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Good evening, folks.

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Good evening, folks. I want to thank you

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for inviting me into your home tonight

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to talk to you about an extremely

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important issue to you.

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I I basically

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am here to talk about the United States

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Constitution and our government and some

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of the principles that uh

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you need to understand most thoroughly

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so that you can have an effective

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opportunity to exercise your

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constitutional rights. The whole purpose

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of this is that you understand that

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these these rights come from God, okay,

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that they are God-inspired. God is the

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one who who endowed us with these rights

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and that this Constitution merely

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uh

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offers a legitimate program to protect

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that all of us can have the rights

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equally

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and and as long as we respect our

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neighbor and allow them also to have the

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rights equally. The the the protections

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are are are going to last forever as and

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and the reality is that

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we are going to get thoroughly into your

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Constitution. We want you to find a

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Constitution wherever you can and we are

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going to basically take you step by step

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through some of the most important parts

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of this Constitution so that you can

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better exercise your rights in a timely

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fashion. Now, the facts are simple. If

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you don't know your rights, you don't

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have any rights and that's just the way

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it is. And if you certainly couldn't

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exercise those rights timely if you

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don't know what they are. So, what's

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going to happen is they're going to tell

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you what your rights are and do you

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think they're going to tell you in your

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favor? Certainly not.

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Now, we've come a long way to put this

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program on to help you.

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By the way, my name is Carl Miller. I

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want to thank you again for inviting me

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into your home. We're going to proceed

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with vigor.

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I should tell you a few things about me

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that I'm a a prior service soldier. I

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served three combat tours, Republic of

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Vietnam.

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I should tell you that I was a

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participant in the top secret project

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called Blue Book where the officers in

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the jungle smelled a rat in the wood

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pile and they decided to pull their

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their top soldiers aside

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and they come on over here. Let's come

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on over here. We want to talk to you.

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And they took their top soldiers in the

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corner

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and they started teaching them things

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like duty, honor, country, pride in the

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corps. They taught us history. They

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taught us all kind of programming as far

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as what's going on in our government.

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They taught us the Constitution. We had

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to be able to rattle the Constitution

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off just like we would any manual of

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arms.

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And this all took place totally top

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secret so that we wouldn't offend any

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chains of command or any uh

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presidential problems similar to what uh

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happened between General MacArthur. And

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the bottom line is uh this was taken

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totally upon their own, shall we say,

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careers to pull this thing off. And they

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this happened all throughout a lot of

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the military services in Vietnam. Marine

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Corps, Air Force, Army. We all they all

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pulled aside their best people and they

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started putting everything in and

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teaching us our Constitution. So, I'm

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going to try and instill in you

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that flame that was instilled in me over

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25 years ago in which I have been I have

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been transferring ever since. I have

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been fighting tooth and nail to defend

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the Constitution.

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I have helped thousands and thousands

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and thousands of other people do the

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same.

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I teach people how to be their own

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counsel, to stand up in courts of law,

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and be able to exercise their

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constitutional rights in a timely and

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effective manner.

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And uh the good Lord willing, I'll be

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able to keep doing that. So, why don't

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we uh right now try and get into some

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parts of the Constitution?

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The most important thing that I can

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teach you about this Constitution

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is the importance of reading it.

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You must read the Constitution and

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understand what physically is involved.

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You must know your rights and timely

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assert them. That is your burden. If you

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do not, then a legal term called laches

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incurs is in full force. Laches is a

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legal term which is defined as an as a

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Laches is a species of action where in a

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party of reasonable intelligence and

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integrity having a right to take an

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action as is prescribed by law and

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having failed to timely do so loses our

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right to proceed. So, what is actually

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happening out there folks is that laches

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is incurring because most people don't

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read their constitution and know what's

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involved. So, then you are left to being

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told, "Well, that's what it means."

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Okay, so you just got to do what you got

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to do and you're told and and they're

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going to tell you in favor of them.

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They're not going to tell you in favor

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of you.

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So, it's better for you to read the book

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and understand what's in it. It's not a

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very big book. I I highly recommend the

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book.

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I you can get several versions. A lot of

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times you contact your congressman. My

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congressman Dominic Vincentini, a state

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senator, supplied this one for me.

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Uh John a libertarian candidate,

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has supplied several also.

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Uh some of these folks uh just check

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with your local uh

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congressman or state rep. Uh a lot of

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times you can they'll just give you one.

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If you cannot find one, go down to your

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United States uh government building.

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Here in the Detroit vicinity we it's

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called the McNamara building on the

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first floor.

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And uh what we do then is we go into the

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government printing office and usually

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they're about a buck.

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But I highly recommend you go get one. I

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I don't leave home without mine. I

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usually have three or four of them

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someplace. And I hand them out also

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myself. I give them out to whoever I I

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think one of the most kindest things I

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can do to a person is give them this

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book and show them how it works.

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This book is kind of like a genie in a

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bottle.

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If you know how to stroke this book, I'm

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telling you the genie comes out and it

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usually

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with a force that that you will be

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clearly recognized in any court in the

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land.

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Now, that doesn't mean it'll be easy.

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You might have to work a little bit. But

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basically there's an argument and it

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comes like this.

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If I violate your rights, you may or may

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not know about it. If you know about it,

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you may or may not be able to do

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something about it. If you do have an

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ability to do something about it, you

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may or may not have the financial

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wherewithal to to go to a finished

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program.

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If you do have the the financial

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wherewithal, you may not have the

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intestinal fortitude to go to a finished

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program. So, most of the time your

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governments and your your abusive

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personalities in government or your

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corporations

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uh pretty much have carte blanche to to

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injure you. Because in 99.9% of the

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cases, nobody Most people will not

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proceed. But every now and then you run

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into that one hard nut, and he doesn't

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quit or she doesn't quit till

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the cows come home. And what happens is

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that person will prevail. And those are

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the people that are actually generating

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better protections and better

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constitutional rights for you. Those are

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the ones that are going to the Supreme

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Courts and the Courts of Appeals and

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what have you that are pushing that are

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spending their life funds to allow you

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to have the benefit. But if you aren't

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there to catch the benefit, then you you

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the benefit is lost. So,

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we're going to get right into the

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Constitution. We're going to teach you

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some things about it.

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Pay attention cuz we're really doing

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this out of an act of love for you. And

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we're hoping to God you're going to pick

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up on it and pay attention, okay? Now,

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I'm going to put one Constitution down

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here so the folks can see it. I will

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open this up from time to time to

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demonstrate things to you. I will

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basically try and read out of another

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Constitution

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so that we can better show you some of

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the things that are involved. Now, it's

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important that you understand that this

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Constitution is in writing.

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It's important that you understand that

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it is a legal document, okay?

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That it was ratified

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by all of the members

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in a Congress together, right?

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And that that document can be you can

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get all the signatures on the document.

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Okay? And it's important that you

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understand

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that there was an offer. Government

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offered to govern. There was a

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consideration. The citizens considered

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how were going to be governed, and

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government promised that they would

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govern by constitution.

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And there was an agreement. The citizens

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agreed that if government promised there

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would be

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government by constitution, that they

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would agree to allow the constitution to

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into force. Now, there's a unique

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situation here. It's very rare when you

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find the party of the first part, which

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is the congressman, officers of the

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government, who are also parties of the

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second part as representatives of we the

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people of the republic. And when they

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signed the document, they signed the

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document as officers of government

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agreeing to the constitution, and

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simultaneously as officers of

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representatives of the people

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in the republican form of government.

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And when they signed that document, that

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constituted a ironclad contract in

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writing enforceable in court of law

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pursuant to the statute of frauds. Here

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in the state of Michigan, that's 566.132

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Michigan Compiled Laws Act, which

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basically states anything in writing is

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enforceable in a court of law pursuant

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to the statute of frauds. Now, all we're

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asking is that they enforce the

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contract. We want them to enforce the

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contract. In other words, if we read

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something in here

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and we got a good reason for why we

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believe it's the way it is, then they

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should honor that.

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And they should honor it in favor of

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you, the clearly intended and expressly

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designated beneficiary, but I'll get

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into that a little later.

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00:09:03,280 --> 00:09:06,839
The program that you should understand

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00:09:06,839 --> 00:09:09,640
especially

279
00:09:09,640 --> 00:09:12,000
is Article 6 paragraph 2 of the

280
00:09:12,000 --> 00:09:13,440
Constitution. This is called the

281
00:09:13,440 --> 00:09:16,360
supremacy clause of the Constitution.

282
00:09:16,360 --> 00:09:18,640
It's located at Article 6.

283
00:09:18,640 --> 00:09:20,400
Everybody see that?

284
00:09:20,400 --> 00:09:22,080
Paragraph 2, which is going to start

285
00:09:22,080 --> 00:09:23,360
right here, and I'm going to read it to

286
00:09:23,360 --> 00:09:25,040
you, okay?

287
00:09:25,040 --> 00:09:28,120
And basically what it says is this this

288
00:09:28,120 --> 00:09:30,160
Constitution

289
00:09:30,160 --> 00:09:31,920
and the laws of the United States which

290
00:09:31,920 --> 00:09:35,480
shall be made in pursuance thereof.

291
00:09:35,480 --> 00:09:37,240
And the treaties made or which shall be

292
00:09:37,240 --> 00:09:40,590
made

293
00:09:40,600 --> 00:09:44,200
under the authority of the United States

294
00:09:44,200 --> 00:09:47,800
shall be the supreme law of the land.

295
00:09:47,800 --> 00:09:49,840
And the judges in every state shall be

296
00:09:49,840 --> 00:09:52,520
bound thereby.

297
00:09:52,520 --> 00:09:54,120
Anything

298
00:09:54,120 --> 00:09:57,000
in the Constitution or laws of any state

299
00:09:57,000 --> 00:09:58,840
to the contrary or not withstanding.

300
00:09:58,840 --> 00:10:00,000
When they say not withstanding, that

301
00:10:00,000 --> 00:10:01,840
means not withstanding in law. That

302
00:10:01,840 --> 00:10:03,280
means that's a legal definition. Not

303
00:10:03,280 --> 00:10:04,720
withstanding means not withstanding in

304
00:10:04,720 --> 00:10:06,120
law.

305
00:10:06,120 --> 00:10:08,840
Now, a very important case, Marbury

306
00:10:08,840 --> 00:10:12,400
versus Madison, 5 US 137.

307
00:10:12,400 --> 00:10:15,240
Pardon my reaching here.

308
00:10:15,240 --> 00:10:18,840
Marbury versus Madison, 5 US 137.

309
00:10:18,840 --> 00:10:21,040
It's recorded at

310
00:10:21,040 --> 00:10:23,920
volume 5.

311
00:10:23,920 --> 00:10:27,080
Right here. It's an 8 night 1803 case,

312
00:10:27,080 --> 00:10:29,760
Marbury versus Madison. It's recorded in

313
00:10:29,760 --> 00:10:33,040
volume 5, page 137.

314
00:10:33,040 --> 00:10:35,320
Now, basically what this case states and

315
00:10:35,320 --> 00:10:36,640
I'm telling you right now, if you want

316
00:10:36,640 --> 00:10:39,120
to use a case to cite for any purpose in

317
00:10:39,120 --> 00:10:41,760
court, you have to read the case. If you

318
00:10:41,760 --> 00:10:43,280
haven't read the case, you haven't read

319
00:10:43,280 --> 00:10:45,600
the case and formed a basis upon which a

320
00:10:45,600 --> 00:10:48,200
logical determination in your mind

321
00:10:48,200 --> 00:10:50,680
could have been reached to form an

322
00:10:50,680 --> 00:10:51,880
opinion

323
00:10:51,880 --> 00:10:53,320
as to why you should do what you're

324
00:10:53,320 --> 00:10:54,640
going to do,

325
00:10:54,640 --> 00:10:56,520
then the judge will throw your case out.

326
00:10:56,520 --> 00:10:58,360
So, read your cases. Don't just quote

327
00:10:58,360 --> 00:11:00,480
cases because they won't you won't win.

328
00:11:00,480 --> 00:11:01,920
If the judge ever pins you down and

329
00:11:01,920 --> 00:11:03,440
starts asking you some merits of the

330
00:11:03,440 --> 00:11:05,640
case and you can't even understand what

331
00:11:05,640 --> 00:11:08,160
the case is about, nine times out of 10,

332
00:11:08,160 --> 00:11:09,720
he's just going to throw your case in in

333
00:11:09,720 --> 00:11:12,280
the in the can. So, make sure you read

334
00:11:12,280 --> 00:11:14,280
the case. This is one of the leading

335
00:11:14,280 --> 00:11:15,640
cases

336
00:11:15,640 --> 00:11:17,360
in the history of the United States of

337
00:11:17,360 --> 00:11:19,680
America. The opinion of the court was

338
00:11:19,680 --> 00:11:21,760
given by the honorable Judge John

339
00:11:21,760 --> 00:11:23,560
Marshall, Chief Justice of the Supreme

340
00:11:23,560 --> 00:11:27,240
Court. His opinion was anything

341
00:11:27,240 --> 00:11:29,760
that is in conflict is null and void of

342
00:11:29,760 --> 00:11:32,560
law. Clearly, he said that for a

343
00:11:32,560 --> 00:11:35,000
secondary law to come in conflict with

344
00:11:35,000 --> 00:11:37,440
the supreme law was illogical. For

345
00:11:37,440 --> 00:11:39,960
certainly the supreme law would prevail

346
00:11:39,960 --> 00:11:41,760
over all other law, and certainly our

347
00:11:41,760 --> 00:11:43,480
forefathers had intended that the

348
00:11:43,480 --> 00:11:45,480
supreme law would be the basis of all

349
00:11:45,480 --> 00:11:48,080
law. And for any law to come in conflict

350
00:11:48,080 --> 00:11:49,720
would be null and void of law. It would

351
00:11:49,720 --> 00:11:51,920
bear no power to enforce, it would bear

352
00:11:51,920 --> 00:11:54,280
no obligation to obey, it would report

353
00:11:54,280 --> 00:11:56,120
to settle as if it never existed for

354
00:11:56,120 --> 00:11:58,240
unconstitutionality would date from the

355
00:11:58,240 --> 00:12:00,640
enactment of such a law, not from the

356
00:12:00,640 --> 00:12:03,040
date so branded in an open court of law.

357
00:12:03,040 --> 00:12:04,840
No courts are bound to uphold it, and no

358
00:12:04,840 --> 00:12:06,920
citizens are bound to obey it. It

359
00:12:06,920 --> 00:12:09,640
operates as a mere nullity or a fiction

360
00:12:09,640 --> 00:12:11,200
of law, which means it doesn't exist in

361
00:12:11,200 --> 00:12:13,000
law. Now, let me give you an example in

362
00:12:13,000 --> 00:12:14,760
today's timing as to how effective this

363
00:12:14,760 --> 00:12:16,960
is. This argument is so effective that

364
00:12:16,960 --> 00:12:19,160
it literally nullifies the Brady Bill,

365
00:12:19,160 --> 00:12:21,000
it nullifies the crime bill, it takes

366
00:12:21,000 --> 00:12:22,240
away the right of the people to keep and

367
00:12:22,240 --> 00:12:24,320
bear arms on these 19 weapons that turn

368
00:12:24,320 --> 00:12:27,320
into 159 weapons.

369
00:12:27,320 --> 00:12:30,520
It uh stops this 666 bill that just went

370
00:12:30,520 --> 00:12:31,720
through that they're trying to take away

371
00:12:31,720 --> 00:12:33,280
the Fourth Amendment.

372
00:12:33,280 --> 00:12:35,000
You see, because they have no power to

373
00:12:35,000 --> 00:12:36,640
pass a law that's in conflict with the

374
00:12:36,640 --> 00:12:38,120
United States Constitution, and it's

375
00:12:38,120 --> 00:12:40,040
automatically null and void of law from

376
00:12:40,040 --> 00:12:41,680
its inception, not from the date you go

377
00:12:41,680 --> 00:12:42,880
to court and brand it as

378
00:12:42,880 --> 00:12:44,360
unconstitutional.

379
00:12:44,360 --> 00:12:46,440
Now, I want to get that real clear.

380
00:12:46,440 --> 00:12:47,760
A lot of people think that they got to

381
00:12:47,760 --> 00:12:48,640
go to court and brand it

382
00:12:48,640 --> 00:12:51,080
unconstitutional. I'm here to tell you

383
00:12:51,080 --> 00:12:52,760
if you know your arguments and you can

384
00:12:52,760 --> 00:12:54,920
show your arguments,

385
00:12:54,920 --> 00:12:57,600
most of the time you will win.

386
00:12:57,600 --> 00:12:59,000
Every now and then you run into a hard

387
00:12:59,000 --> 00:13:00,200
nose, but I'll show you how to deal with

388
00:13:00,200 --> 00:13:03,000
him, too. Okay? But for now, I want

389
00:13:03,000 --> 00:13:05,120
everybody that's got a chance to go out

390
00:13:05,120 --> 00:13:07,280
to learn your Constitution, your Article

391
00:13:07,280 --> 00:13:09,680
6 Paragraph 2 of your Constitution. I

392
00:13:09,680 --> 00:13:11,160
want you to

393
00:13:11,160 --> 00:13:12,640
to pay attention to what's going on

394
00:13:12,640 --> 00:13:14,520
here. Learn to read about this Marbury

395
00:13:14,520 --> 00:13:17,640
versus Madison case.

396
00:13:17,640 --> 00:13:19,680
I want to show you, pardon my reach

397
00:13:19,680 --> 00:13:21,560
again,

398
00:13:21,560 --> 00:13:24,360
this right here is an example of what is

399
00:13:24,360 --> 00:13:26,800
called Shepard's Citations. Shepard's

400
00:13:26,800 --> 00:13:29,160
Citations is a group of reporters that

401
00:13:29,160 --> 00:13:30,920
go through and keep track of all the

402
00:13:30,920 --> 00:13:32,280
court cases that have come before the

403
00:13:32,280 --> 00:13:34,320
courts, especially the Supreme Court.

404
00:13:34,320 --> 00:13:37,320
And they clarify before the court all of

405
00:13:37,320 --> 00:13:39,120
the cases. Each one of these little

406
00:13:39,120 --> 00:13:41,240
numbers here represents somebody hiring

407
00:13:41,240 --> 00:13:43,480
a lawyer and going to the Supreme Court.

408
00:13:43,480 --> 00:13:45,840
Every one of these. There's nine pages

409
00:13:45,840 --> 00:13:47,720
of these folks.

410
00:13:47,720 --> 00:13:50,040
Almost 200 years worth that goes against

411
00:13:50,040 --> 00:13:52,760
this case, Marbury versus Madison.

412
00:13:52,760 --> 00:13:54,320
And I want to tell you

413
00:13:54,320 --> 00:13:56,200
this case is still supreme law of the

414
00:13:56,200 --> 00:13:58,440
land. If it wasn't, you would see O's in

415
00:13:58,440 --> 00:14:00,840
here where it was overturned, okay?

416
00:14:00,840 --> 00:14:03,520
You don't see any O's.

417
00:14:03,520 --> 00:14:05,680
There aren't any O's.

418
00:14:05,680 --> 00:14:07,400
That means the case is standing. There'd

419
00:14:07,400 --> 00:14:08,920
be an O in this column right next to

420
00:14:08,920 --> 00:14:10,560
here. You don't see any O's because

421
00:14:10,560 --> 00:14:11,840
there's no case that could come up

422
00:14:11,840 --> 00:14:13,280
against this case. That's how strong

423
00:14:13,280 --> 00:14:15,440
this case is, folks.

424
00:14:15,440 --> 00:14:17,680
Now, this is nine pages. Each This is

425
00:14:17,680 --> 00:14:19,440
two pages each.

426
00:14:19,440 --> 00:14:21,040
There's nine pages of this. This

427
00:14:21,040 --> 00:14:22,360
represents

428
00:14:22,360 --> 00:14:24,680
if I was to to to try and teach you what

429
00:14:24,680 --> 00:14:26,920
this represents, if I was building a

430
00:14:26,920 --> 00:14:28,800
wall from here to the moon

431
00:14:28,800 --> 00:14:31,440
out of bricks.

432
00:14:31,440 --> 00:14:32,800
That's what that would mean in legal

433
00:14:32,800 --> 00:14:34,680
terms.

434
00:14:34,680 --> 00:14:37,200
Because that's how solid this case is.

435
00:14:37,200 --> 00:14:38,360
So, it's very important that you

436
00:14:38,360 --> 00:14:40,320
understand your Constitution is an

437
00:14:40,320 --> 00:14:42,160
ironclad contract in writing enforceable

438
00:14:42,160 --> 00:14:43,360
in the court of law. It's very important

439
00:14:43,360 --> 00:14:45,120
that you understand Article 6 paragraph

440
00:14:45,120 --> 00:14:47,240
2, the supremacy clause, which says the

441
00:14:47,240 --> 00:14:48,760
Constitution and the laws in pursuance

442
00:14:48,760 --> 00:14:49,960
thereof and the treaties made or which

443
00:14:49,960 --> 00:14:51,120
shall be made under the authority of the

444
00:14:51,120 --> 00:14:53,040
United States shall be the supreme law

445
00:14:53,040 --> 00:14:55,000
of the land. The judges in every state

446
00:14:55,000 --> 00:14:57,240
shall be bound thereby. Anything in

447
00:14:57,240 --> 00:14:59,200
conflict or repugnancy is null and void

448
00:14:59,200 --> 00:15:00,960
of law. It bears no power to enforce, no

449
00:15:00,960 --> 00:15:02,440
obligation to obey. It purports to

450
00:15:02,440 --> 00:15:03,680
settle as if it never existed.

451
00:15:03,680 --> 00:15:05,040
Unconstitutionality dates from the

452
00:15:05,040 --> 00:15:06,560
enactment. No courts are bound to uphold

453
00:15:06,560 --> 00:15:08,560
it. No citizens are bound to obey it.

454
00:15:08,560 --> 00:15:09,839
Now, that is one of the most important

455
00:15:09,839 --> 00:15:11,160
lessons that I can teach you on the

456
00:15:11,160 --> 00:15:13,400
Constitution so that you can understand

457
00:15:13,400 --> 00:15:16,720
how strong this document is.

458
00:15:16,720 --> 00:15:17,880
You see?

459
00:15:17,880 --> 00:15:19,880
And when I go to the law library and I

460
00:15:19,880 --> 00:15:21,360
hit some of these law libraries, it's

461
00:15:21,360 --> 00:15:23,120
wall-to-wall books, folks. I mean, it's

462
00:15:23,120 --> 00:15:24,560
like I take people down here and their

463
00:15:24,560 --> 00:15:26,520
chin's on the ground. And then I tell

464
00:15:26,520 --> 00:15:28,160
them there's three floors of this place

465
00:15:28,160 --> 00:15:30,160
just like this, filled to the brim with

466
00:15:30,160 --> 00:15:31,880
books and books. And did you know that

467
00:15:31,880 --> 00:15:33,720
in every one of those cases, this little

468
00:15:33,720 --> 00:15:35,240
book right here,

469
00:15:35,240 --> 00:15:37,920
this one right here, folks,

470
00:15:37,920 --> 00:15:39,960
controls every single book in that law

471
00:15:39,960 --> 00:15:42,640
library. Every single one.

472
00:15:42,640 --> 00:15:44,680
Every single book in that law library is

473
00:15:44,680 --> 00:15:46,600
controlled by this little book. So, can

474
00:15:46,600 --> 00:15:48,120
you understand how important it is for

475
00:15:48,120 --> 00:15:49,600
you to know what's in this little book

476
00:15:49,600 --> 00:15:52,480
so that you can effectively call on that

477
00:15:52,480 --> 00:15:55,160
kind of a commanding knowledge?

478
00:15:55,160 --> 00:15:56,320
Okay?

479
00:15:56,320 --> 00:15:59,320
It is absolutely vital that you get a

480
00:15:59,320 --> 00:16:01,120
hold of one of these books and start

481
00:16:01,120 --> 00:16:03,000
learning it and don't let anybody take

482
00:16:03,000 --> 00:16:05,280
away your constitutional rights.

483
00:16:05,280 --> 00:16:06,840
You cannot You can't even give your

484
00:16:06,840 --> 00:16:08,440
constitutional rights away. You have to

485
00:16:08,440 --> 00:16:10,440
voluntarily acquiesce by signing a

486
00:16:10,440 --> 00:16:13,040
document on a Miranda release form.

487
00:16:13,040 --> 00:16:14,400
That's how hard it is to give away your

488
00:16:14,400 --> 00:16:15,760
constitutional rights. We don't want you

489
00:16:15,760 --> 00:16:17,560
to give away any of your rights. We want

490
00:16:17,560 --> 00:16:18,840
you to know these rights backward,

491
00:16:18,840 --> 00:16:20,480
forward, upside down, and all. We want

492
00:16:20,480 --> 00:16:21,760
you to be able to rattle them off. Our

493
00:16:21,760 --> 00:16:23,600
soldiers could do it.

494
00:16:23,600 --> 00:16:25,240
And they did it with with a great love

495
00:16:25,240 --> 00:16:26,680
in their heart and the pride and the and

496
00:16:26,680 --> 00:16:28,120
the duty that they hold in their heart

497
00:16:28,120 --> 00:16:29,760
and they swore on a sacred oath that

498
00:16:29,760 --> 00:16:32,040
they defend the Constitution against all

499
00:16:32,040 --> 00:16:33,400
enemies, foreign and domestic, and then

500
00:16:33,400 --> 00:16:34,920
they perform their duties to the best of

501
00:16:34,920 --> 00:16:36,560
their ability, so help them God, and by

502
00:16:36,560 --> 00:16:38,200
God, they do.

503
00:16:38,200 --> 00:16:39,520
Both in the service and out of the

504
00:16:39,520 --> 00:16:41,400
service, okay?

505
00:16:41,400 --> 00:16:43,160
We defend the Constitution to the death.

506
00:16:43,160 --> 00:16:45,960
We never surrender. We are soldiers

507
00:16:45,960 --> 00:16:47,240
above all.

508
00:16:47,240 --> 00:16:48,960
And we love our country and our flag and

509
00:16:48,960 --> 00:16:51,200
our Constitution. We are what the the

510
00:16:51,200 --> 00:16:52,960
term is under the

511
00:16:52,960 --> 00:16:54,520
the military code of conduct, I am an

512
00:16:54,520 --> 00:16:56,000
American fighting soldier. I serve the

513
00:16:56,000 --> 00:16:57,440
forces which guard my country and its

514
00:16:57,440 --> 00:16:58,720
constitutional way of government. I am

515
00:16:58,720 --> 00:17:00,520
prepared to give my life if necessary in

516
00:17:00,520 --> 00:17:02,280
defense of that Constitution, and that's

517
00:17:02,280 --> 00:17:04,640
exactly what we're going to do.

518
00:17:04,640 --> 00:17:06,439
So, I want you to pay attention. A lot

519
00:17:06,439 --> 00:17:08,120
of brave soldiers have died to pay for

520
00:17:08,120 --> 00:17:09,319
this book

521
00:17:09,319 --> 00:17:11,079
so that you could have the right. And

522
00:17:11,079 --> 00:17:12,480
the least you could do for your own

523
00:17:12,480 --> 00:17:14,680
self's sake is to learn what's in this

524
00:17:14,680 --> 00:17:16,520
book and be able to argue effectively

525
00:17:16,520 --> 00:17:18,680
what's in this book. You would be amazed

526
00:17:18,680 --> 00:17:21,240
how many times you can win if you just

527
00:17:21,240 --> 00:17:23,640
have this book and know what's in it.

528
00:17:23,640 --> 00:17:25,800
Okay? Now, that we get that by, we're

529
00:17:25,800 --> 00:17:27,199
going to go into some other arguments

530
00:17:27,199 --> 00:17:28,280
here. We're going to try and show you

531
00:17:28,280 --> 00:17:30,200
how to really effectively use this book,

532
00:17:30,200 --> 00:17:31,440
okay?

533
00:17:31,440 --> 00:17:34,760
Now that everybody's got that in hand.

534
00:17:34,760 --> 00:17:35,840
The next thing we're going to start

535
00:17:35,840 --> 00:17:37,160
teaching you is things like about the

536
00:17:37,160 --> 00:17:38,800
Second Amendment.

537
00:17:38,800 --> 00:17:39,960
The Second Amendment is one of the

538
00:17:39,960 --> 00:17:41,560
biggies that everybody talks about today

539
00:17:41,560 --> 00:17:42,640
and the one that gets railroaded

540
00:17:42,640 --> 00:17:44,640
probably the most. The next is the

541
00:17:44,640 --> 00:17:45,920
Fourth Amendment and the Fifth

542
00:17:45,920 --> 00:17:47,640
Amendment, okay? But the Second

543
00:17:47,640 --> 00:17:48,920
Amendment is one of the most vital

544
00:17:48,920 --> 00:17:50,600
amendments here because our forefathers

545
00:17:50,600 --> 00:17:52,920
had such an important understanding of

546
00:17:52,920 --> 00:17:54,520
life, liberty, and pursuit of happiness.

547
00:17:54,520 --> 00:17:56,640
That was the First Amendment. That they

548
00:17:56,640 --> 00:17:59,080
turned around and realized that without

549
00:17:59,080 --> 00:18:00,760
the right to protect that first right,

550
00:18:00,760 --> 00:18:02,160
they didn't have that right. So, the

551
00:18:02,160 --> 00:18:03,960
Second Amendment, they they instituted

552
00:18:03,960 --> 00:18:05,240
the right of the people to keep and

553
00:18:05,240 --> 00:18:07,440
carry arms and that right shall not be

554
00:18:07,440 --> 00:18:08,280
infringed.

555
00:18:08,280 --> 00:18:09,640
Now, they started out by saying a

556
00:18:09,640 --> 00:18:11,440
well-regulated militia being necessary

557
00:18:11,440 --> 00:18:13,600
for the maintenance of a free state.

558
00:18:13,600 --> 00:18:15,520
Okay?

559
00:18:15,520 --> 00:18:17,240
Isn't that a true statement, folks? A

560
00:18:17,240 --> 00:18:19,040
well-regulated militia is necessary for

561
00:18:19,040 --> 00:18:20,680
the security of a free state. That's

562
00:18:20,680 --> 00:18:22,240
just a true statement. So, is oranges

563
00:18:22,240 --> 00:18:23,480
are orange. That's why they call them

564
00:18:23,480 --> 00:18:26,040
oranges, okay? But that doesn't have any

565
00:18:26,040 --> 00:18:28,560
legal precedents in theory.

566
00:18:28,560 --> 00:18:29,920
The most important part about that

567
00:18:29,920 --> 00:18:31,440
Second Amendment is it says that the

568
00:18:31,440 --> 00:18:33,160
right of the people.

569
00:18:33,160 --> 00:18:34,440
And the Supreme Court has ruled in

570
00:18:34,440 --> 00:18:35,960
hundreds of cases that whenever it says

571
00:18:35,960 --> 00:18:37,800
the right of the people, it means the

572
00:18:37,800 --> 00:18:40,200
right each of every single citizen to

573
00:18:40,200 --> 00:18:42,240
possess the right equally.

574
00:18:42,240 --> 00:18:43,840
Now, a lot of guys like to hand out this

575
00:18:43,840 --> 00:18:46,640
manila that "Well, that's a collective

576
00:18:46,640 --> 00:18:47,760
right. You got to be a member of the

577
00:18:47,760 --> 00:18:49,720
militia." That's all who done. You don't

578
00:18:49,720 --> 00:18:51,320
have to be a member of the militia. You

579
00:18:51,320 --> 00:18:52,560
all you have to do is be an American.

580
00:18:52,560 --> 00:18:54,120
You have the right.

581
00:18:54,120 --> 00:18:56,440
The right to keep and carry arms and

582
00:18:56,440 --> 00:18:59,520
that right shall not be infringed. Now,

583
00:18:59,520 --> 00:19:01,080
you will note after infringed, there is

584
00:19:01,080 --> 00:19:04,880
no sub paragraph A, B, C, D, E, F, G

585
00:19:04,880 --> 00:19:07,400
which would stipulate as to what would

586
00:19:07,400 --> 00:19:11,080
be an acceptable infringement.

587
00:19:11,080 --> 00:19:13,840
So, all infringement is

588
00:19:13,840 --> 00:19:17,280
Now, who says so? You say so.

589
00:19:17,280 --> 00:19:18,680
Do you see that? Does everybody see

590
00:19:18,680 --> 00:19:21,360
that? You say so. Who are you? I'm an

591
00:19:21,360 --> 00:19:23,560
American.

592
00:19:23,560 --> 00:19:25,000
And I'm telling you you're infringing my

593
00:19:25,000 --> 00:19:27,000
rights. You're stealing my rights. I I I

594
00:19:27,000 --> 00:19:28,200
claim infringement. I claim

595
00:19:28,200 --> 00:19:29,760
encroachment. I claim impingement. I

596
00:19:29,760 --> 00:19:31,200
claim usurpation. I claim you're

597
00:19:31,200 --> 00:19:32,920
stealing my right.

598
00:19:32,920 --> 00:19:34,840
Cuz that's what they're doing.

599
00:19:34,840 --> 00:19:36,160
And I ask them what is it you don't

600
00:19:36,160 --> 00:19:37,560
understand about the word infringement

601
00:19:37,560 --> 00:19:38,960
cuz that's exactly what it says when you

602
00:19:38,960 --> 00:19:40,760
look in Black's Law Dictionary.

603
00:19:40,760 --> 00:19:44,270
That's another thing I want to bring up.

604
00:19:44,280 --> 00:19:45,760
When you want to talk to these people in

605
00:19:45,760 --> 00:19:47,720
court,

606
00:19:47,720 --> 00:19:48,920
you want to get a hold of one of these

607
00:19:48,920 --> 00:19:51,480
books, right here.

608
00:19:51,480 --> 00:19:53,600
It's called Black's Law Dictionary. You

609
00:19:53,600 --> 00:19:56,840
would be absolutely amazed

610
00:19:56,840 --> 00:20:01,550
what's in Black's Law Dictionary.

611
00:20:01,560 --> 00:20:04,720
This is the exact words.

612
00:20:04,720 --> 00:20:06,280
Excuse me a second, please, folks. This

613
00:20:06,280 --> 00:20:09,990
is the exact words

614
00:20:10,000 --> 00:20:11,480
that you need

615
00:20:11,480 --> 00:20:13,720
to be able to definitively

616
00:20:13,720 --> 00:20:16,040
define the word game problem that we are

617
00:20:16,040 --> 00:20:17,320
having with these people today. They

618
00:20:17,320 --> 00:20:19,680
like to keep changing the words.

619
00:20:19,680 --> 00:20:21,560
Well, guess what? The words in this book

620
00:20:21,560 --> 00:20:22,920
are the words that were written when we

621
00:20:22,920 --> 00:20:24,320
were in the Constitution when it was

622
00:20:24,320 --> 00:20:26,000
signed.

623
00:20:26,000 --> 00:20:27,360
And the definitions that are in this

624
00:20:27,360 --> 00:20:29,200
book are enforceable in a court of law.

625
00:20:29,200 --> 00:20:30,880
You can bring this book into court and

626
00:20:30,880 --> 00:20:32,520
pull it open and say, "This is the one,

627
00:20:32,520 --> 00:20:33,600
Judge."

628
00:20:33,600 --> 00:20:35,760
And they gots to listen.

629
00:20:35,760 --> 00:20:37,760
And that's the way it is.

630
00:20:37,760 --> 00:20:39,040
So, for sure, if you're going to be in

631
00:20:39,040 --> 00:20:40,160
this,

632
00:20:40,160 --> 00:20:42,160
go down to one of your bookstores, uh

633
00:20:42,160 --> 00:20:44,200
whichever you may have in your area,

634
00:20:44,200 --> 00:20:46,400
Barnes & Noble or

635
00:20:46,400 --> 00:20:47,800
any one of the

636
00:20:47,800 --> 00:20:50,200
dozens of decent bookstores,

637
00:20:50,200 --> 00:20:51,560
and get a copy of Black's Law

638
00:20:51,560 --> 00:20:53,400
Dictionary. You need that to be in this

639
00:20:53,400 --> 00:20:56,000
because this is kind of like uh

640
00:20:56,000 --> 00:20:58,560
defining the map of how to get from A to

641
00:20:58,560 --> 00:21:00,480
B. You have to have this book to be able

642
00:21:00,480 --> 00:21:01,680
to pull it out so that you can turn

643
00:21:01,680 --> 00:21:05,630
around and tell them, "Hey,

644
00:21:05,640 --> 00:21:07,360
don't trample my rights. I take a real

645
00:21:07,360 --> 00:21:09,440
dim view of that.

646
00:21:09,440 --> 00:21:10,720
Another good book you can pick up on the

647
00:21:10,720 --> 00:21:13,240
Constitution is this

648
00:21:13,240 --> 00:21:15,080
this American Constitution put out by

649
00:21:15,080 --> 00:21:18,360
West Publishing Company.

650
00:21:18,360 --> 00:21:22,040
This goes into a whole lot of

651
00:21:22,040 --> 00:21:23,720
widened arguments as to your

652
00:21:23,720 --> 00:21:25,200
Constitution. Now, after I'm finished

653
00:21:25,200 --> 00:21:26,160
talking to you, you're going to have a

654
00:21:26,160 --> 00:21:28,160
new concept of Constitution and how it

655
00:21:28,160 --> 00:21:29,240
works.

656
00:21:29,240 --> 00:21:30,400
You're going to understand that it's

657
00:21:30,400 --> 00:21:32,840
what you say it is.

658
00:21:32,840 --> 00:21:34,040
If you got an honest right, now I'll

659
00:21:34,040 --> 00:21:35,760
give you a perfect example.

660
00:21:35,760 --> 00:21:37,240
Now, the First Amendment basically talks

661
00:21:37,240 --> 00:21:38,320
about the right of life, liberty, and

662
00:21:38,320 --> 00:21:40,600
pursuit of happiness, right?

663
00:21:40,600 --> 00:21:41,880
But isn't the right to work part of

664
00:21:41,880 --> 00:21:43,280
right of life, liberty, and pursuit of

665
00:21:43,280 --> 00:21:45,000
happiness? You got a right to work,

666
00:21:45,000 --> 00:21:46,040
right?

667
00:21:46,040 --> 00:21:47,440
Contract your labor, your skill, and

668
00:21:47,440 --> 00:21:49,600
your time of life as you see fit, right?

669
00:21:49,600 --> 00:21:51,160
So, that makes sense to you? That's a

670
00:21:51,160 --> 00:21:53,000
First Amendment right. Another First

671
00:21:53,000 --> 00:21:54,160
Amendment right would be the right to

672
00:21:54,160 --> 00:21:57,400
travel freely and unencumbered.

673
00:21:57,400 --> 00:21:59,040
See, no state can require you to have a

674
00:21:59,040 --> 00:22:00,160
license to travel freely and

675
00:22:00,160 --> 00:22:01,480
unencumbered, and we'll go into that and

676
00:22:01,480 --> 00:22:04,600
show you how that is is taken care of,

677
00:22:04,600 --> 00:22:06,160
okay?

678
00:22:06,160 --> 00:22:08,520
The bottom line is you need to learn as

679
00:22:08,520 --> 00:22:10,880
much as you absolutely possibly can in

680
00:22:10,880 --> 00:22:12,320
the shortest possible time about your

681
00:22:12,320 --> 00:22:13,720
Constitution because I'm telling you

682
00:22:13,720 --> 00:22:16,040
right now, as we speak, they are trying

683
00:22:16,040 --> 00:22:17,760
to curtail that Constitution and take

684
00:22:17,760 --> 00:22:19,440
away rights that you have that have been

685
00:22:19,440 --> 00:22:21,360
given to you from your forefathers.

686
00:22:21,360 --> 00:22:22,520
There's only one thing that's going to

687
00:22:22,520 --> 00:22:24,480
stop that. Well, maybe two. There's two

688
00:22:24,480 --> 00:22:25,720
things. The first thing that's going to

689
00:22:25,720 --> 00:22:28,200
stop that, if all of us get together,

690
00:22:28,200 --> 00:22:29,520
get a hold of one of these books, and

691
00:22:29,520 --> 00:22:31,040
start shaking it, and say, "Whoa,

692
00:22:31,040 --> 00:22:32,400
horsey, we're not going to let you take

693
00:22:32,400 --> 00:22:36,190
away that Constitution."

694
00:22:36,200 --> 00:22:38,200
This is America. We got an American flag

695
00:22:38,200 --> 00:22:40,040
on a pole out front.

696
00:22:40,040 --> 00:22:41,400
Last time I checked, this is United

697
00:22:41,400 --> 00:22:42,960
States of America. We got a Constitution

698
00:22:42,960 --> 00:22:43,880
here, and you ain't touching that

699
00:22:43,880 --> 00:22:45,600
Constitution.

700
00:22:45,600 --> 00:22:47,320
So, you call up that Bill McCollum in

701
00:22:47,320 --> 00:22:48,840
Washington, and you tell him, he's the

702
00:22:48,840 --> 00:22:50,960
guy that sponsored that 666 bill to take

703
00:22:50,960 --> 00:22:52,680
away the Fourth Amendment right to to

704
00:22:52,680 --> 00:22:54,680
have a search warrant.

705
00:22:54,680 --> 00:22:55,760
You get a hold of him, and I'll give you

706
00:22:55,760 --> 00:22:58,640
his number later on in the speech here.

707
00:22:58,640 --> 00:23:00,120
And you call that joker up, and you say,

708
00:23:00,120 --> 00:23:01,360
"Sir, what is it you don't understand

709
00:23:01,360 --> 00:23:02,880
about your oath of office? kind of like

710
00:23:02,880 --> 00:23:04,240
you to leave the Constitution alone. As

711
00:23:04,240 --> 00:23:05,400
a matter of fact, we'd like you to make

712
00:23:05,400 --> 00:23:07,080
it stronger than it is, not take nothing

713
00:23:07,080 --> 00:23:10,080
away from it. Period."

714
00:23:10,080 --> 00:23:12,400
And we resent the hell out of you taking

715
00:23:12,400 --> 00:23:13,600
an oath of office to protect the

716
00:23:13,600 --> 00:23:15,000
Constitution,

717
00:23:15,000 --> 00:23:16,360
and we put you in office, and the first

718
00:23:16,360 --> 00:23:17,440
thing you do when you get in there is

719
00:23:17,440 --> 00:23:19,120
try and scuttle the Constitution and

720
00:23:19,120 --> 00:23:20,240
flush it down the toilet. We're not

721
00:23:20,240 --> 00:23:21,680
going to put up with that stuff. We want

722
00:23:21,680 --> 00:23:25,030
you to understand that real clearly.

723
00:23:25,040 --> 00:23:26,840
The second way we can do it is if

724
00:23:26,840 --> 00:23:28,680
necessary and proper our militias can

725
00:23:28,680 --> 00:23:30,560
come together and decide to choke these

726
00:23:30,560 --> 00:23:32,600
people that are giving aid and comfort

727
00:23:32,600 --> 00:23:33,800
to the enemies of our country by

728
00:23:33,800 --> 00:23:35,080
breaking down our laws that you have

729
00:23:35,080 --> 00:23:37,280
broken the law of Title 18, United

730
00:23:37,280 --> 00:23:39,360
States Code Section 2381, which says

731
00:23:39,360 --> 00:23:40,760
that in the presence of two witnesses to

732
00:23:40,760 --> 00:23:42,160
the same overt act or in an open court

733
00:23:42,160 --> 00:23:43,960
of law, if you fail to timely move to

734
00:23:43,960 --> 00:23:45,160
protect and defend the Constitution of

735
00:23:45,160 --> 00:23:46,440
the United States and honor your oath of

736
00:23:46,440 --> 00:23:47,400
office,

737
00:23:47,400 --> 00:23:48,840
you are subject to the charge of capital

738
00:23:48,840 --> 00:23:50,360
felony treason, and upon conviction you

739
00:23:50,360 --> 00:23:51,480
will be taken by the posse to the

740
00:23:51,480 --> 00:23:53,200
nearest busy intersection at high noon

741
00:23:53,200 --> 00:23:55,120
hung by the neck until dead. The body to

742
00:23:55,120 --> 00:23:57,240
remain in state until dusk as an example

743
00:23:57,240 --> 00:23:58,440
to anyone who take their oath of office

744
00:23:58,440 --> 00:24:00,280
lightly. You see, without that oath of

745
00:24:00,280 --> 00:24:03,520
office, this Constitution is worthless.

746
00:24:03,520 --> 00:24:04,960
That's why we have you take that oath of

747
00:24:04,960 --> 00:24:06,400
office so that we know you will honor

748
00:24:06,400 --> 00:24:08,240
this oath of office and that you will

749
00:24:08,240 --> 00:24:09,640
keep our Constitution. We don't want

750
00:24:09,640 --> 00:24:11,200
anybody taking our Constitution away.

751
00:24:11,200 --> 00:24:12,360
And we're here to tell you right now,

752
00:24:12,360 --> 00:24:14,080
don't do it.

753
00:24:14,080 --> 00:24:15,840
We'll take a dim view of it.

754
00:24:15,840 --> 00:24:18,480
We probably will charge you.

755
00:24:18,480 --> 00:24:20,600
And we're not fooling around.

756
00:24:20,600 --> 00:24:21,640
Okay?

757
00:24:21,640 --> 00:24:23,000
Now, let's get into some other things in

758
00:24:23,000 --> 00:24:27,950
the Constitution.

759
00:24:27,960 --> 00:24:30,000
The bottom line here is

760
00:24:30,000 --> 00:24:31,840
you have to know

761
00:24:31,840 --> 00:24:33,040
to be able to exercise your

762
00:24:33,040 --> 00:24:35,200
Constitution. The most important parts

763
00:24:35,200 --> 00:24:36,600
about your Constitution are in your

764
00:24:36,600 --> 00:24:39,120
first 10 amendments, okay?

765
00:24:39,120 --> 00:24:41,720
Obviously, the right of the people

766
00:24:41,720 --> 00:24:43,400
to keep and carry arms shall not be

767
00:24:43,400 --> 00:24:45,000
infringed.

768
00:24:45,000 --> 00:24:48,080
And that right shall not be infringed.

769
00:24:48,080 --> 00:24:49,960
You must claim your right if you want to

770
00:24:49,960 --> 00:24:51,680
have it.

771
00:24:51,680 --> 00:24:53,560
You have to be willing to do that. And

772
00:24:53,560 --> 00:24:55,480
if they are going to take your right,

773
00:24:55,480 --> 00:24:56,920
then you have to be willing to challenge

774
00:24:56,920 --> 00:24:59,400
them whatever it costs. Now,

775
00:24:59,400 --> 00:25:01,360
the bottom line is any law that comes in

776
00:25:01,360 --> 00:25:02,760
conflict with that, what do we talk

777
00:25:02,760 --> 00:25:05,000
about in Article 6 paragraph 2?

778
00:25:05,000 --> 00:25:06,960
If any law shall come in conflict with

779
00:25:06,960 --> 00:25:09,680
this, the supreme law, what happens?

780
00:25:09,680 --> 00:25:11,280
It's null and void of law. It bears no

781
00:25:11,280 --> 00:25:13,440
power to enforce, no obligation to obey,

782
00:25:13,440 --> 00:25:14,800
purports to settle as if it never

783
00:25:14,800 --> 00:25:16,640
existed. Unconstitutionality dates from

784
00:25:16,640 --> 00:25:17,920
the enactment of such a law, not from

785
00:25:17,920 --> 00:25:19,920
any date so brand new in a court of law.

786
00:25:19,920 --> 00:25:21,080
So, what happened to the Brady Bill,

787
00:25:21,080 --> 00:25:24,560
folks? Canceled due to lack of interest.

788
00:25:24,560 --> 00:25:26,200
Okay?

789
00:25:26,200 --> 00:25:27,520
What happened to the crime bill with the

790
00:25:27,520 --> 00:25:29,040
gun infringements?

791
00:25:29,040 --> 00:25:30,560
If any portion of the bill be

792
00:25:30,560 --> 00:25:32,160
unconstitutional, the whole bill is

793
00:25:32,160 --> 00:25:34,800
unconstitutional.

794
00:25:34,800 --> 00:25:38,040
Cuz why? Repugnancy. Okay?

795
00:25:38,040 --> 00:25:39,360
It's repugnant to the United States

796
00:25:39,360 --> 00:25:40,840
Constitution. It's null and void of law.

797
00:25:40,840 --> 00:25:42,080
It bears no power to enforce, no

798
00:25:42,080 --> 00:25:43,520
obligation to obey, purports to settle

799
00:25:43,520 --> 00:25:44,840
as if it never existed. Which case said

800
00:25:44,840 --> 00:25:45,640
so?

801
00:25:45,640 --> 00:25:50,240
Marbury versus Madison, 5 US 137, 1803.

802
00:25:50,240 --> 00:25:53,120
That's how important that case is.

803
00:25:53,120 --> 00:25:54,040
That's why you got to go down to your

804
00:25:54,040 --> 00:25:56,240
law library and read.

805
00:25:56,240 --> 00:25:57,040
Okay?

806
00:25:57,040 --> 00:25:58,960
So, Marbury versus Madison is extremely

807
00:25:58,960 --> 00:26:00,080
important. It's important that you

808
00:26:00,080 --> 00:26:01,560
should be able to read the case,

809
00:26:01,560 --> 00:26:03,800
understand what they're talking about.

810
00:26:03,800 --> 00:26:06,510
Now,

811
00:26:06,520 --> 00:26:08,360
other cases that are involved are your

812
00:26:08,360 --> 00:26:10,360
rights to due process, like under your

813
00:26:10,360 --> 00:26:12,160
fourth and fifth and sixth amendments,

814
00:26:12,160 --> 00:26:13,960
right? The right of the people to be

815
00:26:13,960 --> 00:26:16,880
secure in their houses,

816
00:26:16,880 --> 00:26:18,320
the right of the people to be secure in

817
00:26:18,320 --> 00:26:19,840
their person, houses, papers, and

818
00:26:19,840 --> 00:26:21,560
effects against unreasonable searches

819
00:26:21,560 --> 00:26:24,720
and seizures shall not be violated, and

820
00:26:24,720 --> 00:26:26,360
no warrant shall issue, but upon

821
00:26:26,360 --> 00:26:27,960
probable cause, supported by oath or

822
00:26:27,960 --> 00:26:29,920
affirmation, and particularly describing

823
00:26:29,920 --> 00:26:31,520
the place to be searched and the person

824
00:26:31,520 --> 00:26:33,120
or things to be seized. And obviously,

825
00:26:33,120 --> 00:26:34,120
that one

826
00:26:34,120 --> 00:26:35,640
imply

827
00:26:35,640 --> 00:26:37,480
That would imply

828
00:26:37,480 --> 00:26:39,240
That would imply that

829
00:26:39,240 --> 00:26:41,000
he'd gone before a judge and said, "This

830
00:26:41,000 --> 00:26:42,920
is the guy. He did it. This is the crime

831
00:26:42,920 --> 00:26:45,000
that was done. And this is the evidence

832
00:26:45,000 --> 00:26:46,400
we're looking for, judge, and we'd like

833
00:26:46,400 --> 00:26:47,720
to get a warrant, and we're swearing on

834
00:26:47,720 --> 00:26:48,960
everything we told you is the God's

835
00:26:48,960 --> 00:26:49,960
truth." And then they can come over and

836
00:26:49,960 --> 00:26:51,800
they can search till hell freezes over.

837
00:26:51,800 --> 00:26:53,760
okay?

838
00:26:53,760 --> 00:26:55,280
Does that sound logical to you? Now,

839
00:26:55,280 --> 00:26:57,440
that's what Bill 666 is trying to throw

840
00:26:57,440 --> 00:26:59,120
out. They don't want you to have that

841
00:26:59,120 --> 00:27:01,000
right anymore. Now, it's important for

842
00:27:01,000 --> 00:27:02,360
you to immediately jump to the 9th

843
00:27:02,360 --> 00:27:03,600
Amendment.

844
00:27:03,600 --> 00:27:05,240
What does the 9th Amendment say?

845
00:27:05,240 --> 00:27:06,880
"Enumeration in this Constitution of

846
00:27:06,880 --> 00:27:08,560
certain rights shall not be construed to

847
00:27:08,560 --> 00:27:10,400
deny or disparage others retained by the

848
00:27:10,400 --> 00:27:11,960
people." Now, basically what that means

849
00:27:11,960 --> 00:27:13,720
in simplest of terms,

850
00:27:13,720 --> 00:27:16,080
Congress has no authority to add on to

851
00:27:16,080 --> 00:27:18,760
the Constitution in such a way that

852
00:27:18,760 --> 00:27:20,000
would take away rights previously

853
00:27:20,000 --> 00:27:22,080
guaranteed. What seems to be Mr.

854
00:27:22,080 --> 00:27:24,160
McCollum's problem? Does he not read the

855
00:27:24,160 --> 00:27:26,920
King's English?

856
00:27:26,920 --> 00:27:29,390
Excuse me.

857
00:27:29,400 --> 00:27:32,400
Simply spoken, he has no authority to

858
00:27:32,400 --> 00:27:35,240
pass this 666 bill. The Congress had no

859
00:27:35,240 --> 00:27:38,760
authority to pass this Brady bill.

860
00:27:38,760 --> 00:27:40,520
They had no authority to pass this crime

861
00:27:40,520 --> 00:27:42,320
bill because it clearly infringed on the

862
00:27:42,320 --> 00:27:43,800
United States Constitution. I don't care

863
00:27:43,800 --> 00:27:45,800
how noble the issue it was,

864
00:27:45,800 --> 00:27:48,280
I don't care how learned they people

865
00:27:48,280 --> 00:27:50,200
claim to be,

866
00:27:50,200 --> 00:27:52,520
they weren't learned enough.

867
00:27:52,520 --> 00:27:53,720
Because if they were learned, they would

868
00:27:53,720 --> 00:27:55,760
have understood the 9th Amendment

869
00:27:55,760 --> 00:27:57,760
forbids adding on to the Constitution by

870
00:27:57,760 --> 00:27:59,480
any laws whatsoever that takes away

871
00:27:59,480 --> 00:28:01,120
rights that are previously guaranteed.

872
00:28:01,120 --> 00:28:05,830
Excuse me.

873
00:28:05,840 --> 00:28:07,240
Now,

874
00:28:07,240 --> 00:28:08,720
let's go on. Let's hit the 10th

875
00:28:08,720 --> 00:28:11,160
Amendment.

876
00:28:11,160 --> 00:28:13,520
"The powers not delegated to the United

877
00:28:13,520 --> 00:28:15,000
States." What is that What are they

878
00:28:15,000 --> 00:28:16,920
talking about here? "The powers not

879
00:28:16,920 --> 00:28:19,120
delegated to the United States

880
00:28:19,120 --> 00:28:21,440
by the Constitution,

881
00:28:21,440 --> 00:28:24,240
nor prohibited by it

882
00:28:24,240 --> 00:28:26,360
to the states,

883
00:28:26,360 --> 00:28:28,280
are reserved to the states respectively

884
00:28:28,280 --> 00:28:30,320
or to the people."

885
00:28:30,320 --> 00:28:33,000
See, this is a limited contract.

886
00:28:33,000 --> 00:28:35,480
This contract is designed to limit

887
00:28:35,480 --> 00:28:37,480
government.

888
00:28:37,480 --> 00:28:38,760
And when you get into your police

889
00:28:38,760 --> 00:28:40,280
powers, you start understanding your

890
00:28:40,280 --> 00:28:41,800
police powers. Almost you'll hear this

891
00:28:41,800 --> 00:28:43,920
all the time. "Well, we have police

892
00:28:43,920 --> 00:28:46,280
powers, broad and sweeping police

893
00:28:46,280 --> 00:28:47,600
powers." You look up Black's Law

894
00:28:47,600 --> 00:28:49,040
Dictionary and police powers, it says

895
00:28:49,040 --> 00:28:50,400
the law of eminent domain of a state or

896
00:28:50,400 --> 00:28:51,920
political subdivision who can enact laws

897
00:28:51,920 --> 00:28:53,000
for the common good and welfare and to

898
00:28:53,000 --> 00:28:54,800
curb crime, and in great big black

899
00:28:54,800 --> 00:28:56,400
letters it says within constitutional

900
00:28:56,400 --> 00:28:57,800
limitations. See the 10th Amendment.

901
00:28:57,800 --> 00:28:58,760
Well, when they're talking about see the

902
00:28:58,760 --> 00:28:59,840
10th Amendment, this is the 10th

903
00:28:59,840 --> 00:29:01,880
Amendment they're talking about.

904
00:29:01,880 --> 00:29:05,080
Now, do they have powers to take away

905
00:29:05,080 --> 00:29:06,520
previous rights guaranteed under the

906
00:29:06,520 --> 00:29:08,240
Constitution? The answer is obviously

907
00:29:08,240 --> 00:29:09,840
no, they don't.

908
00:29:09,840 --> 00:29:11,400
Obviously, the Ninth Amendment sets a

909
00:29:11,400 --> 00:29:13,280
clear limit on that.

910
00:29:13,280 --> 00:29:14,760
What is it these guys don't understand

911
00:29:14,760 --> 00:29:16,680
about the Constitution?

912
00:29:16,680 --> 00:29:18,280
They pass these Brady bills, they pass

913
00:29:18,280 --> 00:29:20,360
these crime bills, they pass these 666

914
00:29:20,360 --> 00:29:21,760
bills to take away your Fourth Amendment

915
00:29:21,760 --> 00:29:24,440
right requiring a search warrant. What

916
00:29:24,440 --> 00:29:26,200
is it that they don't understand about

917
00:29:26,200 --> 00:29:27,520
the locks on the Constitution? Now, do

918
00:29:27,520 --> 00:29:29,560
you see how wise our forefathers were?

919
00:29:29,560 --> 00:29:30,960
They knew

920
00:29:30,960 --> 00:29:34,160
They knew history, and they knew that

921
00:29:34,160 --> 00:29:37,840
history repeats itself if people forget.

922
00:29:37,840 --> 00:29:39,640
So, what they did is they set a standard

923
00:29:39,640 --> 00:29:41,240
very importantly

924
00:29:41,240 --> 00:29:43,240
toward the end of the contract that

925
00:29:43,240 --> 00:29:46,480
clearly stipulated exactly

926
00:29:46,480 --> 00:29:48,880
what limits would be there.

927
00:29:48,880 --> 00:29:50,480
You see?

928
00:29:50,480 --> 00:29:53,160
And it clearly stipulated that no powers

929
00:29:53,160 --> 00:29:55,000
existed to take away rights that were

930
00:29:55,000 --> 00:29:57,000
previously guaranteed. So, how therefore

931
00:29:57,000 --> 00:29:59,240
is this being done?

932
00:29:59,240 --> 00:30:00,680
I'll tell you how it's being done. Cuz

933
00:30:00,680 --> 00:30:03,320
they wants to.

934
00:30:03,320 --> 00:30:05,560
And they're not doing it my law.

935
00:30:05,560 --> 00:30:06,840
Now, why are they getting away with it?

936
00:30:06,840 --> 00:30:08,240
Cuz most of the people don't know any

937
00:30:08,240 --> 00:30:09,840
better. And if you don't know your

938
00:30:09,840 --> 00:30:11,520
rights and you don't timely assert them,

939
00:30:11,520 --> 00:30:13,240
latches incurs.

940
00:30:13,240 --> 00:30:14,920
Latches being a species of action where

941
00:30:14,920 --> 00:30:16,320
the party of reason, with intelligence

942
00:30:16,320 --> 00:30:17,840
and integrity having a right to take an

943
00:30:17,840 --> 00:30:19,880
action as is prescribed by law, and

944
00:30:19,880 --> 00:30:22,720
having failed to timely do so, loses all

945
00:30:22,720 --> 00:30:24,960
right to proceed. So, by you

946
00:30:24,960 --> 00:30:26,520
acquiescing, by not jumping up and

947
00:30:26,520 --> 00:30:28,880
saying, "Hey,

948
00:30:28,880 --> 00:30:30,560
hold the line, Chester. You ain't

949
00:30:30,560 --> 00:30:31,880
touching that Fourth Amendment. You

950
00:30:31,880 --> 00:30:35,400
aren't touching that Second Amendment.

951
00:30:35,400 --> 00:30:36,800
We're not putting up with that stuff.

952
00:30:36,800 --> 00:30:38,000
You took an oath of office, we're going

953
00:30:38,000 --> 00:30:39,320
to hold you to it. If you violate that

954
00:30:39,320 --> 00:30:40,400
oath of office, we're going to charge

955
00:30:40,400 --> 00:30:41,760
you with capital felony treason under

956
00:30:41,760 --> 00:30:43,320
Title 18, United States Code, Section

957
00:30:43,320 --> 00:30:46,120
2381. What difference does it make if

958
00:30:46,120 --> 00:30:47,760
they're in open rebellion against the

959
00:30:47,760 --> 00:30:49,240
United States or if they're breaking

960
00:30:49,240 --> 00:30:51,360
down the laws creating a rebellion?

961
00:30:51,360 --> 00:30:52,920
Isn't that giving aid and comfort to the

962
00:30:52,920 --> 00:30:54,480
enemies of our country? It most

963
00:30:54,480 --> 00:30:57,200
certainly is, and it's called sedition,

964
00:30:57,200 --> 00:30:59,480
treason by sedition.

965
00:30:59,480 --> 00:31:00,920
Okay?

966
00:31:00,920 --> 00:31:02,360
Now, we got to start countering these

967
00:31:02,360 --> 00:31:05,160
guys and telling them, "Hey, what is it

968
00:31:05,160 --> 00:31:06,320
you don't understand about the

969
00:31:06,320 --> 00:31:07,880
Constitution and your oath of office?

970
00:31:07,880 --> 00:31:09,400
We're going to clearly correct that in

971
00:31:09,400 --> 00:31:10,680
the short order. And if you don't want

972
00:31:10,680 --> 00:31:15,110
to fix it, we will remove you."

973
00:31:15,120 --> 00:31:16,400
And that's our duty and our

974
00:31:16,400 --> 00:31:18,480
responsibility. Now, when Benjamin

975
00:31:18,480 --> 00:31:19,800
Franklin walked out of all of the

976
00:31:19,800 --> 00:31:22,160
hearings to set up this Constitution, a

977
00:31:22,160 --> 00:31:24,000
lady reporter walked up to him and asked

978
00:31:24,000 --> 00:31:24,800
him,

979
00:31:24,800 --> 00:31:27,920
"What is it we have now?"

980
00:31:27,920 --> 00:31:29,800
And he turned to her and told her, "We

981
00:31:29,800 --> 00:31:31,320
have a republic,

982
00:31:31,320 --> 00:31:33,840
if we can keep it."

983
00:31:33,840 --> 00:31:35,560
Obviously, the burden is on us to make

984
00:31:35,560 --> 00:31:37,360
sure we keep it.

985
00:31:37,360 --> 00:31:38,840
So, I'm asking you to get a hold of one

986
00:31:38,840 --> 00:31:40,440
of these Constitutions, and let's plan

987
00:31:40,440 --> 00:31:41,840
on keeping it.

988
00:31:41,840 --> 00:31:43,200
All right. Now, let's get into some more

989
00:31:43,200 --> 00:31:46,040
of the arguments on the Constitution.

990
00:31:46,040 --> 00:31:48,160
Your Fifth Amendment. Let's pull up your

991
00:31:48,160 --> 00:31:50,680
Fifth Amendment. No person shall be held

992
00:31:50,680 --> 00:31:52,520
to answer for a capital or otherwise

993
00:31:52,520 --> 00:31:54,240
infamous crime unless on a presentment

994
00:31:54,240 --> 00:31:56,400
or indictment of a grand jury except in

995
00:31:56,400 --> 00:31:58,040
cases arising in the land or naval

996
00:31:58,040 --> 00:32:00,640
forces or in the militia when in actual

997
00:32:00,640 --> 00:32:03,000
service in time of war

998
00:32:03,000 --> 00:32:05,640
or public danger, nor shall any person

999
00:32:05,640 --> 00:32:07,560
be subject to the same offense be twice

1000
00:32:07,560 --> 00:32:08,840
put in jeopardy. That's the double

1001
00:32:08,840 --> 00:32:10,560
jeopardy statute.

1002
00:32:10,560 --> 00:32:12,720
of life or limb, nor shall be compelled

1003
00:32:12,720 --> 00:32:15,160
in any crime criminal case to be a

1004
00:32:15,160 --> 00:32:16,520
witness against himself. That's the

1005
00:32:16,520 --> 00:32:18,680
self-incrimination defense. Nor be

1006
00:32:18,680 --> 00:32:20,400
deprived of life, liberty, or property

1007
00:32:20,400 --> 00:32:21,880
without due process of law. That's your

1008
00:32:21,880 --> 00:32:24,720
equal protection clause.

1009
00:32:24,720 --> 00:32:26,560
You have an equal right to all the all

1010
00:32:26,560 --> 00:32:28,120
of your rights under the law, and you

1011
00:32:28,120 --> 00:32:29,560
have a right to due process of law.

1012
00:32:29,560 --> 00:32:30,640
Matter of fact, if they don't give you

1013
00:32:30,640 --> 00:32:32,280
due process of law, Title 5, United

1014
00:32:32,280 --> 00:32:34,800
States Code, Section 556D

1015
00:32:34,800 --> 00:32:36,320
is clear and specific, and it says if

1016
00:32:36,320 --> 00:32:37,960
they deny you due process of the law,

1017
00:32:37,960 --> 00:32:41,000
all jurisdiction ceases automatically.

1018
00:32:41,000 --> 00:32:42,960
That's That's Title 5 United States Code

1019
00:32:42,960 --> 00:32:44,960
Section 556D,

1020
00:32:44,960 --> 00:32:48,240
also 557 and Section 706 of that code.

1021
00:32:48,240 --> 00:32:49,480
In other words, if they deny you due

1022
00:32:49,480 --> 00:32:51,080
process at any time and you can prove

1023
00:32:51,080 --> 00:32:51,880
it,

1024
00:32:51,880 --> 00:32:53,840
you can you can force a showdown and you

1025
00:32:53,840 --> 00:32:54,960
can turn around and say, "Well, they

1026
00:32:54,960 --> 00:32:56,520
might have had jurisdiction at one time,

1027
00:32:56,520 --> 00:32:58,040
Judge, but they lost it when they denied

1028
00:32:58,040 --> 00:32:59,880
me due process."

1029
00:32:59,880 --> 00:33:02,680
All right? Now,

1030
00:33:02,680 --> 00:33:04,360
the other parts are you cannot deny them

1031
00:33:04,360 --> 00:33:05,480
life, liberty, or property without due

1032
00:33:05,480 --> 00:33:07,040
process of law, nor shall private

1033
00:33:07,040 --> 00:33:09,080
property be taken for public use without

1034
00:33:09,080 --> 00:33:10,680
just compensation. You know, how many

1035
00:33:10,680 --> 00:33:12,440
times do you hear about that today? I

1036
00:33:12,440 --> 00:33:14,880
mean, it's incredible.

1037
00:33:14,880 --> 00:33:16,800
The Sixth Amendment is another important

1038
00:33:16,800 --> 00:33:17,960
one. All of them are important, but

1039
00:33:17,960 --> 00:33:19,200
there are more important ones, all

1040
00:33:19,200 --> 00:33:21,400
right? In all criminal prosecutions, the

1041
00:33:21,400 --> 00:33:23,040
accused shall enjoy the right to a

1042
00:33:23,040 --> 00:33:25,560
speedy and public trial by an impartial

1043
00:33:25,560 --> 00:33:27,640
jury of the state and district wherein

1044
00:33:27,640 --> 00:33:29,640
the crime shall have been committed,

1045
00:33:29,640 --> 00:33:30,920
which district shall have been

1046
00:33:30,920 --> 00:33:34,040
previously ascertained by law, and to be

1047
00:33:34,040 --> 00:33:36,160
informed of the nature and the cause of

1048
00:33:36,160 --> 00:33:38,040
the action and accusation, to be

1049
00:33:38,040 --> 00:33:40,080
confronted with the witnesses against

1050
00:33:40,080 --> 00:33:41,680
him. That's the right to confront your

1051
00:33:41,680 --> 00:33:42,800
accusers.

1052
00:33:42,800 --> 00:33:44,600
To have compulsory process for obtaining

1053
00:33:44,600 --> 00:33:46,000
witnesses in your favor. That's the

1054
00:33:46,000 --> 00:33:48,080
subpoena rights. And to have the

1055
00:33:48,080 --> 00:33:49,920
assistance of counsel for your defense,

1056
00:33:49,920 --> 00:33:52,200
or you can stand as your own counsel.

1057
00:33:52,200 --> 00:33:53,280
And I know they tell you that it's a

1058
00:33:53,280 --> 00:33:54,800
fool that stands as his own counsel, but

1059
00:33:54,800 --> 00:33:56,200
it's my argument that it's a fool that

1060
00:33:56,200 --> 00:33:57,520
doesn't.

1061
00:33:57,520 --> 00:33:59,120
Because I'll tell you why. You know your

1062
00:33:59,120 --> 00:34:00,400
case better than you better than

1063
00:34:00,400 --> 00:34:01,480
anybody.

1064
00:34:01,480 --> 00:34:02,920
How many times do you hear about gripes

1065
00:34:02,920 --> 00:34:05,120
between attorneys and the citizens? The

1066
00:34:05,120 --> 00:34:06,480
biggest gripe they have is, "Well, he

1067
00:34:06,480 --> 00:34:07,920
never said nothing about that." Or she

1068
00:34:07,920 --> 00:34:09,800
never said nothing about that. Well, she

1069
00:34:09,800 --> 00:34:11,320
didn't do this or she didn't do that.

1070
00:34:11,320 --> 00:34:13,159
Well, why? Because they don't know the

1071
00:34:13,159 --> 00:34:14,720
case as good as you do. You're the one

1072
00:34:14,720 --> 00:34:16,480
that knows your best case. The only

1073
00:34:16,480 --> 00:34:18,240
thing they know is how to apply the law.

1074
00:34:18,240 --> 00:34:19,639
So, all I've been telling you is learn

1075
00:34:19,639 --> 00:34:20,639
how to apply the law and your

1076
00:34:20,639 --> 00:34:21,760
constitutional rights, and then you

1077
00:34:21,760 --> 00:34:24,280
don't need to do that.

1078
00:34:24,280 --> 00:34:25,760
The only time you get into trouble is if

1079
00:34:25,760 --> 00:34:27,120
you run your mouth too much and you get

1080
00:34:27,120 --> 00:34:28,879
into self-incrimination.

1081
00:34:28,879 --> 00:34:30,320
So, obviously, you have to keep your

1082
00:34:30,320 --> 00:34:32,720
wits about you and watch your mouth.

1083
00:34:32,720 --> 00:34:34,280
But the bottom line is actually I

1084
00:34:34,280 --> 00:34:35,600
personally believe you're the best

1085
00:34:35,600 --> 00:34:36,679
person

1086
00:34:36,679 --> 00:34:39,520
to present the facts of your case cuz

1087
00:34:39,520 --> 00:34:41,040
you're the best person that knows all

1088
00:34:41,040 --> 00:34:42,440
the facts.

1089
00:34:42,440 --> 00:34:43,840
The only thing you knew how know how to

1090
00:34:43,840 --> 00:34:47,280
do is how to actually do it in a legal

1091
00:34:47,280 --> 00:34:49,320
and lawful manner that is recognized by

1092
00:34:49,320 --> 00:34:50,800
the legal community and that's really

1093
00:34:50,800 --> 00:34:52,720
not hard to learn. I can teach you,

1094
00:34:52,720 --> 00:34:54,360
believe me.

1095
00:34:54,360 --> 00:34:56,560
All right, the Seventh Amendment.

1096
00:34:56,560 --> 00:34:58,280
In suits at the common law where the

1097
00:34:58,280 --> 00:35:00,640
value in controversy shall exceed $20,

1098
00:35:00,640 --> 00:35:02,520
the right of trial by jury shall be

1099
00:35:02,520 --> 00:35:04,360
preserved. It's supposed to say shall

1100
00:35:04,360 --> 00:35:06,760
remain. And no fact tried by a jury

1101
00:35:06,760 --> 00:35:08,440
shall be otherwise re-examined in any

1102
00:35:08,440 --> 00:35:10,160
court of the United States because the

1103
00:35:10,160 --> 00:35:12,560
jury is the ultimate trier of fact

1104
00:35:12,560 --> 00:35:13,960
then according to the rules of the

1105
00:35:13,960 --> 00:35:16,480
common law. Mhm.

1106
00:35:16,480 --> 00:35:17,920
Now, we'll get into that common law

1107
00:35:17,920 --> 00:35:19,000
argument. There's a lot of heavy

1108
00:35:19,000 --> 00:35:20,760
arguments around that common law.

1109
00:35:20,760 --> 00:35:22,400
Basically, I don't want to overwhelm you

1110
00:35:22,400 --> 00:35:25,120
on the first time out of the shoot

1111
00:35:25,120 --> 00:35:28,600
because that's not hard to do, okay?

1112
00:35:28,600 --> 00:35:30,360
Now, the bottom law line of this

1113
00:35:30,360 --> 00:35:33,920
Constitution is it's all in writing.

1114
00:35:33,920 --> 00:35:36,760
It clearly represents a contract.

1115
00:35:36,760 --> 00:35:39,040
I'm asking you to learn your contract.

1116
00:35:39,040 --> 00:35:41,760
I'm asking you to learn the book.

1117
00:35:41,760 --> 00:35:43,400
Learn your contract. I mean, when you go

1118
00:35:43,400 --> 00:35:45,640
to some place to do some work on your

1119
00:35:45,640 --> 00:35:47,520
car, you read the document that comes

1120
00:35:47,520 --> 00:35:49,080
with it for the warranty, don't you?

1121
00:35:49,080 --> 00:35:50,800
Why? Cuz just in case something goes

1122
00:35:50,800 --> 00:35:52,320
wrong, you want to be able to

1123
00:35:52,320 --> 00:35:54,160
bring it back, right?

1124
00:35:54,160 --> 00:35:55,360
Well, I'm asking you to read the

1125
00:35:55,360 --> 00:35:57,400
warranty on your Constitution so that

1126
00:35:57,400 --> 00:35:59,000
you can understand the rights that you

1127
00:35:59,000 --> 00:36:01,280
have under that Constitution.

1128
00:36:01,280 --> 00:36:02,640
So that if you don't get it right, we

1129
00:36:02,640 --> 00:36:04,680
can bring it back. Does that make sense

1130
00:36:04,680 --> 00:36:07,480
to you? All right. Now, it's also

1131
00:36:07,480 --> 00:36:10,960
important that you understand

1132
00:36:10,960 --> 00:36:13,080
this Constitution is a very unique

1133
00:36:13,080 --> 00:36:15,440
document

1134
00:36:15,440 --> 00:36:17,280
and that this Constitution is supposed

1135
00:36:17,280 --> 00:36:19,200
to be enforced and I'm going to

1136
00:36:19,200 --> 00:36:22,870
teach you some things here right now.

1137
00:36:22,880 --> 00:36:25,440
This is a program. I don't I don't it's

1138
00:36:25,440 --> 00:36:27,360
coming out here.

1139
00:36:27,360 --> 00:36:29,480
This right here

1140
00:36:29,480 --> 00:36:31,160
is representation. I know it's kind of

1141
00:36:31,160 --> 00:36:32,680
hard to see here.

1142
00:36:32,680 --> 00:36:34,160
But basically what we're talking about

1143
00:36:34,160 --> 00:36:37,480
here is this comes from the books

1144
00:36:37,480 --> 00:36:39,320
that tell the judge

1145
00:36:39,320 --> 00:36:40,800
how

1146
00:36:40,800 --> 00:36:41,880
right here

1147
00:36:41,880 --> 00:36:44,440
and over here. This comes and tells the

1148
00:36:44,440 --> 00:36:45,640
judge

1149
00:36:45,640 --> 00:36:47,360
how the Constitution is to be

1150
00:36:47,360 --> 00:36:49,400
interpreted. This is from the Am

1151
00:36:49,400 --> 00:36:51,880
Jurisprudence volumes and this is volume

1152
00:36:51,880 --> 00:36:53,680
16.

1153
00:36:53,680 --> 00:36:56,040
You want the constitutional law section

1154
00:36:56,040 --> 00:36:57,280
right here.

1155
00:36:57,280 --> 00:36:58,920
Constitutional law

1156
00:36:58,920 --> 00:37:01,680
and you want section 97.

1157
00:37:01,680 --> 00:37:03,200
And when you start reading it, the most

1158
00:37:03,200 --> 00:37:04,520
important part about it, and I'll read

1159
00:37:04,520 --> 00:37:05,400
it, is

1160
00:37:05,400 --> 00:37:07,480
"Then a constitution should relieve

1161
00:37:07,480 --> 00:37:09,560
should receive a liberal interpretation

1162
00:37:09,560 --> 00:37:11,400
in favor of the citizen is especially

1163
00:37:11,400 --> 00:37:13,080
true with respect to those provisions

1164
00:37:13,080 --> 00:37:15,280
which were designed to safeguard the

1165
00:37:15,280 --> 00:37:17,200
liberty and security of the citizen in

1166
00:37:17,200 --> 00:37:19,960
regard to both person and property." Can

1167
00:37:19,960 --> 00:37:22,040
you see that? Can you all see that?

1168
00:37:22,040 --> 00:37:23,320
Is that coming out right here? Over

1169
00:37:23,320 --> 00:37:25,480
more. Okay. All right.

1170
00:37:25,480 --> 00:37:27,400
"To safeguard the liberty and security

1171
00:37:27,400 --> 00:37:29,280
of the citizen in regard to both person

1172
00:37:29,280 --> 00:37:31,400
and property." See note 31, Braze First

1173
00:37:31,400 --> 00:37:34,280
United States 273 US 28. And all of

1174
00:37:34,280 --> 00:37:36,120
these 40 Supreme Court cases hold that

1175
00:37:36,120 --> 00:37:38,200
axiom.

1176
00:37:38,200 --> 00:37:39,440
In other words, it's supposed to be

1177
00:37:39,440 --> 00:37:41,080
liberally enforced in favor of the

1178
00:37:41,080 --> 00:37:42,520
citizen for the protection of rights and

1179
00:37:42,520 --> 00:37:44,880
property. "Any constitutional provision

1180
00:37:44,880 --> 00:37:46,880
intended to confer a benefit should be

1181
00:37:46,880 --> 00:37:49,000
liberally construed in favor of the

1182
00:37:49,000 --> 00:37:50,880
clearly intended and expressly

1183
00:37:50,880 --> 00:37:53,800
designated beneficiary." 32.

1184
00:37:53,800 --> 00:37:56,120
And on 32, De Chameau versus Hospital of

1185
00:37:56,120 --> 00:37:57,840
the City of Albany. And all of these

1186
00:37:57,840 --> 00:37:59,400
cases.

1187
00:37:59,400 --> 00:38:01,520
Okay? Can you see that? All right. I'll

1188
00:38:01,520 --> 00:38:03,280
help you out here.

1189
00:38:03,280 --> 00:38:04,920
Okay. Is it in?

1190
00:38:04,920 --> 00:38:05,880
All right.

1191
00:38:05,880 --> 00:38:07,080
I'm just trying to tell you, you can go

1192
00:38:07,080 --> 00:38:08,960
look this up and you can better see it.

1193
00:38:08,960 --> 00:38:12,800
Can you see it clearly now? Okay.

1194
00:38:12,800 --> 00:38:14,480
All right. Now, let's do that over

1195
00:38:14,480 --> 00:38:16,160
again. "Any constitutional provision

1196
00:38:16,160 --> 00:38:17,920
intended to confer a benefit should be

1197
00:38:17,920 --> 00:38:19,480
liberally construed in favor of the

1198
00:38:19,480 --> 00:38:20,840
clearly intended and expressly

1199
00:38:20,840 --> 00:38:23,400
designated beneficiary. Similarly, a

1200
00:38:23,400 --> 00:38:25,560
provision intended

1201
00:38:25,560 --> 00:38:29,790
Similarly, a provision intended

1202
00:38:29,800 --> 00:38:31,600
to afford a remedy

1203
00:38:31,600 --> 00:38:33,600
to those who have just claims should

1204
00:38:33,600 --> 00:38:35,600
receive a beneficial construction for

1205
00:38:35,600 --> 00:38:38,080
the purpose of extending the remedy to

1206
00:38:38,080 --> 00:38:40,160
all

1207
00:38:40,160 --> 00:38:42,400
who might fairly come within the meaning

1208
00:38:42,400 --> 00:38:44,240
of the terms.

1209
00:38:44,240 --> 00:38:47,680
And that's Rider versus Fitchy of Ohio,

1210
00:38:47,680 --> 00:38:50,280
a Supreme Court case, okay?

1211
00:38:50,280 --> 00:38:53,000
And that's number 33.

1212
00:38:53,000 --> 00:38:54,400
Okay?

1213
00:38:54,400 --> 00:38:56,080
Now, this comes out of 16th Am

1214
00:38:56,080 --> 00:38:58,040
Jurisprudence. In other words, I have

1215
00:38:58,040 --> 00:39:00,920
this Constitution.

1216
00:39:00,920 --> 00:39:02,440
This Constitution is a contract in

1217
00:39:02,440 --> 00:39:03,680
writing enforceable in a court of law

1218
00:39:03,680 --> 00:39:05,800
pursuant to the statute of frauds. I'm

1219
00:39:05,800 --> 00:39:07,480
asking for specific performance, Your

1220
00:39:07,480 --> 00:39:09,440
Honor, in favor of me.

1221
00:39:09,440 --> 00:39:12,760
I am the beneficiary of the contract.

1222
00:39:12,760 --> 00:39:14,640
There's also a basic premise in contract

1223
00:39:14,640 --> 00:39:16,520
law, basic contract law 101 of any

1224
00:39:16,520 --> 00:39:18,640
first-year law student that says

1225
00:39:18,640 --> 00:39:21,240
the contract shall be enforced most

1226
00:39:21,240 --> 00:39:25,600
favorably in favor of the non-preparer.

1227
00:39:25,600 --> 00:39:26,760
And that's you.

1228
00:39:26,760 --> 00:39:29,990
You didn't prepare it.

1229
00:39:30,000 --> 00:39:31,680
Now, if you believe honestly that you

1230
00:39:31,680 --> 00:39:33,000
have a right

1231
00:39:33,000 --> 00:39:34,720
and you can timely bring that right

1232
00:39:34,720 --> 00:39:37,400
before a proper adjudicated authority

1233
00:39:37,400 --> 00:39:39,160
and you can clearly stipulate as to what

1234
00:39:39,160 --> 00:39:41,240
your right was, guess what? They gots to

1235
00:39:41,240 --> 00:39:43,040
listen. That's the way it is. That's the

1236
00:39:43,040 --> 00:39:44,800
way it's supposed to be.

1237
00:39:44,800 --> 00:39:46,280
And I'm telling you if you know your

1238
00:39:46,280 --> 00:39:47,800
rights and you timely assert those

1239
00:39:47,800 --> 00:39:49,760
rights, you have those rights.

1240
00:39:49,760 --> 00:39:51,200
But if you sit on your haunches and you

1241
00:39:51,200 --> 00:39:53,400
cry foul,

1242
00:39:53,400 --> 00:39:54,960
it's terrible. Somebody ought to do

1243
00:39:54,960 --> 00:39:56,440
something about that. Hey, be a

1244
00:39:56,440 --> 00:39:58,040
somebody. Do something about it. Don't

1245
00:39:58,040 --> 00:39:59,480
sit there telling me that somebody ought

1246
00:39:59,480 --> 00:40:00,440
to do something about that. Be a

1247
00:40:00,440 --> 00:40:02,360
somebody. You do something about it. You

1248
00:40:02,360 --> 00:40:04,000
honestly got an honest you go out

1249
00:40:04,000 --> 00:40:06,000
there and you take care of it.

1250
00:40:06,000 --> 00:40:07,200
Because that's what it takes to be an

1251
00:40:07,200 --> 00:40:08,760
American. That's what all That's what

1252
00:40:08,760 --> 00:40:10,000
it's all about. That's what being an

1253
00:40:10,000 --> 00:40:11,120
American is all about. That's what

1254
00:40:11,120 --> 00:40:12,680
separates you from the rest of the whole

1255
00:40:12,680 --> 00:40:13,760
world.

1256
00:40:13,760 --> 00:40:15,400
Because Americans, you don't trample on

1257
00:40:15,400 --> 00:40:16,480
their rights cuz they're going to come

1258
00:40:16,480 --> 00:40:18,360
get you.

1259
00:40:18,360 --> 00:40:19,840
You do not trample on their rights. They

1260
00:40:19,840 --> 00:40:21,600
won't put up with it. So, be an American

1261
00:40:21,600 --> 00:40:23,200
and don't put up with it. Stand up there

1262
00:40:23,200 --> 00:40:24,960
and be counted. Now, I want to read the

1263
00:40:24,960 --> 00:40:26,600
next argument there, which is argument

1264
00:40:26,600 --> 00:40:28,800
number 98,

1265
00:40:28,800 --> 00:40:30,840
which basically deals with the effect of

1266
00:40:30,840 --> 00:40:32,480
an emergency.

1267
00:40:32,480 --> 00:40:35,480
Argument 98.

1268
00:40:35,480 --> 00:40:36,920
Does everybody see that there? Get it

1269
00:40:36,920 --> 00:40:38,600
there? Pretty good? All right. Argument

1270
00:40:38,600 --> 00:40:41,400
98. While an emergency cannot create

1271
00:40:41,400 --> 00:40:43,800
power and no emergency justifies the

1272
00:40:43,800 --> 00:40:45,680
violation of any of the provisions of

1273
00:40:45,680 --> 00:40:47,880
the United States Constitution or state

1274
00:40:47,880 --> 00:40:49,400
constitutions,

1275
00:40:49,400 --> 00:40:51,440
public emergencies such as economic

1276
00:40:51,440 --> 00:40:52,680
depression,

1277
00:40:52,680 --> 00:40:54,560
all right?

1278
00:40:54,560 --> 00:40:57,320
Go over here to the next page.

1279
00:40:57,320 --> 00:41:01,110
What happened here? All right.

1280
00:41:01,120 --> 00:41:03,640
All right. Let's go.

1281
00:41:03,640 --> 00:41:05,840
For a specially liberal construction of

1282
00:41:05,840 --> 00:41:07,640
constitutional powers, and it has been

1283
00:41:07,640 --> 00:41:10,360
declared that because of national

1284
00:41:10,360 --> 00:41:12,560
exigency, it is the policy of the courts

1285
00:41:12,560 --> 00:41:14,480
in times of national peril so liberally

1286
00:41:14,480 --> 00:41:16,320
to construe the special powers vested in

1287
00:41:16,320 --> 00:41:18,600
the chief executive as to sustain and

1288
00:41:18,600 --> 00:41:21,360
effectuate the purpose thereof. And to

1289
00:41:21,360 --> 00:41:23,480
that end also more liberally to construe

1290
00:41:23,480 --> 00:41:25,560
the constituted division and

1291
00:41:25,560 --> 00:41:27,040
classification of the powers of the

1292
00:41:27,040 --> 00:41:29,680
coordinate branches of the government

1293
00:41:29,680 --> 00:41:31,560
and insofar as may not be clearly

1294
00:41:31,560 --> 00:41:33,560
inconsistent

1295
00:41:33,560 --> 00:41:35,720
with the Constitution, right? In other

1296
00:41:35,720 --> 00:41:37,280
words, it can't be in conflict with the

1297
00:41:37,280 --> 00:41:39,880
Constitution to vest extraordinary

1298
00:41:39,880 --> 00:41:41,520
powers in the chief executive. But, I'm

1299
00:41:41,520 --> 00:41:43,640
telling you, on the other hand, a

1300
00:41:43,640 --> 00:41:45,640
contention that a grave emergency such

1301
00:41:45,640 --> 00:41:46,840
as the depression should permit

1302
00:41:46,840 --> 00:41:48,080
construction of the constitutional

1303
00:41:48,080 --> 00:41:49,760
provisions which would meet the

1304
00:41:49,760 --> 00:41:52,640
emergency was rejected. In one case, the

1305
00:41:52,640 --> 00:41:53,960
court holding that neither the

1306
00:41:53,960 --> 00:41:55,600
legislature nor any executive or

1307
00:41:55,600 --> 00:41:58,120
judicial officer may disregard the

1308
00:41:58,120 --> 00:42:00,160
provisions of the Constitution in cases

1309
00:42:00,160 --> 00:42:01,840
of an emergency

1310
00:42:01,840 --> 00:42:03,760
where the plain and unequivocal terms of

1311
00:42:03,760 --> 00:42:06,040
the Constitution present to question of

1312
00:42:06,040 --> 00:42:08,440
construction as to departures in

1313
00:42:08,440 --> 00:42:10,200
emergency. So, not even an emergency

1314
00:42:10,200 --> 00:42:11,520
justifies

1315
00:42:11,520 --> 00:42:12,760
the taking away of constitutional

1316
00:42:12,760 --> 00:42:14,080
provisions. And I know you've heard

1317
00:42:14,080 --> 00:42:15,480
differently. I know you think, "Well,

1318
00:42:15,480 --> 00:42:16,960
they got an emergency. They just declare

1319
00:42:16,960 --> 00:42:18,800
an emergency and then they the president

1320
00:42:18,800 --> 00:42:20,440
issues an executive order." But let me

1321
00:42:20,440 --> 00:42:22,120
ask you, if it's a repugnant of

1322
00:42:22,120 --> 00:42:23,680
Constitution of the United States, is it

1323
00:42:23,680 --> 00:42:26,000
a law? No.

1324
00:42:26,000 --> 00:42:28,600
Who says so? We do. We're the people.

1325
00:42:28,600 --> 00:42:31,360
It's our country. It's our Constitution.

1326
00:42:31,360 --> 00:42:32,480
We're the ones that say you can't do

1327
00:42:32,480 --> 00:42:34,520
that. And we mean it. You better well

1328
00:42:34,520 --> 00:42:36,320
better listen.

1329
00:42:36,320 --> 00:42:38,320
All right. Now,

1330
00:42:38,320 --> 00:42:40,200
let's get into the next argument here.

1331
00:42:40,200 --> 00:42:41,920
Now, I hope I'm not boring you to tears

1332
00:42:41,920 --> 00:42:43,240
here, but it's kind of important that we

1333
00:42:43,240 --> 00:42:45,120
cover these basic things so that you can

1334
00:42:45,120 --> 00:42:47,080
understand.

1335
00:42:47,080 --> 00:42:48,720
As to the construction refer with

1336
00:42:48,720 --> 00:42:50,360
reference to the common law, an

1337
00:42:50,360 --> 00:42:53,120
important canon of construction is that

1338
00:42:53,120 --> 00:42:55,560
that constitutions must be construed

1339
00:42:55,560 --> 00:42:58,520
with reference to the common law.

1340
00:42:58,520 --> 00:43:00,240
That means the law of the little people

1341
00:43:00,240 --> 00:43:02,760
out there, not the corporations.

1342
00:43:02,760 --> 00:43:04,080
Okay?

1343
00:43:04,080 --> 00:43:06,200
Since it in most respects the federal

1344
00:43:06,200 --> 00:43:08,080
and state constitutions did not

1345
00:43:08,080 --> 00:43:10,240
repudiate, but cherish the established

1346
00:43:10,240 --> 00:43:12,680
common law, this fact has been taken

1347
00:43:12,680 --> 00:43:14,880
into consideration by the courts in

1348
00:43:14,880 --> 00:43:16,960
construing certain clauses in a state

1349
00:43:16,960 --> 00:43:18,600
constitution, such as the provision

1350
00:43:18,600 --> 00:43:21,080
securing the right to a jury trial.

1351
00:43:21,080 --> 00:43:22,880
Also, provisions in regard to crimes

1352
00:43:22,880 --> 00:43:25,000
have been interpreted with reference to

1353
00:43:25,000 --> 00:43:29,590
the common law rule that one

1354
00:43:29,600 --> 00:43:31,440
that one charged with a crime may be

1355
00:43:31,440 --> 00:43:32,800
convicted of a lesser offense

1356
00:43:32,800 --> 00:43:34,200
necessarily included in the crime

1357
00:43:34,200 --> 00:43:36,240
charged. In such cases, the courts of

1358
00:43:36,240 --> 00:43:38,880
the state always regard the language in

1359
00:43:38,880 --> 00:43:41,640
the common law sense. So, the common law

1360
00:43:41,640 --> 00:43:43,080
prevails.

1361
00:43:43,080 --> 00:43:44,160
Don't let anybody tell you this

1362
00:43:44,160 --> 00:43:45,760
admiralty law prevails because it only

1363
00:43:45,760 --> 00:43:47,640
prevails if you get sucked into it.

1364
00:43:47,640 --> 00:43:48,680
We're not going to let you do that.

1365
00:43:48,680 --> 00:43:50,840
We're going to teach you how to beat it.

1366
00:43:50,840 --> 00:43:52,240
The common law also permitted

1367
00:43:52,240 --> 00:43:54,080
destruction of the abatement of

1368
00:43:54,080 --> 00:43:55,360
nuisances

1369
00:43:55,360 --> 00:43:57,800
by summary proceedings. Traffic tickets,

1370
00:43:57,800 --> 00:44:00,320
folks.

1371
00:44:00,320 --> 00:44:02,840
That's what a traffic ticket does.

1372
00:44:02,840 --> 00:44:04,560
It is a writ of assistance, a bill of

1373
00:44:04,560 --> 00:44:06,160
attainder. It's unlawful in the United

1374
00:44:06,160 --> 00:44:07,760
States of America.

1375
00:44:07,760 --> 00:44:09,760
And it was never supposed

1376
00:44:09,760 --> 00:44:11,720
that a constitutional provision was

1377
00:44:11,720 --> 00:44:14,120
intended to interfere with this

1378
00:44:14,120 --> 00:44:16,120
established principle. And although

1379
00:44:16,120 --> 00:44:17,680
there is no common law of the United

1380
00:44:17,680 --> 00:44:19,960
States in the sense, who said so? Erie

1381
00:44:19,960 --> 00:44:24,200
Railroad versus Tompkins. Okay?

1382
00:44:24,200 --> 00:44:26,880
All right. Of a

1383
00:44:26,880 --> 00:44:29,360
national customary law as distinguished

1384
00:44:29,360 --> 00:44:31,320
from the common law of England adopted

1385
00:44:31,320 --> 00:44:33,280
in the several states. In interpreting

1386
00:44:33,280 --> 00:44:35,760
the federal Constitution,

1387
00:44:35,760 --> 00:44:39,560
recourse may still be had to the aid of

1388
00:44:39,560 --> 00:44:41,680
the common law of England.

1389
00:44:41,680 --> 00:44:43,520
It has been said that without reference

1390
00:44:43,520 --> 00:44:46,680
to this common law, the language

1391
00:44:46,680 --> 00:44:48,440
of the federal Constitution could not be

1392
00:44:48,440 --> 00:44:50,760
understood.

1393
00:44:50,760 --> 00:44:53,280
So, the common law applies, folks.

1394
00:44:53,280 --> 00:44:54,480
And we're going to get into that common

1395
00:44:54,480 --> 00:44:56,000
law heavily in the advanced section, all

1396
00:44:56,000 --> 00:44:58,200
right?

1397
00:44:58,200 --> 00:44:59,040
Okay?

1398
00:44:59,040 --> 00:45:00,240
Now, let's get back into this. In

1399
00:45:00,240 --> 00:45:02,840
interpreting the federal Constitution,

1400
00:45:02,840 --> 00:45:04,880
adopted by the several states, all

1401
00:45:04,880 --> 00:45:08,040
right? The recourse may still be had to

1402
00:45:08,040 --> 00:45:10,360
the aid of the common law of England. It

1403
00:45:10,360 --> 00:45:12,920
has been said that without reference to

1404
00:45:12,920 --> 00:45:14,680
the common law, the language of the

1405
00:45:14,680 --> 00:45:17,520
United States Constitution would not be

1406
00:45:17,520 --> 00:45:20,560
understood. This is due to the fact that

1407
00:45:20,560 --> 00:45:21,960
this instrument and the plan of

1408
00:45:21,960 --> 00:45:23,600
government of the United States were

1409
00:45:23,600 --> 00:45:26,200
founded on the common law as established

1410
00:45:26,200 --> 00:45:27,720
in England at the time of the

1411
00:45:27,720 --> 00:45:30,360
revolution, okay? Therefore, it is the

1412
00:45:30,360 --> 00:45:32,640
general rule that the phrases in the

1413
00:45:32,640 --> 00:45:35,160
Bill of Rights taken from the common law

1414
00:45:35,160 --> 00:45:36,840
must be construed in reference to the

1415
00:45:36,840 --> 00:45:39,400
latter. Specifically, the United States

1416
00:45:39,400 --> 00:45:41,000
Supreme Court has taken that the common

1417
00:45:41,000 --> 00:45:43,040
law into consideration in construing the

1418
00:45:43,040 --> 00:45:44,480
Fourth Amendment, the Fifth Amendment

1419
00:45:44,480 --> 00:45:46,560
provisions relating All right? So, the

1420
00:45:46,560 --> 00:45:48,400
common law is extremely important that

1421
00:45:48,400 --> 00:45:49,720
we get it and we will cover that

1422
00:45:49,720 --> 00:45:50,840
thoroughly.

1423
00:45:50,840 --> 00:45:52,400
It's important to understand that most

1424
00:45:52,400 --> 00:45:54,560
of you out there are citizens at the

1425
00:45:54,560 --> 00:45:56,440
common law.

1426
00:45:56,440 --> 00:45:58,520
That only only those that understand the

1427
00:45:58,520 --> 00:46:00,320
differences in Admiralty and Maritime

1428
00:46:00,320 --> 00:46:02,280
Law, those that are corporations,

1429
00:46:02,280 --> 00:46:03,720
officers of corporations, those are

1430
00:46:03,720 --> 00:46:05,000
officers of government residing in the

1431
00:46:05,000 --> 00:46:07,440
District of Columbia, the 14th Amendment

1432
00:46:07,440 --> 00:46:09,960
duality of citizenship, which is talked

1433
00:46:09,960 --> 00:46:11,360
about in the case of Erie Railroad

1434
00:46:11,360 --> 00:46:13,240
versus Tompkins, which is a rather heavy

1435
00:46:13,240 --> 00:46:15,160
argument. And I will cover that

1436
00:46:15,160 --> 00:46:16,480
thoroughly with you so that you

1437
00:46:16,480 --> 00:46:17,960
understand where the traps and the

1438
00:46:17,960 --> 00:46:19,800
differences are. But for right now, I'm

1439
00:46:19,800 --> 00:46:20,920
trying to demonstrate to you

1440
00:46:20,920 --> 00:46:22,720
construction and programming so that you

1441
00:46:22,720 --> 00:46:24,440
can understand that this Constitution

1442
00:46:24,440 --> 00:46:27,160
right here is the supreme law of the

1443
00:46:27,160 --> 00:46:30,040
land. It is a contract in writing.

1444
00:46:30,040 --> 00:46:32,280
It is enforceable in favor of you in an

1445
00:46:32,280 --> 00:46:33,320
open court of law. You are the

1446
00:46:33,320 --> 00:46:35,680
beneficiary, okay? I want to give you

1447
00:46:35,680 --> 00:46:37,640
some basic law points on this Am Jur

1448
00:46:37,640 --> 00:46:40,040
Second argument. This is section 114 of

1449
00:46:40,040 --> 00:46:42,760
the 16th volume of Am Jur Second. I'm

1450
00:46:42,760 --> 00:46:43,960
going to give you a couple more of these

1451
00:46:43,960 --> 00:46:45,400
sites so that you can understand how

1452
00:46:45,400 --> 00:46:48,680
powerful a document this is, okay?

1453
00:46:48,680 --> 00:46:50,640
Let's go to the next section, which is

1454
00:46:50,640 --> 00:46:53,600
115, which is her uh

1455
00:46:53,600 --> 00:46:56,240
Let's see which one. 117. 117 is the

1456
00:46:56,240 --> 00:46:58,120
next serious section. They're all

1457
00:46:58,120 --> 00:46:59,400
serious.

1458
00:46:59,400 --> 00:47:00,760
By the way, I highly recommend you go

1459
00:47:00,760 --> 00:47:02,800
down to the law library.

1460
00:47:02,800 --> 00:47:04,960
Grab that 16th volume of Am Jur Second.

1461
00:47:04,960 --> 00:47:06,560
Start at section 1 and start paging

1462
00:47:06,560 --> 00:47:08,080
through to section 300. You will

1463
00:47:08,080 --> 00:47:10,520
absolutely be astounded.

1464
00:47:10,520 --> 00:47:12,800
We are now in 16th Am Jur Second,

1465
00:47:12,800 --> 00:47:16,040
section 117.

1466
00:47:16,040 --> 00:47:17,440
And I will read it to you. Basically,

1467
00:47:17,440 --> 00:47:19,480
various facts and circumstances

1468
00:47:19,480 --> 00:47:22,400
extrinsic to the Constitution are often

1469
00:47:22,400 --> 00:47:24,600
resorted to by the courts to aid them in

1470
00:47:24,600 --> 00:47:27,040
determining its meaning.

1471
00:47:27,040 --> 00:47:29,080
As previously noted, however, such

1472
00:47:29,080 --> 00:47:33,160
extrinsic aids may not be resorted to

1473
00:47:33,160 --> 00:47:36,560
where the provision in the question is

1474
00:47:36,560 --> 00:47:40,200
clear and unambiguous. In such a case,

1475
00:47:40,200 --> 00:47:42,520
the courts must apply the terms of the

1476
00:47:42,520 --> 00:47:45,040
Constitution as written.

1477
00:47:45,040 --> 00:47:47,240
And they are not at liberty to search

1478
00:47:47,240 --> 00:47:50,640
for meanings beyond the instrument.

1479
00:47:50,640 --> 00:47:52,360
Which that militia argument and that

1480
00:47:52,360 --> 00:47:54,040
collective law theory of the Second

1481
00:47:54,040 --> 00:47:56,080
Amendment is. They're They're

1482
00:47:56,080 --> 00:47:58,320
They're reaching far.

1483
00:47:58,320 --> 00:47:59,560
All right?

1484
00:47:59,560 --> 00:48:01,760
Clearly it says in the plain English,

1485
00:48:01,760 --> 00:48:03,680
the right of the people to keep and

1486
00:48:03,680 --> 00:48:06,720
carry arms shall not be infringed. Now,

1487
00:48:06,720 --> 00:48:08,040
what is it you don't understand about

1488
00:48:08,040 --> 00:48:10,280
the word infringed?

1489
00:48:10,280 --> 00:48:11,560
They're infringing.

1490
00:48:11,560 --> 00:48:13,880
The Brady Bill is infringement. 1968 Gun

1491
00:48:13,880 --> 00:48:15,760
Control Act, it's infringing.

1492
00:48:15,760 --> 00:48:17,080
All of these

1493
00:48:17,080 --> 00:48:19,080
the CCW acts of these states, they're

1494
00:48:19,080 --> 00:48:20,200
infringing.

1495
00:48:20,200 --> 00:48:22,160
Who says so? You do.

1496
00:48:22,160 --> 00:48:23,760
How shall a document be enforced in

1497
00:48:23,760 --> 00:48:26,320
favor of who? You.

1498
00:48:26,320 --> 00:48:28,440
When are you going to enforce it?

1499
00:48:28,440 --> 00:48:31,160
You're the one that is the the citizen.

1500
00:48:31,160 --> 00:48:32,760
All power is inherent in the people.

1501
00:48:32,760 --> 00:48:34,240
You're the one with the power. Enforce

1502
00:48:34,240 --> 00:48:36,120
your power. All right?

1503
00:48:36,120 --> 00:48:38,000
Does everybody understand that argument?

1504
00:48:38,000 --> 00:48:39,600
That's the magnificence. I'm bringing

1505
00:48:39,600 --> 00:48:41,360
the genie out. We're stroking the bottle

1506
00:48:41,360 --> 00:48:42,520
here.

1507
00:48:42,520 --> 00:48:43,760
And I'm going to bring the genie out

1508
00:48:43,760 --> 00:48:44,760
here in a second. You're going to

1509
00:48:44,760 --> 00:48:47,600
understand the magnificence of the power

1510
00:48:47,600 --> 00:48:49,720
of this book.

1511
00:48:49,720 --> 00:48:51,640
You see, once you understand this is an

1512
00:48:51,640 --> 00:48:53,640
ironclad contract. Once you understand

1513
00:48:53,640 --> 00:48:55,000
that this is enforceable in a court of

1514
00:48:55,000 --> 00:48:56,520
law pursuant to the statute of frauds.

1515
00:48:56,520 --> 00:48:57,960
Once you understand you have a right to

1516
00:48:57,960 --> 00:48:59,400
claim specific performance on the

1517
00:48:59,400 --> 00:49:01,680
contract. Your honor, I'm demanding my

1518
00:49:01,680 --> 00:49:03,400
right to keep and carry arms. That right

1519
00:49:03,400 --> 00:49:05,640
shall not be infringed. I want specific

1520
00:49:05,640 --> 00:49:07,080
performance. I am the holder of the

1521
00:49:07,080 --> 00:49:08,640
contract. It's supposed to be enforced

1522
00:49:08,640 --> 00:49:10,080
in favor of me. I am the clearly

1523
00:49:10,080 --> 00:49:11,480
intended and especially designated

1524
00:49:11,480 --> 00:49:13,000
beneficiary, the citizen. I want the

1525
00:49:13,000 --> 00:49:16,120
thing protected in in favor of my right.

1526
00:49:16,120 --> 00:49:18,520
Does that make logical sense to you? Now

1527
00:49:18,520 --> 00:49:20,160
do you start to understand the power of

1528
00:49:20,160 --> 00:49:22,600
this document? Okay?

1529
00:49:22,600 --> 00:49:24,200
See, before you just thought it was a

1530
00:49:24,200 --> 00:49:26,440
bunch of writing in some in some

1531
00:49:26,440 --> 00:49:27,960
textbook that you had to take when you

1532
00:49:27,960 --> 00:49:29,560
took a civics class in high school in

1533
00:49:29,560 --> 00:49:31,440
the 11th grade.

1534
00:49:31,440 --> 00:49:32,800
See, I want you to understand that you

1535
00:49:32,800 --> 00:49:34,200
don't leave home without this. This is

1536
00:49:34,200 --> 00:49:36,440
more important than your credit card.

1537
00:49:36,440 --> 00:49:38,240
Okay?

1538
00:49:38,240 --> 00:49:39,800
Next, let's get into the next section.

1539
00:49:39,800 --> 00:49:41,040
I'm going to cover some more of these Am

1540
00:49:41,040 --> 00:49:44,680
Jur sections so that you can understand.

1541
00:49:44,680 --> 00:49:50,030
I want to get into section 155.

1542
00:49:50,040 --> 00:49:53,360
16th Am Jur 2nd section

1543
00:49:53,360 --> 00:49:55,120
Since the Constitution is intended for

1544
00:49:55,120 --> 00:49:56,960
the observance of the judiciary as well

1545
00:49:56,960 --> 00:49:58,760
as other departments of government, and

1546
00:49:58,760 --> 00:50:00,640
the judges are sworn to

1547
00:50:00,640 --> 00:50:02,760
to support its provisions. That means

1548
00:50:02,760 --> 00:50:05,440
sworn, as in oath law of a sworn.

1549
00:50:05,440 --> 00:50:07,240
The courts are not at liberty to

1550
00:50:07,240 --> 00:50:11,190
overlook or disregard

1551
00:50:11,200 --> 00:50:15,200
its commands or countenance evasions

1552
00:50:15,200 --> 00:50:19,160
thereof. It is their duty in authorized

1553
00:50:19,160 --> 00:50:21,720
proceedings to give full effect to the

1554
00:50:21,720 --> 00:50:24,040
existing Constitution and to obey all

1555
00:50:24,040 --> 00:50:26,320
constitutional provisions irrespective

1556
00:50:26,320 --> 00:50:29,360
of their opinion as to the wisdom or the

1557
00:50:29,360 --> 00:50:32,000
desirability of such provisions and

1558
00:50:32,000 --> 00:50:34,800
irrespective of the consequences. Thus,

1559
00:50:34,800 --> 00:50:37,880
it is said that the courts should be and

1560
00:50:37,880 --> 00:50:40,720
are alert to enforce the provisions of

1561
00:50:40,720 --> 00:50:42,800
the United States Constitution and guard

1562
00:50:42,800 --> 00:50:45,720
against their infringement

1563
00:50:45,720 --> 00:50:48,200
by legislative fiat

1564
00:50:48,200 --> 00:50:50,920
or otherwise. In accordance with these

1565
00:50:50,920 --> 00:50:53,000
basic principles, the rule is fixed that

1566
00:50:53,000 --> 00:50:55,720
the duty in the proper case to declare a

1567
00:50:55,720 --> 00:50:59,920
law unconstitutional cannot be declined

1568
00:50:59,920 --> 00:51:03,240
and must be performed in accordance with

1569
00:51:03,240 --> 00:51:05,080
the deliberate judgment of the tribunal

1570
00:51:05,080 --> 00:51:06,760
before which the validity of the

1571
00:51:06,760 --> 00:51:08,600
enactment is directly drawn into

1572
00:51:08,600 --> 00:51:11,080
question. If the Constitution prescribes

1573
00:51:11,080 --> 00:51:13,800
one rule and the statute another and a

1574
00:51:13,800 --> 00:51:16,120
different rule, it is the duty of the

1575
00:51:16,120 --> 00:51:18,960
courts to declare that the Constitution

1576
00:51:18,960 --> 00:51:21,120
and not the statute governs in cases

1577
00:51:21,120 --> 00:51:23,560
before them for judgment.

1578
00:51:23,560 --> 00:51:25,720
Does everybody understand that?

1579
00:51:25,720 --> 00:51:27,720
He's They're telling the judge, "You got

1580
00:51:27,720 --> 00:51:30,560
to rule in favor of the Constitution."

1581
00:51:30,560 --> 00:51:32,880
And if you know your Constitution,

1582
00:51:32,880 --> 00:51:34,560
whose favor are they going to rule in?

1583
00:51:34,560 --> 00:51:35,760
Yours.

1584
00:51:35,760 --> 00:51:37,280
But you have to have enough hair on your

1585
00:51:37,280 --> 00:51:38,760
tail feather to walk in there and say,

1586
00:51:38,760 --> 00:51:41,840
"Hey, I'm an American."

1587
00:51:41,840 --> 00:51:44,200
And I have a constitutional right. That

1588
00:51:44,200 --> 00:51:46,080
right shall not be infringed and you're

1589
00:51:46,080 --> 00:51:47,320
infringing.

1590
00:51:47,320 --> 00:51:48,840
And I'm asking you not to do that cuz

1591
00:51:48,840 --> 00:51:50,840
it's not nice.

1592
00:51:50,840 --> 00:51:52,400
And I'm asking the judge to do his duty

1593
00:51:52,400 --> 00:51:54,200
under his sworn oath of office and

1594
00:51:54,200 --> 00:51:55,960
uphold the United States Constitution as

1595
00:51:55,960 --> 00:51:57,680
he swore he would under Article 11

1596
00:51:57,680 --> 00:52:00,960
paragraph 1 in this state, which says

1597
00:52:00,960 --> 00:52:02,360
that he shall swear to protect and

1598
00:52:02,360 --> 00:52:03,600
defend the Constitution from all

1599
00:52:03,600 --> 00:52:04,800
enemies, foreign and domestic, and he

1600
00:52:04,800 --> 00:52:06,160
will perform his duties to the best of

1601
00:52:06,160 --> 00:52:08,480
his ability, so help him God. Now,

1602
00:52:08,480 --> 00:52:12,430
let's get closer to so help him God.

1603
00:52:12,440 --> 00:52:13,840
Now, let's get into another one of

1604
00:52:13,840 --> 00:52:15,360
these. We got a load of them, folks, so

1605
00:52:15,360 --> 00:52:17,560
let's bear with me here.

1606
00:52:17,560 --> 00:52:21,960
16th Am. Jur. 2d section 177.

1607
00:52:21,960 --> 00:52:24,240
Declaratory judgments.

1608
00:52:24,240 --> 00:52:26,240
Declaratory judgment actions have often

1609
00:52:26,240 --> 00:52:27,440
been utilized to test the

1610
00:52:27,440 --> 00:52:29,160
constitutionality of a statute and

1611
00:52:29,160 --> 00:52:31,280
government practices. The Uniform

1612
00:52:31,280 --> 00:52:33,400
Declaratory Judgments Act makes specific

1613
00:52:33,400 --> 00:52:35,160
provisions of the determination of

1614
00:52:35,160 --> 00:52:38,000
construction or validity of statutes and

1615
00:52:38,000 --> 00:52:39,760
municipal ordinance by declaratory

1616
00:52:39,760 --> 00:52:42,800
judgment and is considered to furnish a

1617
00:52:42,800 --> 00:52:45,000
particularly appropriate method for the

1618
00:52:45,000 --> 00:52:47,600
determination of controversies relative

1619
00:52:47,600 --> 00:52:49,480
to the construction and validity of the

1620
00:52:49,480 --> 00:52:51,280
statutes

1621
00:52:51,280 --> 00:52:53,040
and of ordinances. The Federal

1622
00:52:53,040 --> 00:52:54,960
Declaratory Judgment Act, although it

1623
00:52:54,960 --> 00:52:57,480
does not mention declarations as to the

1624
00:52:57,480 --> 00:52:58,840
construction or validity of the

1625
00:52:58,840 --> 00:53:02,000
statutes, has been invoked frequently as

1626
00:53:02,000 --> 00:53:03,280
a means of assaying the

1627
00:53:03,280 --> 00:53:05,160
constitutionality of congressional

1628
00:53:05,160 --> 00:53:07,840
legislation. A plaintiff can have a

1629
00:53:07,840 --> 00:53:10,440
declaratory judgment action on the

1630
00:53:10,440 --> 00:53:12,200
constitutionality of either the federal

1631
00:53:12,200 --> 00:53:14,000
or state statute by a single federal

1632
00:53:14,000 --> 00:53:15,960
judge.

1633
00:53:15,960 --> 00:53:18,760
So long as he does not ask to have the

1634
00:53:18,760 --> 00:53:21,160
operation of the statute enjoined. You

1635
00:53:21,160 --> 00:53:24,680
can't enjoin a constitutional right.

1636
00:53:24,680 --> 00:53:27,240
A court may grant declaratory relief

1637
00:53:27,240 --> 00:53:29,280
unless there is a case of controversy

1638
00:53:29,280 --> 00:53:31,040
before the court. That is, the dispute

1639
00:53:31,040 --> 00:53:33,880
must consist of specific adverse claims

1640
00:53:33,880 --> 00:53:35,920
based upon present rather than future or

1641
00:53:35,920 --> 00:53:38,040
speculative facts on which to base the

1642
00:53:38,040 --> 00:53:39,800
adjudication.

1643
00:53:39,800 --> 00:53:41,480
All right? Now, I'm trying to tell you

1644
00:53:41,480 --> 00:53:43,240
folks here, you have a right to demand a

1645
00:53:43,240 --> 00:53:44,840
declaratory judgment, which we are going

1646
00:53:44,840 --> 00:53:47,440
to do in several of our cases here.

1647
00:53:47,440 --> 00:53:49,480
And they got to declare. Is it

1648
00:53:49,480 --> 00:53:50,720
constitutional or isn't it

1649
00:53:50,720 --> 00:53:52,400
constitutional? If it's constitutional,

1650
00:53:52,400 --> 00:53:54,840
it has to be judged in favor of who?

1651
00:53:54,840 --> 00:53:56,680
You, the the citizen. Why? Cuz you're

1652
00:53:56,680 --> 00:53:59,160
the the beneficiary. It's supposed to be

1653
00:53:59,160 --> 00:54:00,480
enforced in favor of you, the

1654
00:54:00,480 --> 00:54:01,760
beneficiary, the citizen, for the

1655
00:54:01,760 --> 00:54:03,120
protection of rights and property. See,

1656
00:54:03,120 --> 00:54:06,640
Barrows vs. United States, 273 U.S. 28.

1657
00:54:06,640 --> 00:54:08,240
And the 40 Supreme Court cases that

1658
00:54:08,240 --> 00:54:10,720
support that mandate. Okay?

1659
00:54:10,720 --> 00:54:11,800
Now, let's get There's just a couple

1660
00:54:11,800 --> 00:54:13,360
more here. Bear with me. I know you're

1661
00:54:13,360 --> 00:54:14,840
probably bored to tears right now, but I

1662
00:54:14,840 --> 00:54:16,120
don't want you to do that. I want you to

1663
00:54:16,120 --> 00:54:18,560
pay attention.

1664
00:54:18,560 --> 00:54:23,430
Okay, we're at section 255.

1665
00:54:23,440 --> 00:54:26,240
16th Am Jur Sec 255.

1666
00:54:26,240 --> 00:54:27,720
In all instances where the court

1667
00:54:27,720 --> 00:54:29,680
exercises its power to invalidate

1668
00:54:29,680 --> 00:54:31,440
legislation on constitutional grounds,

1669
00:54:31,440 --> 00:54:34,000
the conflict of the statute with the

1670
00:54:34,000 --> 00:54:38,200
Constitution must be irreconcilable.

1671
00:54:38,200 --> 00:54:39,760
The Brady bill.

1672
00:54:39,760 --> 00:54:42,160
Irreconcilable. Huh?

1673
00:54:42,160 --> 00:54:43,640
In other words, the court is without

1674
00:54:43,640 --> 00:54:45,400
authority to declare a statute

1675
00:54:45,400 --> 00:54:47,680
unconstitutional unless it is in

1676
00:54:47,680 --> 00:54:49,880
positive or direct conflict with the

1677
00:54:49,880 --> 00:54:52,120
statute

1678
00:54:52,120 --> 00:54:54,200
or with the Constitution.

1679
00:54:54,200 --> 00:54:56,400
Thus, a statute is not to be declared

1680
00:54:56,400 --> 00:54:58,440
unconstitutional unless so inconsistent

1681
00:54:58,440 --> 00:54:59,760
with the Constitution that it cannot be

1682
00:54:59,760 --> 00:55:02,760
enforced without a violation thereof.

1683
00:55:02,760 --> 00:55:04,000
Because that would be violating the

1684
00:55:04,000 --> 00:55:05,960
Constitution. We can't have that. What

1685
00:55:05,960 --> 00:55:07,880
happened in Marbury vs. Madison, 5 U.S.

1686
00:55:07,880 --> 00:55:10,040
137? Same thing.

1687
00:55:10,040 --> 00:55:12,320
A clear incompatibility between law and

1688
00:55:12,320 --> 00:55:14,680
the Constitution must exist before the

1689
00:55:14,680 --> 00:55:16,360
judiciary is satisfied in holding a law

1690
00:55:16,360 --> 00:55:18,440
unconstitutional. This principle of is,

1691
00:55:18,440 --> 00:55:20,680
of course, in line with the rule that

1692
00:55:20,680 --> 00:55:22,920
doubts as to constitutionality should be

1693
00:55:22,920 --> 00:55:24,800
resolved in favor of the

1694
00:55:24,800 --> 00:55:27,560
constitutionality.

1695
00:55:27,560 --> 00:55:29,600
And the beneficiary, you, the citizen,

1696
00:55:29,600 --> 00:55:30,640
for the protection of your rights and

1697
00:55:30,640 --> 00:55:32,240
property.

1698
00:55:32,240 --> 00:55:33,320
Okay?

1699
00:55:33,320 --> 00:55:35,200
Does everybody pick up on that? Now,

1700
00:55:35,200 --> 00:55:38,480
let's let's shift to 256.

1701
00:55:38,480 --> 00:55:42,040
256, right here.

1702
00:55:42,040 --> 00:55:43,520
The general rule is that an

1703
00:55:43,520 --> 00:55:45,120
unconstitutional statute, whether

1704
00:55:45,120 --> 00:55:47,520
federal or state, though having the form

1705
00:55:47,520 --> 00:55:50,160
and name of law, is in reality no law,

1706
00:55:50,160 --> 00:55:52,520
but is wholly void

1707
00:55:52,520 --> 00:55:54,880
and ineffective for any purpose,

1708
00:55:54,880 --> 00:55:57,920
since unconstitutionality

1709
00:55:57,920 --> 00:55:59,840
dates from the time of the enactment and

1710
00:55:59,840 --> 00:56:02,000
not merely from the date of the decision

1711
00:56:02,000 --> 00:56:03,840
so branding it.

1712
00:56:03,840 --> 00:56:06,840
Wouldn't it be interesting if 34 34

1713
00:56:06,840 --> 00:56:09,400
Where's 34?

1714
00:56:09,400 --> 00:56:14,480
There's 33. Where's 34? Here's 34.

1715
00:56:14,480 --> 00:56:17,200
There's 35. All right, here's 34. State

1716
00:56:17,200 --> 00:56:20,560
ex rel. versus Nguyen v. Greer. But I'll

1717
00:56:20,560 --> 00:56:22,320
tell you what, Marbury versus Madison

1718
00:56:22,320 --> 00:56:24,240
comes higher than that, okay?

1719
00:56:24,240 --> 00:56:26,160
All right, 34. Let's go over that again.

1720
00:56:26,160 --> 00:56:27,960
And ineffective for any purpose, since

1721
00:56:27,960 --> 00:56:29,480
the unconstitutionality dates from the

1722
00:56:29,480 --> 00:56:30,920
time of the enactment and not merely

1723
00:56:30,920 --> 00:56:32,280
from the date of the decision so

1724
00:56:32,280 --> 00:56:34,600
branding it. An unconstitutional law in

1725
00:56:34,600 --> 00:56:37,200
legal contemplation is as inoperative as

1726
00:56:37,200 --> 00:56:39,200
if it never had been passed. The Brady

1727
00:56:39,200 --> 00:56:40,120
Bill,

1728
00:56:40,120 --> 00:56:41,840
the crime bill,

1729
00:56:41,840 --> 00:56:45,440
1968 gun control bill, all these bills.

1730
00:56:45,440 --> 00:56:47,320
Such a statute leaves the question that

1731
00:56:47,320 --> 00:56:50,160
it purports to settle just as it would

1732
00:56:50,160 --> 00:56:52,960
be had the statute not ever been

1733
00:56:52,960 --> 00:56:55,320
enacted. Right?

1734
00:56:55,320 --> 00:56:57,400
Let's go on.

1735
00:56:57,400 --> 00:56:59,880
No repeal

1736
00:56:59,880 --> 00:57:02,920
No repeal of an enactment is necessary,

1737
00:57:02,920 --> 00:57:04,680
since an unconstitutional law is void.

1738
00:57:04,680 --> 00:57:06,080
The general principles follows that it

1739
00:57:06,080 --> 00:57:07,840
imposes no duties, confers no rights,

1740
00:57:07,840 --> 00:57:09,720
creates no office, bestows no power or

1741
00:57:09,720 --> 00:57:11,560
authority on anyone, affords no

1742
00:57:11,560 --> 00:57:13,160
protection, and justifies no acts

1743
00:57:13,160 --> 00:57:16,000
performed under it. A contract

1744
00:57:16,000 --> 00:57:17,520
Did everybody pick up on that keyword?

1745
00:57:17,520 --> 00:57:21,400
Contract. A contract which rests on an

1746
00:57:21,400 --> 00:57:24,520
unconstitutional statute creates

1747
00:57:24,520 --> 00:57:26,760
no obligation to be impaired by

1748
00:57:26,760 --> 00:57:29,360
subsequent legislation. No one is bound

1749
00:57:29,360 --> 00:57:30,760
to obey an unconstitutional law. No

1750
00:57:30,760 --> 00:57:32,880
courts are bound to enforce it. Persons

1751
00:57:32,880 --> 00:57:34,400
convicted and fined under a statute

1752
00:57:34,400 --> 00:57:35,800
subsequently held unconstitutional may

1753
00:57:35,800 --> 00:57:38,400
recover the fines paid. A void act

1754
00:57:38,400 --> 00:57:39,920
cannot be legally inconsistent with a

1755
00:57:39,920 --> 00:57:42,000
valid one, and an unconstitutional law

1756
00:57:42,000 --> 00:57:43,920
cannot operate to supersede an existing

1757
00:57:43,920 --> 00:57:45,160
valid law.

1758
00:57:45,160 --> 00:57:47,000
Indeed, in so far as a statute runs

1759
00:57:47,000 --> 00:57:48,680
counter to the fundamental law of the

1760
00:57:48,680 --> 00:57:50,560
land, the Constitution,

1761
00:57:50,560 --> 00:57:52,960
it is superseded thereby. Since an

1762
00:57:52,960 --> 00:57:55,000
unconstitutional statute cannot repeal

1763
00:57:55,000 --> 00:57:57,560
or in any way affect an existing one, if

1764
00:57:57,560 --> 00:57:59,600
a repealing statute is unconstitutional,

1765
00:57:59,600 --> 00:58:01,360
the statute which it attempts to repeal

1766
00:58:01,360 --> 00:58:03,920
remains in full force and effect. And

1767
00:58:03,920 --> 00:58:05,800
where a clause Well, what did I say

1768
00:58:05,800 --> 00:58:07,760
there? It remains in full force and

1769
00:58:07,760 --> 00:58:09,280
effect. Is the Second Amendment in full

1770
00:58:09,280 --> 00:58:11,640
force and effect? You better believe it.

1771
00:58:11,640 --> 00:58:12,800
Okay?

1772
00:58:12,800 --> 00:58:14,040
And what is it they don't understand

1773
00:58:14,040 --> 00:58:16,120
about infringed? And where a statute

1774
00:58:16,120 --> 00:58:17,840
which it attempts to repeal remains in

1775
00:58:17,840 --> 00:58:19,400
full force and effect, and where a

1776
00:58:19,400 --> 00:58:21,600
clause repealing a prior law is inserted

1777
00:58:21,600 --> 00:58:23,520
in the act, which act is

1778
00:58:23,520 --> 00:58:25,440
unconstitutional and void, the provision

1779
00:58:25,440 --> 00:58:27,240
of the repeal of the prior law will

1780
00:58:27,240 --> 00:58:29,200
usually fall with it,

1781
00:58:29,200 --> 00:58:31,440
and will not be permitted to operate as

1782
00:58:31,440 --> 00:58:33,120
repealing such prior law. In other

1783
00:58:33,120 --> 00:58:35,560
words, the law stands always, the real

1784
00:58:35,560 --> 00:58:37,560
law, the Constitution. The general

1785
00:58:37,560 --> 00:58:39,480
principles stated above apply to the

1786
00:58:39,480 --> 00:58:41,280
constitutions as well as to the laws of

1787
00:58:41,280 --> 00:58:43,080
several states in so far as they are

1788
00:58:43,080 --> 00:58:44,600
repugnant

1789
00:58:44,600 --> 00:58:46,040
to the Constitution and the laws of the

1790
00:58:46,040 --> 00:58:48,080
United States. And let's see if 54 will

1791
00:58:48,080 --> 00:58:49,880
confirm.

1792
00:58:49,880 --> 00:58:51,600
Kuhn versus Berry, but I can tell you

1793
00:58:51,600 --> 00:58:53,320
Marbury versus Madison is higher than

1794
00:58:53,320 --> 00:58:54,520
that, but I'd be willing to bet you they

1795
00:58:54,520 --> 00:58:56,840
cited Marbury in that.

1796
00:58:56,840 --> 00:59:01,440
Moreover, a construction of a statute

1797
00:59:01,440 --> 00:59:03,640
a construction of a statute which brings

1798
00:59:03,640 --> 00:59:06,320
in conflict with a constitution will

1799
00:59:06,320 --> 00:59:09,560
nullify it as effectively as if it had

1800
00:59:09,560 --> 00:59:11,480
in its expressed terms been enacted in

1801
00:59:11,480 --> 00:59:13,600
conflict therewith. So,

1802
00:59:13,600 --> 00:59:15,120
anything passed in conflict with the

1803
00:59:15,120 --> 00:59:16,920
United States Constitution is clearly

1804
00:59:16,920 --> 00:59:18,920
unconstitutional. It doesn't take a

1805
00:59:18,920 --> 00:59:20,960
college professor graduating magnum

1806
00:59:20,960 --> 00:59:22,360
laude from Harvard to figure these

1807
00:59:22,360 --> 00:59:23,680
things out.

1808
00:59:23,680 --> 00:59:25,360
All you have to do is read. That's why

1809
00:59:25,360 --> 00:59:27,680
God gave you eyes now.

1810
00:59:27,680 --> 00:59:29,320
The actual existence Well, let's go to

1811
00:59:29,320 --> 00:59:32,880
257. 257, same book, 16th Am Jur

1812
00:59:32,880 --> 00:59:34,400
Prudence.

1813
00:59:34,400 --> 00:59:36,240
The actual existence of a statute prior

1814
00:59:36,240 --> 00:59:37,400
to determination that it is

1815
00:59:37,400 --> 00:59:41,160
unconstitutional is an in as is an

1816
00:59:41,160 --> 00:59:42,800
operative fact

1817
00:59:42,800 --> 00:59:45,080
and may have consequences which cannot

1818
00:59:45,080 --> 00:59:46,920
justify

1819
00:59:46,920 --> 00:59:49,240
being ignored when a statute which has

1820
00:59:49,240 --> 00:59:51,680
been in effect for some time is declared

1821
00:59:51,680 --> 00:59:53,400
unconstitutional. Questions of rights

1822
00:59:53,400 --> 00:59:55,960
claimed to have become vested

1823
00:59:55,960 --> 00:59:57,800
of status

1824
00:59:57,800 --> 00:59:59,960
of prior determinations deemed to have

1825
00:59:59,960 --> 01:00:02,720
finality and acted upon accordingly

1826
01:00:02,720 --> 01:00:04,400
of prior determinations deemed to have

1827
01:00:04,400 --> 01:00:06,240
finality and acted upon accordingly and

1828
01:00:06,240 --> 01:00:08,080
of public policy in the light of the

1829
01:00:08,080 --> 01:00:10,480
nature both of the statute

1830
01:00:10,480 --> 01:00:13,120
and of its previous application demand

1831
01:00:13,120 --> 01:00:15,200
examination.

1832
01:00:15,200 --> 01:00:18,200
All right. It has been said that

1833
01:00:18,200 --> 01:00:20,280
an all-inclusive statement of the

1834
01:00:20,280 --> 01:00:22,120
principle of absolute retroactive

1835
01:00:22,120 --> 01:00:24,560
invalidity cannot be justified. I would

1836
01:00:24,560 --> 01:00:26,640
say it would be ex post facto.

1837
01:00:26,640 --> 01:00:28,640
An unconstitutional statute is not

1838
01:00:28,640 --> 01:00:31,360
necessarily a nullity. It may have

1839
01:00:31,360 --> 01:00:33,600
indeterminate consequences binding upon

1840
01:00:33,600 --> 01:00:35,400
the people, all right?

1841
01:00:35,400 --> 01:00:36,840
So, you have to pay attention to what's

1842
01:00:36,840 --> 01:00:38,480
going on.

1843
01:00:38,480 --> 01:00:39,960
Now, let's get a few more and we're out

1844
01:00:39,960 --> 01:00:41,680
of here.

1845
01:00:41,680 --> 01:00:44,520
Section 258, I'm just going to read the

1846
01:00:44,520 --> 01:00:46,640
important section here. On the other

1847
01:00:46,640 --> 01:00:48,440
hand, it is clear that Congress cannot

1848
01:00:48,440 --> 01:00:50,400
by authorization or ratification give

1849
01:00:50,400 --> 01:00:53,040
the slightest effect to a state law or

1850
01:00:53,040 --> 01:00:55,120
constitution which is in conflict with

1851
01:00:55,120 --> 01:01:00,710
the Constitution of the United States.

1852
01:01:00,720 --> 01:01:03,000
Does that make sense to you?

1853
01:01:03,000 --> 01:01:06,440
In reality it would be what? A nullity.

1854
01:01:06,440 --> 01:01:08,360
Why? Cuz it's in conflict or repugnancy.

1855
01:01:08,360 --> 01:01:10,000
It'd be in violation of Marbury versus

1856
01:01:10,000 --> 01:01:11,600
Madison, all right? Now, are you

1857
01:01:11,600 --> 01:01:13,200
starting to see the gist of what's going

1858
01:01:13,200 --> 01:01:14,720
on here? There's just one more, I think,

1859
01:01:14,720 --> 01:01:16,320
and we're out of here.

1860
01:01:16,320 --> 01:01:18,880
All right. Section 260 of the same 16th

1861
01:01:18,880 --> 01:01:20,280
Am Jur Prudence.

1862
01:01:20,280 --> 01:01:21,440
Now, folks, head down to the law

1863
01:01:21,440 --> 01:01:22,640
library.

1864
01:01:22,640 --> 01:01:24,160
The books are usually green or red in

1865
01:01:24,160 --> 01:01:26,280
color. They're kind of thick.

1866
01:01:26,280 --> 01:01:28,160
Ask the librarian where Am Jur is

1867
01:01:28,160 --> 01:01:30,080
prudent second is stored. Run over

1868
01:01:30,080 --> 01:01:31,880
there, grab the 16 volume, start at

1869
01:01:31,880 --> 01:01:33,200
section one and just start paging

1870
01:01:33,200 --> 01:01:34,800
through to say at section 300. I'm

1871
01:01:34,800 --> 01:01:36,960
telling you, you won't believe it.

1872
01:01:36,960 --> 01:01:39,080
We're going to look at section 260.

1873
01:01:39,080 --> 01:01:40,760
Although it is manifest that an

1874
01:01:40,760 --> 01:01:42,200
unconstitutional provision in the

1875
01:01:42,200 --> 01:01:46,040
statute is not cured because included in

1876
01:01:46,040 --> 01:01:49,160
the same act with valid provisions and

1877
01:01:49,160 --> 01:01:50,680
that there are no degrees of

1878
01:01:50,680 --> 01:01:52,400
constitutionality.

1879
01:01:52,400 --> 01:01:53,080
In other words, it's either

1880
01:01:53,080 --> 01:01:55,160
constitutional or it's unconstitutional.

1881
01:01:55,160 --> 01:01:56,800
There's nothing like kind of like half

1882
01:01:56,800 --> 01:01:58,160
pregnant. There's no such thing, all

1883
01:01:58,160 --> 01:01:59,560
right?

1884
01:01:59,560 --> 01:02:02,440
So that an act is either constitutional

1885
01:02:02,440 --> 01:02:05,440
or it is unconstitutional, okay? So if

1886
01:02:05,440 --> 01:02:07,640
you got statute here and most of it's

1887
01:02:07,640 --> 01:02:09,000
constitutional and a part of it's

1888
01:02:09,000 --> 01:02:10,640
unconstitutional, guess what? It's all

1889
01:02:10,640 --> 01:02:13,000
unconstitutional.

1890
01:02:13,000 --> 01:02:15,240
So what we got here is a crime bill and

1891
01:02:15,240 --> 01:02:16,920
we got part of it is constitutional and

1892
01:02:16,920 --> 01:02:18,160
part of it's unconstitutional.

1893
01:02:18,160 --> 01:02:19,600
Obviously, they had no authority under

1894
01:02:19,600 --> 01:02:21,040
the second amendment to fool around with

1895
01:02:21,040 --> 01:02:22,120
the right of the people to keep and bear

1896
01:02:22,120 --> 01:02:23,120
arms.

1897
01:02:23,120 --> 01:02:24,720
They couldn't demand that the people not

1898
01:02:24,720 --> 01:02:27,200
possess certain firearms.

1899
01:02:27,200 --> 01:02:29,760
So this directly applies to this crime

1900
01:02:29,760 --> 01:02:31,400
bill.

1901
01:02:31,400 --> 01:02:32,920
Obviously, part of the bill is

1902
01:02:32,920 --> 01:02:34,400
constitutional and the other part is not

1903
01:02:34,400 --> 01:02:35,600
constitutional. So what is the end

1904
01:02:35,600 --> 01:02:36,440
result? The whole bill is

1905
01:02:36,440 --> 01:02:38,080
unconstitutional. Does everybody see

1906
01:02:38,080 --> 01:02:40,400
that?

1907
01:02:40,400 --> 01:02:41,800
Excuse me. Now I want you to start

1908
01:02:41,800 --> 01:02:42,960
looking at these things and I want you

1909
01:02:42,960 --> 01:02:44,360
to start hammering these guys and don't

1910
01:02:44,360 --> 01:02:46,440
let these guys pull this kind of stuff.

1911
01:02:46,440 --> 01:02:48,040
Hook them.

1912
01:02:48,040 --> 01:02:50,720
Over there in column, say uh

1913
01:02:50,720 --> 01:02:52,160
Hey Charlie, won't you step over here

1914
01:02:52,160 --> 01:02:53,120
for a minute? I want to check out

1915
01:02:53,120 --> 01:02:55,280
something here.

1916
01:02:55,280 --> 01:02:56,360
I mean, you would if they had your

1917
01:02:56,360 --> 01:02:58,000
wallet.

1918
01:02:58,000 --> 01:02:59,000
Wouldn't you?

1919
01:02:59,000 --> 01:03:00,680
Does that make sense to you?

1920
01:03:00,680 --> 01:03:02,000
Now we're going to get into a new unique

1921
01:03:02,000 --> 01:03:04,790
argument here.

1922
01:03:04,800 --> 01:03:06,320
For the last half hour, I've been trying

1923
01:03:06,320 --> 01:03:09,920
to hammer home the power of this book.

1924
01:03:09,920 --> 01:03:11,560
This book right here.

1925
01:03:11,560 --> 01:03:12,680
See?

1926
01:03:12,680 --> 01:03:14,440
I'm trying to hammer home the power of

1927
01:03:14,440 --> 01:03:16,960
this book to teach you that

1928
01:03:16,960 --> 01:03:19,160
this is the most valuable book in your

1929
01:03:19,160 --> 01:03:20,480
whole life.

1930
01:03:20,480 --> 01:03:22,120
If you know what's in this book, I am

1931
01:03:22,120 --> 01:03:24,160
telling you,

1932
01:03:24,160 --> 01:03:27,200
you are in full possession of your

1933
01:03:27,200 --> 01:03:29,040
American citizenship. If you don't know

1934
01:03:29,040 --> 01:03:30,560
what's in this book,

1935
01:03:30,560 --> 01:03:32,560
I am telling you,

1936
01:03:32,560 --> 01:03:34,960
you're going to be a slave, subject to

1937
01:03:34,960 --> 01:03:37,760
the whim of extrajudicial people

1938
01:03:37,760 --> 01:03:39,360
who want to tell you what to do, when to

1939
01:03:39,360 --> 01:03:40,680
do it, how to do it, and how high to

1940
01:03:40,680 --> 01:03:42,000
pack.

1941
01:03:42,000 --> 01:03:44,080
Now, my honest philosophy to you is, as

1942
01:03:44,080 --> 01:03:46,200
a kindness and a Christian to you, I

1943
01:03:46,200 --> 01:03:48,040
tell you, where in this book, just like

1944
01:03:48,040 --> 01:03:56,190
you would your

1945
01:03:56,200 --> 01:03:58,440
your rights? I love it when these guys

1946
01:03:58,440 --> 01:04:00,600
tell me I don't have any rights.

1947
01:04:00,600 --> 01:04:01,920
I say, "Well, if you believe that, let's

1948
01:04:01,920 --> 01:04:03,640
go to court.

1949
01:04:03,640 --> 01:04:05,120
And on the end of the day, we'll see who

1950
01:04:05,120 --> 01:04:06,600
owns who."

1951
01:04:06,600 --> 01:04:07,840
But, I'm going to tell you right now, if

1952
01:04:07,840 --> 01:04:09,240
you violate any of my constitutional

1953
01:04:09,240 --> 01:04:10,640
rights,

1954
01:04:10,640 --> 01:04:12,320
I will sue your socks off, and I will

1955
01:04:12,320 --> 01:04:13,680
attach everything you own, bank,

1956
01:04:13,680 --> 01:04:15,360
business, and home.

1957
01:04:15,360 --> 01:04:17,240
And I'm telling you, I'm the one your

1958
01:04:17,240 --> 01:04:19,080
mama warned you about, so you damn well

1959
01:04:19,080 --> 01:04:20,440
better listen.

1960
01:04:20,440 --> 01:04:23,200
Do not violate my rights, cuz I will

1961
01:04:23,200 --> 01:04:25,480
come after you, and I will take care of

1962
01:04:25,480 --> 01:04:26,600
business, and I will do what is

1963
01:04:26,600 --> 01:04:28,200
necessary and proper, and I will pull

1964
01:04:28,200 --> 01:04:29,920
every stop out, and I will go dig up

1965
01:04:29,920 --> 01:04:31,720
every nut, bolt, and screw, and when

1966
01:04:31,720 --> 01:04:34,160
it's done, you will find out you messed

1967
01:04:34,160 --> 01:04:35,680
with the wrong American, cuz this

1968
01:04:35,680 --> 01:04:37,680
American is not going to back down.

1969
01:04:37,680 --> 01:04:38,640
Okay?

1970
01:04:38,640 --> 01:04:39,960
Now, we're going to get into a real

1971
01:04:39,960 --> 01:04:41,680
special argument. Now, this argument has

1972
01:04:41,680 --> 01:04:43,480
taken almost 18 and 1/2 years to

1973
01:04:43,480 --> 01:04:47,430
develop, so I want you to pay attention.

1974
01:04:47,440 --> 01:04:52,190
Excuse me a second here. This argument

1975
01:04:52,200 --> 01:04:54,760
is a unique concept

1976
01:04:54,760 --> 01:04:57,760
that has been honed like a razor

1977
01:04:57,760 --> 01:04:59,720
to a very meticulous edge, so that you

1978
01:04:59,720 --> 01:05:02,200
can understand

1979
01:05:02,200 --> 01:05:04,200
what's going on.

1980
01:05:04,200 --> 01:05:05,840
Obviously, we have established clearly

1981
01:05:05,840 --> 01:05:07,720
that you have a constitutional right.

1982
01:05:07,720 --> 01:05:09,200
And obviously, we have established that

1983
01:05:09,200 --> 01:05:11,120
you are the beneficiary of the contract,

1984
01:05:11,120 --> 01:05:12,080
and we have established that the

1985
01:05:12,080 --> 01:05:13,760
Constitution is a contract in writing

1986
01:05:13,760 --> 01:05:15,560
enforceable in the court of law, and we

1987
01:05:15,560 --> 01:05:16,840
have established that you have a right

1988
01:05:16,840 --> 01:05:18,520
to claim specific performance on the

1989
01:05:18,520 --> 01:05:19,800
contract.

1990
01:05:19,800 --> 01:05:21,040
And we have established that it's

1991
01:05:21,040 --> 01:05:22,320
supposed to be interpreted in your

1992
01:05:22,320 --> 01:05:23,680
favor. So, if you got an honest

1993
01:05:23,680 --> 01:05:25,200
constitutional belief, they have to

1994
01:05:25,200 --> 01:05:26,240
listen.

1995
01:05:26,240 --> 01:05:29,080
Now, let's take that to the next step.

1996
01:05:29,080 --> 01:05:31,400
The next step is can a state arbitrarily

1997
01:05:31,400 --> 01:05:32,960
and erroneously convert your right into

1998
01:05:32,960 --> 01:05:34,360
a privilege and issue a license and a

1999
01:05:34,360 --> 01:05:35,680
fee for it.

2000
01:05:35,680 --> 01:05:37,280
Now, uh I don't know if you Can you see

2001
01:05:37,280 --> 01:05:39,280
this pretty clearly? This uh right here?

2002
01:05:39,280 --> 01:05:40,160
Pretty clear.

2003
01:05:40,160 --> 01:05:42,040
All right. Let's start start with here.

2004
01:05:42,040 --> 01:05:43,320
We're going to start walking down this

2005
01:05:43,320 --> 01:05:47,070
sheet. Okay?

2006
01:05:47,080 --> 01:05:49,120
Murdock versus Pennsylvania, US Supreme

2007
01:05:49,120 --> 01:05:50,200
Court.

2008
01:05:50,200 --> 01:05:51,520
Now, when you want to go into the law

2009
01:05:51,520 --> 01:05:52,560
library and you want to look up

2010
01:05:52,560 --> 01:05:55,230
something,

2011
01:05:55,240 --> 01:05:57,920
what you want to do is understand that

2012
01:05:57,920 --> 01:06:00,720
Supreme Court is Trump, okay?

2013
01:06:00,720 --> 01:06:02,240
That's the clearest way I can explain it

2014
01:06:02,240 --> 01:06:03,320
to you.

2015
01:06:03,320 --> 01:06:04,880
If you got a Supreme Court case that

2016
01:06:04,880 --> 01:06:07,800
trumps a a district court, that trumps a

2017
01:06:07,800 --> 01:06:09,520
court of appeals, that trumps a state

2018
01:06:09,520 --> 01:06:11,480
court, that trumps everything. So, you

2019
01:06:11,480 --> 01:06:13,160
want to deal with Supreme Court cases as

2020
01:06:13,160 --> 01:06:14,680
best you can.

2021
01:06:14,680 --> 01:06:16,640
Murdock versus Pennsylvania is a unique

2022
01:06:16,640 --> 01:06:19,800
case. It's recorded at 319 US 105.

2023
01:06:19,800 --> 01:06:20,840
That's the

2024
01:06:20,840 --> 01:06:24,120
319th volume of United States Supreme

2025
01:06:24,120 --> 01:06:25,800
Court reports

2026
01:06:25,800 --> 01:06:27,760
on page 105.

2027
01:06:27,760 --> 01:06:29,080
So, when you go to the law library, go

2028
01:06:29,080 --> 01:06:30,760
into US reports,

2029
01:06:30,760 --> 01:06:32,040
ask the little gal there or the little

2030
01:06:32,040 --> 01:06:33,680
guy that's behind the counter, "Where is

2031
01:06:33,680 --> 01:06:35,080
the United States Supreme Court

2032
01:06:35,080 --> 01:06:36,200
reports?" They'll tell you right where

2033
01:06:36,200 --> 01:06:39,320
it is. You grab volume 319, you turn to

2034
01:06:39,320 --> 01:06:41,040
page 105, and it'll give you the case of

2035
01:06:41,040 --> 01:06:43,040
Murdock versus Pennsylvania.

2036
01:06:43,040 --> 01:06:44,600
Murdock versus Pennsylvania is a real

2037
01:06:44,600 --> 01:06:46,560
unique case.

2038
01:06:46,560 --> 01:06:48,440
And I'm I'm I'm telling you to read the

2039
01:06:48,440 --> 01:06:51,350
case.

2040
01:06:51,360 --> 01:06:53,120
You get the case, the judge always likes

2041
01:06:53,120 --> 01:06:55,480
to see that you're ready.

2042
01:06:55,480 --> 01:06:56,920
And I'm going to submit basically the

2043
01:06:56,920 --> 01:06:58,760
case briefly. Basically, it is a

2044
01:06:58,760 --> 01:07:00,800
religious test case

2045
01:07:00,800 --> 01:07:03,120
wherein Jehovah's Witnesses in the in

2046
01:07:03,120 --> 01:07:06,120
the year of 1943 wanted their right to

2047
01:07:06,120 --> 01:07:08,880
be able to go and preach among the

2048
01:07:08,880 --> 01:07:10,480
public cuz that is their right to

2049
01:07:10,480 --> 01:07:12,840
evangelize, okay?

2050
01:07:12,840 --> 01:07:15,720
Pennsylvania in Pennsylvania

2051
01:07:15,720 --> 01:07:17,680
they wanted them to have a license to

2052
01:07:17,680 --> 01:07:19,000
solicit.

2053
01:07:19,000 --> 01:07:21,080
Okay? This is basically the crux of the

2054
01:07:21,080 --> 01:07:22,600
case.

2055
01:07:22,600 --> 01:07:24,520
Now, what happened was

2056
01:07:24,520 --> 01:07:26,160
uh this the Jehovah's Witness claimed

2057
01:07:26,160 --> 01:07:28,320
their First Amendment right of life,

2058
01:07:28,320 --> 01:07:29,600
liberty, and pursuit of happiness, the

2059
01:07:29,600 --> 01:07:32,640
right to worship and and uh exercise

2060
01:07:32,640 --> 01:07:35,800
their religion unencumbered, right?

2061
01:07:35,800 --> 01:07:36,920
And of course, that's one of the

2062
01:07:36,920 --> 01:07:38,760
mainstays that that founded this country

2063
01:07:38,760 --> 01:07:40,480
was the religious freedom.

2064
01:07:40,480 --> 01:07:41,560
Okay?

2065
01:07:41,560 --> 01:07:43,160
And basically, the points on the case

2066
01:07:43,160 --> 01:07:44,960
that are established are a state may not

2067
01:07:44,960 --> 01:07:47,000
impose a charge for the enjoyment of a

2068
01:07:47,000 --> 01:07:48,080
right granted by the Federal

2069
01:07:48,080 --> 01:07:49,800
Constitution.

2070
01:07:49,800 --> 01:07:51,400
And that a flat license tax here

2071
01:07:51,400 --> 01:07:53,280
involved restrains in advance the

2072
01:07:53,280 --> 01:07:55,000
constitutional liberties of press and

2073
01:07:55,000 --> 01:07:56,600
religion and inevitably tends to

2074
01:07:56,600 --> 01:07:58,480
suppress their existence. All right?

2075
01:07:58,480 --> 01:08:00,040
Let's pull that over there.

2076
01:08:00,040 --> 01:08:02,640
Everybody see that?

2077
01:08:02,640 --> 01:08:05,080
Okay?

2078
01:08:05,080 --> 01:08:07,080
All right? I'll start again. A state may

2079
01:08:07,080 --> 01:08:09,800
not impose a charge for the enjoyment of

2080
01:08:09,800 --> 01:08:11,200
a right granted by the Federal

2081
01:08:11,200 --> 01:08:12,920
Constitution.

2082
01:08:12,920 --> 01:08:14,800
And that a flat license tax here

2083
01:08:14,800 --> 01:08:17,080
involved restrains in advance the

2084
01:08:17,080 --> 01:08:18,839
constitutional liberties of the press

2085
01:08:18,839 --> 01:08:20,759
and religion and inevitably tends to

2086
01:08:20,759 --> 01:08:23,600
suppress the exercise thereof. That the

2087
01:08:23,600 --> 01:08:25,640
ordinance is non-discriminatory and that

2088
01:08:25,640 --> 01:08:27,720
it applies also to peddlers of wares and

2089
01:08:27,720 --> 01:08:30,000
merchandise is immaterial. The liberties

2090
01:08:30,000 --> 01:08:32,520
granted by the First Amendment are and

2091
01:08:32,520 --> 01:08:34,839
in a preferred position. Since the

2092
01:08:34,839 --> 01:08:36,560
privilege in question is guaranteed by

2093
01:08:36,560 --> 01:08:38,080
the Federal Constitution and exist

2094
01:08:38,080 --> 01:08:40,520
independently of a state's authority,

2095
01:08:40,520 --> 01:08:42,359
the inquiry as to whether the state has

2096
01:08:42,359 --> 01:08:45,359
given something for which it cannot ask

2097
01:08:45,359 --> 01:08:48,160
a return is irrelevant.

2098
01:08:48,160 --> 01:08:49,160
All right?

2099
01:08:49,160 --> 01:08:52,240
No state may convert a secured liberty

2100
01:08:52,240 --> 01:08:54,240
into a privilege and issue a license and

2101
01:08:54,240 --> 01:08:56,000
a fee for it. Now, a lot of people come

2102
01:08:56,000 --> 01:08:57,319
back to me and say, "Well, I'm not a

2103
01:08:57,319 --> 01:08:58,880
Jehovah's Witness, so that case doesn't

2104
01:08:58,880 --> 01:09:01,640
apply to me." I I you to reach.

2105
01:09:01,640 --> 01:09:03,319
I want you to understand we're not

2106
01:09:03,319 --> 01:09:04,839
talking about whether you're a Jehovah's

2107
01:09:04,839 --> 01:09:06,400
Witness here. What we're talking about

2108
01:09:06,400 --> 01:09:07,880
here is are you an American and do you

2109
01:09:07,880 --> 01:09:09,520
have rights?

2110
01:09:09,520 --> 01:09:11,240
What they are talking about here is that

2111
01:09:11,240 --> 01:09:13,400
these Jehovah's Witness people exercise

2112
01:09:13,400 --> 01:09:15,440
their rights timely. That they had a

2113
01:09:15,440 --> 01:09:17,720
right to worship and exercise and and

2114
01:09:17,720 --> 01:09:20,400
and worship their God and evangelize as

2115
01:09:20,400 --> 01:09:21,960
they chose and that the state came in

2116
01:09:21,960 --> 01:09:23,560
and arbitrarily converted that right

2117
01:09:23,560 --> 01:09:25,160
into a privilege and issued a license

2118
01:09:25,160 --> 01:09:27,040
and a fee for it. That is totally

2119
01:09:27,040 --> 01:09:29,480
unconstitutional. Now, we took that case

2120
01:09:29,480 --> 01:09:31,600
as a pioneering case

2121
01:09:31,600 --> 01:09:33,279
and we argued that case for all of your

2122
01:09:33,279 --> 01:09:35,240
constitutional rights.

2123
01:09:35,240 --> 01:09:37,759
All you need to do is keep in mind that

2124
01:09:37,759 --> 01:09:39,000
you are an American and you have

2125
01:09:39,000 --> 01:09:40,319
constitutional rights. Number one.

2126
01:09:40,319 --> 01:09:42,279
Number two, you have to keep in mind

2127
01:09:42,279 --> 01:09:43,920
what right? Can you pull a right out of

2128
01:09:43,920 --> 01:09:46,279
the Constitution?

2129
01:09:46,279 --> 01:09:47,440
If you can pull a right out of the

2130
01:09:47,440 --> 01:09:48,600
Constitution and I'll give you an

2131
01:09:48,600 --> 01:09:50,000
example. How about the right to travel

2132
01:09:50,000 --> 01:09:51,279
freely and unencumbered pursuant to

2133
01:09:51,279 --> 01:09:52,600
Shapiro versus Thompson and we'll get

2134
01:09:52,600 --> 01:09:54,160
into that. How about the right to keep

2135
01:09:54,160 --> 01:09:56,680
and bear arms, right? Does a state have

2136
01:09:56,680 --> 01:09:58,520
a right to require license and a fee for

2137
01:09:58,520 --> 01:10:00,400
the exercise of the right? And if they

2138
01:10:00,400 --> 01:10:01,760
do, can you ignore the license and the

2139
01:10:01,760 --> 01:10:05,320
fee? We'll get into that. Now, obviously

2140
01:10:05,320 --> 01:10:07,640
in this case, it's clearly established

2141
01:10:07,640 --> 01:10:10,360
and this is the premise of this case.

2142
01:10:10,360 --> 01:10:14,520
No state may convert a secured liberty

2143
01:10:14,520 --> 01:10:16,360
into a privilege,

2144
01:10:16,360 --> 01:10:19,120
issue a license and a fee for it

2145
01:10:19,120 --> 01:10:22,000
and require you to have that.

2146
01:10:22,000 --> 01:10:23,960
Otherwise, you committed a crime. That's

2147
01:10:23,960 --> 01:10:26,800
totally 100% unconstitutional. I want

2148
01:10:26,800 --> 01:10:28,680
that to get across real clear.

2149
01:10:28,680 --> 01:10:30,240
Now, let's jump to the next case. By the

2150
01:10:30,240 --> 01:10:33,880
way, Murdock is recorded at 319. That's

2151
01:10:33,880 --> 01:10:36,640
the 319 volume.

2152
01:10:36,640 --> 01:10:38,960
U.S. Reports page 105. We'll start the

2153
01:10:38,960 --> 01:10:41,080
case. All right? Go read the case

2154
01:10:41,080 --> 01:10:42,600
though. Make sure you read the case. I

2155
01:10:42,600 --> 01:10:44,120
don't want anybody to come up and tell

2156
01:10:44,120 --> 01:10:45,760
me they didn't read the case cuz I'm a

2157
01:10:45,760 --> 01:10:47,120
I'm going to get on you.

2158
01:10:47,120 --> 01:10:48,520
You're not following. That's failure to

2159
01:10:48,520 --> 01:10:50,760
follow instructions.

2160
01:10:50,760 --> 01:10:52,320
Okay? Now,

2161
01:10:52,320 --> 01:10:53,800
we're going to walk down the next step

2162
01:10:53,800 --> 01:10:56,120
of this case. We we took care of Murdock

2163
01:10:56,120 --> 01:10:57,880
here. Let's go to Shuttleworth versus

2164
01:10:57,880 --> 01:11:00,280
Birmingham, Alabama, which is recorded

2165
01:11:00,280 --> 01:11:03,720
at volume 373 in the same US reports.

2166
01:11:03,720 --> 01:11:07,480
You go to volume 373, turn to page 262.

2167
01:11:07,480 --> 01:11:09,160
When we go to Shuttleworth versus

2168
01:11:09,160 --> 01:11:12,390
Birmingham, Alabama,

2169
01:11:12,400 --> 01:11:14,480
this is another unique religious case,

2170
01:11:14,480 --> 01:11:16,360
okay?

2171
01:11:16,360 --> 01:11:20,000
In this case, six ministers

2172
01:11:20,000 --> 01:11:24,830
were accused, excuse me,

2173
01:11:24,840 --> 01:11:26,960
of inciting to riot and otherwise

2174
01:11:26,960 --> 01:11:28,840
created disturbance and disturbed the

2175
01:11:28,840 --> 01:11:31,360
peace, okay? They had a sit-down. This

2176
01:11:31,360 --> 01:11:35,790
case came down in 1962.

2177
01:11:35,800 --> 01:11:37,560
And what happened was they said they

2178
01:11:37,560 --> 01:11:40,120
needed to have a license to

2179
01:11:40,120 --> 01:11:42,680
to have a public uh

2180
01:11:42,680 --> 01:11:45,520
gathering, okay?

2181
01:11:45,520 --> 01:11:46,800
And what happened was it went to the

2182
01:11:46,800 --> 01:11:48,360
Supreme Court. The Supreme Court says,

2183
01:11:48,360 --> 01:11:50,040
"No, no, no, you don't need to have a

2184
01:11:50,040 --> 01:11:52,400
license for the exercise of a First

2185
01:11:52,400 --> 01:11:54,800
Amendment right to freely assemble."

2186
01:11:54,800 --> 01:11:56,360
Okay?

2187
01:11:56,360 --> 01:11:58,000
Right, basically the the gist of the

2188
01:11:58,000 --> 01:11:59,880
case is uh

2189
01:11:59,880 --> 01:12:01,440
the Negro ministers were convicted in

2190
01:12:01,440 --> 01:12:03,000
Alabama state court of aiding and

2191
01:12:03,000 --> 01:12:04,280
abetting in violation of criminal

2192
01:12:04,280 --> 01:12:05,720
trespass ordinance in Birmingham,

2193
01:12:05,720 --> 01:12:07,480
Alabama. The only evidence against them

2194
01:12:07,480 --> 01:12:10,320
was to the effect that they had incited

2195
01:12:10,320 --> 01:12:11,920
10 Negro students to engage in a

2196
01:12:11,920 --> 01:12:13,800
sit-down demonstration in a white lunch

2197
01:12:13,800 --> 01:12:15,520
counter. Actually, there were six

2198
01:12:15,520 --> 01:12:17,960
ministers, but only two got charged. As

2199
01:12:17,960 --> 01:12:19,280
a protest against the racial

2200
01:12:19,280 --> 01:12:20,920
segregation.

2201
01:12:20,920 --> 01:12:22,360
And they cite other cases. A lot of

2202
01:12:22,360 --> 01:12:23,960
times you can find other cases in these

2203
01:12:23,960 --> 01:12:25,320
cases. In Gober versus City of

2204
01:12:25,320 --> 01:12:26,880
Birmingham, Alabama, this court today

2205
01:12:26,880 --> 01:12:28,960
holds on the authority of Peterson

2206
01:12:28,960 --> 01:12:31,040
versus City of Greenville,

2207
01:12:31,040 --> 01:12:32,480
that the convictions of those 10

2208
01:12:32,480 --> 01:12:33,840
students for criminal trespass were

2209
01:12:33,840 --> 01:12:36,040
constitutionally invalid. Since those

2210
01:12:36,040 --> 01:12:37,920
convictions have been set aside, it

2211
01:12:37,920 --> 01:12:39,960
follows that these petitioners did not

2212
01:12:39,960 --> 01:12:42,840
incite or aid and abet any crime, and

2213
01:12:42,840 --> 01:12:44,640
that therefore the convictions of these

2214
01:12:44,640 --> 01:12:46,800
petitioners must be set aside. Now,

2215
01:12:46,800 --> 01:12:48,680
basically what they were claiming is

2216
01:12:48,680 --> 01:12:50,000
their constitutional right to freely

2217
01:12:50,000 --> 01:12:52,240
assemble. The cities was claiming that

2218
01:12:52,240 --> 01:12:54,120
they had to have a license to put on a

2219
01:12:54,120 --> 01:12:56,440
demonstration, which they didn't have,

2220
01:12:56,440 --> 01:12:57,480
and they were charging them with a

2221
01:12:57,480 --> 01:13:00,360
criminal trespass for not having a valid

2222
01:13:00,360 --> 01:13:03,800
license to freely assemble and or

2223
01:13:03,800 --> 01:13:05,520
protest, okay?

2224
01:13:05,520 --> 01:13:08,960
Now, the gist of this case

2225
01:13:08,960 --> 01:13:10,360
I want you to see the significance of

2226
01:13:10,360 --> 01:13:12,360
this case in view of the second of the

2227
01:13:12,360 --> 01:13:14,480
next the case we gave you before that.

2228
01:13:14,480 --> 01:13:16,120
Murdock versus Pennsylvania clearly

2229
01:13:16,120 --> 01:13:17,560
established that no state could convert

2230
01:13:17,560 --> 01:13:18,880
a secured liberty into a privilege and

2231
01:13:18,880 --> 01:13:20,400
issue a license and a fee for it. Does

2232
01:13:20,400 --> 01:13:22,680
everybody got that? Shuttleworth versus

2233
01:13:22,680 --> 01:13:24,280
Birmingham, Alabama said that if the

2234
01:13:24,280 --> 01:13:26,040
state does convert your right into a

2235
01:13:26,040 --> 01:13:27,560
privilege and issue a license and a fee

2236
01:13:27,560 --> 01:13:28,960
for it, you can ignore the license and a

2237
01:13:28,960 --> 01:13:29,960
fee and engage in the right with

2238
01:13:29,960 --> 01:13:31,360
impunity. That means they can't punish

2239
01:13:31,360 --> 01:13:33,000
you. They got to let you go.

2240
01:13:33,000 --> 01:13:34,960
All right? Does everybody see that? It's

2241
01:13:34,960 --> 01:13:36,720
very important that you understand first

2242
01:13:36,720 --> 01:13:38,160
your Constitution is the supreme law of

2243
01:13:38,160 --> 01:13:40,160
the land and that you have that right.

2244
01:13:40,160 --> 01:13:41,520
And that that right shall not be

2245
01:13:41,520 --> 01:13:43,040
infringed and is supposed to be enforced

2246
01:13:43,040 --> 01:13:44,360
in favor of you, the declaring tenant

2247
01:13:44,360 --> 01:13:46,240
and expressly designated beneficiary.

2248
01:13:46,240 --> 01:13:47,600
It's very important that you understand

2249
01:13:47,600 --> 01:13:49,000
that no state may convert that right

2250
01:13:49,000 --> 01:13:50,600
into a privilege and issue a license and

2251
01:13:50,600 --> 01:13:52,080
a fee for it. And if they do,

2252
01:13:52,080 --> 01:13:53,880
Shuttleworth versus Birmingham, Alabama

2253
01:13:53,880 --> 01:13:55,200
says you can ignore the license and

2254
01:13:55,200 --> 01:13:56,560
engage in the right with impunity. That

2255
01:13:56,560 --> 01:13:58,760
means they can't punish you.

2256
01:13:58,760 --> 01:14:01,080
Now, the next case is very important and

2257
01:14:01,080 --> 01:14:02,360
it's very important that you see the

2258
01:14:02,360 --> 01:14:03,640
argument.

2259
01:14:03,640 --> 01:14:04,880
Okay?

2260
01:14:04,880 --> 01:14:06,880
That's United States versus Bishop.

2261
01:14:06,880 --> 01:14:09,560
That's 412 volume 412 United States

2262
01:14:09,560 --> 01:14:13,480
reports. This is page 346.

2263
01:14:13,480 --> 01:14:16,470
We come down here.

2264
01:14:16,480 --> 01:14:18,520
United States versus Bishop is a very

2265
01:14:18,520 --> 01:14:21,240
unique case.

2266
01:14:21,240 --> 01:14:23,640
Basically, what Bishop does is it sets a

2267
01:14:23,640 --> 01:14:25,640
standard for what constitutes a criminal

2268
01:14:25,640 --> 01:14:29,800
violation in terms of willful intent,

2269
01:14:29,800 --> 01:14:31,320
okay?

2270
01:14:31,320 --> 01:14:33,440
Willfulness is is one of the major

2271
01:14:33,440 --> 01:14:36,320
elements that is required to be proven

2272
01:14:36,320 --> 01:14:38,080
in any criminal element. You have to

2273
01:14:38,080 --> 01:14:39,720
prove one that you're the party, two

2274
01:14:39,720 --> 01:14:41,560
that you had a method or an opportunity

2275
01:14:41,560 --> 01:14:43,680
to do the thing, and third that you did

2276
01:14:43,680 --> 01:14:46,120
so with a willful intent. Now, when we

2277
01:14:46,120 --> 01:14:47,600
get to willful intent, willful is

2278
01:14:47,600 --> 01:14:49,360
defined as an evil motive or intent to

2279
01:14:49,360 --> 01:14:51,080
avoid a known duty or task under the law

2280
01:14:51,080 --> 01:14:52,760
with a moral certainty.

2281
01:14:52,760 --> 01:14:54,640
Obviously, in the previous two cases,

2282
01:14:54,640 --> 01:14:56,960
you have decided that you have relied on

2283
01:14:56,960 --> 01:15:00,120
the United States Constitution.

2284
01:15:00,120 --> 01:15:02,000
And you have relied on decisions of the

2285
01:15:02,000 --> 01:15:05,710
United States Supreme Court.

2286
01:15:05,720 --> 01:15:07,960
So, could you have willfully done any

2287
01:15:07,960 --> 01:15:11,200
deed or crime? Obviously not. So, guess

2288
01:15:11,200 --> 01:15:13,240
what? This case stipulates that you have

2289
01:15:13,240 --> 01:15:14,680
a perfect defense to the element of

2290
01:15:14,680 --> 01:15:17,160
willfulness. All right? Since the burden

2291
01:15:17,160 --> 01:15:18,680
on the prosecution is to prove that you

2292
01:15:18,680 --> 01:15:20,040
did willfully and knowingly avoid a

2293
01:15:20,040 --> 01:15:21,560
known duty or task under the law with a

2294
01:15:21,560 --> 01:15:23,360
moral certainty, he cannot perform that

2295
01:15:23,360 --> 01:15:25,240
task, can he? Because it's obviously you

2296
01:15:25,240 --> 01:15:27,800
have a constitutional immunity to that.

2297
01:15:27,800 --> 01:15:29,320
The previous case, Shuttlesworth versus

2298
01:15:29,320 --> 01:15:30,640
Birmingham, Alabama, said they couldn't

2299
01:15:30,640 --> 01:15:32,240
even punish you.

2300
01:15:32,240 --> 01:15:33,480
The case before that said you didn't

2301
01:15:33,480 --> 01:15:35,040
need a license for the exercise of a

2302
01:15:35,040 --> 01:15:36,720
right. And the case before that said

2303
01:15:36,720 --> 01:15:38,160
your constitutional right is supreme

2304
01:15:38,160 --> 01:15:39,800
over any state law. So, if they pass the

2305
01:15:39,800 --> 01:15:41,600
law in violation of your Constitution,

2306
01:15:41,600 --> 01:15:43,120
the Constitution overwhelms the state

2307
01:15:43,120 --> 01:15:44,600
law. So, the law doesn't even exist in

2308
01:15:44,600 --> 01:15:47,040
law. Does everybody see that? Now, since

2309
01:15:47,040 --> 01:15:48,800
the prosecutor does not have a cause of

2310
01:15:48,800 --> 01:15:50,200
action for which relief can be granted,

2311
01:15:50,200 --> 01:15:51,960
Your Honor, may it please the court,

2312
01:15:51,960 --> 01:15:54,040
counsel is specifically precluded from

2313
01:15:54,040 --> 01:15:55,960
performing his major task. Therefore,

2314
01:15:55,960 --> 01:15:57,080
Your Honor, may it please the court, at

2315
01:15:57,080 --> 01:15:58,840
this time I would motion most graciously

2316
01:15:58,840 --> 01:16:00,680
for a dismissal with prejudice for

2317
01:16:00,680 --> 01:16:02,360
failure to state a cause of action for

2318
01:16:02,360 --> 01:16:03,840
which relief may be granted by this

2319
01:16:03,840 --> 01:16:05,520
honorable court. And I'd kind of like to

2320
01:16:05,520 --> 01:16:07,000
collect my costs and fees for having to

2321
01:16:07,000 --> 01:16:08,320
defend this patently frivolous and

2322
01:16:08,320 --> 01:16:10,200
spurious complaint, sir. May it please

2323
01:16:10,200 --> 01:16:11,520
the court.

2324
01:16:11,520 --> 01:16:12,840
Laughter will usually break out

2325
01:16:12,840 --> 01:16:14,920
thereafter, at which point the judge

2326
01:16:14,920 --> 01:16:16,520
usually turn to the prosecutor and say,

2327
01:16:16,520 --> 01:16:17,720
"Well, Mr. Prosecutor, what do you think

2328
01:16:17,720 --> 01:16:20,560
we ought do about this young fellow?"

2329
01:16:20,560 --> 01:16:21,880
And he'll say, "I'd go for the motion to

2330
01:16:21,880 --> 01:16:23,640
dismiss, Your Honor." And the judge will

2331
01:16:23,640 --> 01:16:24,840
turn to him and say, "That's a good

2332
01:16:24,840 --> 01:16:26,040
answer cuz I don't think you're ready

2333
01:16:26,040 --> 01:16:28,400
for this kid today."

2334
01:16:28,400 --> 01:16:29,800
And 40 attorneys will break out

2335
01:16:29,800 --> 01:16:32,240
laughing.

2336
01:16:32,240 --> 01:16:33,840
Okay? That's actually happened to me,

2337
01:16:33,840 --> 01:16:35,160
folks.

2338
01:16:35,160 --> 01:16:36,880
I'm telling you this argument is a

2339
01:16:36,880 --> 01:16:39,440
killer argument. It's good for every

2340
01:16:39,440 --> 01:16:41,400
single constitutional right you've got.

2341
01:16:41,400 --> 01:16:42,840
All you have to do is fill in the

2342
01:16:42,840 --> 01:16:45,520
blanks. What constitutional right? Prove

2343
01:16:45,520 --> 01:16:47,400
that you have the constitutional right.

2344
01:16:47,400 --> 01:16:48,720
Tell them the state doesn't have a right

2345
01:16:48,720 --> 01:16:50,120
to convert that right into a privilege.

2346
01:16:50,120 --> 01:16:51,640
Tell them that they can't even punish

2347
01:16:51,640 --> 01:16:53,920
you if they do. And then claim that the

2348
01:16:53,920 --> 01:16:55,640
prosecutor can't prove willfulness, so

2349
01:16:55,640 --> 01:16:56,960
you obviously didn't do no crime, and

2350
01:16:56,960 --> 01:16:58,880
then flip around and demand for your

2351
01:16:58,880 --> 01:17:00,520
dismissal, which is your right, and get

2352
01:17:00,520 --> 01:17:01,920
your costs and fees for having to defend

2353
01:17:01,920 --> 01:17:03,200
this frivolous case. May it please the

2354
01:17:03,200 --> 01:17:04,960
court, and I promise you you will be

2355
01:17:04,960 --> 01:17:06,160
amazed.

2356
01:17:06,160 --> 01:17:08,480
40 attorneys will jump up and say,

2357
01:17:08,480 --> 01:17:10,080
"Yeah."

2358
01:17:10,080 --> 01:17:11,240
They'll come up and shake your hand and

2359
01:17:11,240 --> 01:17:12,040
tell you that's one of the most

2360
01:17:12,040 --> 01:17:13,280
magnificent arguments they've ever

2361
01:17:13,280 --> 01:17:15,000
heard. They'll tell you you got

2362
01:17:15,000 --> 01:17:16,840
something like King Kong

2363
01:17:16,840 --> 01:17:18,320
for taking on the bar association or

2364
01:17:18,320 --> 01:17:20,520
whatever.

2365
01:17:20,520 --> 01:17:21,680
Now, I'm telling you these things have

2366
01:17:21,680 --> 01:17:23,080
personally happened to me. I can relate

2367
01:17:23,080 --> 01:17:24,520
the exact cases.

2368
01:17:24,520 --> 01:17:25,840
That goes for practicing law without a

2369
01:17:25,840 --> 01:17:27,080
license.

2370
01:17:27,080 --> 01:17:28,280
Obviously, you got a right to work. You

2371
01:17:28,280 --> 01:17:30,120
got a right to contract your your your

2372
01:17:30,120 --> 01:17:32,320
right to work

2373
01:17:32,320 --> 01:17:33,880
as you see fit, not as some arbitrary

2374
01:17:33,880 --> 01:17:35,840
and capricious bar association sees fit,

2375
01:17:35,840 --> 01:17:38,160
right? Doesn't that make sense to you?

2376
01:17:38,160 --> 01:17:39,240
You don't want to belong to the union,

2377
01:17:39,240 --> 01:17:41,080
that's your right. This is a This is a

2378
01:17:41,080 --> 01:17:43,600
right-to-work state, right?

2379
01:17:43,600 --> 01:17:45,560
The bottom line is this. They cannot

2380
01:17:45,560 --> 01:17:47,600
compel you to have a license or pay a

2381
01:17:47,600 --> 01:17:50,520
fee for the exercise of your right.

2382
01:17:50,520 --> 01:17:51,800
And if they do, you can ignore the

2383
01:17:51,800 --> 01:17:53,120
license and a fee and engage in the

2384
01:17:53,120 --> 01:17:54,280
right with impunity. That means they

2385
01:17:54,280 --> 01:17:55,560
can't punish you. And since you got a

2386
01:17:55,560 --> 01:17:56,880
perfect defense to the element of

2387
01:17:56,880 --> 01:17:59,440
willfulness, they cannot

2388
01:17:59,440 --> 01:18:00,840
punish you.

2389
01:18:00,840 --> 01:18:02,280
They have to dismiss. They do not have a

2390
01:18:02,280 --> 01:18:03,760
cause of action.

2391
01:18:03,760 --> 01:18:05,600
Now, this argument I'm telling you is

2392
01:18:05,600 --> 01:18:08,360
taking us over 18 years to develop in

2393
01:18:08,360 --> 01:18:09,640
the courts

2394
01:18:09,640 --> 01:18:11,600
and in law libraries over the years and

2395
01:18:11,600 --> 01:18:13,680
just kind of compiling and arguing cases

2396
01:18:13,680 --> 01:18:14,880
and doing this.

2397
01:18:14,880 --> 01:18:16,600
This argument is a killer argument.

2398
01:18:16,600 --> 01:18:18,720
They're Have yet Have they ever won

2399
01:18:18,720 --> 01:18:21,520
against us on this argument? Uh

2400
01:18:21,520 --> 01:18:23,000
nor could they in the United States of

2401
01:18:23,000 --> 01:18:24,480
America as long as the Constitution

2402
01:18:24,480 --> 01:18:25,960
stands.

2403
01:18:25,960 --> 01:18:27,400
I'm asking that you pay attention to

2404
01:18:27,400 --> 01:18:29,000
this argument and start utilizing it.

2405
01:18:29,000 --> 01:18:30,400
We'll show you some of the techniques

2406
01:18:30,400 --> 01:18:32,400
later in the second half, all right?

2407
01:18:32,400 --> 01:18:34,640
Now, the word willfully has the same

2408
01:18:34,640 --> 01:18:36,560
meaning, all right?

2409
01:18:36,560 --> 01:18:39,520
In controlling the voluntary intentional

2410
01:18:39,520 --> 01:18:42,400
violation of a known legal duty.

2411
01:18:42,400 --> 01:18:44,000
And the distinction between the statute

2412
01:18:44,000 --> 01:18:46,160
is found in the additional misconduct

2413
01:18:46,160 --> 01:18:48,280
that is essential to the violation of

2414
01:18:48,280 --> 01:18:50,520
the felony provision. If they can't

2415
01:18:50,520 --> 01:18:52,360
prove willfulness, they can't prove

2416
01:18:52,360 --> 01:18:55,560
nada. Okay? Does everybody got that?

2417
01:18:55,560 --> 01:18:59,110
Now, let's go to the next one.

2418
01:18:59,120 --> 01:19:01,240
Now that you've won and your rights have

2419
01:19:01,240 --> 01:19:03,360
been violated,

2420
01:19:03,360 --> 01:19:04,640
the next thing they will claim, "Well,

2421
01:19:04,640 --> 01:19:06,960
we acted in good faith." Or "Well, we

2422
01:19:06,960 --> 01:19:09,000
acted in good faith. We had a good faith

2423
01:19:09,000 --> 01:19:12,000
reliance that you broke the law."

2424
01:19:12,000 --> 01:19:13,120
Okay?

2425
01:19:13,120 --> 01:19:17,590
And that means you can't sue us.

2426
01:19:17,600 --> 01:19:20,230
That's a lie.

2427
01:19:20,240 --> 01:19:21,920
You see, since these two cases, Owen

2428
01:19:21,920 --> 01:19:23,960
versus City of Independence, which is

2429
01:19:23,960 --> 01:19:27,280
recorded at 100 volume, and you want to

2430
01:19:27,280 --> 01:19:29,040
look at Supreme Court Reports. Now,

2431
01:19:29,040 --> 01:19:30,960
that's a different reporter.

2432
01:19:30,960 --> 01:19:32,760
Supreme Court Reports will actually say

2433
01:19:32,760 --> 01:19:34,320
on the back of the reporter, "Supreme

2434
01:19:34,320 --> 01:19:36,280
Court Reports." It won't say US, it'll

2435
01:19:36,280 --> 01:19:38,560
say Supreme Court Reports. So, so that's

2436
01:19:38,560 --> 01:19:40,400
a different volume. It's a newer a newer

2437
01:19:40,400 --> 01:19:42,680
reporter. So, you want the 100th volume

2438
01:19:42,680 --> 01:19:43,840
and you want to look up Supreme Court

2439
01:19:43,840 --> 01:19:45,080
Reports and you want to turn to page

2440
01:19:45,080 --> 01:19:46,960
1398.

2441
01:19:46,960 --> 01:19:48,280
There is a

2442
01:19:48,280 --> 01:19:51,040
a also a counterpart case to this Owen

2443
01:19:51,040 --> 01:19:53,880
case, which is Memph- which is uh Maine

2444
01:19:53,880 --> 01:19:56,760
versus Thiboutot.

2445
01:19:56,760 --> 01:20:00,390
I'll give you the site for those.

2446
01:20:00,400 --> 01:20:02,320
Okay, I gave you Owen versus City of

2447
01:20:02,320 --> 01:20:03,560
Independence, so I'll give you Maine

2448
01:20:03,560 --> 01:20:05,720
versus Thiboutot. Maine versus Thiboutot

2449
01:20:05,720 --> 01:20:07,720
is recorded at

2450
01:20:07,720 --> 01:20:10,920
100 Supreme Court, that's 100th volume,

2451
01:20:10,920 --> 01:20:13,160
Supreme Court Reports,

2452
01:20:13,160 --> 01:20:15,680
page 2502.

2453
01:20:15,680 --> 01:20:17,240
Now, basically, the summation of what

2454
01:20:17,240 --> 01:20:19,240
these what the what these

2455
01:20:19,240 --> 01:20:21,200
basic arguments say, "Where plain

2456
01:20:21,200 --> 01:20:22,880
language of a statute supported by

2457
01:20:22,880 --> 01:20:24,960
consis- consistent judicial

2458
01:20:24,960 --> 01:20:26,520
interpretation is strong, it is not

2459
01:20:26,520 --> 01:20:28,200
necessary to look beyond the words of

2460
01:20:28,200 --> 01:20:29,800
the statute, right?"

2461
01:20:29,800 --> 01:20:31,120
Now,

2462
01:20:31,120 --> 01:20:33,840
what these are both civil rights cases.

2463
01:20:33,840 --> 01:20:35,640
The right of action created by statute

2464
01:20:35,640 --> 01:20:37,360
relating to deprivation under color of

2465
01:20:37,360 --> 01:20:40,200
law of state law of a right secured by

2466
01:20:40,200 --> 01:20:41,520
the Constitution and the laws of the

2467
01:20:41,520 --> 01:20:43,200
United States encompasses claims which

2468
01:20:43,200 --> 01:20:45,160
are based solely on statutory violations

2469
01:20:45,160 --> 01:20:46,680
of federal law and applied to the claim

2470
01:20:46,680 --> 01:20:48,800
that claimants had been deprived of

2471
01:20:48,800 --> 01:20:51,240
their rights in some capacity to which

2472
01:20:51,240 --> 01:20:53,560
they were entitled. Now, whenever this

2473
01:20:53,560 --> 01:20:55,920
happens, folks, you must understand

2474
01:20:55,920 --> 01:20:57,280
something.

2475
01:20:57,280 --> 01:20:58,960
And that goes for both Maine versus

2476
01:20:58,960 --> 01:21:00,640
Thiboutot and Owen versus City of

2477
01:21:00,640 --> 01:21:01,640
Independence. And I'll tell you the

2478
01:21:01,640 --> 01:21:04,640
brief synopsis on both these cases.

2479
01:21:04,640 --> 01:21:06,880
Owen was a police chief in a town of

2480
01:21:06,880 --> 01:21:08,480
Independence, Missouri.

2481
01:21:08,480 --> 01:21:11,120
And he got in a gripe with the city

2482
01:21:11,120 --> 01:21:12,600
council and they

2483
01:21:12,600 --> 01:21:14,320
indiscriminately fired him without just

2484
01:21:14,320 --> 01:21:15,680
cause.

2485
01:21:15,680 --> 01:21:17,960
Owen turned around and sued.

2486
01:21:17,960 --> 01:21:19,880
They claimed that they acted in good

2487
01:21:19,880 --> 01:21:22,200
faith.

2488
01:21:22,200 --> 01:21:24,520
The Supreme Court said, "Sir,

2489
01:21:24,520 --> 01:21:26,080
you are deemed to be officers of the

2490
01:21:26,080 --> 01:21:27,840
law. You are to advise us to the law.

2491
01:21:27,840 --> 01:21:29,600
You can hardly claim that you acted in

2492
01:21:29,600 --> 01:21:31,200
good faith for a willful deprivation of

2493
01:21:31,200 --> 01:21:32,720
the law and you certainly can't claim

2494
01:21:32,720 --> 01:21:34,360
ignorance of the law cuz a citizen out

2495
01:21:34,360 --> 01:21:35,760
here on a street can't claim ignorance

2496
01:21:35,760 --> 01:21:36,960
of the law and it makes the law look

2497
01:21:36,960 --> 01:21:39,000
stupid if an officer of the court or

2498
01:21:39,000 --> 01:21:41,040
some officer of government doesn't know

2499
01:21:41,040 --> 01:21:42,560
the law and then they go ahead and abuse

2500
01:21:42,560 --> 01:21:44,440
somebody's constitutional right." So, in

2501
01:21:44,440 --> 01:21:46,120
matters of constitutional rights, both

2502
01:21:46,120 --> 01:21:48,320
these cases uphold one point. And the

2503
01:21:48,320 --> 01:21:50,000
point they uphold is that whenever they

2504
01:21:50,000 --> 01:21:51,600
violate your constitutional rights, they

2505
01:21:51,600 --> 01:21:53,240
do so at their own peril. And it even

2506
01:21:53,240 --> 01:21:55,160
says that in Title 18 United States Code

2507
01:21:55,160 --> 01:21:58,440
Section 241 and 242. It says

2508
01:21:58,440 --> 01:22:00,040
that upon conviction, you're a subject

2509
01:22:00,040 --> 01:22:02,120
to a $10,000 fine, 10 years in jail, or

2510
01:22:02,120 --> 01:22:03,440
both, and if death results, life in

2511
01:22:03,440 --> 01:22:05,120
prison. They're telling you, "Don't

2512
01:22:05,120 --> 01:22:07,280
violate somebody's rights. Please, don't

2513
01:22:07,280 --> 01:22:09,520
do that." Title 42 United States Code

2514
01:22:09,520 --> 01:22:12,480
Sections 1983, 1985, and 1986 clearly

2515
01:22:12,480 --> 01:22:14,400
establish your right to sue anybody that

2516
01:22:14,400 --> 01:22:15,920
does that.

2517
01:22:15,920 --> 01:22:17,160
Now, they're going to claim you can't

2518
01:22:17,160 --> 01:22:19,200
sue them cuz they have judicial

2519
01:22:19,200 --> 01:22:20,600
immunity. Well, guess what? These two

2520
01:22:20,600 --> 01:22:23,400
cases remove judicial immunity. There is

2521
01:22:23,400 --> 01:22:25,120
no judicial immunity for violating

2522
01:22:25,120 --> 01:22:26,960
somebody's constitutional rights.

2523
01:22:26,960 --> 01:22:28,360
Judge, you are deemed to know the law

2524
01:22:28,360 --> 01:22:29,880
and sworn to uphold it. You can hardly

2525
01:22:29,880 --> 01:22:31,440
claim that you act in good faith or

2526
01:22:31,440 --> 01:22:32,800
willful deprivation of the law, and you

2527
01:22:32,800 --> 01:22:34,280
certainly can't plead ignorance of the

2528
01:22:34,280 --> 01:22:35,440
law, for that would make the law look

2529
01:22:35,440 --> 01:22:37,200
stupid for a not a knowledgeable judge

2530
01:22:37,200 --> 01:22:38,400
to claim ignorance of the law when a

2531
01:22:38,400 --> 01:22:39,720
citizen on the street can't claim

2532
01:22:39,720 --> 01:22:41,480
ignorance of the law. Therefore, there

2533
01:22:41,480 --> 01:22:43,080
is no judicial immunity. I want to get

2534
01:22:43,080 --> 01:22:44,080
that across. I don't know how many

2535
01:22:44,080 --> 01:22:45,400
attorneys come up to me all the time

2536
01:22:45,400 --> 01:22:47,840
telling me, "Well, they're immune."

2537
01:22:47,840 --> 01:22:50,040
because they acted in good faith.

2538
01:22:50,040 --> 01:22:51,400
They're just not reading their court

2539
01:22:51,400 --> 01:22:52,640
They're not reading their court reports

2540
01:22:52,640 --> 01:22:53,880
because if they'd read their court

2541
01:22:53,880 --> 01:22:55,160
reports, they would have known this case

2542
01:22:55,160 --> 01:22:58,160
has been on the books since 1982.

2543
01:22:58,160 --> 01:23:01,400
Both Both these cases came down in 1982.

2544
01:23:01,400 --> 01:23:02,800
So, I want you to pay attention to these

2545
01:23:02,800 --> 01:23:04,880
cases. When somebody tells you they can

2546
01:23:04,880 --> 01:23:06,720
violate your rights with with impunity,

2547
01:23:06,720 --> 01:23:09,080
you just kind of smile and say,

2548
01:23:09,080 --> 01:23:11,920
"Make my day."

2549
01:23:11,920 --> 01:23:13,360
Okay?

2550
01:23:13,360 --> 01:23:15,720
Now, the next case we want to talk about

2551
01:23:15,720 --> 01:23:18,560
is Bivens versus United States.

2552
01:23:18,560 --> 01:23:21,720
We We mentioned it previously earlier.

2553
01:23:21,720 --> 01:23:25,360
Bivens is recorded at 273 volume 273 US

2554
01:23:25,360 --> 01:23:29,160
Reports page 28. Okay? Now,

2555
01:23:29,160 --> 01:23:30,960
Bivens versus United States is a a

2556
01:23:30,960 --> 01:23:32,600
unique case. It's a search and seizure

2557
01:23:32,600 --> 01:23:34,600
case, but basically it sets

2558
01:23:34,600 --> 01:23:36,320
constitutional standards, which we had

2559
01:23:36,320 --> 01:23:41,200
talked about in the Am Jur sections.

2560
01:23:41,200 --> 01:23:43,680
In the Am Jur sections, okay? I

2561
01:23:43,680 --> 01:23:45,320
especially want to pay attention to note

2562
01:23:45,320 --> 01:23:47,480
number three here.

2563
01:23:47,480 --> 01:23:49,040
Constitutional provisions for the

2564
01:23:49,040 --> 01:23:50,920
security of a person and property are to

2565
01:23:50,920 --> 01:23:53,000
be liberally construed, and it is the

2566
01:23:53,000 --> 01:23:55,120
duty of the courts to be watchful for

2567
01:23:55,120 --> 01:23:57,360
the constitutional rights of the citizen

2568
01:23:57,360 --> 01:23:59,080
and against any stealthy encroachment

2569
01:23:59,080 --> 01:24:01,400
therein. All right? When a federal

2570
01:24:01,400 --> 01:24:03,160
officer participates officially with a

2571
01:24:03,160 --> 01:24:05,320
state official in a search, so that in

2572
01:24:05,320 --> 01:24:08,160
substance and effect, it is their joint

2573
01:24:08,160 --> 01:24:10,240
operation, the legality of the search

2574
01:24:10,240 --> 01:24:12,080
and the use in evidence of the thing

2575
01:24:12,080 --> 01:24:14,440
seized is to be tested in federal

2576
01:24:14,440 --> 01:24:16,000
prosecutions

2577
01:24:16,000 --> 01:24:18,680
as it would be if the undertaking were

2578
01:24:18,680 --> 01:24:21,000
exclusively the federal agent. All

2579
01:24:21,000 --> 01:24:22,880
right?

2580
01:24:22,880 --> 01:24:25,520
The reality here is what they are

2581
01:24:25,520 --> 01:24:27,720
setting is the standards must be

2582
01:24:27,720 --> 01:24:29,320
liberally construed in favor of the

2583
01:24:29,320 --> 01:24:30,880
citizen. It's the duty of the court to

2584
01:24:30,880 --> 01:24:34,000
make sure that happens. So, now

2585
01:24:34,000 --> 01:24:36,160
you have a right to be wrong, you have a

2586
01:24:36,160 --> 01:24:37,120
right

2587
01:24:37,120 --> 01:24:38,280
to uh

2588
01:24:38,280 --> 01:24:39,880
enter your viable defenses that you

2589
01:24:39,880 --> 01:24:41,520
honestly think. No state can convert

2590
01:24:41,520 --> 01:24:42,760
that right into a privilege and issue a

2591
01:24:42,760 --> 01:24:44,080
license and a fee. If they do, you can

2592
01:24:44,080 --> 01:24:46,120
ignore the license and the fee.

2593
01:24:46,120 --> 01:24:47,960
They have must per They must prove the

2594
01:24:47,960 --> 01:24:49,360
burden of proof of willfulness, which

2595
01:24:49,360 --> 01:24:51,520
they cannot do.

2596
01:24:51,520 --> 01:24:53,240
If they do violate your rights, you do

2597
01:24:53,240 --> 01:24:54,760
have a right to sue them in Owens versus

2598
01:24:54,760 --> 01:24:56,000
City of Independence and Maine versus

2599
01:24:56,000 --> 01:24:57,840
Thiboutot. They have to give every

2600
01:24:57,840 --> 01:25:00,840
consideration to you, all right? And

2601
01:25:00,840 --> 01:25:03,880
that's the way it is. 1900 yesterday,

2602
01:25:03,880 --> 01:25:05,840
all right? The next case we want to talk

2603
01:25:05,840 --> 01:25:08,480
about is Boyd.

2604
01:25:08,480 --> 01:25:13,030
Boyd versus United States is recorded at

2605
01:25:13,040 --> 01:25:14,760
It's recorded at

2606
01:25:14,760 --> 01:25:18,320
uh 116 volume 116 United States Reports

2607
01:25:18,320 --> 01:25:21,080
page 616. So, everybody got that? Can

2608
01:25:21,080 --> 01:25:22,480
you see?

2609
01:25:22,480 --> 01:25:23,960
Bear with us, folks. We're really trying

2610
01:25:23,960 --> 01:25:25,800
to jam here for you.

2611
01:25:25,800 --> 01:25:28,480
Boyd versus United States 116 US page

2612
01:25:28,480 --> 01:25:31,440
616. The court is to protect against

2613
01:25:31,440 --> 01:25:33,240
encroachment of constitutionality or

2614
01:25:33,240 --> 01:25:35,160
secured liberty, all right?

2615
01:25:35,160 --> 01:25:36,960
Now,

2616
01:25:36,960 --> 01:25:39,120
it is equivalent to a compulsory

2617
01:25:39,120 --> 01:25:41,000
production of papers to make the

2618
01:25:41,000 --> 01:25:43,520
non-production of them a confession of

2619
01:25:43,520 --> 01:25:46,400
the allegations, which is is pretended

2620
01:25:46,400 --> 01:25:48,040
they will prove.

2621
01:25:48,040 --> 01:25:49,320
And a lot of times that happens in

2622
01:25:49,320 --> 01:25:50,640
federal cases.

2623
01:25:50,640 --> 01:25:52,120
They'll claim something, they won't

2624
01:25:52,120 --> 01:25:53,880
prove it. That's happened to me, believe

2625
01:25:53,880 --> 01:25:56,200
me. And then the fact that they've

2626
01:25:56,200 --> 01:25:58,760
claimed it makes it true, all right?

2627
01:25:58,760 --> 01:25:59,840
Now, the

2628
01:25:59,840 --> 01:26:03,990
Excuse me.

2629
01:26:04,000 --> 01:26:05,800
And then, of course, you have to prove a

2630
01:26:05,800 --> 01:26:08,200
negative, which is impossible.

2631
01:26:08,200 --> 01:26:09,840
All right? Now, the seizure or

2632
01:26:09,840 --> 01:26:11,560
compulsory production of a man's private

2633
01:26:11,560 --> 01:26:13,840
papers to be used in evidence against

2634
01:26:13,840 --> 01:26:16,200
him is equivalent to compelling him to

2635
01:26:16,200 --> 01:26:17,600
be a witness against himself in

2636
01:26:17,600 --> 01:26:20,080
violation of Fifth Amendment and in a

2637
01:26:20,080 --> 01:26:22,120
prosecution for a crime penalty or

2638
01:26:22,120 --> 01:26:23,480
forfeiture is equally within the

2639
01:26:23,480 --> 01:26:24,760
prohibition of the Fifth Amendment. See

2640
01:26:24,760 --> 01:26:25,640
that?

2641
01:26:25,640 --> 01:26:27,760
Now,

2642
01:26:27,760 --> 01:26:31,400
the bottom line here is

2643
01:26:31,400 --> 01:26:32,760
Boyd

2644
01:26:32,760 --> 01:26:34,440
protects against encroachment of

2645
01:26:34,440 --> 01:26:36,040
constitutionally secured liberties. It's

2646
01:26:36,040 --> 01:26:37,320
arguing the Fifth Amendment here, but

2647
01:26:37,320 --> 01:26:38,640
it's basically arguing against

2648
01:26:38,640 --> 01:26:40,520
encroachment, all right? So, that's one

2649
01:26:40,520 --> 01:26:41,840
you want to pay attention to when you're

2650
01:26:41,840 --> 01:26:43,640
coming especially to things on search

2651
01:26:43,640 --> 01:26:45,880
and seizure natures. Another good case

2652
01:26:45,880 --> 01:26:47,240
that you should know is your Miranda

2653
01:26:47,240 --> 01:26:48,640
versus Arizona. And folks, I'm going to

2654
01:26:48,640 --> 01:26:50,000
tell you something

2655
01:26:50,000 --> 01:26:52,400
and even I can learn something. Not that

2656
01:26:52,400 --> 01:26:54,400
I'm not much above you. I want to come

2657
01:26:54,400 --> 01:26:57,160
to you humbly in humility. I'm I'm

2658
01:26:57,160 --> 01:26:58,800
telling you I've read and I know and

2659
01:26:58,800 --> 01:27:00,040
there's a lot of things about the law

2660
01:27:00,040 --> 01:27:01,480
and I've been my own attorney for over

2661
01:27:01,480 --> 01:27:03,360
25 years and I kicked the tail out of

2662
01:27:03,360 --> 01:27:05,160
them. I'll be honest with you. But I

2663
01:27:05,160 --> 01:27:06,600
always can learn something and I'm not

2664
01:27:06,600 --> 01:27:08,360
stupid enough ever not to realize that.

2665
01:27:08,360 --> 01:27:09,480
The next thing I'm going to tell you is

2666
01:27:09,480 --> 01:27:10,440
probably one of the most important

2667
01:27:10,440 --> 01:27:12,360
things we're going to tell you today.

2668
01:27:12,360 --> 01:27:14,040
This is the Miranda versus Arizona

2669
01:27:14,040 --> 01:27:15,280
decision.

2670
01:27:15,280 --> 01:27:18,760
It's recorded at 384, volume 384 US,

2671
01:27:18,760 --> 01:27:21,480
that's US Reports page 436.

2672
01:27:21,480 --> 01:27:24,920
Now, this is a heavy-duty case.

2673
01:27:24,920 --> 01:27:26,720
Every American should know this case

2674
01:27:26,720 --> 01:27:28,400
backward and forward, upside down and

2675
01:27:28,400 --> 01:27:31,240
other. All right?

2676
01:27:31,240 --> 01:27:34,000
Miranda versus Arizona.

2677
01:27:34,000 --> 01:27:35,520
This is the one that says you got a

2678
01:27:35,520 --> 01:27:36,720
right to remain silent, you got a right

2679
01:27:36,720 --> 01:27:37,720
to an attorney, you got a right to have

2680
01:27:37,720 --> 01:27:38,440
your attorney present during

2681
01:27:38,440 --> 01:27:39,680
questioning. Anything you say can and

2682
01:27:39,680 --> 01:27:40,800
will be held against you in a court of

2683
01:27:40,800 --> 01:27:41,960
law. If you can't afford an attorney,

2684
01:27:41,960 --> 01:27:43,040
one will be appointed for you by the

2685
01:27:43,040 --> 01:27:44,880
court. Do you wish to make any statement

2686
01:27:44,880 --> 01:27:46,000
on your behalf? Do you understand the

2687
01:27:46,000 --> 01:27:48,080
rights that I have spoken to you?

2688
01:27:48,080 --> 01:27:50,840
As soon as they stop you, talk to you,

2689
01:27:50,840 --> 01:27:52,880
as soon as they start talking to you,

2690
01:27:52,880 --> 01:27:54,720
they are required to say that. If they

2691
01:27:54,720 --> 01:27:58,000
don't say that, they screwed up.

2692
01:27:58,000 --> 01:27:59,960
If they haul you into jail and they

2693
01:27:59,960 --> 01:28:02,760
don't tell you this, read it to you, and

2694
01:28:02,760 --> 01:28:04,560
then they want to make you sign a little

2695
01:28:04,560 --> 01:28:06,200
statement that you know your rights and

2696
01:28:06,200 --> 01:28:08,080
you knowingly waived them, please folks,

2697
01:28:08,080 --> 01:28:10,720
don't sign that statement.

2698
01:28:10,720 --> 01:28:12,000
Use your head for something other than

2699
01:28:12,000 --> 01:28:14,160
hat rack.

2700
01:28:14,160 --> 01:28:15,720
You are not signing that statement,

2701
01:28:15,720 --> 01:28:16,640
ever.

2702
01:28:16,640 --> 01:28:17,880
You are knowingly waiving your

2703
01:28:17,880 --> 01:28:19,720
constitutional rights.

2704
01:28:19,720 --> 01:28:22,280
Don't ever do that.

2705
01:28:22,280 --> 01:28:24,320
I mean, they don't make they don't make

2706
01:28:24,320 --> 01:28:25,880
it

2707
01:28:25,880 --> 01:28:27,720
that hard.

2708
01:28:27,720 --> 01:28:29,320
As soon as you hear those people start

2709
01:28:29,320 --> 01:28:30,840
talking it, you tell them right

2710
01:28:30,840 --> 01:28:32,320
effectively, I want to talk to an

2711
01:28:32,320 --> 01:28:33,400
attorney.

2712
01:28:33,400 --> 01:28:35,280
And I'm not saying nothing until I talk

2713
01:28:35,280 --> 01:28:36,560
to an attorney, especially if you're

2714
01:28:36,560 --> 01:28:39,720
talking to federal people, BATF.

2715
01:28:39,720 --> 01:28:41,640
These people will lie, cheat, steal.

2716
01:28:41,640 --> 01:28:44,120
They will do anything they can

2717
01:28:44,120 --> 01:28:46,000
to hammer you. Their whole purpose in

2718
01:28:46,000 --> 01:28:48,240
life is to hammer you. I don't want you

2719
01:28:48,240 --> 01:28:50,040
to think, "Oh, what nice guys. So, maybe

2720
01:28:50,040 --> 01:28:51,400
we can just work this out. Why don't we

2721
01:28:51,400 --> 01:28:52,840
just talk and maybe we can get things

2722
01:28:52,840 --> 01:28:54,200
worked out." You don't talk to these

2723
01:28:54,200 --> 01:28:55,360
people, folks. You're talking to

2724
01:28:55,360 --> 01:28:58,320
somebody who learned the hard way.

2725
01:28:58,320 --> 01:29:00,480
You do not talk to these people, ever. I

2726
01:29:00,480 --> 01:29:01,920
don't care if you think you're a nice

2727
01:29:01,920 --> 01:29:03,080
guy and you want to be courteous. I

2728
01:29:03,080 --> 01:29:04,200
don't think you think if you're going to

2729
01:29:04,200 --> 01:29:05,880
work it out. I don't think you think if

2730
01:29:05,880 --> 01:29:07,640
you're going to you're smarter than they

2731
01:29:07,640 --> 01:29:08,880
are and you can beat them. I'm telling

2732
01:29:08,880 --> 01:29:10,920
you you don't talk to them. Period. You

2733
01:29:10,920 --> 01:29:12,680
button that hatch.

2734
01:29:12,680 --> 01:29:14,640
An old uh wise uh

2735
01:29:14,640 --> 01:29:16,680
legal defense counsel told me one time,

2736
01:29:16,680 --> 01:29:18,000
he said, "The first rule is keep your

2737
01:29:18,000 --> 01:29:19,680
big mouth shut."

2738
01:29:19,680 --> 01:29:21,040
I said, "Okay, what's the second rule?"

2739
01:29:21,040 --> 01:29:23,120
"Keep your big mouth shut."

2740
01:29:23,120 --> 01:29:24,360
He said, "What's the third rule?" "Keep

2741
01:29:24,360 --> 01:29:25,960
your big mouth shut."

2742
01:29:25,960 --> 01:29:27,200
He said, "After you follow them three

2743
01:29:27,200 --> 01:29:29,360
rules, the rest is easy."

2744
01:29:29,360 --> 01:29:30,840
It's when you open your big mouth that

2745
01:29:30,840 --> 01:29:32,400
you get in trouble.

2746
01:29:32,400 --> 01:29:33,720
Not that you would do anything wrong

2747
01:29:33,720 --> 01:29:35,280
anyway, but they'll twist, lie, cheat,

2748
01:29:35,280 --> 01:29:36,600
and steal and make it into something you

2749
01:29:36,600 --> 01:29:38,200
didn't do, and before you know it, you

2750
01:29:38,200 --> 01:29:39,680
won't even recognize what's happened.

2751
01:29:39,680 --> 01:29:42,880
And I'm telling you it's happened to me.

2752
01:29:42,880 --> 01:29:44,560
So, I'm telling you as a friend. I'm not

2753
01:29:44,560 --> 01:29:46,080
telling you as a smart ass or anything

2754
01:29:46,080 --> 01:29:47,320
else. I'm telling you as a friend. Do

2755
01:29:47,320 --> 01:29:48,920
not talk to these people. They ain't

2756
01:29:48,920 --> 01:29:50,600
They do not have your best interest in

2757
01:29:50,600 --> 01:29:52,240
heart. And you may think, "Well, they're

2758
01:29:52,240 --> 01:29:53,800
the government and and they you know,

2759
01:29:53,800 --> 01:29:56,040
they're responsible and they mean well."

2760
01:29:56,040 --> 01:29:57,520
Well, they don't. They don't mean well.

2761
01:29:57,520 --> 01:29:59,240
They don't mean your well.

2762
01:29:59,240 --> 01:30:02,560
And they will jam you, believe me.

2763
01:30:02,560 --> 01:30:03,840
And if you're not real good at getting

2764
01:30:03,840 --> 01:30:05,840
out of it, you can you can be in a lot

2765
01:30:05,840 --> 01:30:08,400
of trouble. All right, now.

2766
01:30:08,400 --> 01:30:10,280
Let's look at this Miranda decision.

2767
01:30:10,280 --> 01:30:12,440
In the absence of other effective

2768
01:30:12,440 --> 01:30:14,320
measures, the following procedures to

2769
01:30:14,320 --> 01:30:16,040
safeguard the Fifth Amendment privileges

2770
01:30:16,040 --> 01:30:18,280
must be observed. The person in custody

2771
01:30:18,280 --> 01:30:20,320
must, prior to interrogation, be clearly

2772
01:30:20,320 --> 01:30:22,200
informed that he has a right to remain

2773
01:30:22,200 --> 01:30:24,200
silent, and that anything he says will

2774
01:30:24,200 --> 01:30:27,040
be used against him in any court of law.

2775
01:30:27,040 --> 01:30:29,160
He must be clearly informed that he has

2776
01:30:29,160 --> 01:30:31,360
a right to consult with a lawyer.

2777
01:30:31,360 --> 01:30:33,200
And he to have a lawyer with him during

2778
01:30:33,200 --> 01:30:35,960
interrogation. Do that, please.

2779
01:30:35,960 --> 01:30:37,680
And that if he is indigent, a lawyer

2780
01:30:37,680 --> 01:30:39,480
will be appointed to represent him. All

2781
01:30:39,480 --> 01:30:41,680
right? If the individual indicates,

2782
01:30:41,680 --> 01:30:43,640
prior to enduring questioning, that he

2783
01:30:43,640 --> 01:30:44,920
wishes to remain silent, the

2784
01:30:44,920 --> 01:30:48,480
interrogation must cease.

2785
01:30:48,480 --> 01:30:50,440
If he states that he wants an attorney

2786
01:30:50,440 --> 01:30:53,280
to question him, must cease

2787
01:30:53,280 --> 01:30:55,240
until an attorney is present.

2788
01:30:55,240 --> 01:30:56,680
Where an interrogation is conducted

2789
01:30:56,680 --> 01:30:58,520
without the presence of an attorney, and

2790
01:30:58,520 --> 01:31:00,320
a statement is taken, a heavy burden

2791
01:31:00,320 --> 01:31:01,880
rests on the government to demonstrate

2792
01:31:01,880 --> 01:31:03,200
that the defendant knowingly and

2793
01:31:03,200 --> 01:31:05,120
intelligently waived his constitutional

2794
01:31:05,120 --> 01:31:07,360
counsel right.

2795
01:31:07,360 --> 01:31:09,840
Don't test that theory.

2796
01:31:09,840 --> 01:31:12,720
But I'm telling you it works. I did it.

2797
01:31:12,720 --> 01:31:14,160
Where the individual answers some

2798
01:31:14,160 --> 01:31:15,680
questions during interrogation or

2799
01:31:15,680 --> 01:31:17,480
custody interrogation, he has not waived

2800
01:31:17,480 --> 01:31:19,520
his privilege, and may invoke his right

2801
01:31:19,520 --> 01:31:21,440
to remain silent thereafter.

2802
01:31:21,440 --> 01:31:23,280
The warnings required that the waiver

2803
01:31:23,280 --> 01:31:25,560
needed are, in the absence of a fully

2804
01:31:25,560 --> 01:31:27,560
effective equivalent prerequisite to the

2805
01:31:27,560 --> 01:31:29,560
admission or admissibility of any

2806
01:31:29,560 --> 01:31:30,960
statement, in culpability or

2807
01:31:30,960 --> 01:31:33,520
exculpability, made by the defendant.

2808
01:31:33,520 --> 01:31:35,000
The limitations on the interrogation

2809
01:31:35,000 --> 01:31:36,800
process required for the protection of

2810
01:31:36,800 --> 01:31:38,240
the individual's constitutional rights

2811
01:31:38,240 --> 01:31:40,680
should not cause

2812
01:31:40,680 --> 01:31:42,800
an undue interference with the proper

2813
01:31:42,800 --> 01:31:44,680
system of law enforcement, as

2814
01:31:44,680 --> 01:31:46,240
demonstrated by the procedures of the

2815
01:31:46,240 --> 01:31:47,960
FBI and the safeguards afforded to other

2816
01:31:47,960 --> 01:31:50,280
jurisdictions. In each of these cases,

2817
01:31:50,280 --> 01:31:51,480
the statements were obtained under

2818
01:31:51,480 --> 01:31:52,880
circumstances that did not meet

2819
01:31:52,880 --> 01:31:55,320
constitutional standards for

2820
01:31:55,320 --> 01:31:56,800
protection of the privilege against

2821
01:31:56,800 --> 01:31:58,720
self-incrimination. Now,

2822
01:31:58,720 --> 01:32:00,360
this is the big one, folks. This is the

2823
01:32:00,360 --> 01:32:01,920
one they're talking about. Did you

2824
01:32:01,920 --> 01:32:04,160
properly Mirandize him? Was he

2825
01:32:04,160 --> 01:32:06,520
Mirandized? Was she Mirandized? If they

2826
01:32:06,520 --> 01:32:07,880
don't Mirandize you, they got to throw

2827
01:32:07,880 --> 01:32:11,520
the case out. Almost always.

2828
01:32:11,520 --> 01:32:15,120
It's very hard to go forward

2829
01:32:15,120 --> 01:32:18,240
with the case if their witnesses are

2830
01:32:18,240 --> 01:32:20,600
excludable from the presentation of the

2831
01:32:20,600 --> 01:32:22,640
case.

2832
01:32:22,640 --> 01:32:24,680
Now, I personally got lucky on this one,

2833
01:32:24,680 --> 01:32:26,040
folks.

2834
01:32:26,040 --> 01:32:28,320
And I thought I was really, really good.

2835
01:32:28,320 --> 01:32:31,200
And I am really, really good.

2836
01:32:31,200 --> 01:32:33,200
But you want to know something? I have a

2837
01:32:33,200 --> 01:32:37,040
different standard of equity and law,

2838
01:32:37,040 --> 01:32:39,320
and I treat everybody kindly, and I

2839
01:32:39,320 --> 01:32:41,600
basically give them courtesy, and I

2840
01:32:41,600 --> 01:32:44,360
basically try and be a regular Joe. What

2841
01:32:44,360 --> 01:32:45,040
happened?

2842
01:32:45,040 --> 01:32:47,120
It's okay. Just proceed.

2843
01:32:47,120 --> 01:32:51,360
A regular Joe, and I basically uh

2844
01:32:51,360 --> 01:32:53,480
tried to uh

2845
01:32:53,480 --> 01:32:54,760
basically just find out what the heck

2846
01:32:54,760 --> 01:32:56,920
was going on with this case.

2847
01:32:56,920 --> 01:32:58,200
I promise you I would never do that

2848
01:32:58,200 --> 01:33:00,080
again. I would dummy up like there's no

2849
01:33:00,080 --> 01:33:01,560
tomorrow. I wouldn't say nothing. Not

2850
01:33:01,560 --> 01:33:03,120
that I do anything wrong, but here's the

2851
01:33:03,120 --> 01:33:04,280
thing.

2852
01:33:04,280 --> 01:33:06,960
These people lied so bad. They put so

2853
01:33:06,960 --> 01:33:09,840
much trash in in the record. I was in

2854
01:33:09,840 --> 01:33:12,120
shock.

2855
01:33:12,120 --> 01:33:13,560
I couldn't believe that anybody would

2856
01:33:13,560 --> 01:33:16,080
deliberately do such a thing.

2857
01:33:16,080 --> 01:33:18,360
But they will.

2858
01:33:18,360 --> 01:33:20,480
So, I'm telling you as a friend, do not

2859
01:33:20,480 --> 01:33:22,400
talk to these people, especially BATF

2860
01:33:22,400 --> 01:33:24,360
people. They are not honorable people.

2861
01:33:24,360 --> 01:33:27,040
They don't hold They do not recognize

2862
01:33:27,040 --> 01:33:29,400
the honor you serve.

2863
01:33:29,400 --> 01:33:30,840
They are not honorable people. Their

2864
01:33:30,840 --> 01:33:33,400
whole is to hammer you into a position

2865
01:33:33,400 --> 01:33:35,840
of of ridiculousness.

2866
01:33:35,840 --> 01:33:37,960
So, I'm telling you, if they come in to

2867
01:33:37,960 --> 01:33:39,400
talk to you for whatever reason, I don't

2868
01:33:39,400 --> 01:33:41,720
care what, you dummy up. You don't say

2869
01:33:41,720 --> 01:33:43,960
nothing. You got me?

2870
01:33:43,960 --> 01:33:45,480
You hire an attorney. You get an

2871
01:33:45,480 --> 01:33:46,760
attorney there, and you don't talk till

2872
01:33:46,760 --> 01:33:49,320
the attorney tells you to.

2873
01:33:49,320 --> 01:33:50,440
And that's what I'm telling you as a

2874
01:33:50,440 --> 01:33:51,960
friend, okay?

2875
01:33:51,960 --> 01:33:53,800
That's Miranda versus Arizona. In others

2876
01:33:53,800 --> 01:33:55,880
four Miranda cases, is is the leading

2877
01:33:55,880 --> 01:33:56,760
case.

2878
01:33:56,760 --> 01:33:58,760
There is a Miranda warning case that

2879
01:33:58,760 --> 01:33:59,920
actually

2880
01:33:59,920 --> 01:34:02,920
locks down the the steps of the warning.

2881
01:34:02,920 --> 01:34:04,920
And then there's a Miranda interrogation

2882
01:34:04,920 --> 01:34:07,520
case, which which which locks out the

2883
01:34:07,520 --> 01:34:09,160
standards for

2884
01:34:09,160 --> 01:34:12,840
uh in-custody jail interrogations, okay?

2885
01:34:12,840 --> 01:34:14,920
Now,

2886
01:34:14,920 --> 01:34:16,520
a word to the wise should be sufficient,

2887
01:34:16,520 --> 01:34:17,880
and I shouldn't have to ever say nothing

2888
01:34:17,880 --> 01:34:19,720
about that again. Believe me, I learned

2889
01:34:19,720 --> 01:34:23,390
a valuable lesson.

2890
01:34:23,400 --> 01:34:25,120
You cannot assume that everybody is a

2891
01:34:25,120 --> 01:34:27,000
good guy. There are some bad ones out

2892
01:34:27,000 --> 01:34:28,160
there.

2893
01:34:28,160 --> 01:34:29,880
And I found them.

2894
01:34:29,880 --> 01:34:31,080
Now, the next case we're going to talk

2895
01:34:31,080 --> 01:34:32,840
about is Norton versus Shelby County,

2896
01:34:32,840 --> 01:34:35,680
recorded at 118 volume

2897
01:34:35,680 --> 01:34:38,800
United States Reports, page 425.

2898
01:34:38,800 --> 01:34:40,640
Basically, that says an unconstitutional

2899
01:34:40,640 --> 01:34:42,680
act is not law. It confers no rights, it

2900
01:34:42,680 --> 01:34:44,360
imposes no duties, affords no

2901
01:34:44,360 --> 01:34:46,840
protections, it creates no office. It is

2902
01:34:46,840 --> 01:34:50,120
in legal contemplation as in inoperative

2903
01:34:50,120 --> 01:34:52,080
as though it had never been passed,

2904
01:34:52,080 --> 01:34:53,120
okay?

2905
01:34:53,120 --> 01:34:54,840
And that's what this this case holds,

2906
01:34:54,840 --> 01:34:56,120
all right?

2907
01:34:56,120 --> 01:34:58,200
And now, I'm telling you you go read the

2908
01:34:58,200 --> 01:34:59,400
case.

2909
01:34:59,400 --> 01:35:00,920
Don't screw around.

2910
01:35:00,920 --> 01:35:02,440
The judge asks you questions about the

2911
01:35:02,440 --> 01:35:03,760
case, you better know about what it

2912
01:35:03,760 --> 01:35:05,200
says, all right?

2913
01:35:05,200 --> 01:35:06,440
Cuz if he thinks you didn't read it,

2914
01:35:06,440 --> 01:35:08,600
he's going to throw your case out.

2915
01:35:08,600 --> 01:35:10,080
A court follows the decision of the

2916
01:35:10,080 --> 01:35:13,200
highest court of the state in construing

2917
01:35:13,200 --> 01:35:14,840
the Constitution and the laws of the

2918
01:35:14,840 --> 01:35:16,720
state unless they conflict with or

2919
01:35:16,720 --> 01:35:19,120
impair the effi- efficacy of some

2920
01:35:19,120 --> 01:35:20,760
principle of the federal Constitution or

2921
01:35:20,760 --> 01:35:22,520
of the federal statutes or a rule of the

2922
01:35:22,520 --> 01:35:24,360
commercial or general law.

2923
01:35:24,360 --> 01:35:25,760
The decision of the state courts on

2924
01:35:25,760 --> 01:35:27,840
questions relating to the existence of

2925
01:35:27,840 --> 01:35:30,000
its subordinate tribunals and the

2926
01:35:30,000 --> 01:35:32,000
eligibility and election or appointment

2927
01:35:32,000 --> 01:35:34,480
of their officers and the passage of its

2928
01:35:34,480 --> 01:35:36,840
laws are conclusive upon federal courts,

2929
01:35:36,840 --> 01:35:38,440
all right?

2930
01:35:38,440 --> 01:35:39,840
Now,

2931
01:35:39,840 --> 01:35:41,280
the most important some of the most

2932
01:35:41,280 --> 01:35:43,400
important thing is while acts of de

2933
01:35:43,400 --> 01:35:45,400
facto incumbent of an office lawfully

2934
01:35:45,400 --> 01:35:47,480
created by law and existing are often

2935
01:35:47,480 --> 01:35:49,080
held to be binding from reasons of

2936
01:35:49,080 --> 01:35:51,080
public policy. That's a very important

2937
01:35:51,080 --> 01:35:53,680
point, public policy. You want to watch

2938
01:35:53,680 --> 01:35:56,040
out for the terms public policy. It's

2939
01:35:56,040 --> 01:35:58,960
often confused with the state's right of

2940
01:35:58,960 --> 01:36:00,920
eminent domain of police powers. Police

2941
01:36:00,920 --> 01:36:02,640
powers and public policy are almost the

2942
01:36:02,640 --> 01:36:04,640
same thing except one's done without law

2943
01:36:04,640 --> 01:36:06,320
cuz we wants to and the other is done

2944
01:36:06,320 --> 01:36:07,880
because they're claiming a police

2945
01:36:07,880 --> 01:36:11,360
authority to do so, all right?

2946
01:36:11,360 --> 01:36:12,560
But when they're talking about public

2947
01:36:12,560 --> 01:36:14,720
policy, the acts of the person assuming

2948
01:36:14,720 --> 01:36:16,520
to fill and perform the duties of an

2949
01:36:16,520 --> 01:36:19,120
office which does not exist

2950
01:36:19,120 --> 01:36:23,560
can have no validity whatever in law.

2951
01:36:23,560 --> 01:36:24,840
Okay?

2952
01:36:24,840 --> 01:36:27,040
An unconstitutional act is not a law. It

2953
01:36:27,040 --> 01:36:29,120
confers no rights, it imposes no duties,

2954
01:36:29,120 --> 01:36:31,080
it affords no protection, it creates no

2955
01:36:31,080 --> 01:36:33,640
owls. It is in legal contemplation as

2956
01:36:33,640 --> 01:36:35,360
inoperative as though it had never been

2957
01:36:35,360 --> 01:36:37,000
passed, okay?

2958
01:36:37,000 --> 01:36:38,840
Does everybody get that?

2959
01:36:38,840 --> 01:36:40,760
Now this basic first portion of this

2960
01:36:40,760 --> 01:36:42,080
program

2961
01:36:42,080 --> 01:36:44,640
is designed clearly

2962
01:36:44,640 --> 01:36:46,400
to help you.

2963
01:36:46,400 --> 01:36:48,440
And if you take these basic cases on

2964
01:36:48,440 --> 01:36:50,680
this one page, you will have gone a long

2965
01:36:50,680 --> 01:36:52,760
way in getting your constitutional

2966
01:36:52,760 --> 01:36:55,200
rights back, okay?

2967
01:36:55,200 --> 01:36:58,630
Now we're asking you

2968
01:36:58,640 --> 01:37:00,480
to pay attention.

2969
01:37:00,480 --> 01:37:02,640
Learn your Constitution. We're going to

2970
01:37:02,640 --> 01:37:04,080
go into some heavier stuff through the

2971
01:37:04,080 --> 01:37:05,920
second portion of it.

2972
01:37:05,920 --> 01:37:07,000
But we want you to learn your

2973
01:37:07,000 --> 01:37:08,960
Constitution. This book here is a

2974
01:37:08,960 --> 01:37:10,960
citizen's rule book.

2975
01:37:10,960 --> 01:37:13,080
It also has jury instructions in it. It

2976
01:37:13,080 --> 01:37:15,120
also has a lot of important arguments in

2977
01:37:15,120 --> 01:37:16,960
it. Some of the important arguments in

2978
01:37:16,960 --> 01:37:18,640
it go along with what we've been talking

2979
01:37:18,640 --> 01:37:20,680
about, right?

2980
01:37:20,680 --> 01:37:21,920
All laws which are repugnant to the

2981
01:37:21,920 --> 01:37:23,360
Constitution are null and void, Marbury

2982
01:37:23,360 --> 01:37:25,480
versus Madison, 5 US 1 37. We already

2983
01:37:25,480 --> 01:37:26,800
argued that one. When rights secured by

2984
01:37:26,800 --> 01:37:28,840
the Constitution are involved, there can

2985
01:37:28,840 --> 01:37:30,800
be no rule or law making or legislation

2986
01:37:30,800 --> 01:37:32,160
which would abrogate or abolish them.

2987
01:37:32,160 --> 01:37:34,320
That's again Miranda versus Arizona. An

2988
01:37:34,320 --> 01:37:36,160
unconstitutional act is not law. It

2989
01:37:36,160 --> 01:37:37,880
confers no rights and imposes no duties,

2990
01:37:37,880 --> 01:37:39,960
affords no protection, it creates

2991
01:37:39,960 --> 01:37:41,720
no office, all right? That's Norton

2992
01:37:41,720 --> 01:37:43,160
versus Shelby County, which we just

2993
01:37:43,160 --> 01:37:45,080
talked about. The general rule is that

2994
01:37:45,080 --> 01:37:46,440
an unconstitutional statute, though

2995
01:37:46,440 --> 01:37:47,880
having the form and name of law is in

2996
01:37:47,880 --> 01:37:49,560
reality no law, but is wholly void, all

2997
01:37:49,560 --> 01:37:50,520
right?

2998
01:37:50,520 --> 01:37:53,880
16th Am Jur 2nd section 177 and also

2999
01:37:53,880 --> 01:37:56,520
256. Officers of the court have no

3000
01:37:56,520 --> 01:37:58,080
immunity when violating constitutional

3001
01:37:58,080 --> 01:38:00,120
rights from liability. That's on verse

3002
01:38:00,120 --> 01:38:01,520
City of Indianapolis and Maine versus

3003
01:38:01,520 --> 01:38:03,200
Thiboutot. No state shall convert

3004
01:38:03,200 --> 01:38:04,520
secured liberties and or privileges and

3005
01:38:04,520 --> 01:38:06,160
issue licenses and fees for them. That's

3006
01:38:06,160 --> 01:38:08,120
Crandall versus Pennsylvania.

3007
01:38:08,120 --> 01:38:10,440
If the state does convert liber- liberty

3008
01:38:10,440 --> 01:38:11,960
or privilege into a privilege a citizen

3009
01:38:11,960 --> 01:38:13,400
can engage in it with impunity. That's

3010
01:38:13,400 --> 01:38:15,760
Shuttleworth versus Birmingham, Alabama.

3011
01:38:15,760 --> 01:38:17,320
The court is to protect against any

3012
01:38:17,320 --> 01:38:18,960
encroachment of constitutionally secured

3013
01:38:18,960 --> 01:38:20,400
liberties. That's Boyd versus United

3014
01:38:20,400 --> 01:38:21,960
States. Constitutional rights must be

3015
01:38:21,960 --> 01:38:23,320
interpreted in favor of the citizen.

3016
01:38:23,320 --> 01:38:25,120
That's Brady versus United States. We

3017
01:38:25,120 --> 01:38:26,600
have covered all of these cases

3018
01:38:26,600 --> 01:38:27,760
thoroughly

3019
01:38:27,760 --> 01:38:30,040
so that you can see clearly.

3020
01:38:30,040 --> 01:38:32,600
All right? And we're trying to teach you

3021
01:38:32,600 --> 01:38:34,320
how to better effectively use your

3022
01:38:34,320 --> 01:38:37,910
Constitution, okay?

3023
01:38:37,920 --> 01:38:40,000
We're trying to get it down to

3024
01:38:40,000 --> 01:38:41,840
a serious program

3025
01:38:41,840 --> 01:38:43,920
where What do you want to do?

3026
01:38:43,920 --> 01:38:45,320
Open it up. All right.

3027
01:38:45,320 --> 01:38:46,720
All right?

3028
01:38:46,720 --> 01:38:48,680
And this this book here also brings out

3029
01:38:48,680 --> 01:38:50,760
all these court cases, all right? Notice

3030
01:38:50,760 --> 01:38:52,520
it's got Miranda versus Shelby County in

3031
01:38:52,520 --> 01:38:54,120
here. It's got Miranda versus Arizona.

3032
01:38:54,120 --> 01:38:56,160
It's got Madison five Marbury versus

3033
01:38:56,160 --> 01:39:00,120
Madison. It's got uh

3034
01:39:00,120 --> 01:39:01,840
The jury has the right to judge both the

3035
01:39:01,840 --> 01:39:03,840
law as well as the fact. John Jay, first

3036
01:39:03,840 --> 01:39:05,640
Chief Justice US Supreme Court. The jury

3037
01:39:05,640 --> 01:39:07,160
has the right to determine both the law

3038
01:39:07,160 --> 01:39:08,840
and the facts. Samuel Chase, US Supreme

3039
01:39:08,840 --> 01:39:11,440
Court Justice, 1796 singer.

3040
01:39:11,440 --> 01:39:12,800
You know All right, the jury has the

3041
01:39:12,800 --> 01:39:14,800
power to bring a verdict in the teeth of

3042
01:39:14,800 --> 01:39:16,440
both law and fact. Oliver Wendell

3043
01:39:16,440 --> 01:39:18,960
Holmes, US Supreme Court. The law itself

3044
01:39:18,960 --> 01:39:20,840
is on trial quite as much as the cause

3045
01:39:20,840 --> 01:39:23,360
which is to be decided.

3046
01:39:23,360 --> 01:39:25,600
Harlan F. Stone, 12th Chief Justice US

3047
01:39:25,600 --> 01:39:27,600
Supreme Court. The pages of history

3048
01:39:27,600 --> 01:39:29,720
shine on instances of the jury's

3049
01:39:29,720 --> 01:39:32,400
exercise of its prerogative to disregard

3050
01:39:32,400 --> 01:39:34,000
instructions of the judge. That's United

3051
01:39:34,000 --> 01:39:36,480
States versus Daugherty, 473 Fed 2nd

3052
01:39:36,480 --> 01:39:38,080
113.

3053
01:39:38,080 --> 01:39:41,510
All right? Now,

3054
01:39:41,520 --> 01:39:42,800
we're We're to wrap up this first part

3055
01:39:42,800 --> 01:39:44,560
here, basically.

3056
01:39:44,560 --> 01:39:47,880
We want We want you folks to

3057
01:39:47,880 --> 01:39:50,080
hopefully not be overwhelmed.

3058
01:39:50,080 --> 01:39:52,000
Take your time. Play the tape several

3059
01:39:52,000 --> 01:39:53,760
times. It'll It'll come to you. It's

3060
01:39:53,760 --> 01:39:56,040
really not that hard.

3061
01:39:56,040 --> 01:39:57,360
We want you to have a new reverence for

3062
01:39:57,360 --> 01:39:59,240
your Constitution.

3063
01:39:59,240 --> 01:40:00,400
We want you to know that a lot of brave

3064
01:40:00,400 --> 01:40:03,880
soldiers paid for it with their life.

3065
01:40:03,880 --> 01:40:08,710
Excuse me.

3066
01:40:08,720 --> 01:40:10,000
We want you to know that they died

3067
01:40:10,000 --> 01:40:11,920
miserably some of them.

3068
01:40:11,920 --> 01:40:13,160
And we want you to know that this is a

3069
01:40:13,160 --> 01:40:17,830
serious very serious thing here.

3070
01:40:17,840 --> 01:40:19,040
We want you to know that we love you,

3071
01:40:19,040 --> 01:40:21,360
America.

3072
01:40:21,360 --> 01:40:24,910
And we want you to know

3073
01:40:24,920 --> 01:40:27,480
we need your help.

3074
01:40:27,480 --> 01:40:30,040
We need your help.

3075
01:40:30,040 --> 01:40:32,240
We need your help to learn your

3076
01:40:32,240 --> 01:40:34,280
Constitution so you can better and

3077
01:40:34,280 --> 01:40:35,840
effectively

3078
01:40:35,840 --> 01:40:37,840
come forward, pick that book up, walk

3079
01:40:37,840 --> 01:40:39,400
out there, and shake that book, and say,

3080
01:40:39,400 --> 01:40:42,200
"Shaking it up, boss."

3081
01:40:42,200 --> 01:40:45,070
All right.

3082
01:40:45,080 --> 01:40:47,400
What's that?