Live to Shoot - Defending our 2nd Amendment Rights

10th Amendment - Can it save the Republic

September 22, 2021 Jeff Dowdle Episode 89
Live to Shoot - Defending our 2nd Amendment Rights
10th Amendment - Can it save the Republic
Show Notes Transcript

In this episode we discuss the 10th Amendment and how we got to the over reaching government.

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Well, welcome to the live shoot podcast. My name is Jeff and I I've been licensed farm for the last 14 years. And this podcast, we talk about all things the second minute. So it wasn't like talking about things going on everyday politics, or I might throw in a sport story or two. So welcome. Welcome, welcome. Today is September. 20 seconds and I am here, you know, first off was talking about my dad's cows. One-on-one and I lost to the super bowl, champs, the bucks and the, but a very close loss and then very close win against the San Diego chargers. And I was impressed by that when I think the chargers are pretty good team, that quarterback, they have her. I think he's going to be something special. He can make some pros and I think overall I found some good things and we'll see how things progress, but it was a good week for my Cowboys and chiefs lost, close on a horn frogs didn't play. So we'll see how this upcoming week goes go to the TCUs and new game this weekend. It's family weekend. So I'm going to go visit my son, go game with him. And just to around a little bit on Saturday at TC. So this country, well, my step back this podcast is, is typically about the the second amendment of the constitution. But, you know, I started off originally as podcasts and we went through some variety of different other topics, one constitution, the bill of rights and then, you know, kind of a foundation and I want to revisit some of that. So, because this country is. Totally out of control. And this goes beyond, you know, gun rights and, and all that with faxing mandates, the border, all those things that, and the spending we need to gain control. And, but let's go back to the last one. I'll step back again. Sorry. The last week was 17. Constitution day ratification of the constitution. And so let's go on to talk about the bill of rights. The bill of rights will not part of the original competition they came later, but let's talk about the, what they are. A Congress person is Congress shall make no law respecting an establishment of religion. Prohibitation and the free exercise thereof or abridging the freedom of speech or of the press or the rise of the people peacefully assemble and to petition the government for redress of grievances. The second amendment, a well-regulated militia being necessary to the security of freeze for security of a free state. The right of the people to keep and bear arms shall not the French. You keep that one always close to us. A minimum of three, no soldier, no soldier shall in time of peace. Be quartered in any house without the consent of the owner, nor in times of war, but manner to be prescribed by law. And then for the ride, the peoples be secure in their persons, house papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describe the place to be searched and the person or things to be seized. And then five, no person shall be held to answer for a capital otherwise infamous crime, unless on a present, present moment or indictment of the grand jury, except in cases rising in the land. Naval forces or in the militia when an actual service. Service and time of war or poet dangerous shall not any person be subject to the same offense to be twice, but put in jeopardy of life or limb nor shall be compelled in any criminal case. Be a witness against himself nor be deprived of life, Liberty, or property without due process of. Nor shall private property be taken for public use without just compensation, amendment six in all criminal prosecutions, the accused shall enjoy the right to expedient public trial by any impartial jury of the state and district we're in the crime shall have been committed, which district shall have been previously ascertained by law and to be informed. Of the nature and causes of the accusation to be confronted with a witness against him. We have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel, for instance, Pence, and then in suits of common law, where the value in controversy shall see $20. The right of trial by jury shall be preserved and no fat try by jury shall be otherwise re-examined in, in court in United States. Then according to the rules of the. The night access, the bell shall not be required. More excessive fines imposed nor cruel or unusual punishment being amendment nine. The numeration and constitution of certain rights shall not be construed to not deny or disparage others retained by the people and the 10th amendment, which is what I'm going to talk about today. Well, the powers not delegated to the United States by the constitution nor prohibited by it to the state are reserved to the states respectively or to the people. What does second minute mean? When legal terms, the 10th amendment and legal terms, 10th amendment as was known. If I rule of construction, it doesn't add anything to the constitution or taking things away, but it serves a very important function that tells us how to interpret the document. Thank a bit like a lens through which we evaluate everything else that does the tendons might make. On the middle of constitution, persons that are implicit to the documents. So the federal government is only to exercise these powers, delegated to it, and the people of the several states retain the authority to exercise any power that is not delegated to the federal government. As long as constitution does not prohibit it. Thomas Jefferson said that the. Foundation and the constitution is laid on this ground. And if you apply these rules to anything and does your proposals to your foundation or means strong? So basically 10th amendment says it's not the constitution. It's up to the it's left to the states. And so the constitution really was designed for a very limited government. And if you step back and look at the day with Doug, Joe Biden saying, go have mandates ma vaccine mandates eliminate, you can fly. We are going to, you know, spend all this money do all these things. And how's the, how's the government cotton. So big while there's a variety of things that have been abused in my opinion. And we're going to talk about some of those things. The first one is what's called the commerce clause and in it, the federal government claims that article. Section eight costs, three of the constitution gives power to regulate and control everything from healthcare to what kind of light bulb we can buy. And just about anything in between justice, Clarence Thomas has pointed out that under the court's expansive definition of commerce cost, the federal government has no meaningful limits. So this commerce clause has really become a problem. The commerce clause was never meant to give the federal government power to regulate manufacturing, agricultural labor laws, workplace safety, or a host of other activities. James Madison said, explain that one of the federal government was in power to regulate interstate commerce in the letter to JC Cavell dated February 13th, 8 25. Isn't primary to ensure. Between the states, but when the federal government will regulate activity economic activity, that doesn't directly relate to trade across foreign border states, it is you surfing as powers and by lighting the constitution, the commerce clause in long reason why we are in this pickle that we're in and as a cloth is the supremacy cause. And the supremacy clause misunderstood and abused nearly every American will tell you. Yeah. At the federal government is Supreme over everything and every one of them is wrong. The problem is that they leave out the three most important words in the cost in pursuance. The federal government is only Supreme when its actions are pursuance of the constitution. And since the constitution delegates very few powers to the general government, it isn't spraying very often. Constitution clearly limits federal sperm state to those objects falling within the general government governments, delegated powers and not one iota beyond them. When the federal government takes. Outside of the delegated outside of it still get it is if Alexander Hamilton said void necessary and proper. This is another one. Article one, section B cough 18 says the necessary and proper clause is often called the elastic clause or the sweeping cause. Cause many people believe it gives the federal government the power to do just about anything hour and the necessary and proper clause doesn't actually delegate any power at all. It's what's known as a recital as constitutional scholar, Bob nicknames. A recital passage in a legal document that has no substitutable effect that serves to inform the reader of assumptions fact beyond the document and not show the necessary and proper clause. Doesn't add anything to the authority already delegated to Congress. It does not allow for the creation of new powers. The cost simply reaffirmed that the federal government possesses some flexibility to exercise the numerous. Already delegated and my trash people are here. So you're probably hearing those outside as well. The last cost is the general welfare cause. Article one, section eight clause. One of the constitution, the general welfare clause is often referred to. The taxing and spending cause cough because it's an expansive use today. Many people claim it gives the feds, the authority to do anything and maximum, as long as it promotes the general welfare to take the costs as a general grant power for the federal government to do anything that promotes the general welfare would as mass and. Would be a metamorphosis of the constitution into a character, which there is a host approach was not contemplated by its creator. And I should note that I'm getting most of this information from the 10th amendments. Which is 10th amendments center.com. So just on where I'm getting that. So what can we do about it? Well, there's a very important concept, a concept referred to as notification. And that is one of the things that we are starting to see a little bit more today, and that is the state grabbing it and taking it. There are powers and ignoring what the federal government has put in place. So you've seen some of these places such put in their second amendment, sanctuary state counties, cities, those types of things saying, Hey, we're not going to enforce anything that we deemed to be unconstitutional is what a lot of these are doing the mandates that different states have put in around mask saying. We are saying that the masks, any math mandate. Are not appropriate or legal within state of Florida, state of Texas, those types of things. So they're trying to, they're trying to control some of the power that the federal government is trying to over put up over all of us. So, and when you get these vaccine mandate, That are coming down from Joe Biden saying that you have to get the shot. This is where nullification is going to become important. So what is nullification? Thomas Jefferson and James Madison. First formalized principles notifications and resolutions 1700. Audra Jefferson called it the rifle remedy to federal overreach mass and put it a different way. Saying a state is duty bound to interpose to arrest the progress of the evil. So nullification as, as is, think definition is any act or set of acts, which has that as a result of. Lobbying rendered locally, null and void or unenforceable in practice. Madison gives us a blueprint on how to do this and the Federalists voice six east, just four steps. Take off, take on counteract and stop federal programs, whether work or unlawful, the most significant being corporate being refusal to cooperate with officers of the union. The federal government involves this. And all aspects of life, but depends on state assistance to do almost everything. If states refuse to help, it becomes nearly impossible for the fairs to enforcer laws or implement the programs. We can use the strategy to undermine the all kinds of federal acts in practice for more or less spine. To other prohibitions, including vaccine mandates. Now the government has gotten a little sneaky and not even going around the states and they're going down to the corporate level and they're saying, Hey, Costco do this. So they're starting to try and control this by saying where we can shop, where we can fly or can eat. We can go see. Those types of things, but we need to continue to lean on our states to prohibit this government overreach that we're seeing today, because it is becoming dangerous. We are in a regime that continued to say Biden is a tyrannical regime, and they're trying to exert their control over us in every aspect of their life. And they do not have those, those controls. The ability via the constitution is extreme overreach of their powers. And we have to put into it today. Lean on your state. Laying on your own personal powers, but do not concede to their powers. So I implore you that this is important. This is what the 10th amendment is about. And that is why we have to continue to hold onto our constitution and protect it because it is there to protect us. I appreciate you listening. Today's going to be. A little longer one than usual, but I appreciate your patience and we will continue to talk about what's going on in this world and how we need to protect our rights and how we need to fight back. I appreciate you listening, subscribe to this podcast if you're not forwarded to others and let's get involved.