can no
- 4:13Speaker 1: longer tolerate the oppression, you're a feeling you have the
- 4:16Speaker 1: right to overthrow that form of government exactly.
- 4:21Speaker 2: And the Declaration, as my work documents, is grounded in
- 4:26Speaker 2: the political philosophy of John Locke, and his famous contribution
- 4:33Speaker 2: included the right to revolution when the government itself can't
- 4:38Speaker 2: be reformed and instead infringes on our rights and becomes tyrannical.
- 4:44Speaker 1: Yeah, and isn't it interesting that the left, those who
- 4:46Speaker 1: seek to undermine the United States of America, given all
- 4:49Speaker 1: of its wild success based on these freedoms, wants to
- 4:52Speaker 1: put into its place something more along than American, to
- 4:55Speaker 1: something socialist, which is, if nothing else, a complete eradicator
- 5:00Speaker 1: freedoms and liberties.
- 5:02Speaker 2: Exactly. And another part of my talk is about Clarence
- 5:07Speaker 2: Thomas's commitment to the Declaration of Independence. One of my
- 5:12Speaker 2: books is about Clarence Thomas, and the reason I wrote
- 5:15Speaker 2: the book was he had a shared interest in the
- 5:18Speaker 2: connection between the Declaration and the Constitution. And his most
- 5:22Speaker 2: famous contribution to American jurisprudence, which we saw implemented in
- 5:28Speaker 2: twenty twenty three, was that rights in the United States
- 5:33Speaker 2: or individual rights, not group rights. And that's why the
- 5:36Speaker 2: Supreme Court declared it illegal to have race based admissions policies,
- 5:42Speaker 2: for example, in the nation's colleges and universities.
- 5:48Speaker 1: One of the biggest failures I think in American education
- 5:51Speaker 1: is that young people were never really quite clearly taught
- 5:55Speaker 1: much beyond the just simple bait. We declared independence from Britain,
- 5:59Speaker 1: and then they move on the reason for the declaration,
- 6:03Speaker 1: and I think a lot of people might not be
- 6:05Speaker 1: aware that within the Declaration of Independence they outlined all
- 6:07Speaker 1: of the abuses that they wanted to that were not addressed,
- 6:11Speaker 1: and the reason for breaking away from and declaring independence
- 6:14Speaker 1: that we were literally abused. We were denied the ability
- 6:18Speaker 1: to control our own destinies. We had the unreasonable searches
- 6:22Speaker 1: and seizures, people kicking indoors, general warrants, the taking away
- 6:26Speaker 1: of firearms taxes without representation, on and on and on,
- 6:30Speaker 1: all of these things again erosions into our freedoms and liberties.
- 6:33Speaker 1: Why don't they stress this to our young people in
- 6:35Speaker 1: school these days? So at least we have some understanding
- 6:38Speaker 1: about the importance of the freedoms that the Declaration of
- 6:41Speaker 1: Independence brought to light, and that we're confirmed in the Constitution.
- 6:46Speaker 2: Yeah, exactly right. And it's not just our kids in
- 6:49Speaker 2: school that don't know it. But I had an op
- 6:51Speaker 2: beed a month ago or so in the Washington Times
- 6:56Speaker 2: where I point out that the Chief Justice the United States.
- 6:59Speaker 2: John Roberts doesn't even understand it. As you know, at
- 7:03Speaker 2: the end of every year he gives a State of
- 7:05Speaker 2: the Federal Judiciary report to Congress, and so in December
- 7:10Speaker 2: he dedicated it to the Declaration of Independence because of
- 7:13Speaker 2: the two hundred and fiftieth anniversary at the moment, and
- 7:16Speaker 2: he said that the Declaration is just asplirational, has no
- 7:20Speaker 2: role in legal interpretation and all of that. And of
- 7:24Speaker 2: course I think that's dead wrong. I explain why he's
- 7:27Speaker 2: wrong in my off ed. But Clarence Thomas knows he's
- 7:31Speaker 2: dead wrong. And so my book about Clarence Thomas, that
- 7:34Speaker 2: i'll also talk about a little bit tonight, explains why
- 7:38Speaker 2: Justice Thomas feels that the Declaration explains what a quality
- 7:42Speaker 2: means in America. All men are created equal. But that's
- 7:45Speaker 2: different than what the left is trying to do by
- 7:49Speaker 2: shoving group rights theories down our throats. It's an individual right.
- 7:53Speaker 2: Every individual is entitled to the fruits of his or
- 7:57Speaker 2: her efforts and natural talents.
- 8:00Speaker 1: Yeah, and there's no I mean, this is the difference
- 8:02Speaker 1: between you know that freedom loving people and opportunity loving
- 8:06Speaker 1: people and those who think that this somehow establishes a guarantee,
- 8:12Speaker 1: like a government guarantee, that you are going to get
- 8:14Speaker 1: the happiness that you want to pursue that you're I mean,
- 8:18Speaker 1: some might I think if I use the word bastardize
- 8:21Speaker 1: the language of the Constitution as well as Declaration of
- 8:24Speaker 1: Independence to suggest that it is government's obligation to create
- 8:27Speaker 1: some sort of equality among US citizens, most notably financial equality.
- 8:34Speaker 2: Right, correct, It is not. We're supposed to be able,
- 8:37Speaker 2: as you pointed out, and as the language of the
- 8:39Speaker 2: Declaration makes obvious, pursue our happiness. The government doesn't give
- 8:44Speaker 2: us things, doesn't give us happiness, but it's not supposed
- 8:48Speaker 2: to take away things from us either. And so if
- 8:51Speaker 2: I work hard than you, or you work harter than me,
- 8:54Speaker 2: and you're smarter than me, and all of that, you're
- 8:56Speaker 2: entitled to more than I am.
- 9:00Speaker 1: Well, And of course it's smart people that I go
- 9:01Speaker 1: out and pursue and actually achieve that end up employing
- 9:04Speaker 1: the rest of us out here, or maybe not quite
- 9:06Speaker 1: capable of doing it. Scott W two employee. I have
- 9:10Speaker 1: always been, and I think those who've gone before me
- 9:12Speaker 1: who have provided employment opportunities for me throughout my life.
- 9:15Speaker 1: You know, some can and some can't, and God bless
- 9:17Speaker 1: the people who can and that they are not impeded
- 9:19Speaker 1: from doing so for the benefit of the entire country.
- 9:22Speaker 1: Let us pive it over because I know you're gonna
- 9:23Speaker 1: mention it tonight in The Trafficker, which is your most
- 9:25Speaker 1: recent novel. Give me a little insight because I understand
- 9:28Speaker 1: it takes place in Ohio.
- 9:30Speaker 2: Yeah, I appreciate you bringing that up. I'll talk about
- 9:34Speaker 2: that tonight as well. It's the origins of it are
- 9:38Speaker 2: as you pointed out in the intro. I've been on
- 9:41Speaker 2: the Ohio Advisory Committee to the US Commission on Civil
- 9:44Speaker 2: Rights since two thousand and eight. That's a long time.
- 9:48Speaker 2: And around twenty and fifteen we did an investigation and
- 9:53Speaker 2: a report on human trafficking in Ohio and I was
- 9:57Speaker 2: shocked what I learned and the testimony of one of
- 10:04Speaker 2: the witnesses, a woman who had been trafficked when she
- 10:06Speaker 2: was a child, just haunted me. And so I decided
- 10:11Speaker 2: that I was going to write a novel about it
- 10:13Speaker 2: because I thought that was the best way to reach people,
- 10:17Speaker 2: to reach them emotionally and to try to, you know,
- 10:21Speaker 2: bring this problem to light. It's shocking. Toledo is shockingly
- 10:25Speaker 2: a hub of human trafficking in the United States. Ohio
- 10:29Speaker 2: is the second worst state in the country for human trafficking,
- 10:33Speaker 2: if you can believe such a thing. You know, Yeah,
- 10:36Speaker 2: a thousand, a thousand children a year in Ohio are
- 10:40Speaker 2: trafficked for sex. Fifteen hundred and foreign nationals are trafficked
- 10:46Speaker 2: in Ohio every year for sex. And I venture to
- 10:49Speaker 2: say that, you know, every week or two, every one
- 10:53Speaker 2: of us, when we're just walking around, going into a restaurant,
- 10:57Speaker 2: going into a motel, we see someone being traffick and
- 11:01Speaker 2: we just don't know it right, right. And so January
- 11:06Speaker 2: was National Human Trafficking Awareness Month, and it's been that
- 11:10Speaker 2: by decree of the President of the United States since
- 11:12Speaker 2: twenty ten. And so the novel came out in mid January,
- 11:17Speaker 2: and it's illegal thriller. And luckily for me, so far,
- 11:20Speaker 2: the readers have not only understood the substance of message
- 11:24Speaker 2: I'm trying to tell in the story, but have kindly
- 11:28Speaker 2: mentioned that the pages keep on turning, and so that's
- 11:31Speaker 2: what that's what I'm trying to do. But so my
- 11:34Speaker 2: novels are page turners, but I also want a substance
- 11:37Speaker 2: of message in there.
- 11:39Speaker 1: So, Scott Gerber, it is a work of fiction built
- 11:42Speaker 1: around the realities of the situation in the state of Ohio. Exactly,
- 11:47Speaker 1: exactly real quick, is it? This I seventy five Corridor
- 11:51Speaker 1: is one of the reasons why we're one of the
- 11:52Speaker 1: most prominent states for trafficking or is there some of
- 11:55Speaker 1: the reason Ohio has that nefarious label attached to it?
- 11:59Speaker 2: Yeah, it's that. And Toledo is you know, is a
- 12:04Speaker 2: is a hub of you know, the highways going out
- 12:07Speaker 2: towards Chicago and then up to Canada, then over to Pennsylvania,
- 12:11Speaker 2: all all of that.
- 12:13Speaker 1: Oh, the horrors of that are just beyond just just
- 12:15Speaker 1: beyond my capable understand capability of understanding tonight, Scott Gerber,
- 12:19Speaker 1: it's a log in only empower you America dot or
- 12:23Speaker 1: just register ahead of time. Seven o'clock is the star time.
- 12:25Speaker 1: It's going to be fascinating. And I guess Scott, considering
- 12:28Speaker 1: you're talking about the Declaration of Independence and as well
- 12:30Speaker 1: as a constitution in the history, you would probably welcome
- 12:34Speaker 1: younger people joining in the fun and logging into the
- 12:36Speaker 1: to the seminar.
- 12:40Speaker 2: Yeah you broke up a little bit.
- 12:42Speaker 1: You're still there, Yeah, yeah, yeah, I'm just thinking it
- 12:44Speaker 1: sounds to me like some younger people.
- 12:46Speaker 2: Yeah, yeah, absolutely yeah. As you pointed out, younger people
- 12:51Speaker 2: aren't being taught enough about the Declaration, and this is
- 12:54Speaker 2: the two hundred and fiftieth anniversary, and so tonight is
- 12:58Speaker 2: a good opportunity for them to learn a little bit
- 13:01Speaker 2: more about it in detail, and to learn about the
- 13:04Speaker 2: connection between the Declaration and the Constitution, and also to
- 13:09Speaker 2: learn about how the most senior justice on the US
- 13:12Speaker 2: Supreme Court how he feels.
- 13:13Speaker 1: About the Declaration. Outstanding subject matter. Gather around seven pm
- 13:18Speaker 1: to Star Time Inpoweroamerica dot org. Scott, thanks for your
- 13:20Speaker 1: time this morning and all the great work that you
- 13:22Speaker 1: do throughout the year. Keep it up. We be looking
- 13:24Speaker 1: forward to reading your new book, The Trafficker, and hopefully
- 13:28Speaker 1: somebody in Columbus will do something about that. Scott Garber,
- 13:31Speaker 1: have a great seminar tonight, and thanks again for your time.
- 13:35Speaker 2: Thank you, Brian, have a good day.
- 13:37Speaker 1: Thanks you too. Seven twenty right now fifty five krc
- 13:39Speaker 1: he talks