The Hamilton Corner

September 4, 2024 · 49:31

Would you look at that… the U.S. Constitution is the problem. According to Regressives that is.

Constitutional LawBible & Theology

Show notes

0:00 - 15:00. 1 Peter 3:13-16. Reason and persuasion is intrinsic to Christ-following. 15:00 - 31:00. Would you look at that… the U.S. Constitution is the problem. According to Regressives that is. 31:00 - 48:00. Two Marines were attacked during a regularly scheduled port visit in Turkey. To donate call : 877-616-2396

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Transcribed with OpenAI Whisper (base.en). Timestamps are approximate. Lightly cleaned for readability; quotations from on-air callers may include filler words. Use the audio player above for the authoritative recording.

  1. 0:00Darkness is not an affirmative force.
  2. 0:03It simply reoccupies the space vacated by the light.
  3. 0:07This is the Hamilton Corner on American Family Radio.
  4. 0:11It should be uncomfortable for a believer to live as a hypocrite.
  5. 0:15Delivery people out of the bondage of mainstream media.
  6. 0:18And the philosophies of this world.
  7. 0:20God has called you and me to be His ambassador.
  8. 0:24Even in this dark moment.
  9. 0:26Let's not miss our moment.
  10. 0:28And now the Hamilton Corner.
  11. 0:31Good evening, ladies and gentlemen.
  12. 0:35Welcome to the Hamilton Corner.
  13. 0:38I'm your host, Abraham Hamilton III.
  14. 0:41My heart is a bit heavy as this news is breaking out
  15. 0:44of Georgia to Appalachian High School.
  16. 0:47We are 14-year-old student.
  17. 0:50From the school has been identified
  18. 0:53as the alleged perpetrator, perpetrator,
  19. 1:00what all transpired there.
  20. 1:03Today, if you hadn't heard about it yet, and I'm just, just heavy hearted about it, man.
  21. 1:15Four people murdered two teachers, two students, total of 30 people injured.
  22. 1:29Our heart breaks for the family of the victims. I feel like as a society, we continue to put our
  23. 1:38heads in the sand collectively, you know, and you know what's going to happen. It's going to be the
  24. 1:44the obvious, you know, calls for gun control, predictable gun control calls, those things
  25. 1:51are going to happen.
  26. 1:52But we're conveniently ignorant of the fact that the United States of America has the exact
  27. 1:59same percentage of firearms to the population as we've always had, right, of all of American
  28. 2:10history.
  29. 2:12What we do not have that we used to have was a collective reverence for God.
  30. 2:22And it's just heartbreaking.
  31. 2:29This is a bit of breaking news as this shooting happened to happen today.
  32. 2:37All of the people involved are just on my heart.
  33. 2:43So I would just ask you to pray for the people in Georgia.
  34. 2:47And this 14-year-old young man, according to reports that I've come across, with these murder
  35. 2:52charges, it's expected he'll be tried as an adult.
  36. 2:56Obviously, this is early in the process and that could change.
  37. 2:59that that is where things are.
  38. 3:03All right, now the Bible tells us very plainly, man,
  39. 3:06where do murders come from?
  40. 3:07It comes from the human heart.
  41. 3:09It comes from the human heart.
  42. 3:11We have people all the time talking about gun violence,
  43. 3:13gun violence, we don't, people don't talk about knife violence
  44. 3:17in these areas of gun control.
  45. 3:18We don't talk about all these other things.
  46. 3:21When you, when a society rejects the giver of life,
  47. 3:29life is no longer held valuable.
  48. 3:39just heavy hearted at the moment.
  49. 3:42My man, a hundred grand, Mr. Bobby Arroza is in the building
  50. 3:45right across from me, the real J. Mac often imitate
  51. 3:47and never duplicated as in the studio.
  52. 3:50We ready to rock and roll with today's show.
  53. 3:53You know, one of the things,
  54. 3:54and even before I learned about what was happening in Georgia,
  55. 3:59one of the things I wanted to talk about
  56. 4:01was the historical occurrence.
  57. 4:04You might have heard about this before,
  58. 4:05maybe even read about it,
  59. 4:06or in an encyclopedia Britannica.
  60. 4:09You might even seen this in the museum.
  61. 4:13It's called, loving your neighbors, enough to talk to them.
  62. 4:19Remember when we used to do that?
  63. 4:21And I know in a lot of parts of our country, in many parts of our country, people still do
  64. 4:25it.
  65. 4:26But it is a declining phenomenon.
  66. 4:32It's a declining phenomenon.
  67. 4:34And I simply today want to spend a little bit of time to encourage you to love your neighbors
  68. 4:39enough to talk to them.
  69. 4:41to talk to them, to be willing first and able second,
  70. 4:50to converse with the people around you.
  71. 4:55We can have conversation as adults,
  72. 4:57even when we disagree.
  73. 4:59We should be able to disagree in a respectable manner
  74. 5:01and a respectful manner,
  75. 5:05because all people are made in the image of God.
  76. 5:07As a result, all people are worthy of respect.
  77. 5:09It doesn't mean that you have to accept
  78. 5:11everybody's points of view.
  79. 5:15But all people worthy of respect.
  80. 5:16So we engage them with respect, but we nevertheless have the opportunity to convey transcendent truth.
  81. 5:24Just go in the Word of God to 1 Peter chapter 3, 1 Peter chapter 3.
  82. 5:30And I want to discuss something that is intrinsic to Christ following.
  83. 5:34Alright, this is a very, very familiar passage of Scripture.
  84. 5:401 Peter chapter 3 verses 13 through 16 is where I'm going to go today.
  85. 5:48All right.
  86. 5:50And this is what the Word of God says is what the Lord says to us through the apostle Peter.
  87. 5:54And it's amazing to hear this coming from Peter because you remember his history.
  88. 5:59He was, how shall I say this?
  89. 6:03A socially obtuse man.
  90. 6:05And that weren't.
  91. 6:07You remember when he was pressed when Jesus was being arrested ultimately to be crucified
  92. 6:11and he wanted a distance himself from Jesus?
  93. 6:13He used choice language.
  94. 6:15Yes, yes.
  95. 6:16I don't know the man.
  96. 6:18Blah, blah, blah.
  97. 6:19So we couldn't play what Peter said around the fire on these airways.
  98. 6:23That's in the scripture.
  99. 6:26We know that his trade was out of a fisherman, which at the time he was a commercial fisherman,
  100. 6:30so he wasn't just casting a line, he was fishing with nets and had a blue collar investment
  101. 6:40if you will.
  102. 6:41And it is this socially obtuse, blue collared Peter whom the Lord uses to convey this to us
  103. 6:50through, which will simply convey that none of us have any excuse.
  104. 6:54All right.
  105. 6:55And this is what the word of God says.
  106. 6:56Now, who is there to harm you if you're zealous for what is good?
  107. 7:01But even if you should suffer for righteousness sake, you will be blessed.
  108. 7:06Have no fear of them nor be troubled, but in your hearts, honor Christ,
  109. 7:14the Lord is holy, always being prepared to make a defense or some
  110. 7:20translations there say to give a reason to anyone who asks you
  111. 7:25for a reason for the hope that is in you.
  112. 7:28Yet do it with gentleness and respect,
  113. 7:34having a good conscience so that when you are slandered, not if when you are slandered,
  114. 7:42those who revile your good behavior in Christ,
  115. 7:45maybe put to shame, maybe put to shame.
  116. 7:50Now this is amazing, especially coming from the person
  117. 7:53from whom it is coming, whom our Lord conveyed this to us through.
  118. 8:01This is Peter.
  119. 8:02You know, remember around the fire, I don't know the man.
  120. 8:07Wasn't an erudite rabbinical scholar.
  121. 8:14No.
  122. 8:15Peter was your regular blue collar dude, and he is the one that our God uses to convey the reality
  123. 8:24that Christ following, intrinsic to Christ following,
  124. 8:29is rationality, reason, and persuasion.
  125. 8:35All right, the text conveys honor Christ,
  126. 8:39honor Christ the Lord as holy in your hearts,
  127. 8:41in our hearts, that always is the starting point.
  128. 8:46Then we have a command given to us,
  129. 8:49always be ready to give a reason or to make a defense.
  130. 8:54that phrase in English comes from the Greek word Apologia.
  131. 8:57Apologia, that's where the discipline of apologetics
  132. 9:02derives its description from.
  133. 9:04All right?
  134. 9:05This is the blue collar,
  135. 9:10formerly colorful language using Peter,
  136. 9:14whom the Lord is speaking to us through,
  137. 9:15and say, man, by the way, you need to always be ready
  138. 9:18to articulate what you believe and why you believe it.
  139. 9:22You should always be ready to give a reason
  140. 9:26for the hope that you have.
  141. 9:27Always be ready to convey.
  142. 9:32Why?
  143. 9:32I've used this analogy before.
  144. 9:33Y'all know I'm from New Orleans, Louisiana.
  145. 9:35One of the things that you can call it
  146. 9:37a cultural pastime in my hometown is eating.
  147. 9:43And one of the things you'll find,
  148. 9:44some of the nicest people in the entire world
  149. 9:47living in New Orleans, Louisiana.
  150. 9:49And if you walk up to somebody and on the street,
  151. 9:51you can find a stranger, say,
  152. 9:52man, why can't I find a good bowl of gumbo?
  153. 9:55You can get a lot of answers.
  154. 9:56None of them are gonna be the commercial joints.
  155. 9:59where the tourists go to, all right?
  156. 10:01Because when you get a good bowl of gumbo,
  157. 10:04you want people to know.
  158. 10:07And this is good, I think that people know.
  159. 10:09Anybody who has good news, you're gonna wanna share it.
  160. 10:13We have an entire epistle from the Apostle Paul
  161. 10:17to the church at Colossae.
  162. 10:20But remember Paul didn't evangelize in Colossae first,
  163. 10:24look in chapter one, right at about verse eight,
  164. 10:26it was this guy named me Paphras.
  165. 10:29This is cat named me Paphras.
  166. 10:31He'd gone over to Ephesus, heard the gospel preached.
  167. 10:34The Lord opened his heart for salvation,
  168. 10:36and he came home and did what anybody would do.
  169. 10:38When you have an amazing life-changing encounter,
  170. 10:41you start telling people,
  171. 10:43probably started with his family and his coworkers.
  172. 10:46And as he's sharing what has happened to him
  173. 10:49or that's another good poll boy, listen,
  174. 10:51if you're in New Orleans,
  175. 10:52you wanna get a good poll boy,
  176. 10:53I'll just tell you,
  177. 10:54and they ain't even giving me any money for this,
  178. 10:56but going around on St. Anthony Street
  179. 10:58in the Seven Awards to Zimmers.
  180. 11:00That's not that's what it's shrimp po boy. Now if you want other ones, I got some other recommendations for you
  181. 11:05But I just start there looking Bobby's taking notes. I got some others for you
  182. 11:09You know, but I just start with that one
  183. 11:12But he patters did what anybody would do similar to woman at the well the Bible says that after she
  184. 11:24Encounters Jesus
  185. 11:25She goes back home and tells everybody coming me the man who's told me everything about my life
  186. 11:31This wasn't some commitment
  187. 11:32I want to join the new North American Mission Board and go and evangelize my city. No, it's just the overwhelming excitement of life change
  188. 11:39You gotta meet this man and here the Lord is using
  189. 11:46And ministering through blue collar former colorful language using
  190. 11:52non-scholarly
  191. 11:53nontheologically trained in the formal sense
  192. 11:57So much so when he was prior prior to when he and John were before the Sanhedrin and they heard Peter speak
  193. 12:03They're like, man, what did this do?
  194. 12:04Go to school, so to speak.
  195. 12:06Where did he learn?
  196. 12:08And then he's like, oh, oh, oh, oh, oh, oh, oh, oh, oh,
  197. 12:09oh, he's been with Jesus.
  198. 12:13This is something for all of us.
  199. 12:17Doesn't matter your background, your educational level,
  200. 12:20whether you're articulation of the King's English
  201. 12:22or lack thereof, we are commanded to always be ready
  202. 12:28to share with somebody.
  203. 12:31And what's envisioned there,
  204. 12:32because I know a lot of people try to absent themselves
  205. 12:35from the scope of this text by saying,
  206. 12:37Always ready if anyone asks you.
  207. 12:39No, no, the scripture is the same.
  208. 12:41You just sit around and wait.
  209. 12:43I was saying, well, God, nobody asked me any questions.
  210. 12:45No, it is that we live our lives in such a way to where it provokes inquiry.
  211. 12:54How can you in the year of our Lord, 2024, live life with so much hope?
  212. 12:58How can you be unshaken by the thing that surround us?
  213. 13:02How can you?
  214. 13:05It is a life lived, a quality of life that is lived that provokes inquiry and
  215. 13:10And then when the inquiry that corresponds to that peculiar life on display, we're always
  216. 13:16ready to convey.
  217. 13:19Intrinsic to Christ following is us having a reasoned faith that we can articulate but guess
  218. 13:29what that requires.
  219. 13:30Where as you and I have studied to show ourselves approved, every Christ following should be a
  220. 13:35theologian.
  221. 13:36That means you got to have letters behind your neighbor degrees and things of that nature.
  222. 13:40All it means is that we are study, we study students of God,
  223. 13:44theos, God is a root, logos, logic, understanding.
  224. 13:49That's the compound word that comprise theology.
  225. 13:53We should all be discipline learners of our faith,
  226. 13:55but it doesn't mean that you have to have a certain quotient,
  227. 13:59a certain quotient that you have to ascribe to in order
  228. 14:02before you can say anything to anybody.
  229. 14:03No use what you have.
  230. 14:04If all you know is if a gospel loved the world
  231. 14:07that he gave us only we got in son, that whosoever
  232. 14:11should believe on him, shall not perish,
  233. 14:12have everlasting life, go with what you know, use what you got.
  234. 14:19And the scripture says as you use what you have, more will be added to
  235. 14:22you, but we have to use what we have.
  236. 14:26Reason and persuasion are intrinsic to Christ's Christ following.
  237. 14:31We should be the people that are most willing to engage our
  238. 14:36neighbors and engage our loved ones.
  239. 14:39It's an indictment on the body of Christ that the world only knows
  240. 14:43that Mormons and Jehovah's Witnesses actually go out of their way to reach out to others.
  241. 14:47If we have the truth, don't you think we should live the truth?
  242. 14:51And when we live the truth, what we live will be shared as we convey what we know.
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  257. 16:18Shining light into the darkness. This is the Hamilton quarter on American family radio.
  258. 16:25Welcome back to the Hamilton corner, Abraham Hamilton. The third here, we should be willing,
  259. 16:36ready and confident as we engage our neighbors. And again, if there's no, if we're all in the
  260. 16:43process of learning and growing. But we should also use what we have, use what we have. Now,
  261. 16:52this is something that I've been, you know, I've been having in my preparation stack for
  262. 16:57a while and I feel like it's important to get to this now. And I know and I'm planning
  263. 17:01to, I guess, forensically examine the 18 minutes of recording recorded propaganda that CNN
  264. 17:13provided to us from Kamala Harris and her emotional support governor, Tim Walz. But I
  265. 17:27want to have a conversation about this first. And we may get to that interview tomorrow.
  266. 17:32Maybe we'll see. This happens every four years, but no, not every four years. This has happened
  267. 17:42every four years dating back as far as I can recall. I know it's happened before, but
  268. 17:47I'm talking about the cyclical occurrence really dating back to the Obama years, as far as I
  269. 17:56can recall.
  270. 17:57And what I'm talking about is these purported scholarly musings for the need for the American
  271. 18:10populace to jettison the US Constitution.
  272. 18:15In fact, no, it goes back further than that.
  273. 18:16I can remember, you know, during John Kerry's attempt to run for the presidency, that you
  274. 18:23had all of this kerfuffle about the electoral college, you know, being undemocratic.
  275. 18:31And it's like, yeah, and it's intentionally not undemocratic.
  276. 18:37It's just constitutionally Republican with democratic features.
  277. 18:42And as many of you know, Article four of the US Constitution guarantees to every US citizen
  278. 18:47a Republican form of government.
  279. 18:50This dates back to the late 1800s.
  280. 18:51I mean, it started late 18th century, has nothing to do with political partisanship.
  281. 18:56It has everything to do with structure of government and over the Labor Day weekend and continuing
  282. 19:04on up to now.
  283. 19:05I mean, I could rattle off probably 40 different purported scholarly articles that are going
  284. 19:15calling for the complete abandonment of the US Constitution.
  285. 19:20Get rid of it in total.
  286. 19:22You know, one of those is an example I have right here from the New York Times,
  287. 19:28right here on the New York Times.
  288. 19:29This author, I want you to know her name, Jennifer Zalai.
  289. 19:35She published this opinion piece in New York Times titled, The Constitution is
  290. 19:39sacred. Is it also dangerous? Is it also dangerous?
  291. 19:46And so I'm going to just give you my opening thesis of this right now.
  292. 19:54When you find this, usually what is happening is opposition to the US
  293. 20:01Constitution simply is being provided as pretext for people who favor totalitarianism.
  294. 20:08That's when it gets right down to it.
  295. 20:11We you can you can use a lot of big words.
  296. 20:13You can go through a lot of verbiage.
  297. 20:14But when it comes right down to it, the thing that frustrates them most is one, the separation
  298. 20:21of powers.
  299. 20:22You know, it bothers them tremendously.
  300. 20:25That power is not concentrated in one Pulitzer Bureau.
  301. 20:32The other thing that they hate is that it's so hard to change it.
  302. 20:39They hate it.
  303. 20:40They hate it.
  304. 20:42And I'm going to give you an example of what I mean.
  305. 20:44And this article, it is so, it's flawed at its foundation.
  306. 20:50Its musings are inconsistent because things that they're
  307. 20:52offering as proof positive of their thesis and the piece,
  308. 20:56they contradict in the same piece.
  309. 21:00You know what I'm gonna talk about?
  310. 21:01Like for example, it gets to one part where they say,
  311. 21:03it's so hard to change it.
  312. 21:04And then they go to a place talking about, yeah.
  313. 21:06But there was a time we had lots of change all at one time.
  314. 21:08And so, just because it's harder to change
  315. 21:10doesn't mean it's impossible, but there's a reason.
  316. 21:14And this is what I want to say, not just my overarching thesis
  317. 21:17that constitutional opposition usually is a mask
  318. 21:20for totalitarianism preference, totalitarian preference.
  319. 21:25I also want you to understand, and most of you
  320. 21:28who are listening to me right now, you do understand this.
  321. 21:30The inescapable reality is worldview,
  322. 21:36you cannot sidestep worldview.
  323. 21:39You're gonna always come back down to worldview.
  324. 21:42And usually the people who are opponents
  325. 21:44the US Constitution or become opponents of the US Constitution, they deny a core fundamental
  326. 21:52of humanity.
  327. 21:55They deny that the people that are advocates for humanistic utopia, they deny a core reality
  328. 22:01that is intrinsic to all humankind and simply it's man's fallenness, but they deny that.
  329. 22:06So let's get into it.
  330. 22:07The title of this piece is a Constitution is Sacred.
  331. 22:10Is it also dangerous written by Jennifer Zalai at the New York Times?
  332. 22:18So they Jennifer Zalai pits this broad side against the US Constitution using their favorite
  333. 22:29contemporary boogie man, John, Mr. 45th president of the United States candidate to become the
  334. 22:3747th president of the United States, Donald John Trump.
  335. 22:43pick up. Is no surprise then, I'm quoting from the piece, that liberals charged Trump, Trump
  336. 22:49with being a menace to the Constitution, but his presidency and the prospect of his reelection
  337. 22:54have also generated another very different argument that Trump owes his political assent
  338. 22:59to the Constitution, making him a beneficiary of a document that is essentially anti-democratic
  339. 23:06and this day and age increasingly dysfunctional. I'm going to pause, in quote. So this author
  340. 23:12is describing the US Constitution as anti-democratic.
  341. 23:19This is such a foolish, foolish statement because the Constitution clearly provides
  342. 23:25for democratic features, meaning popular participation.
  343. 23:29The only thing is that popular participation does not, is not found fundamentally and ultimately
  344. 23:37determinative because you have to go back.
  345. 23:40And this is why, and it is funny, because right now I'm teaching a civics class to homeschoolers
  346. 23:47that really is a combination of basic civics, a government with a particular focus on American
  347. 23:52government and introduction to constitutional law, all in one course.
  348. 23:58This is why we must have a conversant and intelligent populace.
  349. 24:02This is why the founders wrote the Constitution at a level to be consumed by all Americans,
  350. 24:08just from law students in their in their law schools, not for ivory towers. This was supposed to be a document that was supposed to be daily regular conversation piece.
  351. 24:19For everyday American citizens. That is what that is what it's supposed to be. I encourage people all the time. I have right here in this one little small
  352. 24:31pocket Constitution. I had the Declaration of Independence, the Constitution itself, every article and all of its amendments, George Washington's farewell address,
  353. 24:38as well as the sign of the Constitution,
  354. 24:41all in this one little, it's not,
  355. 24:44it doesn't take a long time to read.
  356. 24:46All right, getting back to this.
  357. 24:51To say the US Constitution is anti-democratic,
  358. 24:53you can use words if you want to,
  359. 24:54but it just shows you don't understand.
  360. 24:56Because you have to go all the way back to
  361. 24:57what is the basis of the Constitution?
  362. 24:59Well, since you asked, the basis of the Constitution
  363. 25:01goes back to some of the enduring
  364. 25:04and foundational contributing opponents,
  365. 25:06go back to 1520, the Make-Flower Compact,
  366. 25:09where we get the notion of the social contract,
  367. 25:11well, what is the social contract?
  368. 25:13The social contract stands for the notion
  369. 25:16that governments derive their just powers
  370. 25:18from the consent of the governed.
  371. 25:21Consent.
  372. 25:22So to make this very, very plain to you,
  373. 25:25there would be no US Constitution
  374. 25:28unless there was a ratifying process
  375. 25:31to where the citizens agreed to be governed
  376. 25:35by the US Constitution.
  377. 25:36The fact that there is a Constitution
  378. 25:38and that it exists is evidence proof positive,
  379. 25:41that it is the exact opposite of anti-democratic.
  380. 25:46All right, leave that alone for a moment.
  381. 25:47Back to this article.
  382. 25:49And I'm just walking through this
  383. 25:50because I want everybody to be able to converse well
  384. 25:55on this topic, back to the piece.
  385. 25:59Quote, after all, Trump became president in 2016
  386. 26:02after losing the popular vote,
  387. 26:04but winning the Electoral College, article three.
  388. 26:08He appointed three justices to the Supreme Court, Article 3, two of whom were confirmed
  389. 26:13by Senators representing just 44% of the population, Article 1.
  390. 26:17Those three justices helped overturn Roe versus Wade.
  391. 26:20A reversal, I'm sorry, I'll overturn Roe versus Wade.
  392. 26:23I'm going to stop the quote right there.
  393. 26:26All right.
  394. 26:27Yes.
  395. 26:28Article 3 of the US Constitution creates the Electoral College because the key to the Republican
  396. 26:34form of government guaranteed by Article 4, and we not only have a Republican form of
  397. 26:38government, we have a constitutional Republican form of government that we have a representative
  398. 26:46Democratic participation.
  399. 26:50And that representative Democratic participation must comply with the objective standard articulated
  400. 26:57in the U.S. Constitution.
  401. 27:01But the representatives who participate only get to participate because of the Democratic
  402. 27:05involvement of their constituency.
  403. 27:09It's not anti-democratic.
  404. 27:11It simply employs a diffusion of power because you've heard this maxim, power corrupts, absolute
  405. 27:20power corrupts, absolutely.
  406. 27:22The fundamental worldview notion that undergirds it is the binding element.
  407. 27:28You know, if you got a KitKat, you know, the gooey stuff in between the wafers, the binding
  408. 27:33element, the GUI stuff in between the wafers is the
  409. 27:35foundest understanding of mankind's fallenness and is
  410. 27:39pinching towards the gravity. That is why they didn't want a
  411. 27:45concentration of power. We need to diffuse this power. All
  412. 27:49right. And it's so amazing to me. Right. So they want to talk
  413. 27:54about, you know, the article three power and then the
  414. 27:56appointment of Supreme Court justices article three, yes, two
  415. 28:00of whom were confirmed by senators and they they committed
  416. 28:06contributed to Roe vs. Wade being overturned.
  417. 28:08You know what she didn't point out?
  418. 28:09What percentage of them participated in Roe vs. Wade
  419. 28:12being passed in the first place?
  420. 28:13See these people had no problem with the Supreme Court.
  421. 28:18You know, from about the 1940s, from FDR's term,
  422. 28:25all the way up until just really about, you know,
  423. 28:28Brett Kavanaugh, they have any problem with it then,
  424. 28:33but they have problems with it now.
  425. 28:36Why?
  426. 28:37because this is pretext for their preference for
  427. 28:43totalitarianism. This is no different than a baby that's one of the
  428. 28:46retimpantium when you tell them you can't eat a lollipop for breakfast.
  429. 28:52They're crying because it's just though it's not going their way for
  430. 28:55now. And so as true to totalitarian if they're not getting their way,
  431. 29:00they want to find a way to force their way. So then, oh man, this show is
  432. 29:05going too fast. Then Jennifer Zilai turns to the well regarded constitutional scholar,
  433. 29:13Dr. Erwin Chimerinsky, renowned constitutional law scholar, dean of UC Berkeley's law school.
  434. 29:21She quotes Erwin Chimerinsky, quote, the eminent legal scholar Erwin Chimerinsky worried about
  435. 29:27opinion polls showing a dramatic loss of faith in democracy, writing in his new book, No Democracy
  436. 29:33last forever.
  437. 29:34According to Dr. Jim Wrensky, it is important for Americans to see that these failures stem
  438. 29:41from the Constitution itself.
  439. 29:44Dr. Wrensky is saying the problem we have in America, you see, is the Constitution.
  440. 29:53Now this is rich for a number of reasons.
  441. 29:56First, this is a little inside information.
  442. 29:58You want to know who authored my textbook in law school for my Constitutional Law class?
  443. 30:03Our Constitution law textbook, that was about 3 1-1-2 inches thick, or Wanchi Merensky.
  444. 30:10Y'all want to know what was in my Constitution law textbook?
  445. 30:14That 3 1-2 inches thick was all case law.
  446. 30:17Well, hey, where is the US Constitution?
  447. 30:19I'm so glad you asked.
  448. 30:22The US Constitution was made a pocket part to my con law textbook.
  449. 30:30You can quote me on this and repeat this all over the country.
  450. 30:35The US Constitution was never assigned reading from our constitutional law class in law school.
  451. 30:39You know what was a sign reading three and a half inches of judicial opinions
  452. 30:44So you have to excuse me if I'm not surprised that renowned
  453. 30:48Constitution law scholar or when Jim Rinsky that necessarily see too much importance of the Constitution because I would think you know
  454. 30:55You think the Constitution is important. You're probably making a part of the body of your book
  455. 31:00And why am I pointing this out see what a lot of people don't realize is that our historical
  456. 31:08pro-Cid-U.S. Constitution was through a
  457. 31:10back-Black-Stonian ethic that won, did this amazing thing that actually studied
  458. 31:15the text of the Constitution, studied the debates of the founders that went into
  459. 31:19the crafting and drafting of the articles that studied the debates between the
  460. 31:22Federalists and the anti-Federalists that resulted in the Constitution's
  461. 31:25ratification not transpiring until there was a bill of rights created. And
  462. 31:31that the American populace demanded, you know, this thing that they're calling
  463. 31:34anti-democratic, the ratification did not occur because the American citizens
  464. 31:38demand it, the articles have drafted give too much potency to the national or federal government.
  465. 31:45We need to have individual assurances for the individual citizens and the individual liberty
  466. 31:51and for the liberty of the states in order for us to feel confident and comfortable with
  467. 31:56this document.
  468. 31:59But something happened.
  469. 32:00And this is why we have to understand culture is important because with the ascendance of
  470. 32:06Darwinian worldview with his initial work on origin of the species by means of natural selection
  471. 32:14in the struggle of the preservation of favored racists. That's the full title of his book.
  472. 32:18To where he applied his macro evolutionary theory to the animal kingdom first, and then
  473. 32:2311 years later, he applied it to mankind in his descent of man offering. His offering
  474. 32:31became so popular that it affected every sector of society, including Americans, American
  475. 32:36society, reaching all the way into the formation of our legal system, to where lawyers and judges
  476. 32:42or ultimately turned away from a Black stonian approach to our Constitution and embrace what's
  477. 32:48called legal positivism. What is the thrust of legal positivism? Well, human beings are smarter.
  478. 32:55Later, if it's older, it must be less complex, less intelligent, and the only things that are
  479. 33:01worth retaining are the things that are recent. So we don't even know any of our history. It is
  480. 33:05whatever we determine it to be right now.
  481. 33:4010 Laws.us.
  482. 33:41The Hamilton Quarter Podcast and One-Minute Commentaries are available at EFR.net.
  483. 33:54Back to the Hamilton Quarter on American Family Radio.
  484. 33:58Welcome back to the Hamilton Corner, man.
  485. 34:01I'm way off schedule.
  486. 34:07This legal positivism is what gave rise to the refrain that began to be used.
  487. 34:13The Constitution is a living document.
  488. 34:16What did they mean by that?
  489. 34:18The words on the page don't matter.
  490. 34:20The words in the document don't matter.
  491. 34:21We need to fit it to modern times.
  492. 34:24This is why you have people like, again, renowned legal scholar, now retired from the US Circuit,
  493. 34:31US Seven Circuit Court of Appeals, Judge Richard Posner, who infamously stated, quote, I see
  494. 34:37absolutely no value to a judge of spending decades, years, months, weeks, days, hours,
  495. 34:42minutes, or seconds studying the Constitution.
  496. 34:47The history of its enactment, its amendments, and its implementation.
  497. 34:5118th century guys, however smart, could not receive the culture, technology, etc. of the
  498. 34:5721st century, which means that the original Constitution, the Bill of Rights, and the post-Civil
  499. 35:02War amendments, including the 14th Amendment, do not speak to today.
  500. 35:07The Constitution is a living, breathing document.
  501. 35:10It is what we judges say it is.
  502. 35:14In quote, Judge Richard Posner for you folks.
  503. 35:18Now he tried to come back after the fact with some, you know,
  504. 35:22Milly mouth apology. Oh, I like that.
  505. 35:24Why that's not what I say. You meant what you said, man.
  506. 35:28Because he still tried to adhere to his philosophical approach,
  507. 35:31living document philosophical approach. But that's where this comes from.
  508. 35:37And with these guys, people who advocate for this position,
  509. 35:41what they simply mean is that they don't want to be governed by the constitution
  510. 35:48back to this piece in Dr.
  511. 35:49Chimerinsky. So Jin Zalai, after I have to keep turning to make sure I get it, get her
  512. 35:56name, she goes back to her article, quote, back in 2018, Chimerinsky, the Dean of Berkeley's
  513. 36:01Law School still seemed to place considerable faith in the Constitution, pleading with fellow
  514. 36:05progressives in his book, We The People, not to turn their back on the Constitution in
  515. 36:11the courts. By contrast, in his new book, No Democracy Last Forever, his position is markedly
  516. 36:17pessimistic, asserting that the Constitution, which is famously difficult to amend, has put
  517. 36:25the country in grave danger.
  518. 36:27End quote.
  519. 36:28I did not tell you what are the things that they hate about it.
  520. 36:31Is that it's hard to change it?
  521. 36:32Did not tell you that.
  522. 36:35Did not tell you that.
  523. 36:38One of the things that they hate about the Constitution is that it's hard to change it.
  524. 36:49Why do you think they hate that it's hard to change?
  525. 36:53And again, you will never be able to escape worldview.
  526. 36:57If you have a worldview that man has fallen and that is depravity is inevitable, then you
  527. 37:10would want what?
  528. 37:12Defuse power, separate the power, make it very difficult to change the Constitution.
  529. 37:20Not impossible.
  530. 37:21It can be changed, but in order for it to be changed, the people advocating for its change
  531. 37:27are going to have to do an amazing job persuading their fellow citizens.
  532. 37:33That's what our Constitution requires.
  533. 37:36We have mechanisms provided within the Constitution to change it.
  534. 37:40We just have to comply with that in order to change it.
  535. 37:44When you consider this is one of the things I talked about our civic students about, how
  536. 37:48many people have to be involved at the federal level in order to make law?
  537. 37:55Notice I said law, not in executive order, not in administrative edict law, which comes
  538. 37:59to Congress. How many members of the congressional branch are there? Yeah, 435 members of the
  539. 38:07US House of Representatives. You have 100 US senators to for every state. And you have a
  540. 38:12president that has veto power. It by design requires 536 people to participate in the
  541. 38:18process of making a law. Do you think the founders intended for lawmaking to be something
  542. 38:22that was to happen with the snap of a finger? No, why again? You cannot escape world view
  543. 38:32Now, if you come from the other perspective, then men are inherently angels, and men were
  544. 38:39angels, but there would be no need of government.
  545. 38:41So the fact that we acknowledge we need some government kind of affirms a notion that men
  546. 38:48have the capacity to do some heinous things to each other.
  547. 38:53And here's the other thing, that a lot of these people conveniently forget the founders
  548. 38:59never envisioned a United States of America with the most dominant source of governmental
  549. 39:05involvement in the day to day lives of American citizens would be the federal government.
  550. 39:12See, one or the other major foundational observations from this Republican form of government is
  551. 39:17that the government closest to you was always designed to be the most involved in your daily
  552. 39:22lives.
  553. 39:25So these are considerations that people like Gen Zalai, some of us have a spell are named
  554. 39:29Z, I'm sorry, S-Z-A-L-A-I, that's how you spell our last name.
  555. 39:36That was intentional.
  556. 39:39because the federal or national government
  557. 39:41was meant to be a feature of American life,
  558. 39:43not the feature of American life.
  559. 39:53Then Gen Zilai goes back to Ermett Cemorinsky in her piece.
  560. 39:56Quote, Cemorinsky lays out what would need to happen
  561. 39:59for a new constitutional convention.
  562. 40:02And in the book's more somber moments,
  563. 40:03he entertains the possibility of secession.
  564. 40:07West Coast states might form a nation called Pacifica.
  565. 40:13I can't quite have heard this before.
  566. 40:15But of course, of course.
  567. 40:18He hopes, however, that any divorce, if it comes, would be peaceful.
  568. 40:22Sure.
  569. 40:24Sure.
  570. 40:26Dr. Jim Arensky, who also, by the way, is Jewish, who was shocked that there were so
  571. 40:35many anti-Semites on UC Berkeley's campus.
  572. 40:39Really?
  573. 40:46Since the lie goes on.
  574. 40:48The anguish is in some sense a flip side of veneration. Americans have long assumed that the
  575. 40:53Constitution could save us. A growing chorus now wonders whether we need to be saved from it."
  576. 41:03So again, what are the sum of the features? They hate this separation of powers. They hate the
  577. 41:06fact that it takes a long time to change it. Why? Because they want consolidation of powers and
  578. 41:12they want these consolidated powers to be the emergency responders to every issue of the American
  579. 41:16citizenry. While one of the enduring features of the Republican form of government, the
  580. 41:23constitutional framework that the found is established is that there will be a separation
  581. 41:27of powers that the government closest to us will be the ones most directly involved in
  582. 41:31our everyday lives. And because we recognize that power corrupts and absolute power corrupts
  583. 41:36absolutely, we want government to remain small, small, small, and this cannot be achieved
  584. 41:46with the current constitutional structure.
  585. 41:52In a word, some people want to be
  586. 41:56unburton from what has been.
  587. 42:06Oh, my goodness.
  588. 42:09She goes on to describe
  589. 42:10Dr. Chimerinsky's perspective.
  590. 42:14Quote, as Chimerinsky puts it,
  591. 42:17this distrust of democracy embedded in the rest of the constitutional document
  592. 42:22reflects the framers' inability to conceive of a future
  593. 42:27where there was change.
  594. 42:28Now I mentioned to you that they said they hate that it could be changed but then on page
  595. 42:32five of the same article, they're going to know, oh yeah, by the way, there were changes.
  596. 42:36The way the US senators have been elected have been changed and women were granted the
  597. 42:39right to vote.
  598. 42:40But I thought you said it can't be changed.
  599. 42:43It can be changed.
  600. 42:45But see, when they say change, this is what they mean.
  601. 42:48And this is this is why I'm having this exercise with you.
  602. 42:50They don't mean actually changing the law.
  603. 42:53What they mean when they say change, they mean their ability to impose their will on their
  604. 42:57fellow citizens without the need to appeal to their fellow citizens. See the changes that
  605. 43:04the same article observes, which is what I'm saying. She contradicts herself in the same
  606. 43:07piece. On one hand, you can't change it. On other hand, you can change it. What's the point
  607. 43:12is it? No, the change that you want, you want quick changes that do not require you to appeal
  608. 43:17to your fellow citizen. That's what you don't want. You don't want to have the reason with
  609. 43:22people to get ratification in super majorities. You don't want to have to persuade people,
  610. 43:28you want to be able to impose your will.
  611. 43:32One of those kind of like, well, you know,
  612. 43:34you got a pass to be able to see what's in it.
  613. 43:36Never heard that before.
  614. 43:38Extrapolate that and extend that to like times a million.
  615. 43:43Do you realize FDR saw himself with his New Deal policies
  616. 43:48attempting to establish an American version?
  617. 43:51Again, of centralized government?
  618. 43:54That's what he saw.
  619. 43:55And to these regressive, FDR is like a paragon of virtue.
  620. 44:00They love him.
  621. 44:07Zanzaliah then goes on to object to originalism.
  622. 44:12She goes on to say, after observing, well, yeah, there were some changes.
  623. 44:19But for the last 50 years, but quote, for the last 50 years, the Constitution
  624. 44:23has appeared frozen in amber in quote.
  625. 44:27Yeah, if if they're not policy prerogatives that first of all rise to the level
  626. 44:34of constitutional importance, secondarily that have the support of the consent
  627. 44:39of the governed, it doesn't need to be changed.
  628. 44:41But again, often this objection to the Constitution
  629. 44:45is really just a pretext for totalitarianism.
  630. 44:51And then she starts to take the mask off even more
  631. 44:54and try to use scholars to justify it.
  632. 44:56I'm now on page six of her article, quote,
  633. 44:59"'The attorney and columnist Mediba K. Denny argues
  634. 45:02that originalist can a use of apolitical language
  635. 45:05ensnares liberals into treating originalism
  636. 45:08as coherent jurisprudence.
  637. 45:10even when it functions more like in ideology.
  638. 45:13Far from encouraging judicial restraint,
  639. 45:15she writes in the originalism trap,
  640. 45:17originalism is much more effective in restraining judges
  641. 45:21from doing good things in quote.
  642. 45:24You see, you see the issue that they have,
  643. 45:29their objection to the Constitution
  644. 45:33is a pretext for totalitarianism.
  645. 45:36She doesn't want judges to be restrained to adhere,
  646. 45:40to protect and defend the Constitution,
  647. 45:42she wants judges to do good things,
  648. 45:44which should cause every American citizen
  649. 45:46to say, by what standard do you use the term good?
  650. 45:49Because when she calls good things,
  651. 45:55may not necessarily be what you would call a good thing,
  652. 45:57but she nevertheless wants judges to be able
  653. 45:59to do the good thing because, say it with me,
  654. 46:02because the desire is totalitarianism.
  655. 46:07The only people who object to the constitutional structure
  656. 46:10are those who want to impose their will.
  657. 46:13They're frustrated by not being enough to have
  658. 46:16slim, simple majorities.
  659. 46:20No, because one of the features that the founders understood
  660. 46:25is that because a man's fickle heart, it ebbs and flows.
  661. 46:29And just by the way, for those who've never heard
  662. 46:30these things before, the founding fathers
  663. 46:33scoured the globe for all founds of types and forms
  664. 46:36of government and landed on a Constitution Republic
  665. 46:40because they recognize a few things.
  666. 46:42Let's go with Fisher Ames.
  667. 46:43We'll start there.
  668. 46:46Fisher Ames, who was a delegate to the ratifying convention for Massachusetts.
  669. 46:51All right?
  670. 46:53He said this quote, a democracy is a volcano which conceals the fiery materials of its own
  671. 46:58destruction.
  672. 47:00These will produce an eruption and carry desolation in their way.
  673. 47:04Halabensman Rush, one of the signers of the Declaration of Independence, he says quote,
  674. 47:09a simple democracy or an absolute democracy is the devil's own government.
  675. 47:15quote, see the founding fathers were fleeing a monarchial tyranny.
  676. 47:21And they said in their debates, we don't want to exchange a
  677. 47:24tyranny of a king for a tyranny of the 51%.
  678. 47:28So we need to diffuse power that will require our citizens to
  679. 47:32reason one another in order before, in order for governmental
  680. 47:37wins to shift.
  681. 47:38John Adams, second president of the United States said this,
  682. 47:41quote, remember democracy never lasts long.
  683. 47:44as soon wastes exhausts and murders itself.
  684. 47:47There was never a democracy yet that did not commit suicide.
  685. 47:52Noor Webster quote, in democracy,
  686. 47:56there are commonly two moats and disorders.
  687. 47:58Therefore, a pure democracy is generally a very bad government.
  688. 48:02It is often the most tyrannical government on earth.
  689. 48:05End quote.
  690. 48:07You have John Witherspoon, first early dean
  691. 48:09of the University of New Jersey at Princeton,
  692. 48:12who became Princeton University.
  693. 48:15Don Witherspoon said this,
  694. 48:16pure democracy cannot subsist long, nor be carried for,
  695. 48:20sorry, cannot subsist long, nor be carried
  696. 48:22far into the departments of state.
  697. 48:24It is very subject to caprice
  698. 48:26and the madness of popular rage."
  699. 48:29End quote.
  700. 48:31This is why the founders rejected the notion
  701. 48:33of a simple democracy, tearing it up to 51%,
  702. 48:36in exchange for a constitutional Republican form
  703. 48:39of government with democratic features.
  704. 48:42Defuse a separate power, okay?
  705. 48:46Decentralize it, allow the people to elect representatives
  706. 48:53who are literally tasked with re-presenting this.
  707. 48:57This literally was the government that was employed
  708. 48:59to replace the articles of Confederation.
  709. 49:04So again, I want you to be aware of this.
  710. 49:07The founders rejected the democracy
  711. 49:08and you only really have to go to our Pledge of Allegiance
  712. 49:11which says we pledge allegiance to the Republic
  713. 49:14for which it stands because they understood
  714. 49:16An absolute democracy is nothing more than mobocracy.
  715. 49:22The views and opinions expressed in this broadcast may not necessarily reflect those of the American
  716. 49:27Family Association or American Family Radio.

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