Mr Bearded Truth – 4 -The Constitution

DISCLOSURE

FULL TRANSCRIPT TEXT

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nothing like having a little bit of
shredding beautiful metal music to start
off
with a stream i’m sorry guys if that’s
not your thing
but thank you guys all so much for being
here i can take these off
don’t need the music anymore thank you
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welcome in everyone so glad that you’re
here
as my wife pointed out i i start off
every show of saying that
i’m so glad that you guys are spending
your time here tuning in
to the miss america the bearded truth
show i’m of course jason lyon your
neighborhood friendly libertarian
talking about politics and social issues
one liberty at a time i want to thank
you guys for being here
as we discuss tonight the grand topic
of the constitution i do want to point
out a comment from the comment section
uh caution extremist conduct
governmental supervision
advised yes uh the government would like
to supervise this the government would
like to
change up what we’re talking about they
would not like to arm you
and equip you with the constraints that
have been placed upon them
to ensure that you guys don’t know what
they are limited to
um by the confinements of what we’re
going to be talking about in this show
tonight so there’s a lot of good stuff
here
and yes as jimmy said share share share
as you guys i appreciate each and every
one of you guys helping out the stream
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are
i love you and i appreciate you all so
much uh first want to start off with
saying some big thank yous to
muddy waters media for matt and spike
for creating
or for being a part of this fantastic
show or this platform
for allowing me to come on here to air
my grievances with y’all as protected by
the first amendment
um to be able to discuss these topics
it couldn’t be done without matt and
spike uh running this fantastic platform
and uh so so excited to be here so
honored
to be allowed to be on these these waves
these airwaves or these technological
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they’re not even airwaves anymore if
you’re on your wi-fi it’s airwaves
there we go there’s my loophole um
some other quick things i’ve 24 hours
without smoking a cigarette
so i joined the muddy water crew and i
am now
actually vaping so we’ve got some
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change as we continue to develop as we
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a lot of people have had issues in
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working
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us
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out um does anyone else watch on two
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i’m i’m sure there are some people that
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will
um chat in one chat in the other um but
thankfully when you’re here on the mr
murica the bearded truth show on monday
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as people from youtube and everything
else chatting it up
thank you janice she said congrats on
giving up the cigarettes
it’s it wasn’t hard at all
i mean when you got some fruity blue
raspberry ice
um but yes tonight we are going to be
discussing the constitution and this is
something
that um i still feel
i still feel like i’m well versed in
despite the fact
that i have not been um very active
in utilizing it in a lot of day-to-day
arguments and
and such forth um because i’ve kind of
fallen away from the idea that it
it’s it’s necessary anymore um
because the main premise that we have
with the constitution when it’s used in
conduct today
is not to ensure that what government is
doing
stays within the confinements of the
constitution but rather whenever your
political opponent
is doing something outside of the
constitution occasionally it will be
brought up in order to be used as a stop
sign
so um it’s it’s one
of those things that is not regarded in
high regards by any means
but it’s important for us as we look out
at our federal government and how
they’ve been conducting themselves
to give it an actual measuring stick to
see if it’s passing or if it’s failing
and
certainly when we dive into the
conversation tonight you guys will
realize
they have not been passing by any amount
but this is of course why we’re
libertarians because we are willing to
put a measuring stick to anything and we
will see
just how much and how big of a failure
um our force upon us government is
so tonight i want to start off with some
fun stuff
some fun stuff about the constitution
some stuff that you guys may not have
known
right so of course the constitution was
written in 1917
87 so and it was signed
on september 17 1787
so just 13 years after our
declaration of independence on july 4th
1776 so it took us 13 years
did it take them 13 years to write the
constitution no it took them only about
three and a half months
three and a half months it took for them
to come together in a sweaty sweaty area
of course there was no air conditioning
they boarded up the walls because they
wanted to do it in secret
because they couldn’t let the king know
and they it was all hush-hush in the way
that they they had conducted themselves
on creating the constitution
and so in three and a half months they
have they created the shortest
national constitution and still to this
day it still stands so it is the longest
and the sh the longest standing and the
shortest written
constitution some fun facts for you guys
but it wasn’t until uh june 21 1788
that it was ratified by the necessary
nine states the last state to actually
sign on
was rhode island of the thirteen
original three or thirteen
rhode island was willing to go to a
civil war
when when uh over over the
constitution as it was originally
written
why would you ask that why would they be
willing to go for a civil war because
the bill of rights
was not in existence at the time and so
there were many framers there were many
people
in the discussion that were inside the
room and of course the populist outside
that said
it’s great that you have this framework
for a government to be created but
we have we have rights and we’ve learned
this from the king
that we don’t want these rights to be
infringed upon we don’t want these
rights to be taken from us
and so we need to have these written out
and so rhode island i
i can’t believe i’m saying this but
bravo rhode island
congratulations rhode island for having
a spine and stepping up and saying i’m
willing to die for rights
and so just a few years later
in 1791 so another 13 years
it’s weird how we have 13 13 13.
13 colonies took them 13 years after the
declaration of independence to
ratify the constitution and then another
13 years in order to pass the bill of
rights
and the bill of rights originally was 19
amendments that was
supposed to be sent in once it got
passed through the house
it was down to i believe it was 17 and
then
once it got through the senate the
senate actually sent out 12 amendments
to the states
so the original bill of rights that was
sent out to the states to be ratified
there were 12 of them
so the first amendment that we know of
as today was actually was the third
amendment
the first two amendments the first
amendment was uh discussing
the number of house of representatives
had that amendment been passed we may
have 5 000
house of representatives right now but
it
of course was shot down the second
amendment that was supposed to be in the
bill of rights was actually is now the
27th which discusses the pay of congress
so it’s really interesting to see how
that would have played out
had we had it but of course you know
these are some of those uncommon known
things
of the the constitution itself
um and then of course the oldest
signer of the dec of the constitution
or the oldest delegate for the
constitution was actually benjamin
franklin at
81 years old 81 years old
now if he lived to be 81 right
and then he had a child to live to be 81
and you know or somebody was born the
day that he died and lived to be 81 and
then another person to 81 that would
actually bring us up to about here
really interesting how short of a
country we’ve been
and how well this constitution has
actually been
in place um i wouldn’t say that in use
of course because of the the preceding
discussion that we’ve had on this
um but the youngest was also
jonathan dayton of new jersey and he was
a a mere 26
years old
um checking out the
uh facebook comments or sorry the
youtube comments i
think somebody said that they missed
kelsey and so uh i’m gonna ask that the
moderators go ahead and handle that
person
i do have just so you guys can see
this was the beer that she rocked and
let’s just say
it’s not very much longer than mine
but there it is
jimmy is making a good point we actually
know somebody that is a descendant
of the youngest um delegate to the
constitution
all right let me go through the comments
cajun libertarian welcome in my good sir
scott welcome in um
john locke inspired the bill of rights
but the bill of rights originally
protected the government not the
individual
i’m not i’m not i haven’t i haven’t seen
that rendition
um which is maybe interesting i would
love to see more information on that
um but what i want to do tonight is i
want to talk about
what the purpose of the constitution was
because the constitution
right if you can think of it put
yourself in
in in the shoes of the framers
of the founders the constitution was
going to be creating a government that
was going to sit
over all the states
and and so they wanted to create a
government that would be able to handle
interstate problems
they wanted to have something that would
be there for the national defense
whether it was 13 states and now we have
50 states
it was it was a centralized being that
was going to be very very limited
because they were concerned with what
the king had been doing they were
concerned about what big government had
been doing
and and yes we had some monarchists
there we had some some
very big government uh ideals um that
were being shared throughout this
but the middle ground the middle ground
is where the constitution was
and it’s so interesting because that was
originally
middle ground for so many people but yet
now as society has continued to develop
as culture has
continued to change um the constitution
is a radical idea
because when we talk about rights and we
talk about them
in an absolute way we’ve had where
supreme court decisions have
have broken these down to and tiered out
what your rights are
to to say well you know your right to
privacy doesn’t really matter in
exer circumstance or an x situation um
you know giving blanketed authority over
the uh
for police officers to do a stop and uh
you know a dui checkpoint of saying you
know well
everyone who’s driving down this road
you have you have blanket of authority
to be able to stop people to check them
out to
check them out in the pursuance of
safety and of course everyone always
thinks of the benjamin franklin
quote of those who would give up a
little liberty for safety
deserve neither and will receive neither
um but
enough on i i digress on that point
um and so so there was a very
limited uh number of authorities that
were delegated
to the
hold on one second let me let me fix
that
apologize for that i saw it was actually
was popping up on the microphone
as much as you guys want to hear about a
two-year-old and her her potty training
um and and so
so we wanted to give them very
enumerated
authorities that were delegated to them
delegated of course means something that
you possess
that you give to somebody else right and
that doesn’t mean that you
give it away and it’s just yours to have
unlimited control with and everything
else it’s
actually something that you can take
back um but in the way of the compact
and the way that it was written
right these are these are things that
are more just given to them
um but it doesn’t mean that it hasn’t
been abused
and so when we look at the constitution
itself right there are
uh there are seven articles within the
constitution and each article is a
different
grouping of of how it’s structured right
article one of course is all about what
congress can do right your house of
representatives and your senate
your article two is your presidential
right your executive branch what can the
executive branch do
what powers do they have and what how do
they function
article three of course is the judiciary
uh
so we’re talking about supreme court in
in subsidiary courts
um if we get to article four
that’s the one that i’m i’m a little
more weak on um
and i really should have gone into this
but this one this one’s talking about
like citizenship
this is talking about um
how how new states coming in and how
in there also it says that basically the
states are not allowed to just decide
their own form of governance
from from what we have so we won’t be
able to allow for like california to
become
a dictatorship um we won’t allow for
for south carolina to decide um just a
uh i i
can’t even think of another one right
now but um
we don’t allow or yeah so so for just to
go full-fledged communism if you will
there has to be this this similar
structuring in the way that it goes
um article five of course is the
amendment process this is something that
um this is what gives the teeth to the
point
of when people say the constitution is a
living breathing document yes it is
because we have an amendment process
it means that we can change it it’s not
it’s not just it’s not
written in stone or described in stone
and that’s the way that it’s going to be
but we can actually continue to work to
amend it and so we do have
people attempting to do an article 5
convention of the states
where the states can actually start an
amendment process in order to try to
control a little bit of government and
i’m sure that we will have
discussions in the future over what
article 5 convention of states
wants to do how their their
how their solutions if you will or
amendments to the constitution is
actually going to curtail big government
and so we’ll dive into that in the
future article six of course is
is kind of just bringing everything
together but it also
my one of my favorite clauses of course
is article 6
clause 2 which is the supremacy clause
itself
um which just basically says there’s a
hierarchy right there’s something that
is superior across the land
and it’s not the federal government it’s
not the state government it’s not it’s
not this person it’s not joe schmo
but it actually it actually brings it
all together
and um yeah i’m going to go ahead and
read it for you guys
this constitution and the laws of the
united states which shall be made in the
pursuance thereof
and all treaties made or which shall be
made
under the authority of the united states
shall be the supreme law of the land
so that nowhere in there does it say
that the federal government is supreme
nowhere in there does it say the supreme
court the federal supreme court
is a supreme nowhere in there does it
say that you know
new mexico is or at that time right uh
south carolina is the supreme um this is
just saying that the constitution
laws made in the pursuance thereof
treaties that are made and
within the confinements of what the
constitution allows
these are all things that are our law of
the land and the way that they function
this is what gives the constitution
teeth this is what
gives us the understanding understanding
the rest of this constitution
gives us the understanding of how the
constitution actually
functions when whenever we have a
concern whenever we
have an issue and and so as we
as we discuss some of the other portions
of the constitution
as we continue talking it’s important to
reflect back that
this is the supreme law of the land
if a law is made and it is in the
pursuance of
protecting that or enshrining that
portion of the constitution
it too is the supreme law
laws that go against are inferior
and so when you have contradicting laws
right you always have to follow the
superior law rather than the inferior
law which
as somebody who believes that you have
rights as somebody who believes you have
natural rights created and endowed upon
you by your creator regardless on if
you’re a religious person whether it is
your god that has
endowed you with this or if you are
secular minded wherein your parents
by merely creating you as a person
you have unalienable rights and we have
a constitution that enshrines those
that when they’re enumerated
especially when they’re enumerated in
the constitution that you have these
rights and they
should not be infringed unless there’s
an actual process which is also
enumerated within the bill of rights
and anything anything that falls below
that
is abject failure
and article 7 is about the the
ratification of it
so a lot of good stuff within that
u.s code contradicts the constitution
absolutely it does
let me go back and read through the
comment section again real quick
um federal government should be an
oversight committee not the mass
institution that it is today i agree
um
right now it does not function the way
it is written absolutely true
um all right
perfect so tonight
we’re gonna hurt some feelings of course
because
when when as i’ve already said right
when republicans or when democrats bring
up the constitution
rarely is it rarely is it being brought
up in a way of trying to
help the other side understand of of why
it is that they’re doing wrong
but rather it is used as a club just to
say
you can’t do that and then an attempt to
stop them right we saw this with
when president trump was in office right
we there was an attempt to use the
enrollment clause
there was the attempt to use uh the 25th
amendment there was a there was an
attempt to say you know this thing is
he’s clearly unconstitutional we need to
get rid of him um
we have joe biden in office now right
and and so
you know as everything is coming about
with covid right there’s there’s
arguments that
things that he is um um
not forcing at the moment but
encouraging people to do that people are
saying
you can’t do that in the constitution
but rarely ever
is it that that people say look i’m
gonna bring forth this idea
i’m gonna bring forth this bill i’m
gonna bring forth this amendment or
this law or this change or whatever it
is that they’re looking to
um procure for the betterment of society
do they say
and here’s why it’s justified within the
constitution
it is it is used in the negative more
often than it is used in the positive
and i think that that’s one of the
greatest
failures that we have um
it’s so tonight we’re gonna dive into
some of these specific points
um which will hopefully as
as somebody who is a lover of liberty as
a self-proclaimed
libertarian as somebody who has been
um fighting on the fronts of liberty and
discussions when it comes to criminal
justice reform
on health care reform on education
reform on
on societal reform on cultural reform on
on economic reform on all these
different reforms right i’m looking at
it
through the lens of what would it be
that the
the the foul the forefathers were
worried about
um what are the timeless principles that
stand because we’ll see
as we discuss the bill of rights itself
and other amendments that have come
through
how some of these are absolutely
timeless
and timeless in the way that as
technology grows it does not diminish
the truth that is being espoused within
these rights
it does not diminish your ability to
still have these rights or to be able to
exercise these rights
regardless of whatever um
your politician on either side of the
aisle
is attempting to tell you
i gotta i gotta figure out how to fix
this oh did i fix it i did
no i didn’t there we go i want to have
this up and i want to be able to still
read your guys’s chat
as things go through
so as i said 13 years after the
constitution was ratified we finally had
the bill of rights put in place
and the 10 amendments that they decided
upon right we have the first amendment
which is one that a lot of people talk
about but of course there’s five rights
in there
that are enumerated within the the the
text of the constitution itself
um and that of course is that they will
congress shall make no law respecting an
establishment of religion right this is
the freedom of religion this is you
being able to practice things
um of course as long as you’re not
hurting other people it shouldn’t be an
issue
um without their consent of course or
prohibiting the free exercise there i’m
sorry didn’t finish that statement
um
abridging the freedom of speech so they
cannot stop the the freedom of speech so
when you speak you’re free to speak this
is something that government cannot
infringe upon
even though we’re getting into
questionable territories as it has been
government encouraging and utilizing
facebook uh in order to censor
no spawn state-sponsored religion that
is well yes um
and then we also have in in article six
of no
religious testing which um that does
bother a lot of people on the right
as um i mean it even bothers people on
the left right because
um we had uh judd judge at the time
amy coney barrett who is a catholic
who had multiple children who is
seemingly very pro-life
and they wanted to use her catholicism
as as a justification of not allowing
her to be a supreme court justice um
we have where where conservatives are
concerned with
muslims becoming uh representatives or
or in in in office and i’m not
in let it be known that these are not
blanketed statements right it’s not
every conservative it’s not every
liberal it’s not every progressive it’s
not every
um whatever right
but there are groups of these
individuals out there that are
vocal about having a religious test
of of who can be in what office and why
welcome in ronald my name is jason line
i’m mr mark of the beard of truth
um
the right of people to peaceably
assemble is the fourth right enumerated
in the first amendment this one is one
that we
have seen so many issues on during covid
um i remember as i was i was
volunteering and helping out with the
the the joe and spike cohen campaign
um
where just trying to allow for people to
peaceably come together to listen to
them speak to listen to them talk to
listen to them
engage with people regardless of where
it was
this became an issue because safety was
more important
than your freedom to be able to make
your own decisions around
your own health and everything else
right
so and then of course
you have the right to petition the
government for a redress of grievances
this is one
that um is really important to me
because the first amendment
is one in which i believe that qualified
immunity itself
fails on so without diving too deep into
qualified immunity because we’re going
to have future shows on it i promise you
i’ve got i’ve got a great guy that’s
incredibly knowledgeable that has
inspired so many children so many adults
so many elderly um on this issue
um that i hope that he’s gonna accept my
invite when it comes about
but what this what
how qualified immunity fails on this is
qualified immunity itself
is for government officials and for
police officers who are government
officials so i repeat myself
they are prohibited from civil lawsuits
so they are protected from civil
lawsuits
in in special circum or circumstances
it sounds to me like we should probably
allow for those redresses of grievances
to be heard
and then maybe if if the courts deem
them to be unfit
of winning then the courts can do what
the courts have been doing
anyone bueller
so the first amendment incredibly
important grateful for the first
amendment
thankful for rhode island willing to uh
threatening
to go to a civil war over ensuring that
we had the bill of rights enacted
um amendment two this is one
that we are seeing a lot of discussions
on we see this one a lot more
whenever it is a democrat in office and
it becomes a
it becomes a floor mat when republicans
are in office
a well-regulated militia being necessary
to the security of a free state
and the right of the people to keep and
bear arms shall not
be infringed so a well-regulated militia
shall not be infringed
being necessary to the freedom of state
her security of a free state the right
of the people to keep and bear arms
shall not be in french
both of these things um where there’s a
lot of context that is missing from this
is that we use the terms of today well
regulated what does well regulated mean
today of course it means that you have
regulations on it you have burdens you
have
you have hoops you have to jump through
you have to make sure that you’re doing
everything right
there’s plenty of things that are
prohibited in the way of you being able
to have firearms and everything else
but well regulated back when it was
written in 1778
actually 1777 when the constitution was
written well regulated just meant to
make
regular uh which means that it was
the government was prohibited
from enacting barriers from making hoops
for people to jump through to
to get in into being a part of the
militia or allowing for the militia to
exercise
its rightful duty for
for being necessary to the security of
the free state
um and of course this also translates
over to the right of the people to keep
and bear arms because
at that time the militia was the people
it was all
mostly um privately owned weaponry right
it was all
it was all you had your own musket you
had your own firearm
you had cannons you had whatever it is
right we even had
um similar to what we would look at for
like a what we would call a machine gun
if you will
a belt fed rifles where they had little
handles and they would just crank those
bullets out
um so there there is so much there
that there’s a misconception and and
don’t get me wrong it is entirely on
both sides
um because as i said right when a
democrat is in office
we are so concerned right the general
populace is so concerned that guns are
going to be outlawed
but when a republican is in office we
often see it go
silent such as when president trump was
in office
he created a new precedent wherein a
president of the united states can write
an executive order
in order to change
the legality of a firearm accessory
of course i’m talking about bump stocks
general comments around this is that the
bump stocks are dumb
and i agree uh bump stocks are bad and i
agree
bump stocks are terrible if you guys are
using a bump stock you’re probably going
to jam your gun it’s not going to be
effective you
it’s it’s just it’s it’s not a great
tool
and so i i’ll give them credit on those
so first of all the government still has
no authority no no right no rights
delegated to it in order to
to ban that and second of all if it is
so stupid if it is so worthless then
there’s no justification on
why they should be taking action against
it um
so not only can they not but they
shouldn’t
and on top of that as i said it’s a new
precedent
wherein the president of the united
states can write an executive order
and have an effect
on your rights to keep and bear arms
which
again shall not be infringed
i wonder if president joe biden has any
ideas on magazine
size magazines are also an accessory
right
the only part of a gun that is really
the part of the gun
is the lower in the upper
if you want to talk about scopes that’s
an accessory
you want to talk about the actual stock
of a gun that’s an
accessory things that you can change out
those are accessories and yes i know you
gunsmiths i know i know
i can already hear bootleg talking to me
well you could change out your upper you
could change your logo
i i get it
but
the point stands is that now we have a
bigger fight to face
thankfully not even thankfully
the atf did overturn that they said well
by definition it’s still a
semi-automatic weapon even with a bump
stock because it is still
merely one bullet per trigger and so
therefore the definitional change made
by the executive order is nolan void
but it wasn’t struck down on the premise
of of course the constitution which as
we
we said earlier in the show article 6
clause 2 it is the supreme law of the
land
um janice uh said she had to google bump
stocks
are attachments that enable
semi-automatic rifles to fire faster
almost like machine guns yes
amendment three which i am a part of the
third amendment absolutist group because
the third amendment is one that’s not
really being infringed upon thankfully
right now
um and it doesn’t really have any
historical context in which it has been
being violated but no shall in the time
of peace be quartered in any house
without the consent of the owner
nor in time of war but in a manner to be
prescribed by
law some people would talk about the
police using your private homes
driveways etc
um on this and and i don’t i don’t know
if i give it that that full authority
but of course the
if you do not agree with the police
officer using your yard your
your driveway or or your private road as
a
as a means of of sitting out and waiting
for somebody to violate the law in front
of them
you can of course encourage them to
leave and they have to
amendment fourth the fourth amendment
one of my favorites the right of the
people to be secure
in their persons houses papers and
effects against
unreasonable searches and seizures shall
not be violated and no warrants shall
issue
but upon probable cause supported by
oath of
affirmation and particularly describing
the place
to be searched in the persons or things
to be seized so this is where we have
um people law enforcement
coming through with search warrants
right so they have to take
their evidence that there’s been a crime
being committed
to a judge the judge then says i agree
that this is a
enough of a probable cause and i i
authorize you
to go and search this house or this
locker within this house or this
computer within this house
or this flash drive within this
office or you know very specific as to
what they’re allowed to go
in and go into
um that’s how the fourth amendment
is supposed to work but of course what
we have
and as i mentioned earlier dui
checkpoints where anybody driving down
this strip of road going this direction
must be stopped and everyone must be
questioned
and if you turn around before then
you’re you’re there’s a probable cause
because you didn’t want to have that
interaction and so therefore
um they’re justified in pulling you over
and questioning you um
as you go through of course they’re
they’ve got to do a sniff test where
they’re checking to see if you’re you’re
drunk or if you’re intoxicated in any
way
and this has been somehow been
bastardized through the system
to be tolerated and to be accepted
a lot of issues with the fourth
amendment
as the um patriot act goes
um where
you get federal agents checking in on
your your stuff
whenever they feel necessary where we
have
the fisa court um
or fisa court where they have secret
hearings
and they get off just start tampering
and and surveilling people
um with a with an incredibly high
i believe the last number i saw was a 97
percent
um approval rating of we would like to
surveil this guy
cool rubber stamp and on to the next one
um so the fourth amendment is being
clearly being violated so we have the
first amendment clearly being violated
the second one clearly being violated
the fourth amendment clearly being
violated
um fifth amendment no person shall be
held to answer for capital or otherwise
infamous crime unless on a presentment
or indictment from a grand jury
except in a case arising in the land or
naval forces or in the militia
when an actual service of wartime or in
service in time of
war or public danger um
the important part um not be deprived of
life liberty or property without due
process
of the law and what’s interesting about
about due process what is due process
well of course due process is
um the innocence until proven guilty
this is
you know having those proper search
warrants of being able to actually
take um to extract evidence
in criminal prosecutions having a
right to a speedy and public trial by an
impartial jury of the state and district
wherein the crime shall have
been committed um
you know you get to face your accusers
um
to be confronted with the witnesses
against him to have compulsory
process for obtaining witnesses in his
favor and to have assistance of counsel
for his defense of course this is your
miranda rights you have the right
um you’re under arrest you you have the
right to remain silent anything you can
will or can and will be used against you
in the court of law if you cannot afford
an attorney one will be appointed
to you that was of course this sixth
amendment a lot of that that i was
reading is from the sixth amendment
um and so we have a criminal process
if we’re going to accuse people of this
of a crime they have a process in order
to go through this this is the due
process of course
in suits of common law where the value
and controversy shall exceed twenty
dollars this is one of the only times
that a dollar amount is actually
specified in the constitution but it’s
in the seventh amendment
and where the value and controversy
shall exceed
twenty dollars the right of the trial by
jury shall be preserved and no fact
tried by a jury
shall otherwise be examined in any court
of the united states then according to
the rule of common law
so this is of course your civil courts
your eighth amendment
this one has just recently got hit on
from criminal asset forfeiture
excessive bail shall not be required nor
excessive fines imposed nor cruel
and unusual punishments inflicted the
important part of that one of course is
that the not
excessive fines imposed i believe that
this would have been a very strong
argument when it comes to affordable
care act
because there were people who couldn’t
afford to have health care or health
insurance because of
a lot of government dealings and a lot
of government protectionism and a lot of
government monopolies and a lot of
government
just just government doing what
government does best with any market
um and that is utterly destroyed for the
general populace to be able to to obtain
it and to
to have good quality services be
rendered
and everything else but
when you have people who couldn’t afford
to get health insurance
and they were being fined for that right
this is the individual mandate
um which thankfully is being challenged
right now but this is this is
just that and as i alluded to with the
civil or the criminal asset forfeiture
case
um it was timbus versus ohio wherein
a man who had a couple grams maybe maybe
a couple ounces of marijuana
priced well under ten thousand dollars
worth of marijuana
had an eighty thousand dollar truck
seized and forfeited
um as a result of this and through
fighting all the way to the supreme
court he was
he showed up one day from from work
went home and there was his truck
absolutely shocked
and all and and in awe at the fact that
he had his truck back
um
so it’s it’s these are all things that
as i said right as we reflect back on
this these are all things that are
timeless
they don’t generally other than weird
old number seven
they don’t talk about specific numbers
um
they talk about just a philosophical
point here
and then of course you have two of my
favorite
the ninth and tenth amendment the ninth
amendment the enumeration of the
constitution of certain rights
shall not be construed to deny or
disparage others
retained by the people this is a blanket
statement wherein
look we’ve enumerated seven amendments
and we’ve discussed the rights of the
people
we’ve discussed the fact that people
have rights
but the ninth amendment says we probably
miss some
doesn’t mean that they don’t exist
doesn’t mean that you still don’t have
those rights
so you still have these rights even if
the constitution doesn’t
bring them up the right to not be forced
to take a vaccine
the right to determine what goes in
and out of your body
the right of travel right no one should
be stopping you from traveling freely
right this is this is one that the
supreme court has even ruled on you have
a right to travel
nowhere in the amendments does it talk
about you as a person as an individual
have the right to move
about as you see fit
now of course if you’re being detained
by police officers they have to give you
a justification as to why they’re
detaining you and etcetera and and
there’s a process there in some cases it
is
absolutely um correct in other cases you
know it’s
it’s somebody’s somebody’s having a bad
day
uh in the 10th amendment of course the
power is
not delegated to the united states the
the power is not delegated to the
federal government
by the constitution the powers that are
not given
the powers that are not granted the
powers that
are not enumerated within the
constitution
nor prohibited to it by the states or by
it to the states
are reserved to the states respectively
or
to the people that means that
when we look at the constitution
if a power was not delegated to
if it was not enumerated and delegated
to the federal government
through article 1 through article 2
through article 3
and their powers that are enumerated
within that if it is not given to them
it is not theirs to use
it is not theirs to give it is not
theirs to embolden it is not theirs to
take from you
and this is why the amendment process of
the constitution
is in incredibly important
because if you want the federal
government to do something
and it’s not enumerated you have to
enumerate it you have to provide it with
that blueprint if the constitution was
something to be respected if the
constitution was something to be adored
if the constitution was to be the
constraints
as the intention of the state’s compact
as it was
but as we as we dive into the rest of
the constitution of course we will see
that this has been an abject
failure
and since the bill of rights the 10
first amendments of course we have now
27
amendments some of them are good
some of them are fantastic some of them
are great and some of them
have undermined the process of the
constitution or of the federal
government
some of them have undermined the right
of the people
and of course i think a lot of people
instantly go to
the 16th amendment that’s the 21st
uh the 16th amendment so the 16th
amendment of course
is
the congress shall have the power to lay
and collect taxes on
incomes from whatever source derived
without apportionment
among the several states and without
regard
to any census or enumeration
i i’m always concerned with that or
enumeration
because we do have a progressive tax
income tax right the more money that you
make
when you hit a certain dollar amount the
money make after that
is taxed at a different rate so there is
an enumeration there
um and i believe that the way that
they’ve construed this is that it’s not
is i i couldn’t give you a good logical
reason as to how they justify i think
it’s more of a feelings based of
uh they’ve got more so we could take
more um
but yes so we have that one which is a
terrible one i would love to see the
16th amendment
be removed because somebody making an
income does not mean that you have
income for everyone else right does not
mean that you have income for the
for the for the country or for the
states right um i believe in a fair tax
i believe in a fat
and of vat tax um
i believe in in taxing on on
expenditures
rather than revenue
another one that i have i have great
issue with is the 17th amendment
the 17th amendment was changing the way
that senators
u.s senators were being elected so
before
what we had article 1 powers right
congress
you had the house of representatives
these were the house of the people
this is why it was the biggest body
within congress right now with a 435
members
you had so many people there because
they were representing
the people and then the senate
was two representatives from each state
and they were to represent the states
and so your state
representatives your state senators
would
actually elect u.s
senators and then you had the national
representative your president of the
united states
and this of course was voted upon by the
states within a
a democratic um election
underneath it right so within your
states you had the popular votes
and then those were were casted into
electoral votes and those electoral
votes went for the president
and and i’m sure a lot of us have
already are already heard way too many
discussions centered around the uh
the electoral college but i promise you
guys future shows we will cover this
i realize we’re gonna go way over time
today hopefully you guys are ready for
this
um
so what the 17th amendment did
was it took the state’s power at the
federal congress and it took it away
entirely
so now you have a popular vote for
senators
across the state and you have a popular
vote within districts for your house
representatives
so we’ve moved from what was a
democratic republic
to a democratic house a democratic
senate and now we have a movement we
have
yeah covent we have a movement that
i’m sure we’ve all beared witness to of
an
attempt to make it to where the
president of the united states becomes
democratically elected as well
right based off of popular vote across
the nation this of course will empower
big states and
and take the midwest and and take
smaller states and just
say we don’t care about you you got to
rule the way that we’re telling or
you’re going to have to live by the
rules that we’re telling you that we’re
going to give you right
i’m sure we can sit here and we can talk
about
a lot of the atrocities that happen
under direct democracies and i’m sure
that’ll be another discussion just as
well
man tonight is just opening up the
opportunity for future discussions hope
you guys are ready for this
but there were also good amendments as
well of course um
the 15th amendment the right of the
citizen in the united states to vote
shall not be denied or bridged by the
united states
or by any state on account of race color
or previous condition of servitude of
course the servitude is no longer really
applicable
um yes people are still being his life
to this day
um but yes um but
but you cannot be stopped from voting
based on your race color
which is fantastic right allowing for
everybody to vote
um we also had i’m blanking on the which
amendment it is and i don’t want to stay
here and read
all of them but we also have the
amendment for for women to vote right
because we look back to the declaration
of independence there was a line in
there
that i believe in the line i believe in
the intention of the line
um but when it was put into practice at
the time it was it was terrible
because it didn’t live up to its own
words
and that of course 23rd thank you so
much
um
is that all men are created equal
in in and in reference right i i can
already hear a feminist
like getting mad at me and i’m i’m sorry
this is
this is just using general speak
but all men right that is all men all
women
put together are created equal this
should have been
this could have been a much better
country
had we understood that when those words
actually rang
true and as we continue to push forward
of of allowing for freedom of everybody
as we have
pushed to allow for everybody to be
equal
because they all have the equal rights
as we as we
embolden that stance as we continue to
work to break down
barriers um for people in different
communities
um it is because we all can be better
as if we all are in it together
and certainly we are all in this country
together and we can all be
better together um i realize it’s really
better together but um but yes
no absolutely we can be a better nation
if we just find ways of working together
but i i think that there’s a lot of
of course we can discuss about the
different media sources we could talk
about
different politicians we could talk
about different um economic thinkings
and and
different atrocious views uh that people
share that just
drive division that break us away from
one another but i think at the end of
the day when we have those hard hearts
when we when we meet people where they
are
and we have these discussions of how we
can lift each other up
by just taking the shackles off of each
other
the world will be a better place our
country will be a better place our
communities will be a better place
so enough on the amendments i got to get
to some of the
some of the important things
whenever i talk about the constitution i
always got to
do some of the the the house cleaning
right we talked about what well
well regulated meant
but there’s another term that is often
bastardized
so understanding that from the 10th
amendment
that if it’s not enumerated it’s not a
given it’s not
granted as an authority understanding
that
article 6 clause 2 the supremacy clause
that if it’s not in
the if it’s not in the constitution or
in the pursuance of the constitution
it is not the supreme law of the land
and they’re
therefore inferior and therefore shall
not be followed
the preamble to the constitution itself
we the people
which originally was we the people of
new hampshire we the people of vermont
we the people of rhode island we the
people
yeah yeah uh we the people of the united
states
in order to form a more perfect union
establish justice ensure domestic
tranquility and provide for the common
defense
promote the general welfare
and secure the blessing of liberty on
ourselves and our posterity
which is future generations do ordain
and establish this constitution
for the united states of america to
promote the general welfare is
probably one of the most bastardized
portions of the constitution between
that and the commerce clause
the promote general welfare is
everything within the constitution
if we want to promote welfare right we
need to allow for
well-regulated markets well-regulated
states
well-regulated communities
well-regulated
intervention or innovations
well-regulated
everything and of course i’m not using
today’s
term of well-regulated but rather
but rather the terms used in 1778
to allow for people to be free to be
able to make those innovations
for people to be able to partake in
commerce
interstate commerce which is as i said
the other one that gets bastardized
to allow for people to make trades to
allow for people to engage with one
another
for people to to care for one another to
love one another to be compassionate for
one another
and so throughout the rest of the
constitution all of these things are are
spelled out and enumerated what the
federal government is to do
and all of these things are in line with
attempting to establish justice
to ensure that we have domestic
tranquility
to provide for common defense and of
course
to allow for the general welfare
this doesn’t mean to provide the general
welfare this doesn’t mean
to go out and take from everybody in
order to give them crumbs
to send our troops off to fight for
other nations
interests
it means that our government was
supposed to be limited in the way that
it functioned
and when it was used when it was needed
when it was necessary
that it would go out and help break down
barriers
to allow for people to thrive
we have missed this mark so far
and this country is is on the verge
if you don’t see it now give it another
decade give it another two decades
it will be in your face
we’re coming we’re coming to dark times
in this nation
not not
be not not to
not to say that this is this is because
of us but this is
because of us this is because
we we don’t have a limited government
we’ve allowed for a tyrannical
government to continue to reign over us
we’ve allowed for the constitution to
become a floor mat
so what powers do does congress actually
have
well if we go through article one
we can find out you know how their
how they’re structured how they’re
formed and everything else but
really section 8 is the important one
right this is the power of the purse
section if you will this is what
congress
can can um you know as it says
shall have the power to lay tax lay and
collect taxes
duties and impose and excises to pay the
debts
and provide for the common defense and
general welfare of the united states but
all duties imposed and excises
shall be made uniform throughout the
united states
so when they want to provide for the
common defense and they want to provide
for the
to to to pay the debts for the general
welfare of the united states
what does that mean well of course it’s
everything following in
article one section eight borrow money
on the credit of the united states
regulate commerce with four nations
regulate again right to make it where
you can have that
um and among the several states and with
the indian tribes to establish uniform
rule of naturalization to coin money
provide for the punishment of
counterfeiting the securities
and the current cash of the united
states
to establish post office and post roads
where we’re going we don’t need roads
but they need roads to promote the
progress of science and useful arts by
securing for limited times to authors
and invent
inventors the exclusive right to their
respective writings and discoveries so
this is intellectual property
to constitute tribunals inferior to the
supreme court so to create
tiered supports right so instead of just
everything going to the supreme court
you
you have all those um underlying
courts that you have to go through to
define and punish piracies and felonies
committed
on the high seas and offenses against
the law of nations
here’s one that has been incredibly
ignored
to declare war grant letters of marquee
and reprisal
and make rules concerning captures on
land and water
to declare war to declare
war world war ii was the last time we
declared war how many wars have we been
in
so my question of course on this is that
when we look at the authorized use of
military force
or aumf
is that really in the pursuance of the
constitution
where president of the united states can
get us into a conflict
and when congress comes together creates
a resolution to pull us out of
supporting
the genocide ongoing in yemen since 2014
and the president united states is able
to say nay
veto it such as what president trump had
done
is this truly in the pursuance
of the constitution
to raise and support armies to provide
and maintain the navy
navy to make rules for the government
regulation of the land and naval forces
provide calling forth the militia
organizing arming and disciplining the
militia for the governing and part of
them to be employed in the service of
the united states
legislative in all cases whatsoever
and to make all laws which shall be
necessary and proper for carrying into
the
execution the foregoing powers
the foregoing powers and all of the
powers vested by this constitution
and the government of the united states
in all other powers vested
by this constitution and the government
of the united states
so when congress decides that they will
they see the people hurting
and they decide to send you money
i’m not saying that it’s not a good
gesture
but i’m saying that there’s a fantastic
book on this the book is called not
yours to give
and this book is about the davy crockett
as he was a member of the house
and as he was strolling about his
streets
he ran across a man from his community
who was a voter of his in the past this
man his name was bruce ohr
and he said bruce i’m looking forward to
your vote again this
this upcoming election bruce said i
cannot vote for you
i cannot vote for you davy crockett
taken aback he asked why he said it’s
not yours to give
not yours to give what possibly could
you mean
well i’ll let you guys read and find out
you guys can find this on youtube it’s
an incredibly short read or a short
listen
um i think it was only like 20 minutes
long
um maybe maybe 40 minutes
not yours to give incredibly moving
story
about the constitutionality of what
a member of congress can actually spend
their money on
hmm
so there’s congress so if we looked at
how congress has been spending their
money
do you think half of it is
constitutional
three quarters of it
sorry i went the wrong way do you think
a quarter of what they spend
is constitutional no
they failed us as we sit
and struggle in 28 trillion dollars in
debt it’s because congress
congress kept putting up bills they kept
funding their own pet projects
they kept funding other nations they
kept funding
social programs that was never there
that they were never empowered to do
they keep funding all these different
projects
both home and abroad
without ever being challenged
to their constitutionality supreme
courts have ruled
not using the constitution but using
their own feelings
because they too are people and that’s
why
for me this was one of my biggest
falling into
becoming a absolute principal
libertarian
was because i read the constitution from
cover to cover
day in and day out i would i would i
would be
sitting if i could be honest with you
guys early on in my podcast days
i was sitting
talking with a couple podcasters on a
skype
call we would just sit there and
brainstorm and just chat it up and talk
about like current events and
just pick each other’s brains and and
try to come up with better content
and they’d realize that i’d gone silent
for about 30 45 minutes i was sitting
there with a constitution in my hand
reading it
i kept challenging myself
i just i realized
we’ve gone so far away from the
principles
that our founding fathers put in the
constitution
to limit the government to ensure that
the people would be free
to ensure that their liberties were
protected
because of a couple percent tax on tea
was the was the boiling was the was the
boiling point for them
and they said you shall not infringe
upon us that we have a right to freedom
of speech
and our government said no we have a
right to peaceably assemble
the government said no
that we have a right to carry and keep
and bear arms
and again our government said no
and now our government is doing the same
thing
and we say we have a right to our
privacy
government says no
we shall not be excessively fine
government laughs we have these rights
and we’ve never delegated them to you
we have them now
we have the largest government in world
history
we have the shortest constitution
enumerated powers delegated
to our government currently the longest
standing government
and it’s the largest in the world
largest in world history
so i know when i speak about the
constitution
there’s a lot of great information in
here there’s a lot of things that you
can take your perspective
i would love to have yeah the bsl
the bsl fuel there’s a lot of great
information in here and there’s a lot of
good stuff in here that can really
fine-tune your perspective on on your
look
into how government deals
and it bothers me it it truly does
create turmoil inside me
as we see so many people
on the republican and democratic side
say that they value this very thing
but when it when you put it in front of
them
and you say you’re advocating against
this document that you said you valued
when you put it in front of a politician
that has to swear an oath
to this constitution
and it falls on deaf ears consistently
that i’m i’m fearful for for the future
we’re in a bad
dark place right now with the way our
government is and i’m fearful for
just how bad and dark it can really get
so this is one of those i mean
if you guys have taken the time to read
this there’s so much information in the
constitution
that um we are for sure going to be
having diving much
deeper into specific topics we’ll talk
about supreme court cases we’ll
talk about when they got it wrong we
will talk about
when they’re when their decisions were
just entirely arbitrary and feelings
based
uh korematsu versus united states of of
the supreme court ruling that you can
intern somebody based on
on their heritage when you’re half
japanese we can intern you
find that in the constitution
so we will take time for sure to discuss
the constitution so you guys can be
better equipped when you guys are
talking to people who
want to use the constitution as a club
against their enemies
but want to ignore it when it’s in front
of them
but we can use it as leverage in order
to continue to have these discussions
and bring people
to the side of it truly is a problem
that our government has gotten the way
that it is
but i’ve taken up enough of your guys’s
time tonight
i want to say thank you again for coming
on i love you guys all i appreciate you
guys
all i hope that you guys are gonna be
tuning in for the rest of the week as
muddy waters is the monday through
friday show that matt and spike have
been hoping for for so long
i’m so excited to see the continued
growth
and the continued push forward as as
everyone on this platform
continues to produce great content
continues to interact and engage with
each and every one of you
and i love you guys all i appreciate you
guys all thank you guys all so much for
your interactions on the stream tonight
thank you guys for for sharing this out
when you guys have
and uh if you’re on the podcast and
listening later i love you
just as much as the people who who
were here live and um
i mean let’s let’s continue the good
fight
fight the right cause and make good
pushes
make good changes we can do it
love you guys i i will be back next
monday night 8 p.m eastern
i’m of course mr mark of the bearded
truth jason line and of course
throughout the rest of the week with the
exception of friday
8pm eastern is a good time to catch most
of muddy waters media
with the exception of believe it’s 9
30 9 30 friday nights you can catch the
bayous from bayous to igloos so monday
nights mr mark of the bearded truth
tuesday night is muddy waters media with
matt and spike wednesday is spike cohen
himself on my fellow americans
and thursday nights of course the
writer’s block with matt
so with that i will catch you guys next
week i
appreciate and love you all and i’ll see
you guys soon