The Federalist and Anti-Federalist Papers – What Lies at the Bottom of Our Constitutional Order w/Dorollo Nixon

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Leadership Lessons from the Great Books Podcast, episode number

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196, with Dorollo Nixon.

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In 3, 2, 1.

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Hello, my name is Jesan Sorrells, and

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this is the Leadership Lessons from the Great Books Podcast,

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episode number 196, And

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96. We are wandering

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delicately through a very, very hot summer where I am

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living towards our big 200th

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episode. Here we still are in the month of July,

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though. And, before we get to that big 200th episode, and,

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well, we’re going to pick up kind of right

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where we left off with a reading today

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from the Federalist Papers. Number 23,

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written by Alexander Hamilton. And I

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quote, the necessity of a Constitution, at

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least equally energetic with the one proposed, to the preservation of

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the Union, is the point at the examination of

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which we are now arrived. This inquiry will naturally

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divide itself into 3 branches: the objects to be provided for by a federal government,

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the quantity of power necessary to the accomplishment of those objects,

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the persons upon whom that power ought to operate.

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Its distribution and organization will be, will more properly claim our

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attention under the succeeding head.

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The principal proposes to be answered by union are

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these. The principal purposes to be answered by union are these:

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the common defense of the members, the preservation of the public peace, as well as

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against internal, uh, convulsions as external attacks,

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The regulation of commerce with other nations and between the states.

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The superintendence of our intercourse, political and commercial, with foreign

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countries. The authorities essential to

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the common defense are these: to raise armies, to build and equip fleets, to prescribe

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rules for the government for both, to direct their operations,

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to provide for their support. These powers ought to exist without limitation

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because it is impossible to foresee to define the extent and variety of

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national exigencies and the correspondent extent

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and variety of the means which may be necessary to satisfy them.

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The circumstances that endanger the safety of nations are infinite, and for this reason,

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no constitutional shackles can wisely be imposed on the power to

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which the care of it is committed. This power ought to be

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coextensive with all possible combinations of such circumstances.

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and ought to be under the direction of the same councils which are

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appointed to preside over the common defense.

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This is one of those truths which, to a correct and unprejudiced mind,

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carries its own evidence along with it and may be obscured but

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cannot be made plainer by argument or reasoning. It

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rests upon axioms as simple as they are universal.

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The means ought to be proportioned to the end, The persons

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from whose agency the attainment of any end is expected

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ought to possess the means by which it is to be attained.

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Whether there ought to be a federal government entrusted with the care of the common

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defense is a question in the first instance open to discussion, but the moment

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it is decided in the affirmative, it will follow that the government ought to be

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clothed with all the powers requisite to complete execution

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of its trust. And unless it can be shown that the

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circumstances which may affect the public safety are reducible within

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certain determined limits, unless the contrary of this position can be

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fairly and rationally disputed, it must be admitted as a

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necessary consequence that there could be no limitation of that

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authority, which is to provide for the defense and protection of the community

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in any manner essential to its efficacy. That is,

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in any manner essential to the formation, direction or

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support of the national forces.

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But of course, as Hamilton himself even pointed out,

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we’re going to disagree even about

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that. In the course of the last

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250 years as a nation, We the people

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of the United States have argued, fought, disagreed, and

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clashed over what exactly the opening lines of the US

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Constitution, which Hamilton was seeking to defend there in the

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Federalist Papers, and which the Anti-Federalists, who we’re

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also gonna talk about today, were seeking to

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knock down. These terms, right, the opening

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lines of the US Constitution, we’ve been arguing over what these actually mean.

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And just so that you have a reminder, here are those opening lines. We the

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people of the United States, in order to form a more

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perfect union. The sweep of such a

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statement is breathtaking in its assumption that perfection can be

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formed, achieved, and at the furthest end assured

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for posterity. But the founders

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who put together the Constitution, some of whom also put together the

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Declaration of Independence, believed

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exactly that. Hmm.

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As Hamilton talked about in that example that I read from the Federalist Papers about

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national defense, to get to perfection, we need to tacitly agree

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on some foundational precepts, not only about reality, but

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also about the nature of agency, autonomy, coercion, freedom,

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and in the last order, responsibility and accountability.

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Those areas don’t determine where rights come from. They

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emanate from an Almighty God. But those areas do

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determine just how far fallen human beings can advance who are tragically flawed,

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deeply sinful, and fundamentally in rebellion

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against all manner of circumstances and

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realities. The reason the US

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Constitution and the arguments around its meaning matter is because the founders

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understood the fundamental psychology that theology and orientation of

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other humans in a way that other revolutionaries who have followed in their

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significant wake, from Rousseau to Marx

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to Lenin to Pol Pot to even Saddam Hussein, have

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missed and will always miss.

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I quote from the second generation of founders,

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the great Henry Clay, this piece.

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To keep in mind as we have our conversation today.

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Nothing human is perfect. Do not reject the practicable

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in the idle pursuit after the unattainable.

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Let us imitate the illustrious example of the framers of the Constitution

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and always remember that whatever springs from man partakes of

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his imperfections. Close quote.

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Leaders, today we are going to talk about how to

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create a more perfect union, not only

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through partaking of imperfections, but also through

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clashes and compromise.

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And we are going to do this today through the lens of, as we usually

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do during this time in July, like we did last year, we’re going to do

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this through the lens of looking at some Supreme Court

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decisions that recently came down. And we’re going to talk about

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how these interact with ideas that were explored in the Federalist

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Papers and in the Anti-Federalist Papers with

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our usual guest in the month of July. Uh,

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previous guest, by the way, on this show, Libby Unger, said, and I

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quote, I don’t wanna be on in July. That’s

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DiRollo’s month. So we

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give it to, and we open with And we welcome back to the show,

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after talking about the Declaration of Independence, a good friend of the show,

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our co-host today, DeRollo Nixon Jr.,

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Esquire. How you doing today, DeRollo?

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Oh, no audio.

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Excellent, excellent, excellent. Yes, doing great.

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Happy to be here. Happy to be here.

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So let’s talk a little bit about the 14th Amendment and birthright citizenship. Let’s

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open up with that one. The Supreme

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Court came down in Trump v. Barbara

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that children born in the United States to parents unlawfully or

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temporarily present are, quote unquote, subject to the jurisdiction of the United States and

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are citizens of birth under the 14th Amendment’s Citizenship Clause.

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This one created a lot of consternation, Darrell,

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because it is, it is about the franchise and how the franchise

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spreads and opens in ways that even Jefferson could not have

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predicted, nor Hamilton, nor John Jay, nor any of those guys.

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Right. And so, The Civil War,

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which of course instigated the creation of the 14th Amendment, because

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after you win a civil war, what to do with the loser’s property, which is

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now no longer a property, but is actually now going to be, going to be

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looked at as human beings, really does begin to

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sort of shift around your conception of what the franchise actually really

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means, not only at a psychological and at a cultural level, but also at a

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political and social level. And so The 14th

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Amendment did little at a cultural level, but at a

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political level, it created this whole new

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band of people called citizens that, again, had previously been

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property. However, citizenship is not

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merely a political act. It’s also a cultural one. And

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some people in our country, some parties in our country get that. Other

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parties in our country seem to not understand the question. So

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talk a little bit about birthright citizenship.

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Talk a little bit about anchor babies for those of us who don’t know what

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that means. And what exactly will the Supreme

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Court’s— where exactly, in your opinion, as a barrister

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of the court, where will the Supreme Court’s

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decision ultimately lead? Because I have some thoughts on this myself, but this was a

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big one from the Supreme Court this session.

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Oh, let’s try one more time.

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Can you hear me now? Yes, go.

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Y-M-C-A. Yeah, that one I figured out. That was because I turned

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my head, because my

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laptop, uh, included

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non-directionally sensitive mic

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likes to do funny things, and DeRollo likes to talk with his hands.

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And be loud. So, yes, Trump v.

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Barbara. It’s an interesting decision.

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Interesting in the Chinese sense, right? May you live in

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interesting times. It’s an interesting decision. Yeah.

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It did have a clear majority, barely, that basically said

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birthright citizenship, that that rule was

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ancient. That it was still in vigor in the United

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States, and that it encompassed people, including the

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children of illegal immigrants,

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regardless of duration. My understanding is also regardless of duration

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of the illegality. And so 40 years here, for

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whatever reason, came as babies, then they meet, have a kid.

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That child is a citizen, meaning the child

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who’s DNA has been here for almost half a century,

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as well as

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tourists, right? Birth tourists, mothers, as

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I know Justice Alito addressed in his dissent, who show up

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lawfully, right? But in his view, not subject to the

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jurisdiction of the United States, and then have, you know, a child

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and then turn around and go back to pick a country. He picked one.

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I’m not going to, you pick that country, uh, because it could be any country.

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It’s irrelevant. It’s that the mother was lawfully admitted into the

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United States as a tourist, and so it’s a temporary stay.

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Um, there’s zero intention, at least

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without subterfuge, there is zero intention of remaining

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permanently, right? Mm-hmm. Or the tourist visa would not have been granted.

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And so there you are, and then she shows up. Hi, by the way, I’m

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9 months pregnant. Bada bing, there you go. Let’s go back home because now

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you’ve got your citizenship and we can go. You know, we have our birth certificate,

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we’re outie, you know, and it’s just like, no, no.

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What surprised me the most in terms of arguments that I did

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not expect was Justice Kavanaugh’s, right?

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Mm-hmm. Who agreed with the result because he thought

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that the executive order went too far based on what Congress had

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passed in 1940 and then in 1952,

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and that apparently the executive branch always cites when it’s doing enforcement,

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or related immigration activities.

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Okay. Section 1401, I believe, of

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8 USC. So the U.S. Code, Title 8.

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And so he believes that all Congress needs to do is

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change the law. And changing the law is obviously much

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easier than changing the Constitution. It was designed to be difficult to change the

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U.S. Constitution. So I find it interesting that for him, And

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of course, you know, with the way the votes came down, you

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know, one more justice on the

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side of, yeah, birthright citizenship, for

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whatever rationale, should not expand to include people

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who are not here lawfully or

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who came here under different auspices,

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you know. Mm-hmm. I think he would be in favor of that. And so,

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you know, that’s, that’s kind of exciting. It’s kind of

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exciting. One of the things that I thought is,

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that is pregnant in the circumstances,

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right, is that we’re in an era of mass immigration. Mm-hmm.

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It’s a 21st century phenomenon. And Europe, of

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course, has been swamped with mass immigration for

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decades. And the United States had a

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moment when we were, and thankfully under President

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Trump, lots of that has diminished, right? Mm-hmm. But there was

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mass— what do they call it? Mass migration. Excuse me, that’s the word, mass

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migration. Because migration just means movement of peoples, right? It’s the

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movement of some set of people. And

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they’re not necessarily coming over through the

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lawful points of entry. And so that’s why I like migration better,

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because, you know, very many people do and very many people don’t. Great.

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And so, um, the use of mass migration

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as a cultural force to

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basically drown a host culture, Mm-hmm.

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I just think is, is not just true, but you can

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find historic examples that show that. And so,

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you know, I don’t, I don’t know what he’s saying. Certainly on this show, nobody

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is saying, hey, you oppose this, you’re racist.

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No, no. Yet, you know,

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race doesn’t play into it in the sense that

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it doesn’t matter where the origin of the mass migration was

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and thus what the people look like. It’s if you look at the host

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culture, the host nation, And then you watch what

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happens when all of a sudden there’s all of these people coming

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over the border. It’s just like, this is how you can lose

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your identity. It’s how you can lose your, the integrity of your

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culture, right? And so I think

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those of us who love America and

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love our culture recognize that we’ve been welcoming of

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immigrants from the beginning. And of course there’s an asterisk

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and then there’s a footnote there. Right. And I know some of the

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justices dealt well with both of those points. Okay.

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The asterisk refers to, well, if you look at the First Immigration Act from

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1790, it literally was limited to freeborn white persons. Mm-hmm.

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Right. So we’ve always welcomed immigrants. We have not always welcomed immigrants from everywhere.

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We have always welcomed transatlantic immigrants coming over the North

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Atlantic only. Got it. Okay. At the same time,

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there’s a footnote because that was not occurring. And I know Justice

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Alito dealt with this. That was prior to the

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age of mass migration. And not just that, prior to the age

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of modern or contemporaneous— no, not

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contemporaneous, modern global tourism

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on the cheap, you know, something that didn’t really start until the 1970s,

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right? Deregulation, certainly in the United States,

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deregulation of Air transport is what

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produced the environment we have now, where if I want to go to Paris from

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Phoenix, Arizona, and I want 2 stopovers, it’s not even

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going to cost me $500 one way. Wonderful. Yeah, that didn’t exist,

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you know, prior to the 1970s. It cost a lot of money. And

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00:18:00,530 –> 00:18:04,210
certainly prior to air travel, ship, shipborne travel costs

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a lot of money. There weren’t that many tourists. There weren’t that many de Tocquevilles,

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right? Right. Yeah. And the Crèvecoeurs, there

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weren’t that many of them. You know, there were many more Thomas Paines. Okay, he

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was going one way and that was it. And he was intending to remain

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and get enfranchised and do his thing. And that’s a, that’s a beautiful thing. And

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I think our country is better because of it. But anyway, that’s what the footnote

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is about. You know, this is prior to modern

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global tourism, let alone, you know, this

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era of mass migration where whole populaces

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are trying to move like Les Helvètes did. Yeah.

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in the Gaul that Julius Caesar was about to conquer.

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And he put a stop to their migration. Right. So, so

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every country in the history of the world has determined who gets to be in

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their borders and who doesn’t, who gets to be, to your point about Rome,

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00:18:58,163 –> 00:19:01,893
who gets to be Roman, to your point about Germany, who

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gets to be German. Every country in the history of the world has gotten, has

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had the opportunity to decide who gets to be a member

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of that nation state. And that was back when we had a more

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robust, particularly at the elite levels, a more robust

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appreciation for nation states and for,

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quite frankly, nationalism. Ever since World War II,

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there has been a declining interest among the elites who make our laws

295
00:19:29,526 –> 00:19:33,329
and who determine our policies. You talk

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00:19:33,329 –> 00:19:36,958
about the US Code. The elites who put together that code,

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00:19:37,953 –> 00:19:41,710
maybe not in the 1940s, maybe not in the 1910s, maybe not

298
00:19:41,710 –> 00:19:45,066
even the 1920s. The elites 100 years later in

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00:19:45,098 –> 00:19:48,726
2026, they don’t view nationalism in the

300
00:19:48,726 –> 00:19:52,531
same way that you and I do who actually live on the ground

301
00:19:52,708 –> 00:19:56,015
in nation states with specific cultures, with a

302
00:19:56,015 –> 00:19:59,547
specific mindset, with a specific set

303
00:19:59,612 –> 00:20:03,449
of variables that we can identify as being

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00:20:04,347 –> 00:20:07,920
Italian or German or, or, or

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00:20:08,754 –> 00:20:12,312
English or Canadian or, or, you know, United States of

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00:20:12,312 –> 00:20:15,885
America. Right. And America gets

307
00:20:15,885 –> 00:20:19,700
hoisted by its own petard because in the early part of the

308
00:20:19,732 –> 00:20:23,321
20th century, we decided, thank you, Emma Goldman,

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00:20:23,898 –> 00:20:27,312
that we were going to be a nation of immigrants because of that damn,

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the damn wording on the frickin Statue of Liberty that, by the way, is not

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00:20:31,687 –> 00:20:34,894
in the Constitution and is not in the Declaration of Independence. It’s not in the

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00:20:34,894 –> 00:20:37,637
founding documents. It’s not part of the founding documents. It’s part of the— it’s a

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00:20:37,637 –> 00:20:40,960
freaking thing etched. I’ve seen it on the Statue of Liberty. I’ve been there.

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It’s at freaking Ellis Island. It was one moment in time. And yet we are

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00:20:44,653 –> 00:20:48,316
hoisted by our own petard consistently because of that language

316
00:20:48,492 –> 00:20:49,810
by elites who

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00:20:52,268 –> 00:20:55,752
look at one mass of people in one country as the

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same as another mass of people in another country.

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That’s the problem we’ve got to fix, is the elite thinking

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00:21:04,813 –> 00:21:08,514
and the capture of the institutions, right, that

321
00:21:08,514 –> 00:21:11,927
these people are engaged in. Because just, just one Supreme

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00:21:11,959 –> 00:21:15,517
Court ruling— and this is where you get to Brett Kavanaugh now—

323
00:21:16,046 –> 00:21:19,699
Brett Kavanaugh knows that changing the law is easier than changing the Constitution

324
00:21:20,132 –> 00:21:23,865
because the elite capture all the way up and down the

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00:21:23,897 –> 00:21:27,668
block, even in the United States. Is too hard to

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00:21:27,701 –> 00:21:29,244
overcome to change the Constitution.

327
00:21:31,517 –> 00:21:34,639
He believes it would be easier to change the law. Me personally,

328
00:21:35,637 –> 00:21:39,145
and this is where I, I, I will now reveal what I’m thinking about this.

329
00:21:39,258 –> 00:21:42,762
When I heard about this, this decision, I, I immediately thought, well,

330
00:21:43,357 –> 00:21:46,539
the Supreme Court continues its path

331
00:21:47,214 –> 00:21:50,495
that it has been on for the last, I would say, 5 to 10 years

332
00:21:51,242 –> 00:21:54,942
of kicking things back to the legislature. And literally saying

333
00:21:55,118 –> 00:21:58,803
to the second branch of government, stop being social media

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influencers and fundraising honeypots and do your—

335
00:22:03,449 –> 00:22:06,670
pardon my word, pardon my use of the term— do your friggin job.

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00:22:07,567 –> 00:22:10,627
Stay in Washington, D.C. where it’s 110 degrees and

337
00:22:10,659 –> 00:22:13,847
legislate. Stop sending us up this

338
00:22:14,120 –> 00:22:17,853
garbage to deal with. The Supreme Court has been consistently saying

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00:22:17,885 –> 00:22:21,297
this in ruling after ruling, except for cultural ones. And we’ll get into that

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00:22:21,490 –> 00:22:25,254
later on here today. But it’s been saying that pretty much in ruling

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00:22:25,271 –> 00:22:28,928
after ruling. You see this in, in West

342
00:22:28,976 –> 00:22:32,605
Virginia versus Chevron last year that we talked about with the

343
00:22:32,911 –> 00:22:36,706
EPA. You’re seeing this now with the 14th Amendment, with the 14th Amendment,

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Trump v. Barbara. You’re seeing that with this. They are yelling at the

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00:22:40,485 –> 00:22:43,120
legislative body to do its job. And yet

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00:22:44,531 –> 00:22:46,640
we’re all on Mitch McConnell death watch.

347
00:22:48,462 –> 00:22:52,233
Like, that’s our greatest thing to do. Or like, what is— I know Marjorie Taylor

348
00:22:52,233 –> 00:22:56,004
Greene isn’t in the Congress anymore, but like, what’s— who’s doing what on

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Instagram? Ooh, who did Nancy Mace burn on Instagram?

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00:23:00,001 –> 00:23:03,628
Ooh, Thomas Massie really got a good one on blah, blah, blah, blah, blah.

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00:23:03,949 –> 00:23:07,672
This is what we’re— or Graham Plantner with his Nazi tattoo, like, on—

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00:23:08,041 –> 00:23:11,620
in friggin’, you know, Maine. This is the garbage that the legislature is

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consumed with. So I guess the question becomes really for for

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00:23:15,249 –> 00:23:18,864
us, not at a cultural level, although there’s a lot of cultural

355
00:23:18,880 –> 00:23:22,673
stuff in there. At a legal level, how do we change

356
00:23:22,705 –> 00:23:26,554
the law? How do we get the legislature to pay attention enough, get its

357
00:23:26,554 –> 00:23:30,339
head out of Instagram and start being

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00:23:30,598 –> 00:23:33,819
an actual legislative body? How do we return to that?

359
00:23:35,962 –> 00:23:39,795
As a person, as a person who’s ran for a legislative body, DiRollo,

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00:23:39,827 –> 00:23:42,452
I put that to you. How do we return to that? Because that’s the only

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00:23:42,468 –> 00:23:45,956
way we’re going to solve this. birthright citizenship problem.

362
00:23:47,085 –> 00:23:50,648
I think Kavanaugh’s right. It may not be the only way to

363
00:23:50,648 –> 00:23:53,115
solve the citizenship issue,

364
00:23:53,650 –> 00:23:57,463
but, you know, it would certainly be

365
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easier getting the institutions out of the

366
00:24:01,099 –> 00:24:02,268
hands of—

367
00:24:02,741 –> 00:24:06,345
they’re not out-of-touch elitists,

368
00:24:06,410 –> 00:24:07,926
right? They know what they’re doing.

369
00:24:09,866 –> 00:24:13,417
It’s disingenuous to represent them that way. They’re not out of touch. They

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00:24:14,140 –> 00:24:17,482
believe they have the right to tell us how to— how we’re going to live.

371
00:24:17,980 –> 00:24:21,793
They’re in touch with the wrong things. Yes. And they, and they don’t, they don’t

372
00:24:21,793 –> 00:24:25,372
have a problem making the decisions that show that they could care less

373
00:24:25,485 –> 00:24:29,289
about our liberties and our rights. And so I

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00:24:29,289 –> 00:24:32,908
don’t believe that changes until, one,

375
00:24:33,347 –> 00:24:36,572
we found new institutions on Older

376
00:24:36,572 –> 00:24:40,391
principles that have, you know, stood the test of time. 2,

377
00:24:41,626 –> 00:24:45,316
we then begin to be selective in whom we elect,

378
00:24:45,461 –> 00:24:49,151
right, to choose non-elitists. I’ll give a little

379
00:24:49,151 –> 00:24:52,921
microcosm of how it could look that would be really strange when you think about

380
00:24:52,921 –> 00:24:56,595
it and kind of scary. But I mean, I think liberty is worth it.

381
00:24:57,028 –> 00:25:00,606
If you look at statistics on

382
00:25:01,279 –> 00:25:05,014
where Supreme Court justices went to college,

383
00:25:05,350 –> 00:25:08,074
right? And/or to law school.

384
00:25:09,212 –> 00:25:12,913
There’s an enormous amount of them who went to Harvard, Yale, and

385
00:25:12,913 –> 00:25:16,727
almost nowhere else. And so can you imagine if

386
00:25:16,727 –> 00:25:19,643
you had a president, and let’s make it

387
00:25:20,669 –> 00:25:24,370
not so contentious, in 15 to 20 years, and his

388
00:25:24,434 –> 00:25:28,104
or her job was, you know, included nominating, say,

389
00:25:28,120 –> 00:25:31,842
5 justices. Okay. Because at that point, it’s possible

390
00:25:31,842 –> 00:25:34,895
that several of them could, could have died or could die. So

391
00:25:36,413 –> 00:25:39,644
imagine if that president said, I’m going to

392
00:25:39,644 –> 00:25:43,311
intentionally select people who did not go to Harvard or Yale,

393
00:25:43,617 –> 00:25:45,685
who never taught at either of those.

394
00:25:47,389 –> 00:25:51,085
Here we go. And then we’d have someone from UC Davis, someone

395
00:25:51,085 –> 00:25:54,862
from Emory, somebody from University of Michigan or wherever, and all the—

396
00:25:54,878 –> 00:25:58,472
or from Rutgers, you know, my law school. So then it’s like, okay,

397
00:25:59,223 –> 00:26:01,991
Now, I had to put that plug in. Now it’s like, okay, you know,

398
00:26:03,092 –> 00:26:06,832
how would our jurisprudence depart from

399
00:26:06,832 –> 00:26:08,117
its current, you know,

400
00:26:11,089 –> 00:26:14,913
sclerotic trenches, you know, where even

401
00:26:14,929 –> 00:26:18,294
the mud is frozen? How could it get out of there into living

402
00:26:18,391 –> 00:26:21,570
channels again? Right. Where

403
00:26:22,183 –> 00:26:25,345
there’s a relatability, a vibrance, a

404
00:26:25,410 –> 00:26:28,813
relatability by the average citizen and a vibrancy to the decisions that makes sense. Okay.

405
00:26:31,672 –> 00:26:35,030
My worry about reading somebody like Justice Jackson’s

406
00:26:35,160 –> 00:26:38,940
opinions, okay, somebody like her whose politics I disagree

407
00:26:38,940 –> 00:26:42,531
with, whose cultural and

408
00:26:42,531 –> 00:26:45,524
social framing of the American experiment I disagree with, right,

409
00:26:47,287 –> 00:26:51,053
is when I read her writing, the way

410
00:26:51,182 –> 00:26:54,964
she writes and the types of works she

411
00:26:54,964 –> 00:26:58,727
cites, that it’s very contemporaneous. Okay, so

412
00:26:58,954 –> 00:27:02,769
in other words, It seems more living versus somebody

413
00:27:02,866 –> 00:27:06,642
where I understand what he’s writing, and I won’t name the justice. I

414
00:27:06,642 –> 00:27:09,872
understand what he’s writing about because this is what I do for a living, right?

415
00:27:10,595 –> 00:27:14,114
I’m a federal trial lawyer. I deal with this stuff. You know, in fact,

416
00:27:14,532 –> 00:27:18,340
I have a motion I have to defend against where it’s going

417
00:27:18,372 –> 00:27:22,148
to turn on, you know, what Congress decided, you know, in 1945 and

418
00:27:22,229 –> 00:27:26,053
then later on in 1989. And it’s just like, this is— 1988, excuse

419
00:27:26,053 –> 00:27:28,204
me. This is, this is what I do for a living. So

420
00:27:30,048 –> 00:27:33,850
I understand this. But the problem is, if I leave my office and walk down

421
00:27:33,850 –> 00:27:37,271
the hall, and the woman who’s working there in the HR

422
00:27:37,271 –> 00:27:40,568
company, right, if she doesn’t understand it, now we have a problem.

423
00:27:41,130 –> 00:27:44,649
Okay? Because then if she does not

424
00:27:44,681 –> 00:27:48,362
understand justice where I agree with the views, but does understand justice

425
00:27:48,539 –> 00:27:51,886
where I think that her whole point of view is

426
00:27:52,116 –> 00:27:55,840
off, then only one of them she’s going to be listening

427
00:27:55,905 –> 00:27:59,678
to because she can’t understand the first person, you know. And

428
00:27:59,775 –> 00:28:03,587
so I think about that. But, you know, it’s part

429
00:28:03,587 –> 00:28:07,138
and parcel of the same type of thinking which

430
00:28:07,202 –> 00:28:10,689
says, oh, entrenched elites, how do we get rid of them? They’re in our

431
00:28:10,737 –> 00:28:12,667
institutions. So found new institutions.

432
00:28:14,876 –> 00:28:18,711
And then actively make choices to deselect the elitists and then

433
00:28:18,711 –> 00:28:22,270
to select the people who aren’t elitists. And of course,

434
00:28:22,545 –> 00:28:26,373
it’s going to take some flexibility. It’s going to take some

435
00:28:26,373 –> 00:28:30,189
tolerance, right? But, um, I don’t

436
00:28:30,189 –> 00:28:33,983
see another way other than a mass revival. I

437
00:28:33,983 –> 00:28:37,455
don’t see another way to— which I can’t procure.

438
00:28:37,844 –> 00:28:41,612
Um, so other than that, I don’t see a way

439
00:28:41,968 –> 00:28:45,138
to have the elites owning and running our

440
00:28:45,364 –> 00:28:48,041
country, right? Begin to say

441
00:28:49,555 –> 00:28:53,244
every single one of these citizens has the same rights and liberties,

442
00:28:53,357 –> 00:28:57,056
and my job is to defend them. Okay,

443
00:28:57,072 –> 00:29:00,725
great. So how do we do that? There’s

444
00:29:00,773 –> 00:29:04,622
certain things to do that could

445
00:29:04,622 –> 00:29:08,406
help the process, or they could just, you know, carry out

446
00:29:08,406 –> 00:29:11,820
that mandate. And I just don’t— I don’t see that happening.

447
00:29:12,842 –> 00:29:15,312
Without, you know, reseeding,

448
00:29:15,828 –> 00:29:19,348
replanting, and growing healthy trees,

449
00:29:19,542 –> 00:29:23,206
right? Because a good tree, as you know, is known by

450
00:29:23,206 –> 00:29:26,847
its fruit, because a good tree can only produce good fruit, and an evil tree

451
00:29:26,847 –> 00:29:30,487
can only produce evil fruit. So now we have an evil tree producing evil fruit.

452
00:29:30,633 –> 00:29:34,432
Okay, cut it down and burn it and found some new trees, and

453
00:29:34,432 –> 00:29:37,776
then we’re gonna have a nice forest where things function the way they do. Yeah.

454
00:29:37,910 –> 00:29:41,653
You know, for the— Well, let me, let me— okay,

455
00:29:42,139 –> 00:29:45,850
so that’s a good, that’s a good segue into this next piece. So there was

456
00:29:45,850 –> 00:29:49,673
another, uh, decision

457
00:29:49,673 –> 00:29:52,804
that came down this summer from the Supreme Court,

458
00:29:54,422 –> 00:29:57,041
um, Shachry versus the United States 609, right,

459
00:29:58,262 –> 00:30:01,587
where the court held something. And I’m going to go to this

460
00:30:01,973 –> 00:30:05,665
because this, this relates directly to to something else that did not

461
00:30:05,665 –> 00:30:09,509
exist in the, in the 18th

462
00:30:09,509 –> 00:30:12,357
century. It goes directly to,

463
00:30:14,346 –> 00:30:17,175
well, something else that didn’t exist in the 18th century that we’re dealing with now.

464
00:30:17,272 –> 00:30:20,942
So it’s not just mass migration. It’s also, it’s also our technological

465
00:30:20,974 –> 00:30:24,662
wizardry that is killing us. So there were

466
00:30:24,662 –> 00:30:28,016
several proposed amendments, right, by the Anti-Federalists, additions

467
00:30:28,113 –> 00:30:31,803
proposed to the US Constitution by the

468
00:30:31,836 –> 00:30:35,544
Virginia Convention. And it was a proposed Bill of Rights on June

469
00:30:35,544 –> 00:30:38,721
27th, 1788.

470
00:30:38,993 –> 00:30:42,828
And there were a few of these that I think would jump out at you.

471
00:30:44,271 –> 00:30:47,897
For instance, the Virginia Convention proposed that there should be an

472
00:30:47,897 –> 00:30:51,378
amendment that stated the following, that there are certain natural rights of which

473
00:30:51,555 –> 00:30:55,164
men, when they form a social compact, cannot deprive or

474
00:30:55,164 –> 00:30:58,886
divest their posterity, among which are the enjoyment

475
00:30:58,886 –> 00:31:02,226
of life and liberty, with the means of acquiring, possessing, and

476
00:31:02,306 –> 00:31:05,984
protecting property, and pursuing and obtaining happiness and

477
00:31:06,032 –> 00:31:09,726
safety. They were not Marxists, by the way,

478
00:31:09,790 –> 00:31:12,890
folks. Second Amendment that was

479
00:31:13,002 –> 00:31:16,599
proposed, that all power is naturally invested in and consequently

480
00:31:16,599 –> 00:31:20,100
derived from the people, that magistrates therefore are their

481
00:31:20,470 –> 00:31:24,196
trustees and agents, and at all

482
00:31:24,324 –> 00:31:28,143
times amenable to them. Speaking of DiRollo’s last point

483
00:31:28,272 –> 00:31:31,636
there. And then this other amendment, which

484
00:31:31,895 –> 00:31:34,337
relates directly to what we’re about to talk about,

485
00:31:36,080 –> 00:31:39,865
that every free man— this is from the Virginia folks— that every free man

486
00:31:39,881 –> 00:31:43,619
has a right to be secure from all unreasonable searches and seizures

487
00:31:43,667 –> 00:31:46,450
of his person, his papers, and property. All warrants,

488
00:31:47,060 –> 00:31:50,643
therefore, to search suspected places or seize any

489
00:31:50,981 –> 00:31:54,580
free man, his papers, or property without information on oath

490
00:31:55,772 –> 00:31:59,097
or affirmation of a person religiously scrupulous of taking an oath

491
00:31:59,676 –> 00:32:03,033
of legal and sufficient cause are grievous and oppressive,

492
00:32:03,772 –> 00:32:07,531
and all general warrants to search suspected places or to apprehend any

493
00:32:07,563 –> 00:32:11,322
suspected person without specially naming or describing the

494
00:32:11,322 –> 00:32:15,114
place or person are dangerous and ought not to be

495
00:32:15,499 –> 00:32:19,210
granted. Close quote. That’s from the Virginia

496
00:32:19,210 –> 00:32:22,037
Convention, which of course this wound up

497
00:32:23,164 –> 00:32:26,505
The language pared down quite a bit, but this wound up being the 4th

498
00:32:26,570 –> 00:32:29,798
Amendment of the U.S. Constitution.

499
00:32:31,506 –> 00:32:34,816
We have moved in the last 250 years to more and more of a

500
00:32:34,816 –> 00:32:38,158
surveillance and data, data gathering, data tracking

501
00:32:38,271 –> 00:32:41,862
panopticon, an environment that Thomas Jefferson

502
00:32:42,525 –> 00:32:46,182
and Hamilton and Madison and Jay

503
00:32:46,344 –> 00:32:50,024
at all would not have recognized. Matter of fact, they’d be shocked. at how much

504
00:32:50,443 –> 00:32:53,969
we allow surveillance in our lives.

505
00:32:54,871 –> 00:32:58,453
And this development, of course, metastasized and accelerated with

506
00:32:58,469 –> 00:33:01,982
great haste between the twin monoliths of 9/11 and, of

507
00:33:01,998 –> 00:33:05,027
course, your

508
00:33:05,542 –> 00:33:08,263
friend and mine, that pandemic called COVID.

509
00:33:09,985 –> 00:33:13,737
From license plate cameras to stoplights to apps in your phone needing

510
00:33:13,833 –> 00:33:17,589
access to your camera and your microphone, for some odd reason to work,

511
00:33:18,092 –> 00:33:21,900
we have surrendered more and more freedom of movement in favor of the freedom to

512
00:33:21,900 –> 00:33:25,567
be quote unquote safe. Artificial

513
00:33:25,567 –> 00:33:29,115
intelligence applications, of course, push this fact to the next logical level

514
00:33:29,538 –> 00:33:32,864
and guarantee, or virtually guarantee, without robust

515
00:33:32,864 –> 00:33:36,310
protection, that the citizens of the United States will wind up losing all of their

516
00:33:36,342 –> 00:33:40,030
Fourth Amendment protections, or at least only keeping them if they

517
00:33:40,030 –> 00:33:43,874
behave quote unquote correctly. as defined by elites

518
00:33:43,988 –> 00:33:47,551
who are, to DeRolo’s point, I’ll grant him

519
00:33:47,584 –> 00:33:51,416
this, who are focused on other things and fighting

520
00:33:51,594 –> 00:33:55,401
other battles, not the ones we’re fighting and

521
00:33:55,417 –> 00:33:58,976
not the things we’re focused on. So the

522
00:33:58,976 –> 00:34:02,824
recent Supreme Court decision, Chatterjee versus the United States, the court

523
00:34:02,856 –> 00:34:06,415
held that, quote, an individual has a reasonable expectation of

524
00:34:06,415 –> 00:34:09,995
privacy in records about his cell phone’s location. And the police

525
00:34:10,124 –> 00:34:13,699
intrude on that constitutionally protected interest when they demand the information,

526
00:34:14,757 –> 00:34:18,524
even though for only a limited time. And by

527
00:34:18,524 –> 00:34:21,746
the way, those are the 2 most important words, even though,

528
00:34:22,388 –> 00:34:26,187
and, and from a third-party tech company. Now,

529
00:34:26,315 –> 00:34:30,115
by the way, close quote. By the way, I was not a lawyer. I

530
00:34:30,163 –> 00:34:33,818
never went to law school, but I do have a shockingly high level of reading

531
00:34:33,850 –> 00:34:37,426
comprehension. And I do understand that, as I said,

532
00:34:37,763 –> 00:34:41,534
even though and, and both separated by a comma, interestingly

533
00:34:41,551 –> 00:34:44,856
enough, as DiRollo once told me, commas do make a difference,

534
00:34:46,028 –> 00:34:49,494
does have incredible meaning and impact, this Supreme Court

535
00:34:49,494 –> 00:34:52,495
decision. Matter of fact, I believe this decision is a

536
00:34:52,848 –> 00:34:56,137
fundamental miracle in our time that is going to go

537
00:34:56,298 –> 00:34:59,587
undiscussed and unrecognized.

538
00:35:00,149 –> 00:35:03,517
I was shocked. when this came down.

539
00:35:04,100 –> 00:35:07,259
Like, I thought, holy heck.

540
00:35:09,137 –> 00:35:12,479
And I’ll give a little background of the, of the story. So apparently, or the

541
00:35:12,479 –> 00:35:16,046
case. So apparently an individual was not pulled

542
00:35:16,094 –> 00:35:19,915
over, but there was some sort of legal incident with an individual. And

543
00:35:19,979 –> 00:35:23,819
the individual’s cell phone data was, was

544
00:35:23,932 –> 00:35:27,161
desirous to be scraped by the local police.

545
00:35:27,788 –> 00:35:31,442
And they, of course, went to Google and told Google, hey, unlock this

546
00:35:31,442 –> 00:35:34,839
person’s phone and scrape their information. And the person

547
00:35:34,887 –> 00:35:38,493
sued them. And this went all the way up to, to the

548
00:35:38,493 –> 00:35:42,018
Supreme Court, resulting in, resulting in this, this

549
00:35:42,018 –> 00:35:45,863
conclusion, this case. Like I said, monumental,

550
00:35:46,007 –> 00:35:49,404
because in my adult time, in the time that I’ve been adult, I turned

551
00:35:49,404 –> 00:35:53,089
21 2 weeks after September 11th. In the years

552
00:35:53,089 –> 00:35:56,663
since I have been an adult, there has been more and more

553
00:35:56,663 –> 00:36:00,191
encroachment by And again, this is where the

554
00:36:00,191 –> 00:36:03,863
comma and the and is important in this decision. Third-party

555
00:36:03,976 –> 00:36:07,810
tech companies just working for the

556
00:36:07,810 –> 00:36:11,613
government and pretending that there’s some penumbra of

557
00:36:11,711 –> 00:36:15,417
protection of Fourth Amendment rights of the individual, when in

558
00:36:15,450 –> 00:36:19,178
reality that, that veil has long since

559
00:36:19,178 –> 00:36:22,568
been shredded. There is no Fourth Amendment protection if the local

560
00:36:22,568 –> 00:36:26,413
cops I read a story the other day about how local

561
00:36:26,413 –> 00:36:30,157
cops, not in the area I live in, but somewhere in Texas,

562
00:36:30,970 –> 00:36:34,807
were, were, were using license plate cameras to like go stalk

563
00:36:34,807 –> 00:36:38,617
and harass people. This is happening.

564
00:36:40,321 –> 00:36:43,504
This is a fundamental Fourth Amendment violation. And that’s why this

565
00:36:43,713 –> 00:36:47,160
decision is so tremendous. So, DiRollo,

566
00:36:48,371 –> 00:36:52,035
how could people build on the miracle of this decision from the

567
00:36:52,035 –> 00:36:54,295
Supreme Court and put more of the state back in the box on the Fourth

568
00:36:54,295 –> 00:36:57,589
Amendment? And also put those private

569
00:36:57,654 –> 00:37:01,453
organizations back in the box, too, because they like them and their 400

570
00:37:01,453 –> 00:37:05,301
lawyers in a basement somewhere in Menlo Park are parsing

571
00:37:05,414 –> 00:37:09,210
through this, trying to find ways to just continue giving information to

572
00:37:09,210 –> 00:37:12,989
the government because the government is actually— the federal government is actually their

573
00:37:13,005 –> 00:37:16,444
biggest, in some cases, their biggest customer

574
00:37:16,783 –> 00:37:20,027
for data on you and I. Go ahead, Dorollo.

575
00:37:22,118 –> 00:37:23,630
Yeah, no, it’s a great decision.

576
00:37:26,077 –> 00:37:29,072
There have been inroads made against the Fourth Amendment for

577
00:37:29,845 –> 00:37:33,532
way, way, way, way, way too long on one side, on

578
00:37:33,629 –> 00:37:37,238
one side. And then it was taken and people just ran with it. I mean,

579
00:37:37,254 –> 00:37:40,849
that’s how you got Roe, was abuses of the Fourth Amendment.

580
00:37:41,123 –> 00:37:44,929
And it’s tough in a sense when

581
00:37:44,929 –> 00:37:48,561
you recognize here’s a principle, or it must be tough because I’ve never been a—

582
00:37:48,787 –> 00:37:51,919
well, have I been a judge? No, I’ve only had one quasi-judicial job.

583
00:37:52,657 –> 00:37:56,011
where I was on a zoning board of appeals. But it’s tough where

584
00:37:58,300 –> 00:38:01,750
you can see the principle and you can see what you want to

585
00:38:01,750 –> 00:38:05,438
hold, but the law is telling you otherwise. And so your

586
00:38:05,470 –> 00:38:08,805
job then is to scream about it and then uphold the law.

587
00:38:10,006 –> 00:38:13,821
And so it’s tough. And so that was the position that Mr. William

588
00:38:13,901 –> 00:38:17,457
O. Douglass— Mr. Justice William O. Douglass found himself in, in Griswold v.

589
00:38:17,538 –> 00:38:20,997
Connecticut. I believe in 1965, when—

590
00:38:22,315 –> 00:38:25,965
and Griswold Douglas, excuse me, he was a— he was a— Mr. Justice Douglas was

591
00:38:25,965 –> 00:38:29,758
a real liberal. Okay. A guy living however he wanted,

592
00:38:29,807 –> 00:38:33,536
like Walt Whitman. Okay. And that was

593
00:38:33,568 –> 00:38:37,008
that. I mean, brilliant. Columbia Law School. That’s probably

594
00:38:37,458 –> 00:38:40,897
school number 3, right, for Supreme Court justices. But anyway,

595
00:38:43,066 –> 00:38:46,713
Connecticut passed a law that prohibited even married couples

596
00:38:47,130 –> 00:38:50,400
from using contraception or something like that. And on

597
00:38:50,512 –> 00:38:53,990
constitutional grounds, though the document does not

598
00:38:54,038 –> 00:38:57,789
mention sex or sexual relations, on constitutional

599
00:38:57,789 –> 00:39:01,492
grounds, using the Fourth Amendment, the Supreme Court

600
00:39:01,492 –> 00:39:05,194
overturned that. And Mr. Justice Douglas wrote that opinion, and that was the road

601
00:39:05,258 –> 00:39:09,105
to Roe. And Roe would follow in less than 10 years based on the

602
00:39:09,105 –> 00:39:12,439
same notion of privacy that can’t be touched.

603
00:39:13,145 –> 00:39:16,676
What bothered me on the other end, which is where we started, is that they

604
00:39:16,676 –> 00:39:20,399
were actual tangible aspects of privacy that the amendment protects,

605
00:39:20,802 –> 00:39:24,215
and they were just being ignored. Right. And

606
00:39:24,731 –> 00:39:28,541
for me, the big— the real edema started

607
00:39:28,831 –> 00:39:31,817
with the drug war. Right. Because that was the

608
00:39:31,817 –> 00:39:35,569
justification for all of this increase in policing. And that was

609
00:39:35,698 –> 00:39:39,482
also, you know, what the need was for. That’s what created—

610
00:39:39,903 –> 00:39:42,284
I mean, you’ve heard of the expression hot pursuit. It’s coming out of the

611
00:39:42,284 –> 00:39:45,571
jurisprudence where there’s no warrant,

612
00:39:45,814 –> 00:39:49,484
but you’re chasing somebody. Oh, okay. So how

613
00:39:49,533 –> 00:39:53,220
far can we go? Right? And it’s just like, let’s back up. Why are you

614
00:39:53,220 –> 00:39:56,809
chasing somebody? Oh, it’s because it’s about drugs. Oh, okay. So

615
00:39:57,051 –> 00:40:00,899
this is, this is what we owe our weakened— in

616
00:40:00,932 –> 00:40:03,809
the contemporary context, what we owed our weakened

617
00:40:04,794 –> 00:40:08,461
Fourth Amendment protections to was the

618
00:40:08,461 –> 00:40:11,287
drug war. Okay. But anyway,

619
00:40:13,242 –> 00:40:16,578
How do you build on this? Well, here’s why.

620
00:40:18,748 –> 00:40:22,596
Here’s why. Because the drug war is now defunct. Like, right or left, I don’t

621
00:40:22,661 –> 00:40:26,113
care who you are. The drug war is now defunct. It’s done. And

622
00:40:26,113 –> 00:40:29,945
there’s no— there’s nobody who’s reasonably— there’s nobody

623
00:40:29,978 –> 00:40:33,788
who’s reasonably saying this is— no, I’ll back up. I’ll back up a step

624
00:40:33,788 –> 00:40:36,807
even further. When the states are

625
00:40:37,065 –> 00:40:39,562
legalizing weed, The drug war is over.

626
00:40:41,480 –> 00:40:44,835
But that’s just weed, you know, like— Doesn’t matter. Drug war’s over. What’s gonna be

627
00:40:44,835 –> 00:40:48,433
next? Is it gonna be heroin? I don’t care. I do not care. It’s

628
00:40:48,514 –> 00:40:51,376
over. It’s done. Let’s all just declare that we lost and let’s all just go

629
00:40:51,466 –> 00:40:55,285
home. Sorry, Richard Nixon. It was an interesting

630
00:40:55,333 –> 00:40:58,898
idea. And maybe when you— if you spent more time protecting cultural

631
00:40:58,898 –> 00:41:02,625
morality around Christianity rather than worrying

632
00:41:02,625 –> 00:41:06,041
about the federal government coming in And failing to recognize that there would be

633
00:41:06,041 –> 00:41:09,816
secular people following you, maybe you would have had a better shot. But

634
00:41:09,816 –> 00:41:13,564
you didn’t. You just assumed that Christianity would just keep

635
00:41:13,613 –> 00:41:17,401
going and Christian moral compass would just keep going. And that— have

636
00:41:17,401 –> 00:41:21,086
you looked at the population of Colorado lately? That is not a

637
00:41:21,086 –> 00:41:24,677
correct assumption. That is fundamentally incorrect.

638
00:41:25,066 –> 00:41:28,414
So the drug war is

639
00:41:28,511 –> 00:41:32,154
over and the Christians lost. The Christian worldview lost. It

640
00:41:32,154 –> 00:41:35,345
lost on drugs. I don’t know. You know, there’s ways to fix it,

641
00:41:35,996 –> 00:41:37,884
but it’s not going to be in the law. It’s going to be in the

642
00:41:37,884 –> 00:41:40,952
culture. So let’s declare the drug war officially done.

643
00:41:41,646 –> 00:41:44,970
Let’s put Fourth Amendment violations, search and seizure,

644
00:41:45,341 –> 00:41:48,897
people’s papers. What is it when they, when they

645
00:41:49,059 –> 00:41:52,378
auction off, you know, the drug dealers’ stuff that they find?

646
00:41:54,309 –> 00:41:58,114
Asset seizures, asset forfeiture. I hate asset forfeiture. And

647
00:41:58,114 –> 00:42:01,481
yes, I’m using the word hate. I very rarely use that on this show. I

648
00:42:01,513 –> 00:42:05,286
have extremely strong opinions about asset forfeiture. I think it is fundamentally

649
00:42:05,640 –> 00:42:07,995
a black eye on the republic

650
00:42:10,140 –> 00:42:13,802
because you’re in essence penalizing a person twice. First, you’re

651
00:42:13,802 –> 00:42:17,304
penalizing them criminally, which I’m all for. Fine, you want to give somebody—

652
00:42:17,982 –> 00:42:21,538
and we could talk about maximum minimums and drug laws and that kind of stuff,

653
00:42:21,861 –> 00:42:24,835
whatever— but you’ve already penalized them criminally.

654
00:42:25,592 –> 00:42:29,390
And now you’re going to penalize them civilly. And they can’t even

655
00:42:29,406 –> 00:42:32,068
defend themselves in that, in an asset forfeiture situation.

656
00:42:33,966 –> 00:42:37,266
And by the way, this has nothing to do with whether or not I’m pro-drug,

657
00:42:37,298 –> 00:42:40,405
anti-drug, any of that. This is just a violation of Fourth. I look at this

658
00:42:40,405 –> 00:42:44,125
again as under the, under the entire tearing of the veil of

659
00:42:44,125 –> 00:42:47,932
the Fourth Amendment. We have now wound up in this space with

660
00:42:48,061 –> 00:42:51,817
asset forfeiture that now leads into a place where if

661
00:42:52,027 –> 00:42:55,727
I don’t take the COVID jab because some state doesn’t

662
00:42:55,824 –> 00:42:59,427
like it, they can seize my children and my property,

663
00:42:59,524 –> 00:43:03,227
or even worse, we’ll get to this in a

664
00:43:03,227 –> 00:43:06,012
minute. If I don’t agree that men can be women,

665
00:43:07,246 –> 00:43:10,858
they could take my children away from me. As I’m looking at you, California.

666
00:43:12,068 –> 00:43:15,439
That law passed. But we’ll get to that in a second.

667
00:43:16,110 –> 00:43:18,966
How do we put— how do we use this ruling? I keep going back to

668
00:43:18,982 –> 00:43:21,309
this. How do we— because I think this is the beginning. This is like the

669
00:43:21,309 –> 00:43:25,123
Chevron doctrine that got overturned. This is the beginning of

670
00:43:25,123 –> 00:43:28,888
something, I think. Unfortunately, we have a legislature that doesn’t legislate.

671
00:43:29,862 –> 00:43:32,085
So how can we build on this?

672
00:43:38,160 –> 00:43:41,892
Willing to— you can hear me, right? Yes. Excellent. You have to find a state

673
00:43:41,892 –> 00:43:45,191
that is willing to recognize that people,

674
00:43:46,956 –> 00:43:49,406
even potential criminals, have the right to

675
00:43:51,449 –> 00:43:55,140
be secure in their persons, in their phones,

676
00:43:55,399 –> 00:43:59,203
in their non-digital papers. Mm-hmm. And

677
00:43:59,381 –> 00:44:02,724
that you just get probable cause, get a warrant. Great. That if you

678
00:44:02,853 –> 00:44:06,532
back up, you will accomplish more and you will

679
00:44:06,790 –> 00:44:10,082
accomplish— you can have

680
00:44:10,114 –> 00:44:13,388
significant achievements that are defensible in

681
00:44:13,484 –> 00:44:17,080
detail rather than just defensible in terms of numbers. Oh, I

682
00:44:17,209 –> 00:44:21,044
took 1,000 perps off the streets, that, that’s not

683
00:44:21,157 –> 00:44:24,539
really meaningful without understanding how you

684
00:44:24,539 –> 00:44:28,120
trampled on everybody else’s rights in order to do that, right? That

685
00:44:28,411 –> 00:44:32,214
there’s some percentage of them that may not even be guilty at all, right? And

686
00:44:32,214 –> 00:44:35,952
yet here they are because of what you guys were doing. Or is that just

687
00:44:35,952 –> 00:44:37,389
tech manipulation? I don’t know.

688
00:44:39,575 –> 00:44:43,273
But I have a quote, and that’s why I got up before. I haven’t— being

689
00:44:43,306 –> 00:44:46,983
an attorney, I have the memoirs of

690
00:44:47,920 –> 00:44:50,054
former Justice Felix Frankfurter

691
00:44:51,977 –> 00:44:55,812
in my office. And so towards the end of chapter

692
00:44:55,812 –> 00:44:57,215
5, it’s called Reminiscences.

693
00:45:00,400 –> 00:45:03,693
Reminiscences. Felix Frankfurter Reminiscences.

694
00:45:04,352 –> 00:45:07,951
What’s tripping me up about the word is that there’s a related word

695
00:45:08,048 –> 00:45:11,802
that former General Douglas MacArthur used, right? I think

696
00:45:11,802 –> 00:45:15,620
his is Reminiscences or something. Yeah, exactly. So this is what

697
00:45:15,620 –> 00:45:19,131
he says towards the end of— at the end of chapter 5. He’s

698
00:45:19,131 –> 00:45:22,675
talking about his former boss who was the U.S. Attorney for the

699
00:45:22,675 –> 00:45:26,220
Southern District of New York. And so that’s the chief

700
00:45:26,220 –> 00:45:29,616
federal prosecutor for Manhattan and the Bronx. That’s what it means. Okay.

701
00:45:31,854 –> 00:45:35,380
And it’s interesting because he talked in this chapter, talked about immigration, talked about habeas

702
00:45:35,412 –> 00:45:39,123
corpus. Okay. Talked about things that are still relevant today. Just

703
00:45:39,123 –> 00:45:42,814
like they were relevant 400 years ago in England, you know, they’re still

704
00:45:42,814 –> 00:45:46,297
relevant today. Can the government arbitrarily keep you in

705
00:45:46,747 –> 00:45:50,181
behind bars? Okay, but for how long? Like,

706
00:45:50,197 –> 00:45:53,311
that’s literally what they were dealing with then, what we’re still dealing with more than

707
00:45:53,311 –> 00:45:56,938
100 years later, right, from Frankfurter State. But this is what he said

708
00:45:56,938 –> 00:46:00,758
about Henry L. Stimson. Okay, and I underlined it because

709
00:46:00,790 –> 00:46:04,241
it stuck out because of my views on the Fourth Amendment. Okay.

710
00:46:05,711 –> 00:46:09,228
He was rather austere is a little too strong. I’m sure

711
00:46:09,825 –> 00:46:13,583
he must have had a good deal of influence on the exactions I make of

712
00:46:13,632 –> 00:46:17,480
my young men, what my standards are. This was an incredibly

713
00:46:17,658 –> 00:46:21,493
effective and wholly scrupulous man. When he

714
00:46:21,703 –> 00:46:25,465
went out to raid a place with a

715
00:46:25,465 –> 00:46:28,863
search warrant, not only wouldn’t he do it

716
00:46:28,863 –> 00:46:32,650
without a search warrant, But he’d send youngsters like me or

717
00:46:32,650 –> 00:46:36,279
Tom Thatcher, with whom I shared a room, later Judge Thatcher,

718
00:46:37,451 –> 00:46:41,240
to see to it that the raiding officers kept within the

719
00:46:41,321 –> 00:46:45,094
limits of the search warrant. Hmm. Quote,

720
00:46:45,158 –> 00:46:48,707
I’m quoting, but now I’m going to emphasize, okay, no

721
00:46:49,413 –> 00:46:53,154
wiretapping was allowed during his whole

722
00:46:53,829 –> 00:46:55,418
regime, period.

723
00:46:58,208 –> 00:47:01,947
There you go. And so, yeah,

724
00:47:03,129 –> 00:47:06,544
and I just, I wrote at the bottom of that page integrity, right?

725
00:47:06,948 –> 00:47:10,672
This was a federal prosecutor who did his job, who did his job,

726
00:47:11,465 –> 00:47:15,253
you know, with great integrity and

727
00:47:15,285 –> 00:47:18,717
who knew here’s a line and you don’t cross that

728
00:47:18,766 –> 00:47:22,506
line. More importantly, He knew as a

729
00:47:22,506 –> 00:47:26,199
government official, here’s a line beyond which we don’t have

730
00:47:26,199 –> 00:47:29,876
authority, we just have power. And that distinction has been

731
00:47:29,876 –> 00:47:32,316
lost, right? So they have the power.

732
00:47:33,665 –> 00:47:36,683
So the tech companies have the power to get this information.

733
00:47:37,294 –> 00:47:40,986
They have the ability— they being the government— have the ability to ask,

734
00:47:41,115 –> 00:47:44,663
hey, can we have this data? And because the tech companies aren’t

735
00:47:44,663 –> 00:47:48,501
necessarily run by patriots, I’ll just leave that there. They have zero

736
00:47:48,501 –> 00:47:52,194
problem turning over this data in whatever form and on whatever

737
00:47:52,194 –> 00:47:55,558
volume. Right? Oh, it wasn’t just one guy’s data. It was a

738
00:47:55,931 –> 00:47:59,284
million people’s data. Yeah, but they were able to search and find this one

739
00:47:59,332 –> 00:48:03,129
particular guy. Right. So it doesn’t matter then. Okay. Mm-hmm. And

740
00:48:03,129 –> 00:48:05,598
you knew that they would be able to do that anyway. But

741
00:48:07,162 –> 00:48:10,808
that, you know, that there were scruples and that they

742
00:48:10,937 –> 00:48:14,469
recognized, you know, U.S. Attorney Simpson did

743
00:48:14,646 –> 00:48:18,394
that. Look, here’s what we can’t do. We can do

744
00:48:18,394 –> 00:48:21,484
our jobs, we can get our wins, we’ll have some losses, but we can still

745
00:48:21,484 –> 00:48:23,631
get our wins. And do what we need to do

746
00:48:25,393 –> 00:48:29,160
by keeping within our constitutional authority. Moreover, our

747
00:48:29,273 –> 00:48:32,942
country’s mission, okay, as this

748
00:48:33,199 –> 00:48:36,654
arc of freedom, as this place where men can be

749
00:48:36,654 –> 00:48:40,309
free, meaning they can exercise their liberties and own

750
00:48:40,374 –> 00:48:44,101
property, and to do that under the

751
00:48:44,247 –> 00:48:47,131
law is enabled and

752
00:48:47,659 –> 00:48:51,323
encouraged and strengthened when we do this. And then when we

753
00:48:51,323 –> 00:48:55,104
don’t, I mean, are you really safe? I mean, were you going to be

754
00:48:55,104 –> 00:48:58,693
mugged in East Germany? Were you going to be mugged in East Germany in

755
00:48:58,693 –> 00:49:02,105
1970 when every other person was, was

756
00:49:02,201 –> 00:49:05,694
informing to the Stasi? Right. Were you going to be mugged? Probably less

757
00:49:06,143 –> 00:49:09,956
than Chicago. I don’t want to live in Chicago. I’d

758
00:49:09,988 –> 00:49:13,721
rather live in Chicago 7 days out of 7 than East Germany. Period.

759
00:49:14,057 –> 00:49:17,566
Okay. Free and safe. Safe and

760
00:49:17,598 –> 00:49:21,132
safety. But what does safety mean? You know,

761
00:49:21,359 –> 00:49:24,303
what does safety mean? How safe are you

762
00:49:25,160 –> 00:49:28,233
when the government has all the cards, when they have all the power, when they

763
00:49:28,233 –> 00:49:31,984
can cancel you and take your property and take your kids

764
00:49:32,760 –> 00:49:35,265
and keep you in jail on whatever pretext?

765
00:49:36,583 –> 00:49:39,996
It frustrates me that people will

766
00:49:40,286 –> 00:49:43,988
go— they will go to the mats to show up

767
00:49:45,034 –> 00:49:48,685
and disrupt ICE. But they won’t go to the

768
00:49:48,701 –> 00:49:52,071
mats and show up and protest New York City just

769
00:49:52,200 –> 00:49:55,410
releasing criminals left and right like it’s normal. Like, oh,

770
00:49:56,132 –> 00:49:59,598
this is your second murder this month, great, here you go on bail, whatever. And

771
00:49:59,598 –> 00:50:03,434
it’s just like, why aren’t you showing up for that? Where are the protests

772
00:50:03,434 –> 00:50:07,157
for that? And what will it take to get you there? Will it take

773
00:50:07,206 –> 00:50:10,464
that it’s somebody you love who’s murdered, and then will you all of a sudden—

774
00:50:10,480 –> 00:50:14,027
will the light bulb go on? That would be tragic. In several senses, if that

775
00:50:14,027 –> 00:50:17,865
were the case. Um, but what would be more tragic

776
00:50:17,865 –> 00:50:20,610
is if it never goes on, if the light bulb never goes on and you

777
00:50:20,610 –> 00:50:23,292
just stay in the dark, totally comfortable

778
00:50:24,223 –> 00:50:27,820
doing your thing and not understanding, hey, you’re living in a

779
00:50:27,820 –> 00:50:31,176
matrix and the reality is something else.

780
00:50:31,673 –> 00:50:35,126
And, uh, you had a moment when you were exposed to the

781
00:50:35,126 –> 00:50:37,679
reality and you just called it a glitch and you just kept going.

782
00:50:38,819 –> 00:50:42,464
Hmm. And it’s like, no, no. I mean,

783
00:50:42,608 –> 00:50:46,044
what’s that movie? I’m gonna find— I’ll find it while you’re

784
00:50:46,060 –> 00:50:48,244
talking. Um, but

785
00:50:49,657 –> 00:50:53,494
it’s about— it’s about somebody who got canceled, but this is

786
00:50:53,607 –> 00:50:57,444
like 15 years before it was a thing. I think it’s

787
00:50:57,444 –> 00:50:59,789
a late ’90s movie about, uh,

788
00:51:00,993 –> 00:51:02,727
cancel US movie.

789
00:51:05,534 –> 00:51:07,553
Where actress

790
00:51:09,052 –> 00:51:12,296
canceled internet?

791
00:51:14,951 –> 00:51:18,080
Nope, that’s not even close. Oh yeah,

792
00:51:18,128 –> 00:51:21,238
come on, Netflix must own that

793
00:51:21,351 –> 00:51:24,347
algorithm

794
00:51:24,347 –> 00:51:27,910
search. Speaking of the tech company, well, okay, so that’s,

795
00:51:27,992 –> 00:51:30,504
that’s the other piece of this. So the tech companies, right?

796
00:51:31,840 –> 00:51:35,310
Netflix, Amazon, um, Facebook,

797
00:51:35,457 –> 00:51:37,428
Google, um,

798
00:51:40,425 –> 00:51:44,194
the combined worth of which is well over that of a small

799
00:51:44,323 –> 00:51:47,513
nation-state. Um,

800
00:51:48,703 –> 00:51:51,394
they are worth trillions of dollars in the open market.

801
00:51:52,526 –> 00:51:55,455
Their executives— go ahead. Got it.

802
00:51:56,272 –> 00:51:57,877
Okay, what is it? The Net,

803
00:51:58,760 –> 00:52:00,798
1995, y’all.

804
00:52:01,167 –> 00:52:04,569
1995. It’s 31 years old this year.

805
00:52:05,195 –> 00:52:09,031
Starring the lovely Sandra Bullock. Sandra Bullock with that

806
00:52:09,031 –> 00:52:12,498
girl from the bus, the movie about the computer with the girl from the bus

807
00:52:12,707 –> 00:52:16,350
as what’s his name said on— Frank Costanza

808
00:52:16,350 –> 00:52:18,757
said on Seinfeld when he was going to open up a tech company in his

809
00:52:18,757 –> 00:52:20,860
garage and get George to work for him.

810
00:52:22,233 –> 00:52:24,788
That’s right, he’s gonna sell computers.

811
00:52:26,049 –> 00:52:29,671
And George was like, you’re gonna compete with Apple and

812
00:52:29,671 –> 00:52:33,143
IBM and these big companies? Yeah,

813
00:52:34,048 –> 00:52:37,296
yeah, yeah, yeah, yeah, yeah, yeah.

814
00:52:37,845 –> 00:52:41,625
Well, I mean, look, I, I, I,

815
00:52:42,647 –> 00:52:46,413
I hate to say this, none of this is new. It’s

816
00:52:46,413 –> 00:52:49,975
just the technology has gotten better. And my concern with these

817
00:52:50,087 –> 00:52:53,871
big trillion-dollar companies is they are

818
00:52:53,871 –> 00:52:56,818
now all developing artificial intelligence. And

819
00:52:57,414 –> 00:53:00,933
the thing that is being offered to us, the thing that is on

820
00:53:01,030 –> 00:53:04,871
offer from these toys, is that we

821
00:53:04,887 –> 00:53:08,342
will all be able to sit around and be, to your point earlier,

822
00:53:09,104 –> 00:53:12,692
we will all sit around and be able to be safe. There will be universal

823
00:53:12,692 –> 00:53:16,003
basic income that will come to us just magically out of the sky.

824
00:53:17,157 –> 00:53:19,897
And all we have to do is interact with the

825
00:53:20,522 –> 00:53:23,967
magical dictionary machine, the magical predictive

826
00:53:23,967 –> 00:53:27,749
dictionary machine that will give us everything. And there

827
00:53:27,749 –> 00:53:31,467
are enough— pardon my use of the term, folks, not anybody who listens to

828
00:53:31,515 –> 00:53:35,008
this show, not anybody who’s on this show, talk about other people—

829
00:53:35,425 –> 00:53:39,110
there are enough fools in the world who will believe this. There’s

830
00:53:39,142 –> 00:53:42,331
never been a shortage of fools who believe that nonsense.

831
00:53:45,686 –> 00:53:48,624
I think Fourth Amendment violations get to be more—

832
00:53:50,037 –> 00:53:52,156
I think one or two things will happen. I think they will be harder to

833
00:53:52,269 –> 00:53:56,090
identify. And I also think that they will be tougher

834
00:53:56,122 –> 00:53:59,846
to stop when, when, when, because

835
00:53:59,846 –> 00:54:03,619
right now artificial intelligence is in its early adopter era. Most

836
00:54:03,748 –> 00:54:07,520
average people aren’t interacting with AI in any

837
00:54:07,520 –> 00:54:11,208
kind of meaningful way. And it’s being imposed as a top-down

838
00:54:11,224 –> 00:54:14,936
fiat from these organizations rather than as a bottom-up organic

839
00:54:14,953 –> 00:54:18,711
thing the way the internet was. And top-down fiats and innovation never actually

840
00:54:18,808 –> 00:54:22,294
work. They get abandoned unless, of course, there’s a,

841
00:54:22,503 –> 00:54:25,604
there’s a pandemic or a war or

842
00:54:26,310 –> 00:54:29,778
some other kind of thing that forces people to give up

843
00:54:30,086 –> 00:54:33,025
their rights. Um,

844
00:54:35,367 –> 00:54:38,888
I’ll just ask you this follow-up question. Thoughts on AI? How does AI interact with

845
00:54:38,921 –> 00:54:42,652
this? Do you— am I seeing this correctly, or am I totally out

846
00:54:42,652 –> 00:54:43,928
the wazoo on this one?

847
00:54:47,293 –> 00:54:51,091
Oh, oh, start again. Can you hear me?

848
00:54:51,495 –> 00:54:55,148
Yeah, go ahead. Excellent.

849
00:54:55,358 –> 00:54:59,095
YMCA, We Will Rock You. I’m just, you know,

850
00:54:59,356 –> 00:55:02,969
songs from the ’70s. Any of them? Yeah. You’re gonna start off with

851
00:55:02,986 –> 00:55:05,349
Bobby Blue Bland in a minute, and we’re gonna all be in trouble.

852
00:55:10,346 –> 00:55:14,129
Yes, AI can take it to a different level. And then what happens when,

853
00:55:15,535 –> 00:55:19,366
you know, municipalities start adopting it to do other things? Like, what about when

854
00:55:19,366 –> 00:55:23,147
it’s just profiling people with data that municipalities collect? And

855
00:55:23,147 –> 00:55:26,362
it’s like, I know they made a movie about this. I think it starred Tom

856
00:55:26,378 –> 00:55:29,926
Cruise, but where we’re going to figure out in advance who’s going to

857
00:55:29,974 –> 00:55:33,766
commit crimes. Minority Report. Yep. And then it’s like, all

858
00:55:33,766 –> 00:55:37,400
right, so here we go. Boom. Um, pre-crime. Pre-crime. Yep.

859
00:55:37,913 –> 00:55:41,734
Right. Because AI is that smart, right? Um, now there’s

860
00:55:41,815 –> 00:55:45,195
one really cool thing about it, and, um,

861
00:55:46,214 –> 00:55:50,050
I’m trying to find a good reference, so I apologize for not having

862
00:55:50,148 –> 00:55:53,353
it, but any Christian

863
00:55:54,712 –> 00:55:58,488
What am I saying? It’s 2026. Christians believe that God

864
00:55:58,536 –> 00:56:01,965
is a Trinity— Father, Son, and Holy Spirit. I was going to refer to the

865
00:56:01,982 –> 00:56:05,071
arguments people used to have, and it’s like, stop, Derulo, it’s 2026.

866
00:56:06,268 –> 00:56:09,439
Less than 1% of people even know what you’re talking about in that regard. So

867
00:56:09,488 –> 00:56:13,152
just say it, say it. All right, so Father, Son, Holy Spirit. There’s a,

868
00:56:13,476 –> 00:56:17,170
there’s a tech anti-Trinity, and all I

869
00:56:17,282 –> 00:56:20,870
can remember is something like tech will save you as the

870
00:56:20,902 –> 00:56:24,743
false savior, and I can’t remember the other parts. But what

871
00:56:24,840 –> 00:56:27,608
I like, in quotation marks,

872
00:56:28,482 –> 00:56:32,042
meaning I don’t really like it, I think it’s horrible. It’s just that it’s

873
00:56:32,042 –> 00:56:35,745
going— our giving ourselves this tech as if it’s our savior is going

874
00:56:35,842 –> 00:56:39,158
to bring humanity to a place where

875
00:56:39,158 –> 00:56:42,832
humanity is then actually ready to recognize, wait a minute, that

876
00:56:42,880 –> 00:56:46,657
was all a lie. And now we’re worse slaves than we were before. We

877
00:56:46,657 –> 00:56:50,212
need an actual savior who can come in and liberate us from this. Yeah. And

878
00:56:50,212 –> 00:56:53,825
then it’s like, there you go. So I can see it coming, you know, where

879
00:56:53,825 –> 00:56:56,795
it’s like, oh, but the tech is going to save us, you know, save us

880
00:56:56,795 –> 00:57:00,584
from environmental disaster, from this, from whatever, you know.

881
00:57:00,649 –> 00:57:04,101
And it’s just like, stop, you know, read the Bible,

882
00:57:04,422 –> 00:57:08,211
stop. Um, so on the environmental aspect,

883
00:57:08,436 –> 00:57:12,177
I stopped my research right when I would find passages.

884
00:57:12,691 –> 00:57:15,549
And the one that’s of course coming in my spirit is from

885
00:57:17,104 –> 00:57:19,508
I think it’s from the Epistle to the Hebrews, but it talks about how the

886
00:57:19,508 –> 00:57:22,889
Son of God is upholding the entire

887
00:57:23,017 –> 00:57:25,901
universe with his word. And it’s like, okay, I don’t have to worry about the

888
00:57:25,917 –> 00:57:29,427
earth if the entirety of creation is being upheld by a

889
00:57:29,427 –> 00:57:32,968
word. A word. That’s power and that’s

890
00:57:32,968 –> 00:57:36,718
authority. A word. Got it. Okay, so you’re over

891
00:57:36,734 –> 00:57:40,436
here trying to do your crusade to do whatever,

892
00:57:40,724 –> 00:57:44,402
and of course Let me back up. I like recycling. I love

893
00:57:44,434 –> 00:57:47,535
conservation because I love, I love the earth. I love hunting.

894
00:57:47,953 –> 00:57:51,761
Okay. So it’s just like, I understand that there are processes to follow

895
00:57:51,761 –> 00:57:55,055
to better take care of the earth. And not just that, when you’re abusing the

896
00:57:55,055 –> 00:57:58,574
earth, you’re actually sinning against the earth’s creator, period. Okay. These are

897
00:57:58,574 –> 00:58:02,333
Christian ideas. They’re not new. Right. Go ask a farmer,

898
00:58:02,414 –> 00:58:05,643
hey, what happens if we put all this crap in the water? Oh, that’s horrible.

899
00:58:05,868 –> 00:58:09,632
So what do you— right. They get it. They get it. Hunters get it. Hikers

900
00:58:09,665 –> 00:58:13,111
get it. Campers get— we get it. Okay, I don’t want to go camping in

901
00:58:13,111 –> 00:58:15,864
the woods and here’s your trash because you couldn’t figure out how to use a

902
00:58:15,864 –> 00:58:17,894
receptacle and recycle. I get it. Okay.

903
00:58:19,634 –> 00:58:23,163
But, um, as you delve

904
00:58:23,340 –> 00:58:26,830
more deeply into the enviro— and then sometimes literally

905
00:58:26,878 –> 00:58:30,602
enviroterrorism, right? Just the way things go. Um, there’s

906
00:58:30,602 –> 00:58:34,322
something that is theological at its base. Oh yeah.

907
00:58:34,370 –> 00:58:38,143
They’re mislaying. Okay. Oh

908
00:58:38,721 –> 00:58:42,462
yeah, where, uh, their theology is wrong. That’s the problem, right? Or even

909
00:58:42,494 –> 00:58:45,545
more accurately, their theology is satanic, and therefore they are

910
00:58:46,123 –> 00:58:49,688
saying these things and doing these things that are negatively

911
00:58:49,720 –> 00:58:52,819
impacting Imago Dei, but also the earth.

912
00:58:53,252 –> 00:58:56,592
That’s some of the irony of it, you know. It’s just like the earth is

913
00:58:56,624 –> 00:59:00,331
fascinating, like the human liver. Um, which of course you don’t hear U.S.

914
00:59:00,395 –> 00:59:04,228
doctors saying this, right? The, the human liver has this tremendous capacity to

915
00:59:04,228 –> 00:59:07,996
heal itself. Oh yeah. It’s kind of scary. Uh, and

916
00:59:08,012 –> 00:59:11,122
the Earth has an even greater one. Just leave her alone, as it were, for

917
00:59:11,122 –> 00:59:14,891
like 50 years and watch what happens. And so it’s just like, oh, how do

918
00:59:14,891 –> 00:59:18,482
we fix this? Leave it alone. No, just don’t touch it. Just leave

919
00:59:18,755 –> 00:59:22,475
the Earth alone and watch what hap— oh, look, renewal.

920
00:59:22,748 –> 00:59:26,211
Uh-huh. Because there’s something operating there.

921
00:59:26,694 –> 00:59:30,210
a principle and things that are actually doing the principle

922
00:59:30,790 –> 00:59:34,478
that will teach you if you’re humble enough to listen. And if you’re not, then

923
00:59:34,608 –> 00:59:37,767
you’re, you’re going to be doing your crusade. Yay! You know, and it’s just like,

924
00:59:37,832 –> 00:59:41,270
no, you’re doing your crusade, canceling investments,

925
00:59:41,933 –> 00:59:45,749
um, creating state mandates to do things, you

926
00:59:45,749 –> 00:59:49,467
know, doing an energy moratorium in a state that has tremendous

927
00:59:49,467 –> 00:59:53,179
problems with energy infrastructure. That’s you, New York. Right.

928
00:59:53,276 –> 00:59:55,886
And it’s just like, no, no, no, no, no.

929
00:59:58,189 –> 01:00:01,733
When we look at all of these things, there’s, there’s one

930
01:00:01,797 –> 01:00:05,421
other case I’d like to talk about

931
01:00:05,421 –> 01:00:08,770
today, but I want to open up before we want to sort of introduce that

932
01:00:08,803 –> 01:00:12,181
with some ideas that Hamilton has in the Federalist Paper number

933
01:00:12,181 –> 01:00:15,733
78 about the

934
01:00:15,733 –> 01:00:19,349
judiciary department and specifically about the character, I

935
01:00:19,349 –> 01:00:22,760
believe it is. of the judiciary.

936
01:00:24,573 –> 01:00:28,391
And I quote, we proceed now to an examination of the judiciary

937
01:00:28,391 –> 01:00:31,993
department of the proposed government. In unfolding the

938
01:00:31,993 –> 01:00:35,316
defects of the existing Confederation, meaning the Articles of Confederation,

939
01:00:36,530 –> 01:00:40,258
the utility and necessity of a federal judicature have been clearly pointed

940
01:00:40,258 –> 01:00:43,729
out. Is the less

941
01:00:43,729 –> 01:00:46,994
necessary to recapitulate the considerations there urged as The

942
01:00:46,994 –> 01:00:50,407
propriety of the institutions in the abstract is not

943
01:00:50,456 –> 01:00:53,998
disputed. The only questions which have been raised being relative to the manner of

944
01:00:54,112 –> 01:00:57,651
constituting it and to its extent. To these points, therefore, our

945
01:00:57,667 –> 01:00:59,503
observations shall be confined.

946
01:01:01,340 –> 01:01:04,551
First, as to the mode of appointing the judges, this is the same as that,

947
01:01:04,906 –> 01:01:08,714
as with that, uh, as of appointing the officers of the Union in general, and

948
01:01:08,714 –> 01:01:11,742
has been so fully discussed in the 2 last numbers that there is nothing that

949
01:01:11,742 –> 01:01:14,979
can be said here which would not be useless repetition.

950
01:01:16,494 –> 01:01:19,828
Second, as to the tenure by which the judges are to hold their places,

951
01:01:20,248 –> 01:01:23,986
this chiefly concerns their duration in office, the provisions for their support,

952
01:01:24,132 –> 01:01:26,139
and the precautions for their responsibility.

953
01:01:28,363 –> 01:01:31,404
According to the plan of the convention, all judges who may be appointed to the

954
01:01:31,436 –> 01:01:34,997
United States are to hold their offices during good behavior,

955
01:01:36,006 –> 01:01:39,458
which is conformable to the most approved of the state constitutions.

956
01:01:40,406 –> 01:01:44,189
and among the rest, that of this state. Its propriety, having

957
01:01:44,189 –> 01:01:47,652
been drawn into question by the adversaries of that plan, is no light

958
01:01:47,652 –> 01:01:51,178
symptom of the rage for objection which disorders their

959
01:01:51,178 –> 01:01:54,817
imaginations and judgments. The standard of good behavior for the continuance in

960
01:01:54,913 –> 01:01:58,504
office of the judicial magistracy is

961
01:01:58,536 –> 01:02:01,934
certainly one of the most valuable of the modern improvements in the practice of government.

962
01:02:03,169 –> 01:02:06,599
In a monarchy, it is an excellent barrier to the despotism of the prince.

963
01:02:07,338 –> 01:02:10,486
In a republic, it is a no less excellent barrier to the

964
01:02:10,486 –> 01:02:13,828
encroachments and oppressions of the representative body,

965
01:02:14,888 –> 01:02:18,337
and it is the best expedient which can be devised in any government to

966
01:02:18,353 –> 01:02:21,491
secure a steady, upright, and impartial administration

967
01:02:22,235 –> 01:02:26,058
of the laws. Whoever

968
01:02:26,058 –> 01:02:29,743
attentively considers the different departments of power must perceive that in a government in

969
01:02:29,839 –> 01:02:33,575
which they are separated from each other, the judiciary, from the nature of its

970
01:02:33,575 –> 01:02:37,029
functions will always be the least dangerous to the political rights of the Constitution,

971
01:02:37,736 –> 01:02:40,596
because it will be the least in a capacity to annoy or injure them.

972
01:02:41,592 –> 01:02:45,191
The executive not only dispenses the honors, but holds the sword of the community. The

973
01:02:45,223 –> 01:02:48,838
legislature not only commands the purse, but prescribes the rules by which the

974
01:02:48,838 –> 01:02:52,276
duties and rights of each, every citizen are to be regulated. The

975
01:02:52,276 –> 01:02:55,826
judiciary, on the contrary, has no influence over either the sword or the

976
01:02:55,826 –> 01:02:59,409
purse, no direction either of the strength or the wealth of society.

977
01:02:59,669 –> 01:03:03,463
And can take no active resolution whatever. It

978
01:03:03,463 –> 01:03:06,836
may truly be said to have neither force nor will, but merely

979
01:03:06,933 –> 01:03:10,533
judgment, and must ultimately depend upon the aid of the executive

980
01:03:10,533 –> 01:03:14,065
arm, even for the efficacy of

981
01:03:14,374 –> 01:03:16,134
its judgments.

982
01:03:19,993 –> 01:03:23,741
I would agree with Hamilton, but

983
01:03:26,562 –> 01:03:29,936
In our time, over the— actually, over the last 100 years, and

984
01:03:29,952 –> 01:03:33,761
specifically with all rapidity up through the

985
01:03:33,761 –> 01:03:37,328
last 50 years or so. And DiRollo mentioned

986
01:03:37,328 –> 01:03:40,557
Griswold versus Connecticut. That was the first

987
01:03:40,782 –> 01:03:44,494
Supreme Court decision. Then following on to

988
01:03:44,494 –> 01:03:48,013
that with Roe v. Wade in 1973, and

989
01:03:48,109 –> 01:03:50,809
then Obergefell in 2015.

990
01:03:52,672 –> 01:03:56,188
Then now the most recent case that we’re going to talk about, West Virginia versus

991
01:03:56,541 –> 01:03:59,720
BPJ. The Supreme Court, the judiciary,

992
01:04:00,379 –> 01:04:04,168
has been asked with increasing fervor to take up cases about the

993
01:04:04,168 –> 01:04:07,861
nature of biological reality itself,

994
01:04:09,065 –> 01:04:12,774
which are cases that the Supreme Court have

995
01:04:12,774 –> 01:04:15,440
nothing and should have nothing to say about.

996
01:04:16,871 –> 01:04:20,533
Such cases would perplex and mystify the founders, from John

997
01:04:20,629 –> 01:04:24,356
Jay to Patrick Henry, because while they may have disagreed

998
01:04:24,356 –> 01:04:27,213
about the nature of rights and the distribution of state power,

999
01:04:28,134 –> 01:04:31,688
they didn’t disagree about the nature of biological reality itself.

1000
01:04:33,192 –> 01:04:36,775
Both John Jay and Patrick Henry and Thomas Jefferson at all

1001
01:04:37,614 –> 01:04:41,375
would have been stunned to hear

1002
01:04:41,488 –> 01:04:45,259
us arguing about whether or not a man can be a

1003
01:04:45,324 –> 01:04:47,823
woman, a woman can be a man,

1004
01:04:49,137 –> 01:04:52,586
or whether men and women are interchangeable people,

1005
01:04:53,280 –> 01:04:56,879
interchangeable entities. They would find

1006
01:04:57,315 –> 01:05:00,463
such an argument, such discussion, to be the

1007
01:05:00,463 –> 01:05:02,667
sign of pagan perversion.

1008
01:05:05,101 –> 01:05:07,748
And that’s not me being too harsh in my language.

1009
01:05:11,145 –> 01:05:14,739
But because we live in pagan times and because Christianity is

1010
01:05:17,511 –> 01:05:21,309
the long, drawn-out retreat from culture is what

1011
01:05:21,374 –> 01:05:25,187
Christianity is in right now. The moves

1012
01:05:25,220 –> 01:05:28,455
that cultural progressives, not political, but cultural

1013
01:05:28,455 –> 01:05:31,852
progressives, have made utilizing the

1014
01:05:31,998 –> 01:05:35,839
judicial and legal arm of the Supreme Court has turned

1015
01:05:35,839 –> 01:05:39,516
the court into an arbiter of reality itself, a

1016
01:05:39,629 –> 01:05:43,272
role that it was never meant to take on. By the way,

1017
01:05:43,385 –> 01:05:47,176
this is a place even Jesus was hesitant

1018
01:05:47,176 –> 01:05:50,499
to tread. If you don’t believe me, just look at Luke

1019
01:05:50,660 –> 01:05:52,062
12:14.

1020
01:05:54,367 –> 01:05:57,945
So if we’re going to have arbiters of reality

1021
01:05:58,058 –> 01:06:01,816
itself, whether that’s biological reality, Well, let’s

1022
01:06:01,816 –> 01:06:05,408
keep it to biological reality. We’re going to have arbiters of biological reality

1023
01:06:06,327 –> 01:06:10,101
who are going to be fundamentally pagan or progressive in their mindsets and

1024
01:06:10,270 –> 01:06:11,335
rarely Christian.

1025
01:06:15,304 –> 01:06:18,972
How do we— well,

1026
01:06:19,101 –> 01:06:22,479
first off, what do you think of this case? And then second,

1027
01:06:24,080 –> 01:06:27,713
am I correct in, in, in seeing the the

1028
01:06:27,810 –> 01:06:31,512
path from Griswold v. Connecticut to, to this case,

1029
01:06:32,353 –> 01:06:36,120
West Virginia versus BPG. Am I correct in,

1030
01:06:36,541 –> 01:06:40,243
in, in my analysis here of the Supreme Court being asked to step in

1031
01:06:40,841 –> 01:06:44,559
and determine things that it was not meant to determine? And then finally, I guess

1032
01:06:44,559 –> 01:06:47,994
the third question is, just like with the Fourth Amendment,

1033
01:06:48,430 –> 01:06:51,243
how do we put this genie back in the box? How do we prevent cultural

1034
01:06:51,259 –> 01:06:55,021
progressives— prevent, Yeah. How do we dissuade

1035
01:06:55,858 –> 01:06:59,465
cultural progressives, whether on the political right or the political

1036
01:06:59,465 –> 01:07:03,159
left? How do we dissuade them from bringing nonsense like this

1037
01:07:03,274 –> 01:07:07,012
to the court? I don’t think we

1038
01:07:07,012 –> 01:07:10,209
can dissuade them. So I—

1039
01:07:10,209 –> 01:07:13,489
Because this is

1040
01:07:13,586 –> 01:07:16,814
nonsense. Like, it’s nonsense. But what is

1041
01:07:16,910 –> 01:07:20,644
nonsense? The idea that a man could be a woman, or

1042
01:07:20,773 –> 01:07:22,849
the idea that somebody thinks that

1043
01:07:22,849 –> 01:07:26,637
he’s a woman and he’s really a man, or— but what part

1044
01:07:26,637 –> 01:07:30,114
is the nonsense? The nonsense is that

1045
01:07:30,386 –> 01:07:33,447
whether or not they are a man or a woman, whether or not they have

1046
01:07:33,447 –> 01:07:37,085
a problem negotiating reality, whether or not they have a mental

1047
01:07:37,197 –> 01:07:40,979
illness, whether or not they have gender dysphoria,

1048
01:07:41,620 –> 01:07:44,216
none of that should be arbitrated by the law.

1049
01:07:45,530 –> 01:07:49,055
The law has nothing to say about— should have nothing to say about any of

1050
01:07:49,055 –> 01:07:52,213
this. This is a cultural issue at best.

1051
01:07:53,502 –> 01:07:57,096
The law as an arbiter of reality at

1052
01:07:57,353 –> 01:08:00,905
that level should have— should

1053
01:08:01,050 –> 01:08:04,826
always stand mute and should say, let the culture figure it out. I don’t

1054
01:08:04,826 –> 01:08:07,321
know. You people figure it out. We have nothing to say on this.

1055
01:08:08,820 –> 01:08:12,521
Right. But once the legislature steps

1056
01:08:12,634 –> 01:08:16,432
in and then takes a position, then there can be lawsuits arguing that the position

1057
01:08:16,432 –> 01:08:20,022
is illegal. legitimate or— Oh, I would go even to the legislature. Yeah, I would

1058
01:08:20,022 –> 01:08:22,874
go to the legislature. I would take the legislature out of it too. But I,

1059
01:08:23,275 –> 01:08:26,768
but, you know, I get it. Like, there’s steps in the process. Yes. I would

1060
01:08:26,816 –> 01:08:30,662
even start with the legislature. But that’s where I was going. I wouldn’t start

1061
01:08:30,662 –> 01:08:34,492
with the legislature. Well, so we went down that route and got them to

1062
01:08:34,492 –> 01:08:38,113
change. I’m okay with that. But here, here’s, here’s

1063
01:08:38,177 –> 01:08:41,910
why I think the legislature is necessary. Okay. Because I

1064
01:08:41,942 –> 01:08:45,470
used to think they weren’t in the sense that This is a cultural issue,

1065
01:08:45,952 –> 01:08:49,724
so just let— leave the culture alone, let the culture figure it out, right? And

1066
01:08:49,804 –> 01:08:52,966
then what I noticed is basically every other

1067
01:08:53,255 –> 01:08:55,390
worldview, every other religious position

1068
01:08:56,642 –> 01:09:00,446
eventually tries to co-opt power to then enforce on a populace

1069
01:09:00,718 –> 01:09:04,234
its own worldview. It is axiomatic that that’s what

1070
01:09:04,410 –> 01:09:08,054
worldviews do. To put it in more

1071
01:09:08,680 –> 01:09:12,339
relatable terms in a contemporary, in a contemporary context,

1072
01:09:12,680 –> 01:09:16,109
Okay, if I’m going to form a running club

1073
01:09:17,687 –> 01:09:20,649
to run on roads and not run in the woods,

1074
01:09:21,229 –> 01:09:25,024
right, I’m going to select people who want to run on roads and

1075
01:09:25,024 –> 01:09:28,259
not in the woods, and I’m going to deselect people who say, no, you should

1076
01:09:28,259 –> 01:09:31,494
really be running in the woods. No, we’re a road runners club. If you don’t

1077
01:09:31,510 –> 01:09:34,906
like road running, then don’t join our club, right?

1078
01:09:35,472 –> 01:09:39,110
So to be a little more blunt,

1079
01:09:39,907 –> 01:09:43,364
Every other worldview is trying to use government to force their views on everybody else.

1080
01:09:44,776 –> 01:09:48,613
That’s why the legislature matters. That’s why you need people in

1081
01:09:48,645 –> 01:09:52,388
the legislature who share your worldview so that they can say, you’re not doing

1082
01:09:52,404 –> 01:09:55,939
that. We’re not passing a law that does this. We’re— or we’re

1083
01:09:55,955 –> 01:09:59,604
passing a law that says this because this is nonsense and it

1084
01:09:59,653 –> 01:10:03,464
needs to stop. Okay. Well, Ms. Ketanji Brown

1085
01:10:03,512 –> 01:10:06,741
Jackson was asked in her Senate Subcommittee

1086
01:10:06,741 –> 01:10:10,276
confirmation hearing. Uh-huh. Can you

1087
01:10:10,390 –> 01:10:14,087
identify— can you define what a woman is? And

1088
01:10:14,347 –> 01:10:18,025
Justice Ketanji Brown Jackson said, and

1089
01:10:18,154 –> 01:10:21,881
I quote, I can’t do that. I don’t know

1090
01:10:21,962 –> 01:10:25,682
what a woman is. Okay. So we’ve

1091
01:10:25,682 –> 01:10:29,417
got a— we’ve got a Supreme Court justice. And by the way, I

1092
01:10:29,530 –> 01:10:33,104
don’t think she’s the end of the argument. I don’t think she’s the period at

1093
01:10:33,104 –> 01:10:36,386
the end of the statement. I think she’s the beginning of an ellipsis

1094
01:10:36,905 –> 01:10:40,522
that’s going to extend out over the next couple of

1095
01:10:40,571 –> 01:10:43,979
generations. Because

1096
01:10:44,560 –> 01:10:48,064
the character of the Supreme Court justice

1097
01:10:48,677 –> 01:10:52,406
is now in question. You were talking about education earlier.

1098
01:10:52,648 –> 01:10:56,359
You’re talking about Harvard, Yale, Columbia, maybe on the outside,

1099
01:10:56,423 –> 01:10:59,972
Princeton. I don’t care about your fancy schools. I care about your

1100
01:10:59,972 –> 01:11:03,700
character. And Ms. Ketanji Brown Jackson may have

1101
01:11:03,797 –> 01:11:07,605
graduated from a fancy school, God bless her, just like

1102
01:11:07,670 –> 01:11:11,081
Brett Kavanaugh did, just like Justice Alito did.

1103
01:11:12,085 –> 01:11:15,272
But your character, your

1104
01:11:15,337 –> 01:11:19,074
character actually influences you

1105
01:11:19,366 –> 01:11:21,930
quite deeply on these

1106
01:11:22,752 –> 01:11:26,284
questions that are coming before the court about biological

1107
01:11:26,317 –> 01:11:30,092
reality. By the way, the feminists all didn’t

1108
01:11:30,140 –> 01:11:33,124
like Brett Kavanaugh because they thought he was a rapist

1109
01:11:34,151 –> 01:11:37,905
and they protested against him. Is that really

1110
01:11:37,905 –> 01:11:41,033
why they did it? Well, that’s what they said. And I can only go on

1111
01:11:41,033 –> 01:11:44,820
what people say. I don’t know what’s in people’s hearts. I’m not— who made me

1112
01:11:44,884 –> 01:11:48,397
the arbiter between you and reality, right? To paraphrase from Jesus,

1113
01:11:48,750 –> 01:11:51,831
I’m not that arbiter. I have no idea. I only know what you came out

1114
01:11:51,879 –> 01:11:55,205
with, what fell out your mouth. So

1115
01:11:57,137 –> 01:12:00,567
we are in character arguments around these

1116
01:12:00,663 –> 01:12:04,270
people, but we don’t even have a definition. Talk about worldview. We don’t even share

1117
01:12:04,270 –> 01:12:08,094
a worldview about what appropriate character is. Mm-hmm. Mm-hmm.

1118
01:12:08,190 –> 01:12:11,950
Mm-hmm. Mm-hmm. Real problem when we’re asking them to arbitrate

1119
01:12:11,950 –> 01:12:14,709
whether or not a man could go into a woman’s restroom or whether or not

1120
01:12:14,709 –> 01:12:18,435
boys can play women’s girls sports or whether girls can play boys

1121
01:12:18,435 –> 01:12:21,812
sports. But only because

1122
01:12:22,235 –> 01:12:25,603
of their view of jurisprudence, right? What does the law say?

1123
01:12:27,820 –> 01:12:31,098
The law right now doesn’t say anything. The law is— the law is in some

1124
01:12:31,098 –> 01:12:34,815
cases, in some municipalities, the law is mute. In other municipalities,

1125
01:12:35,480 –> 01:12:38,726
the law is yelling about all kinds of things. Remember I mentioned California

1126
01:12:38,726 –> 01:12:41,634
previously? If I get a divorce, if I were—

1127
01:12:42,759 –> 01:12:44,607
if I were to get a divorce in California,

1128
01:12:47,181 –> 01:12:50,732
Okay. And my wife decided that my son— my

1129
01:12:50,748 –> 01:12:54,161
ex-wife decided that my son had a

1130
01:12:54,161 –> 01:12:57,986
desire to transition from being a son to being

1131
01:12:58,035 –> 01:13:01,543
a daughter. And I objected to that and

1132
01:13:01,543 –> 01:13:05,387
attempted to take my child under a shared custody agreement out of the

1133
01:13:05,387 –> 01:13:08,943
state. There is a law on the books in California. This is the screaming example

1134
01:13:08,943 –> 01:13:12,654
of the legislature. Where if I take

1135
01:13:12,702 –> 01:13:15,096
that child out of state, I could be tracked down

1136
01:13:17,377 –> 01:13:21,141
by the state and prosecuted and dragged back

1137
01:13:21,141 –> 01:13:24,814
to California along with my child, who will then continue to be transitioned.

1138
01:13:28,574 –> 01:13:31,097
What the hell?

1139
01:13:35,512 –> 01:13:38,910
Which is why my problem starts with the legislative body. But at the end of

1140
01:13:38,910 –> 01:13:42,459
it winds up with— you wind up in the judiciary and the character of the

1141
01:13:42,459 –> 01:13:45,912
judiciary used to be a bulwark against stuff like this. And by the way,

1142
01:13:46,217 –> 01:13:49,975
I agree with West Virginia versus BP. Right. I agree with

1143
01:13:50,248 –> 01:13:53,845
the Supreme Court ruling, but that doesn’t mean that

1144
01:13:53,845 –> 01:13:57,668
next year there won’t be a similar ruling on a— or not

1145
01:13:57,716 –> 01:14:01,474
similar ruling, but an opposite ruling that will show a remarkable

1146
01:14:01,474 –> 01:14:04,461
lack of consistency, as is usually present in the common law.

1147
01:14:06,813 –> 01:14:10,238
Because there’s nothing in the Constitution about, about, about biology.

1148
01:14:10,993 –> 01:14:14,418
There’s nothing in the Constitution about gender. They wouldn’t have understood the question.

1149
01:14:19,978 –> 01:14:20,643
Oh, can’t hear you.

1150
01:14:24,127 –> 01:14:25,938
No. Yeah, go, go. There you go.

1151
01:14:29,142 –> 01:14:30,711
YMCA. We will rock you.

1152
01:14:33,854 –> 01:14:37,604
So there are several reasons, in my opinion, why the founders

1153
01:14:37,701 –> 01:14:41,511
would not understand the case. Okay. The

1154
01:14:41,511 –> 01:14:44,762
transformations within the American Republic

1155
01:14:45,296 –> 01:14:48,693
to get a form of government that we now have would be something that I

1156
01:14:48,693 –> 01:14:52,052
think that would stop most of them in their tracks. They would not—

1157
01:14:53,661 –> 01:14:57,012
maybe Hamilton excepted— wouldn’t be able to comprehend the

1158
01:14:57,012 –> 01:15:00,671
massive scope, right? And the depth

1159
01:15:00,848 –> 01:15:04,170
to which government monitoring and analysis,

1160
01:15:04,378 –> 01:15:08,133
data collection and response occurs every second

1161
01:15:08,310 –> 01:15:11,969
of 2026. Now, the narrower reason why

1162
01:15:12,739 –> 01:15:16,190
U.S. government policy— or sorry, the narrow reason why federal courts

1163
01:15:16,735 –> 01:15:20,362
were revoked, right, was Title IX. Mm-hmm. And so that’s what I meant with

1164
01:15:20,362 –> 01:15:23,379
Congress taking that step and then producing this.

1165
01:15:24,290 –> 01:15:27,941
Um, the statute, right, which is now then

1166
01:15:28,038 –> 01:15:31,625
going to achieve certain things for one part of the

1167
01:15:31,625 –> 01:15:35,258
population only. Okay, fine. Um, and it’s just,

1168
01:15:35,601 –> 01:15:37,655
um, I don’t, I don’t know.

1169
01:15:40,456 –> 01:15:43,941
Um, so the fundamental problem I have is that I just can’t, I

1170
01:15:43,990 –> 01:15:47,556
can’t see it operating otherwise unless we

1171
01:15:48,330 –> 01:15:51,644
Christ followers just abandon government, meaning

1172
01:15:52,238 –> 01:15:56,076
we’re just gonna let you do whatever you want. We recognize from Romans 13 we

1173
01:15:56,076 –> 01:15:59,287
have a duty to submit to what you’re saying, and so we will, but we’re

1174
01:15:59,287 –> 01:16:01,696
just gonna let you do what you want and pray for you all, and we

1175
01:16:01,696 –> 01:16:05,469
will go on with the actual work of advancing the gospel and

1176
01:16:05,485 –> 01:16:08,552
focus on that. And you guys, you’re gonna do whatever, and God will deal with

1177
01:16:08,552 –> 01:16:11,265
you, and we’re just gonna do what we’re doing, and he’s gonna deal with us,

1178
01:16:11,346 –> 01:16:14,846
and that he’s with us and not with y’all. Boom, you know. And so then

1179
01:16:14,862 –> 01:16:18,683
I would expect persecution with the gospel

1180
01:16:18,731 –> 01:16:22,455
actually going out, and then there’s much more real

1181
01:16:22,728 –> 01:16:26,469
fruit. Okay, but it doesn’t end there. Okay, because eventually we get,

1182
01:16:26,822 –> 01:16:30,498
in my opinion, we get right back to where Britain,

1183
01:16:30,675 –> 01:16:34,238
not England, but Britain was in the 5th and 6th centuries. Okay,

1184
01:16:35,170 –> 01:16:38,204
where Christian communities ended up having

1185
01:16:39,584 –> 01:16:43,197
either creating Christian polity. So now we have a leader who

1186
01:16:43,197 –> 01:16:46,322
shares with the, um,

1187
01:16:47,079 –> 01:16:50,850
with the body of people over whom he’s responsible a worldview,

1188
01:16:51,107 –> 01:16:54,772
right? Or that’s not shared, but the leader says,

1189
01:16:55,029 –> 01:16:58,130
I will protect you guys and your right to live the way you want. And

1190
01:16:58,162 –> 01:17:01,311
so they say, this contract we can deal with, right? That’s where Britain was in

1191
01:17:01,311 –> 01:17:04,660
the 5th and 6th centuries. And so it’s just like, um,

1192
01:17:05,739 –> 01:17:09,410
I think that abandoning politics moving forward eventually

1193
01:17:09,507 –> 01:17:12,268
would get around to that point where it’s like, hey,

1194
01:17:14,034 –> 01:17:17,808
Christian communities are going to start to then recreate or,

1195
01:17:18,003 –> 01:17:21,583
or re-erect, right, leadership that

1196
01:17:21,583 –> 01:17:24,331
shares the worldview. Okay. And so,

1197
01:17:25,607 –> 01:17:29,161
but again, it’s, it’s, to me, it’s axiomatic

1198
01:17:30,211 –> 01:17:33,912
that individuals and communities, all of whom

1199
01:17:33,928 –> 01:17:37,160
have the particular worldview they have, that they want to see

1200
01:17:37,208 –> 01:17:40,559
leadership who share that worldview. And that they will use,

1201
01:17:41,781 –> 01:17:45,513
you know, political authority and governmental power to

1202
01:17:45,513 –> 01:17:47,481
enforce their worldview. I mean,

1203
01:17:49,599 –> 01:17:53,302
no one is here arguing for the liberty of child marriage. Nobody.

1204
01:17:53,884 –> 01:17:57,692
Right. Because it’s offensive to our worldview. That’s

1205
01:17:57,692 –> 01:18:01,136
why. Yeah, well, but you know what? That’s why we want the legislature saying you’re

1206
01:18:01,136 –> 01:18:04,018
not doing that. That— but that’s why. That’s why. It’s because

1207
01:18:04,034 –> 01:18:07,834
that’s our worldview. Now, somebody shows up from a different culture with a

1208
01:18:07,834 –> 01:18:11,572
different worldview where that’s okay and survives being chucked into

1209
01:18:11,685 –> 01:18:14,983
jail once we figure out what he’s actually doing, right? Because it,

1210
01:18:15,706 –> 01:18:19,497
you know, ain’t no woman advocating this. We know that. So this dude, right,

1211
01:18:19,658 –> 01:18:23,438
if he survives not getting chucked into prison— and he wouldn’t survive prison, we know

1212
01:18:23,454 –> 01:18:26,936
that— if he survives getting chucked into prison because of his current

1213
01:18:26,936 –> 01:18:30,687
status quo of how he’s living, right? Right. if he’s

1214
01:18:30,767 –> 01:18:34,264
honest and courageous, would advocate for a change in the law to allow for

1215
01:18:34,697 –> 01:18:38,450
his worldview. It’s totally normal. Okay. We used to have a system

1216
01:18:38,947 –> 01:18:42,395
where they recognized, just like Frankfurter’s old— Justice

1217
01:18:42,395 –> 01:18:46,052
Frankfurter’s, you know, old boss, right? Here’s where

1218
01:18:47,046 –> 01:18:50,029
our authority ends, and then all we have is power. Okay.

1219
01:18:51,232 –> 01:18:54,921
The notion that you have authority without power, okay,

1220
01:18:55,547 –> 01:18:59,027
or that you can have power without authority, I would argue that those are

1221
01:18:59,400 –> 01:19:03,053
Judeo-Christian notions, and that the other worldviews do

1222
01:19:03,069 –> 01:19:06,480
not make that distinction. Therefore, the pagan doesn’t

1223
01:19:06,480 –> 01:19:10,123
see that, and therefore there are

1224
01:19:10,187 –> 01:19:13,038
no limits to how far they will go. There are none.

1225
01:19:15,876 –> 01:19:19,550
There’s no horizon. They’ll just keep going because there’s no distinction

1226
01:19:19,582 –> 01:19:21,370
between power and authority.

1227
01:19:23,783 –> 01:19:27,275
None. You know, I don’t, I don’t expect them to stop. Yeah. You know,

1228
01:19:27,818 –> 01:19:30,914
I mean, we’re gonna have a court case that’s, that’s arguing about whether or not

1229
01:19:30,914 –> 01:19:34,119
there’s an actual court case, you know, and it’s just like, and not like

1230
01:19:34,119 –> 01:19:37,887
jurisdiction, but literally in terms of like ontology and, and where it’s

1231
01:19:37,887 –> 01:19:41,510
crazy, right? But to them, it,

1232
01:19:42,074 –> 01:19:45,667
it makes sense. I mean, we will have lawsuits run by

1233
01:19:45,863 –> 01:19:49,574
dogs soon. Run by

1234
01:19:49,850 –> 01:19:53,538
dog, by canines, by actual dogs. Okay. in an animal rights suit.

1235
01:19:53,618 –> 01:19:56,953
That’s what we will find. And we will see humans who will say,

1236
01:19:57,565 –> 01:20:00,432
I’ve got to confer with my client. And literally, they’ll turn to the dog. Literally,

1237
01:20:00,448 –> 01:20:03,689
I’m not even making this up. This is going to happen. Watch. It will happen

1238
01:20:03,689 –> 01:20:07,367
in 10 years. Watch. You will see a suit where it’s a dog plaintiff

1239
01:20:07,545 –> 01:20:11,240
and there’s a human who purports to represent the dog and purports to

1240
01:20:11,240 –> 01:20:13,641
take direction from a freaking canine.

1241
01:20:15,955 –> 01:20:19,763
Because Imago Dei has been so Um,

1242
01:20:20,914 –> 01:20:24,629
uh, dishonored, has been so, um,

1243
01:20:24,823 –> 01:20:28,389
not brutalized but just trampled upon. Yeah,

1244
01:20:28,777 –> 01:20:32,383
um, that, that’s what we should expect, you know. We should expect

1245
01:20:32,415 –> 01:20:36,263
that and not just protests and SPCA and their

1246
01:20:36,311 –> 01:20:39,539
enforcement actions, not just that, but literally there’s gonna be a lawsuit run by a

1247
01:20:39,539 –> 01:20:42,120
freaking dog, not a lawsuit run by a trust

1248
01:20:44,362 –> 01:20:47,741
to which you know, that actually owns the property,

1249
01:20:47,773 –> 01:20:51,333
right? Yeah. So, or the dog is the beneficiary of the

1250
01:20:51,333 –> 01:20:55,098
trust. And so the trust is, you know, in— the trustee is

1251
01:20:55,114 –> 01:20:58,883
therefore filing suit on behalf of the beneficiary. Like, okay, fine. That

1252
01:20:59,157 –> 01:21:01,751
I could understand. But that’s not what we’re going to be dealing with. Watch, you’ll

1253
01:21:01,751 –> 01:21:03,364
see. We will be dealing with—

1254
01:21:06,743 –> 01:21:09,896
what the heck is this? We will be dealing with— pardon me. We will be

1255
01:21:09,977 –> 01:21:13,516
dealing with that. And but that’s why— that’s where I see

1256
01:21:14,300 –> 01:21:17,931
In its root, that’s how I see that those set of behaviors

1257
01:21:18,434 –> 01:21:22,098
happening. Okay. That because there’s no distinction between

1258
01:21:22,098 –> 01:21:25,147
power and authority, I have power. So here’s how I’m going to use it.

1259
01:21:27,298 –> 01:21:29,851
Hey, I can still use it. So I’m going to keep going. I can still

1260
01:21:29,900 –> 01:21:32,825
use it. I’m going to keep going. They’re actually listening because that’s one of the

1261
01:21:32,825 –> 01:21:36,170
secondary causes, right? The fact that the legislature has been asleep for

1262
01:21:36,170 –> 01:21:39,890
20-something years is a secondary cause. It’s not a primary cause. Primary

1263
01:21:39,890 –> 01:21:43,711
cause is this worldview thing. Secondary cause is legislature won’t do its job.

1264
01:21:45,530 –> 01:21:48,341
I mean, you know, they can write laws that aren’t general. They can write laws

1265
01:21:48,373 –> 01:21:52,213
that are highly specific. Here are the only circumstances when you can actually

1266
01:21:52,213 –> 01:21:54,719
file suit, and this is the court you have to file it in. And this

1267
01:21:54,719 –> 01:21:58,144
is like, they could be that, but they don’t. I don’t know why.

1268
01:21:59,001 –> 01:22:02,462
Like, remember, um, Dodd-Frank?

1269
01:22:03,044 –> 01:22:06,820
Mm-hmm. What is it, like 2,800 pages or something? What is

1270
01:22:06,934 –> 01:22:10,595
in there? Right. No one knows. No one knows. This is the

1271
01:22:10,595 –> 01:22:14,277
Affordable Health Care Act. Like Nancy Pelosi’s famous phraseology,

1272
01:22:14,713 –> 01:22:17,362
we have to pass the bill before we know what’s in it.

1273
01:22:20,268 –> 01:22:23,566
She said the quiet part out loud, Ms. Pelosi. She must have started going crazy

1274
01:22:23,582 –> 01:22:27,347
back then. Like, or crazy. Sorry, the Alzheimer’s started

1275
01:22:27,347 –> 01:22:30,365
kicking in then. Like, you know, so like,

1276
01:22:34,957 –> 01:22:38,561
It is things like this that, that

1277
01:22:38,836 –> 01:22:40,559
have thinking people

1278
01:22:44,143 –> 01:22:47,728
worried or concerned that even on the 250th anniversary of the United

1279
01:22:47,744 –> 01:22:51,588
States of America, that we might not get another 250 years,

1280
01:22:52,907 –> 01:22:56,014
that we might crack apart. It’s things like what Dorollo has just said.

1281
01:22:56,762 –> 01:22:59,934
Right. And it’s not just— it’s not just the spectacle.

1282
01:23:01,098 –> 01:23:04,118
The ridiculous spectacle of the dog and the lawyer.

1283
01:23:06,456 –> 01:23:09,814
It’s the number of people who would support that spectacle

1284
01:23:10,408 –> 01:23:14,136
on in Instagram comments and in Reddit posts

1285
01:23:14,249 –> 01:23:18,008
and all over in the very online places, TikTok reels,

1286
01:23:18,121 –> 01:23:21,816
right? Who would come out of the woodwork and say, “I love that little

1287
01:23:21,816 –> 01:23:24,788
doggy,” or “How could you hate that little animal?”

1288
01:23:25,334 –> 01:23:29,104
Or Dogs, human rights

1289
01:23:29,152 –> 01:23:32,901
are dog rights. I’m looking at you, Peter Singer.

1290
01:23:34,167 –> 01:23:37,549
The full-throated end of that is the

1291
01:23:37,549 –> 01:23:41,042
dissolution of the republic. It’s chaos, right?

1292
01:23:42,196 –> 01:23:45,978
It’s a Hobbesian Leviathan moment.

1293
01:23:46,747 –> 01:23:48,654
And this is what people are afraid of.

1294
01:23:52,760 –> 01:23:55,286
One of the reasons I do this show, one of the many reasons I do

1295
01:23:55,286 –> 01:23:58,847
this show, other than to talk to interesting people like, other than to talk to

1296
01:23:58,847 –> 01:24:02,498
interesting people like, like DeRolo, is

1297
01:24:03,565 –> 01:24:05,085
I do this show because

1298
01:24:07,689 –> 01:24:11,309
I believe fundamentally that the republic can be saved.

1299
01:24:12,213 –> 01:24:15,328
As long as we are having these kinds of conversations and talking in these kinds

1300
01:24:15,360 –> 01:24:17,119
of ways, the republic can be saved.

1301
01:24:19,688 –> 01:24:22,737
And I believe that something has shifted in the republic. I believe it shifted

1302
01:24:23,840 –> 01:24:27,049
a couple of years ago when Donald Trump almost got shot in Butler,

1303
01:24:27,130 –> 01:24:30,922
Pennsylvania. We’ve decided that we weren’t going to go

1304
01:24:30,922 –> 01:24:34,133
down the road of civil war and cultural dissolution,

1305
01:24:34,714 –> 01:24:37,324
as many of our enemies, both foreign and domestic, would like.

1306
01:24:39,415 –> 01:24:43,067
Instead, we have decided to ride the lightning with the system that we have, flaws

1307
01:24:43,115 –> 01:24:46,912
and all. And remain in the posture of working towards, though

1308
01:24:46,945 –> 01:24:50,566
by no means attaining, a more quote unquote perfect

1309
01:24:50,566 –> 01:24:54,162
union. And by the way, I don’t think this is anything new.

1310
01:24:54,469 –> 01:24:58,050
I actually got a magazine at this antique store,

1311
01:24:58,275 –> 01:25:01,892
came upon this the other day called Forward

1312
01:25:01,892 –> 01:25:05,610
Magazine. Dorollo will like this. From— he knows nothing

1313
01:25:05,610 –> 01:25:09,458
about this— from July of 1925. I paid $2

1314
01:25:09,522 –> 01:25:13,316
for it. It. Volume 3, number 12. This was a magazine

1315
01:25:13,316 –> 01:25:16,842
that was established for the benefit of the employees of Montgomery Ward

1316
01:25:17,262 –> 01:25:20,630
and Company. And it’s one of those magazines that,

1317
01:25:22,078 –> 01:25:25,629
um, the periodicals, as they used to call it back in the day, that

1318
01:25:25,918 –> 01:25:29,613
was internal to the company’s workings at Montgomery Ward. And it

1319
01:25:29,613 –> 01:25:33,419
has all kinds of interesting things in it. It has pictures, it has,

1320
01:25:33,535 –> 01:25:36,743
uh, it has dog world in it, it has, uh, It has

1321
01:25:36,936 –> 01:25:39,555
verse. It has inspirational,

1322
01:25:40,567 –> 01:25:43,765
inspirational little pithy quotes, and of course, updates about all the

1323
01:25:43,765 –> 01:25:47,389
employees of Montgomery Ward in 1925.

1324
01:25:47,776 –> 01:25:51,068
Oh, by the way, it also has reports of how much money

1325
01:25:51,423 –> 01:25:54,896
Montgomery Ward was making back in the day. By the way, in 1 month they

1326
01:25:54,896 –> 01:25:58,662
made $9 million. They

1327
01:25:58,759 –> 01:26:02,466
weren’t a small organization. By the way, hired men and women,

1328
01:26:02,563 –> 01:26:06,095
black and white. On the back of this particular

1329
01:26:06,095 –> 01:26:09,763
magazine, there is this quote. Well, not this quote. There’s

1330
01:26:10,374 –> 01:26:13,705
this piece from a sermon given by

1331
01:26:14,317 –> 01:26:16,525
the Reverend G. Ashton Oldham.

1332
01:26:18,329 –> 01:26:20,988
And I don’t know if it was given in 1925. I don’t know. But it

1333
01:26:20,988 –> 01:26:24,041
was reprinted on the back of this employee magazine.

1334
01:26:24,624 –> 01:26:28,022
Imagine, if you will, the employees of Google seeing something like

1335
01:26:28,362 –> 01:26:31,997
what Mr. What Reverend G. Ashton

1336
01:26:32,046 –> 01:26:35,882
said here. And it ties up everything that we’ve

1337
01:26:35,882 –> 01:26:39,481
said together today. And I quote, America

1338
01:26:39,545 –> 01:26:43,119
first, not merely in matters spirit

1339
01:26:43,119 –> 01:26:46,676
material, but in things of the spirit, not merely in

1340
01:26:46,725 –> 01:26:50,318
science, innovation, motors, skyscrapers,

1341
01:26:50,432 –> 01:26:53,799
but also in ideals, principles, and character.

1342
01:26:55,653 –> 01:26:59,386
Not merely in the calm assertion of rights, but in the glad assumption

1343
01:26:59,498 –> 01:27:03,103
of duties. Not flaunting her strength as a giant,

1344
01:27:03,488 –> 01:27:06,949
but bending in helpfulness over the sick and wounded world like a Good

1345
01:27:06,949 –> 01:27:10,650
Samaritan. Not in splendid isolation, but in

1346
01:27:10,714 –> 01:27:14,239
Christlike cooperation. Not in pride,

1347
01:27:14,320 –> 01:27:17,748
arrogance, and disdain of other races and peoples, but in sympathy, love, and

1348
01:27:17,845 –> 01:27:21,514
understanding. Not in treading again the old, worn,

1349
01:27:21,594 –> 01:27:24,984
bloody pathway, which ends inevitably in chaos and disaster,

1350
01:27:25,405 –> 01:27:28,692
but in blazing a new trail along which, please God,

1351
01:27:29,113 –> 01:27:32,814
other nations will follow into the New Jerusalem, where wars

1352
01:27:32,992 –> 01:27:34,250
shall be no more.

1353
01:27:36,332 –> 01:27:39,898
Someday, some nation must take that path unless

1354
01:27:40,092 –> 01:27:43,817
we are to lapse once again into utter barbarism. And

1355
01:27:43,915 –> 01:27:47,164
that honor I covet for my beloved America.

1356
01:27:49,743 –> 01:27:53,400
And so in that spirit and with these hopes,

1357
01:27:53,968 –> 01:27:55,805
I say with all my heart and soul,

1358
01:27:57,670 –> 01:28:00,203
America first.

1359
01:28:06,576 –> 01:28:09,134
DeRolo, any other thoughts as we close out today?

1360
01:28:14,983 –> 01:28:15,487
Can’t hear you.

1361
01:28:22,515 –> 01:28:25,318
Oh, there you go. Got it

1362
01:28:25,318 –> 01:28:29,040
now. It’s worth the fight.

1363
01:28:31,722 –> 01:28:33,259
This republic is worth the fight.

1364
01:28:35,857 –> 01:28:36,921
There are probably other

1365
01:28:39,162 –> 01:28:42,887
nations who are involved in a republican, small r, project.

1366
01:28:43,492 –> 01:28:47,275
where it would be also worth fighting, you know, for them too. But

1367
01:28:47,323 –> 01:28:51,106
certainly America’s worth the fight. And I think it

1368
01:28:51,106 –> 01:28:54,232
will take a fight. I think it will be a fight to make it another

1369
01:28:54,232 –> 01:28:57,934
250 years, but it’s possible. It’s not, you know, not impossible.

1370
01:28:58,063 –> 01:29:01,140
I don’t think we’ve either crossed a Rubicon or entered

1371
01:29:02,070 –> 01:29:05,837
or crossed the Schwarzschild radius, and now we can’t get

1372
01:29:05,837 –> 01:29:09,444
out of the black hole. I don’t think we’re there yet. I don’t think we’re

1373
01:29:09,460 –> 01:29:12,412
there yet. So But we’ll see, see how much time God gives us.

1374
01:29:13,770 –> 01:29:17,553
Yeah, it— I found out in research that

1375
01:29:18,133 –> 01:29:21,417
one of the best quotes of Thomas Jefferson is actually on, in

1376
01:29:21,449 –> 01:29:25,272
truncated form, on his memorial. So it’s like, to me, it’s telling that it’s in

1377
01:29:25,321 –> 01:29:28,683
DC on the memorial. Hey, look at what

1378
01:29:28,780 –> 01:29:32,093
Jefferson said. Oh, okay. So like,

1379
01:29:32,368 –> 01:29:36,099
it’s there. You’ve been warned. It’s there. We’ve been warned. It’s there. It’s like, okay,

1380
01:29:36,116 –> 01:29:39,569
great. Forgive us, Lord, how we do this. What do we do?

1381
01:29:40,340 –> 01:29:43,215
Love our neighbors, build community,

1382
01:29:43,552 –> 01:29:47,311
reseed and refound institutions, and try to move forward. I

1383
01:29:47,407 –> 01:29:50,796
think it takes more than— the conversations are essential, but we also

1384
01:29:51,198 –> 01:29:54,442
need to take the, the truths we discern,

1385
01:29:55,519 –> 01:29:58,779
um, and create a plan and then carry it out, you know, where

1386
01:30:00,016 –> 01:30:02,538
we will then have 1,000 points of light

1387
01:30:03,549 –> 01:30:07,256
throughout our, the fabric of this nation where it’s like, look, you know,

1388
01:30:09,021 –> 01:30:12,776
we’re refounding liberty, we’re rebuilding, you know, not

1389
01:30:12,922 –> 01:30:16,576
just government of the people, by the people, for the people, but life where

1390
01:30:17,433 –> 01:30:21,249
what this man was calling for, or woman was calling for, the author, we would

1391
01:30:21,249 –> 01:30:25,079
see where Americans will know, no, I live in a community where if

1392
01:30:25,192 –> 01:30:28,100
I have a problem, people will help me. And they don’t have to look like

1393
01:30:28,100 –> 01:30:30,701
me. And they don’t have to believe like me. But because of this thing that

1394
01:30:30,701 –> 01:30:34,316
we share called America, they’re going to help and

1395
01:30:34,348 –> 01:30:37,820
not harm or not just be indifferent.

1396
01:30:38,270 –> 01:30:40,939
Oh, you’re dying. We don’t care. What? No.

1397
01:30:42,306 –> 01:30:46,118
That, that, that’s not America. You know, that’s, that’s

1398
01:30:46,150 –> 01:30:49,344
just, that’s not America. So there we go.

1399
01:30:50,247 –> 01:30:53,794
And with that, well, we’re out.

1400
01:30:55,810 –> 01:30:55,939
Wait.