WEBVTT

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Well, whiskey coming, fame,
my pain, my brain, Oh whiskey,

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don't let me go. From Powerline
blog dot com and produced by Wicochet

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dot com. This is the three
Whiskey Happy Hour with your bartenders Steve Hayward,

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John You and Powerlines International Woman of
Mystery Lucresha's gotta give me and let

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that whiskey blow where you're being in
love down and low. Welcome everybody to

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another episode of the Three Whiskey Happy
Hour. I'm your host, John You,

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and I'm joined as always by my
two co hosts, Steve Hayward,

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Hello Steve, Hi John, and
Lucresia, the International Woman of History.

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Hi Lucretia, Hi John, I
miss you already and then you're taking off

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for another country, leaving me behind
very so but Lucretia. I didn't even

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know if Lucretia would fit. Lucretia
would fit in so well in Korea,

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where I'm headed for a week,
because Koreans have Roman virtues of the republic.

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They're tough, they're tough people.
Everybody a lot of Korean friends.

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I do, John, because my
town is a military town and soldiers are

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are you know, stationed PCs to
Korea and then come back with Korean wives.

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So this is a very Korean town
that I live in. So um

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I have and and quite a few
Koreans go to my uh my church,

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and my church often has special services
just for them. And on Corpus Christie

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Sunday, a lot of the lovely
Korean women dress up in their their what

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would you call them native? Not
native, that's not the right handbock,

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No, their native costume, their
native custome to do the Corpus Christie,

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you know, Church of Christ,
bio Christ and cool and yeah, so

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I'm way more Korean, a Korean
Korean a file than you might think.

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But we're not my only Korean friend, but Lucretia and we're on zoom here.

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Of course, do you believe this
is really John? You present?

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And not a chat gpt AI bought
because it starts off so low key.

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I mean, I'm used to John
showing up on the Fox News on the

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Ricochet podcast and it's boom with a
wise crack and his high energy guy,

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and here he's all low key and
you take your host duties too seriously,

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John, that's all So yeah,
I can't have enough McDonald's products today.

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I don't want to say, really, you should take a screenshot, because

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if if all of our listeners could
see John tonight, not only would they

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be shocked and dismayed at how much
of a preppy he looks like he's got

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on a v nextwetter. Of course, you know, he's got his library

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behind him and the sweaters from and
of course it's a Brooks Brothers sweater.

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And he's trying to get into Harvard
ease they already did so even though he

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was Asian. That just excuse me. That just tells you how smart John

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is that he was able to get
into Harvard before the Supreme Court opinion.

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Yeah, when it was there was
still racial discrimination. I actually think I

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should get like a contribution from every
Asian parent in the country because of all

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the hard work for thirty years I
have. I have almost by myself tripled

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the chances of every Asian kid of
getting into Harvard. That's got to be

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worth something. Yeah, And I
told, I told you. I told

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this terrible joke on the Ricochet Main
podcast when Peter Robinson said, oh,

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I've seen you on Fox and CNN
and all these outlets about the Harvard case,

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and I said, you know what
that is, Peter, and he

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said, well, I said,
that's what we call the Asian victory Lap

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for the first and only time ever. And then, by the way,

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because it was it came out just
a little bit after our last week podcast,

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but John sent it to me.
I had seen it, but I

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still laughed. It was the Babylon
Bee that said, uh Asian American students

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celebrate Harvard decision by taking a five
minute steady break, And I said,

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the Swimpson, you know, in
my day would have been thirty seconds.

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So guys, Steve, what do
you drink? Steve? What are you

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drinking too? Yeah? I am
finishing off a bottle of Aaron A A

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A R R A M ten year
old? Uman? What is that?

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It's uh? Where's it from?
It's from the Isle of Erin. I

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think look it up here. I
was gonna say, say it sounds vaguely

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old Testament or you know, Game
of Throne something. I don't know.

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Um, uh, I don't know. I don't even know where I got

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it, but I have it.
That's very nice. Yeah, I love

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Aaron. Yeah, so I have
a pron and pardon me, I'm choking.

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That is that you know I'm a
morning person and John is a nice

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night person. We're taping this a
little bit late past my drinking hour.

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I did have an entire bottle on
my own, mostly of a beautiful Italian

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wine. But I want to tell
you that I was able to order an

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entire case. I got the very
last bottle of a twenty fifteen Castello Cacciano,

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which is of course our good friend
Genevra's winery, which is the fourth

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oldest family continuously operating family business in
the universe, in the world, and

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this was an oldest winery, yes, continuously operating, and I was able

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to order a case of it.
When I do, I'm going to save

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a bottle for us to have together
next time we're going to get together.

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So it's Countess, isn't it.
Don't blow our cover. Don't blow a

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baroness, right, I won't.
I'm not going to say anything more about

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her because they don't want to get
him in trouble or anything like that.

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But but anyway, she was a
lovely woman that we all adore from Italy,

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and she happens to be married to
a baron who lives in a castle.

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They both live in a castle,
from the eleventh century and his families

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and making wind there for eight hundred
years or something. You know. Believe

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the other the other part of the
story is that they're mentioned in Dante's Infernos,

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one of the families of Tuscany.
Yeah. Really, there's this dream

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named after them in Florence. Yeah, oh my goodness. Yea. So

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anyway, you know, our listeners
probably love the idea of me taking them

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to McDonald's, but I didn't get
a chance. Next time, next time

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they visit, I'm going to introduce
them to the joys of American cuisine.

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But wait a minute, I have
to ask you, John, how was

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horseback riding? Ah? So,
you know, entertaining Italians is never just

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a simple walk down the road or
a little hike. My Italian visitors because

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Stephen Lucretia took them around a little
bit down San Francisco and then they bailed

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out on me, and I was
responsible responsible for all these Italians for the

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next few days. So I said, what would you like to do?

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And I thought they might like to
see, you know, like the Chance

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of America you're amid Yeah, our
library. No, they wanted to go

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horseback riding along the ocean. So
I had to figure out. Oh my

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butt still hurts. I had to
go to I don't understand. I'm like,

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how did mankind survive before the combustion
engine? I mean that was painful,

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right? And what did you do
when you ran out of quarters?

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John, I was really riding a
real horse. I photographic evidence. I'm

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going to send it to you.
You could post it. And then I

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took them the next day. They
wanted to go on the base, so

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I took them kayak around San Francisco
Bay and you know what, I have

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so much fun because I said,
they know nothing, So I said,

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you know there's we're gonna see seals, and we're there seals. There are

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great whites. Yeah, they freaked
out. So I said, every seat,

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if you see anything under the water, large moving fast, that's probably

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a giant sharp Oh it was so
much fun. They freaked out. I

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didn't tell them until we turned it
back that there actually there are great whites

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in the bay, but not many
as far as we know anyway. So

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then and then on July fourth,
I took them to a big, good,

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old fashioned American barbecue with all you
could eat hot dogs and hamburgers and

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ice cream sandwiches and apple pie.
Oh good with a so and you guys

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would like this with a seventies eighties
cover band. Oh okay, you know

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that's that's America. Yet absolutely that
sounds like wonderful. The rest of it,

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I'm not so sure about the guyaking
would be okay, But it's been

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a long time since I've been on
a horse to John, and I grew

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up in horse country. But uh
yeah, that's a that's a thing younger

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people do and stupid people when they
get older. Anyway, anyway, glad,

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I'm glad you had fun. I'm
glad we did. And what are

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you drink? So I'm having since
since it was July fourth this week,

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and we're going to talk a little
bit about the podcast about the Revolution and

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the Declaration of Independence. I thought
I would have Jefferson, a rye from

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one of the original colonies. So
I have whistle Pig here, right,

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which if er yeah, but I
hate Jefferson. I'm a Hamiltonian, you

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know, so I just can't stand. So this is whistle Pig Farm stock

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rye eighty six proof made and sure
Vermont which I'm sure they pronounced Shaham Vermont

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in New England probably, so whistle
Pig Eyes is probably my favorite rye these

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days. Okay, so let's oh, of course, Actually Lucretia's will like

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this. Lucretia got us all three
whiskey half hour water for crystal glasses,

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and I put it right behind my
head when I'm on Fox. Every time

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i'm FOM, I swear to God
it's right back back here, right behind

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my head. So the discerning,
discerning watcher, we'll see it and want

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and want to buy one messaging.
Okay, so let's start on the many

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topics we have today. First was
all, we're all the conspiracy theories that

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conservatives have about social media actually true. And I'm talking about the case that

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came out this week Missouri, or
as I learned to pronounce it, Missouri

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after I worked in the Senate,
Missouri versus Biden, a decision that came

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out this week from a district judge
in Louisiana who found that the United States

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government had been in cahoots with the
social media companies to engage in censorship of

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conservative speech, and having found that
then and joined federal agencies essentially from working

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with the social media companies going forward
So Steve, let's start with you.

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What did you think about this decision? Do you think that the judge went

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too far or got things right?
And finding that the government had so either

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coerced or encouraged the social media companies
to engage in censorship that it amounted to

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a violation the First Amendment. Yeah, so, as you mentioned, well,

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what a couple baseline things. The
opinion is one hundred and fifty five

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pages. Now it's double space,
so it's not commensurate with say, two

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hundred and thirty seven pages of the
Harvard Supreme Court decision. But it's also

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a district court case, which means
a lot more of it is less about

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the law than a finding of the
facts. As the judge sees it has

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emerged from the trial, and boy, is the narrative of the facts ever

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gripping because it's yeah, they censored
conservatives, but also some liberals. They

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talk about how Robert F. Kennedy
Jr. Was censored, And lots of

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details and maybe they can be contested, I don't know, but lots of

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details of federal government agencies and the
Biden White House having these meetings with social

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media companies and with YouTube and so
forth to take down and otherwise censor claims,

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often that they turned out later to
be true, like on masks and

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other parts of COVID. Let me
just insert here that one of the plaintiffs

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in the case that's wrapped into the
Missouri against Biden, it was Jay Batachar.

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Yeah, I think it's been vindicated
on every single point and everything anyway,

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and so he gave an a junction. And one news item I did

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see late Thursday is that the State
Department, I think it's at the State

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Department, has canceled their regular bi
weekly meeting with Facebook to talk about how

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they do content a policing. So
so we'll seeven holds up on appeal.

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There are some suggests exceptions for national
security issues, but that would be you

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know, genuine foreign espionage and for
an interference, but that's different from censoring

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American citizens, which they were.
And the judge is pretty clear that,

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oh, they did this and it
has to stop. I know both of

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you, but first of John and
Steve that I'm going to take a little

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bit more strident view of this.
I would when I read the opinion.

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What I was shocked about wasn't so
much the collusion you might find between say

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I'll just pick one, because there's
several between Facebook and the h and different

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agencies of the federal government, but
specifically the Biden administration, the COVID Digital

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whatever people. It was the the
veiled threats and the way that they used

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Section to thirty threats and other kinds
of things to just turn these these Facebook

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I'll keep it at that. It's
pretty much true across the board, these

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Facebook um censor csars into just these
these patsias for the administration. You know.

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Oh, well wait a minute,
you said you were doing this,

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but you're not doing it well enough. Oh, we'll get you back in

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answer in twenty four hours. We
promise, We promise me, we'll try

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to do better. We promise,
we'll do whatever you can. And that

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whole thing was what really shocked me
is how obsequious the social media executives were

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to these political hacks in the Biden
administration. That shocked me beyond all belief.

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I was. I expected, you
know, I'd heard, like you

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say, there were rumors, but
just oh my god, it's the government

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and whatever you want, so I
will do. I'll get your back.

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You want to an answer twenty four
hours. I'll get it in twenty four

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minutes, you know, all the
way through. That's let me let me

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just interrupt just briefly. The reason
why the opinion is long, why it

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is one hundred and fifty five pages, is a judge lists example after example

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after example, and I think one
thing, it's hard to appreciate. You

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don't get the sense from the newspaper
stories about this. It's hard to appreciate

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how intensive the relationship was between the
Biden administration and social media. I mean,

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there's it sounds like the Biden White
House was emailing Twitter and Facebook every

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day and take this down, Facebook, take this person off. Sound like

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desperate eighth grade girls. Well,
I think it was. That's what I

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was saying. That's what I was
Steve's what I was trying to suggest opening

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up is I thought, oh,
it's gonna be a long slog, one

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hundred and fifty five pages of a
district court judge. You know, But

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Dan, it's it's it's actually kind
of gripping the further in you go.

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And so I'll just give you one
quote. I pulled out a page ninety

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seven. So, uh, this
is a message from the White House to

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who Sorry, oh, I don't
see what never mind the content the message,

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so what's important? Quote? Cannot
stress the degree to which this needs

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to be resolved immediately? Please remove
this account immediately they want? You know,

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I Twitter, doesn't matter which social
media company, but ordering them to

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delete an account and you know,
block somebody now The one one worry I

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have. Can I say, Steve, you missed her best one on that

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list number K where it's as flierty, who's a White House official? To

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Facebook? Quote, are you guys
effing serious on editing there? I want

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an answer on what happened here,
and I want it today. Yeah,

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right now, they're all like that. No, it's it's a wonderful dossier

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of how bad these people were on
both sides. The one worry, which

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I guess I shouldn't worry about that
much, but absently the federal government coercion

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and involvement in the matter, might
the social media companies on their own be

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even worse. I mean, you
know, we know what kind of people

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work in these places, and they
might actually be more aggressive censors without some

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minimal involvement in the federal government.
I don't know. Let me ask you

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Lucretia. Let me ask you that
that would be the defense. There'd be

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two defenses for the White House.
One is and one of them. Actually

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one of the defenses works better the
worse the social media companies are, because

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what one thing the government could say
is we weren't coercing anybody. We were

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just bringing things to their tension,
errors and mistakes. The social media companies,

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by themselves are so left wing they
would do this anyway. The government

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doesn't need to coerce them to be
left wing censors, because that's what they

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would be on their own. Quite
frankly, John, that was the opinion

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I had of things before I read
this case, and this case actually,

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I think just decimates that idea.
There is no doubt in my mind that

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this is the worst kind of,
uh what coercion on the part of the

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government. And it's by the way, we've kind of generalized this a little

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bit too much. It's not just
COVID, although it absolutely is COVID.

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It's not just the um, the
anything anything about any irregularities in the twenty

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twenty election. It's also anything about
Hunter Biden, Hunter Biden laptop. It's

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also anything about the economy, about
gas prices about on and on and on

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and on and on that anything that
might have presented the Biden administration in the

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tiniest bad light or prevented the Biden
the hopeful Biden administration call it that from

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being able to manipulate COVID to ensure
that they could get away with all of

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the things they did in order to
call I can't, I can't say anything

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else after reading us to steal the
election? You know, they they censored

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reports about states that did away with
their signature requires for mail and valids,

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their postmark requirements, and anybody who
came out with anything about it were censored.

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And when Facebook again I'll just leave
it at Facebook or Twitter obviously came

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back and said, well, this
hasn't really come under our censor guidelines.

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It was excused the language, but
effing do it anyway. We don't care,

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right, And so that that that
that's my answer to you, John,

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I don't think that there was a
defense by the Biden administration that they

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were just sort of, you know, encouraging what social media was already doing.

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They were tyrants, they were they
were despicable in all of this,

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more than I ever even dreamed as
possible. One other thing that doesn't come

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through, I think in the newspaper
accounts is the involvement of universities. So

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if you look at the opinion,
it talks about how right, there's the

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agencies of the government and the White
House, and you know, some of

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our most important intelligence agencies monitoring the
Internet asking Twitter, Facebook to take these

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posts off. But a lot of
times these government agencies are taking the information

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from something called the Virality Project,
being called like the Internet Observatory that's at

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Stanford. And it's incredible this he
was just this is on page eighty five

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the opinion, if you're curious,
the Virility Project made up a list of

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the primary spreaders of misinformation, as
they called it. So on this I

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don't even know who some of these
are. Jill Hines, I don't know

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who that is. One American News, Breitbart News, Alex Barnson, Tucker

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Carlson. So this Viralty Project basically
kept sending information to the government every time

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Tucker Carlson said something about vaccines to
get it removed. Number six, all

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of Fox News, number seven,
Candice Owens, number eight, the Daily

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Wire. And to Steve's point that
this is a Bipartisan Censorship Operation. Number

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nine, all of Robert F.
Kennedy Junior was to be removed from the

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Internet. Number ten something called doctor
Simone gold and America's Frontline Doctors, which

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sounds pretty good to me. And
number eleven doctor Joyce Mercula. I'm actually

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shocked that the lucretia to be identified
is not number twelve on the list.

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But the one interesting thing is that
the universities were involved with this too,

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not just social media and not just
the Biden administration. What do you think

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that, Steve, I don't know
why would be surprised to that at all.

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I mean, it sounds like their
kind of thing. I mean,

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I think I told you guys that
during COVID, Deborah Burks planned on making

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a visit to my university. At
the time, we had a former surgeon

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General, Richard Carmona as our incident
response commander for COVID, and he invited

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and she came, Deborah Burks,
And at first, you know, people

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were up in arms because this was
still under the Trump administration, and nobody

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in the entire university, of course, wanted to have anything to do with

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anyone associated with the Trump administration.
But as it turned out she was welcomed

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with open arms and you know,
parties and whatever she was because you know,

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she she wasn't any part of the
Bush, the Trump administration. She

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was part of this whole incredible attempt
to just shut the country down so that

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the elites could get what they wanted
during COVID. And you know, I

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don't see any other way forward on
it. I really don't. This is

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this isn't just about COVID, but
the you know, shutting down any kind

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of complaints about children. That the
Hinds lady that you mentioned, by the

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way, was from Louisiana and she
was the one who was trying to get

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Louisiana schools reopened. And she had
one time had over one point one million

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subscribers I think on Facebook, and
by the time they were done with her,

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she would within a couple of weeks
she was down to eighty five thousand

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because they, you know, between
algorithms and so on, completely censored her.

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She was calling for she said,
look, there's no evidence that children

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should wear masks, there's no evidence
that we need to cut schools done.

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There's no evidence that children or at
any risk whatsoever from COVID and they shut

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her down. They completely shut her
down. Why why? Yeah, Okay,

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let's turn to some the issues still
some of the issues still burning from

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the Supreme Court term. I want
to get your take on this story that's

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come up in the wake of the
three or three Creative case. You remember,

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three or three Creative is the case
of the website designer who did not

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want to make wedding design wedding websites
for gay marriages Colorado, which had earlier

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persecuted I think his name is Jack
Phillips. The baker who didn't who didn't

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want to bake cakes for gay weddings. Colorado has a antidiscrimination law which includes

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LGBTQ plus I think I got them
all there, and so in a I

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think a resounding victory for freedom of
speech and freedom of thought. The Court

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said that Colorado could not force the
website designer, and I think by implication

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obviously the baker and the florist and
all writers and anybody else whose work involves

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free speech or expression from having to
bend anee, as it were, to

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diversity. But there have been claims
now from the left left left in the

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media. It's just not a tiny
dribble of claims. This is a huge

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firestorm of claims that the case was
all made up. And the reason why

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they say this is because I think
there was a report in the New Republic

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and they're repeated endlessly, I think, and left wing media suggesting that there

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was no real gay couple that actually
wanted the website in the first place.

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Steve, what do you make of
this? Why all the storm and drying

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about, Yeah, whether this is
true? Well, I mean there's two

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or three things to be said about
it. One is, I thought the

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case represented yet another instance of cleaning
up a mass left by Anthony Kennedy,

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because you know, they heard the
Masterpiece Cake Shop case, which was very

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similar or coloraud of statute. And
you know, his opinion, as I

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recalled, ruled in favor of the
baker Jack Phillips, very narrowly. But

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it was on kind of as grounds
as I recall from that Texas case where

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he talked about or No, it
was actually Romer v. Evans. That's

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the where he wanted to said,
where a law that is motivated by animus

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against the particular group is unconstitutional.
What the textual basis for that is,

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I don't know. But the point
as he was trying to use the same

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logic he'd used in the gay rights
case of Romer v. Evans I against

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that law. But it should have
been a straightforward religious liberty or first amendment

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or let me just let me just
jump in right, what was so yeah,

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let me just jem me what Actually
what Kennedy said in that in the

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Masterpiece Cake Shop wasn't that the law
was at fault, that the this is

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so stupid. The state administrative agency
that held a hearing about whether the baker

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violable was essentially too mean. Yes
to the baker, right, yeah,

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that's where the animals was essentially what
she held. They have a very aggressive

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and the logically left state civil Rights
commission that made Jack Phillips's life miserable.

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It was going to compel re education
camps for his employees and him. But

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then the deeper problem. I actually
wrote an article about this ten years ago

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in that case first popped up the
law as I understand that attempts to define

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the cake baker, a website maker, a photographer whoever, as the equivalent

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of public accommodations. And you know, we've always had the exception of public

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accommodations open to anyone, hotels,
restaurants, going back to the nineteenth century.

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One of the few things the this
year he got right about civil rights

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in nineteenth century, And is that
really the same? I mean, the

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point about the cake maker is everyone
should remember about that case. He Jack

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Phillips, a religious guy. He
was willing to sell any donuts, any

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bread, any standard cakes that he
made to anybody. What he would not

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do is make a custom cake.
And he was very well known for his

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fancy cakes. He'd hand custom design
that expressed same sex marriage. He did

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not make cakes for a couple who
were getting divorced. He would not make

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cakes for Halloween. So he has
a very consistent practice, but only denying

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a cake to a same sex couple. By the way, before same sex

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weddings were even legal in Colorado.
I mean, I think it's worse and

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worse the more you go through the
facts. And Kennedy just did this crazy

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thing about oh they were mean at
the Civil Rights Commission. If he ruled

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correctly the first time, we wouldn't
have had this second case. Okay.

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I thought for a long time that
the public accommodations rationale civil rights was going

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to run sooner or later head on
into the First Amendment of rights of freedom

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of religion and free expression. This
is either compelled speech in either case or

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religious liberty right. And you know, we've never had a case. I

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don't think we ever good get one
that you know, a Baptist hotel won't

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allow Catholics in, right, we
wouldn't, you know, I think we

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wouldn't allow for that. I forget
how the reasoning would work. But you

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know that makes some sense as well
as a racial discrimination. But you know,

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as our pal Richard Epstein points out, the rash and now for public

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accommodations is there might not be another
hotel for fifty miles, so you're really

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imposing some hardship. It turns out
that you can look up online and find

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all the gay wedding web designers and
bakers you want with a fifty mile radius

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of wherever you are, so there's
no constriction from the marketplace on the ability

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of people to get the services they
want. And by the way, why

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do you want a cake from a
cake maker? Who? I mean,

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they picked on this guy, right, they're obviously going out of the way

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to pick on these people. The
left is and to make them submit and

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compel them to agree. It's the
Cooper Union thesis, Lucretia, that you

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and I are eventually going to write
up, and so it's really offensive in

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that respect. So so the thing
here is, sorry, I'm rambling too

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much. The thing here is that
no one had yet asked for a customized

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wedding website. But this is one
of those cases. And you'll have to

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give me the technical term, John
of where the court says, ah,

377
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but this is going to happen and
let's get onto it now. Which is

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I think similar to cases in past
I can name. I don't think this

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is that unusual or rare. Oh
yeah, yeah, in part actually what

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and this is I think this is
going to happen over and over again.

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And Lucretia was talking about this last
episode about you know, whether conservatives are

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still going to obey all these limits
on judicial power like standing and so on.

383
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The ability to hear this case on
the part of the court came about

384
00:30:23.039 --> 00:30:29.279
because I think of a famous liberal
exception to standing. So usually, right,

385
00:30:29.319 --> 00:30:33.039
you need to if there's a law
that's passed, Usually you can't sue

386
00:30:33.200 --> 00:30:37.359
before the laws enforced. You have
to wait for the government to come after

387
00:30:37.400 --> 00:30:38.799
you, and then you have speech, and then yeah, you have to

388
00:30:38.839 --> 00:30:45.519
be injured. But long ago liberals
on the court made an exception of our

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00:30:45.559 --> 00:30:49.440
free speech. They said, if
a law affects free speech, normal rules

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don't apply because the mere presence of
the law would have a chilling effect on

391
00:30:55.680 --> 00:30:59.880
you, and you might censor yourself. And so in free speech case,

392
00:31:00.200 --> 00:31:07.000
liberals always love to allow the ACLU
to sue against an oppressive, mean conservative

393
00:31:07.039 --> 00:31:11.759
state government here a city there before
the law was ever enforced. And that's

394
00:31:11.799 --> 00:31:15.519
the same doctrine here. Right,
the website designer is going to say,

395
00:31:15.519 --> 00:31:18.640
look, I have the right to
sue first under liberal precedent, because if

396
00:31:18.680 --> 00:31:23.000
I wait for Colorado to come after
me, that's going to cost me a

397
00:31:23.039 --> 00:31:26.599
lot of money. I might not
even engage in the speech. I might

398
00:31:26.960 --> 00:31:32.000
just to avoid being persecuted. I
might start selling websites to gay right to

399
00:31:32.160 --> 00:31:37.279
gay weddings. And this if the
liberals want to get rid of this doctrine

400
00:31:37.279 --> 00:31:41.480
that has benefited them all the time, then it actually has the effect Lucretia

401
00:31:42.039 --> 00:31:45.880
was talking about last week that oh, all these procedural rules always seem to

402
00:31:45.880 --> 00:31:51.680
be bent for the benefit of liberals
and only has the effect of hurting conservatives.

403
00:31:52.640 --> 00:31:55.799
Yeah, so this is an example
maybe of a liberal doctrine turning round

404
00:31:55.880 --> 00:32:00.680
to bite them finally, which we've
seen another because they're the ones, which

405
00:32:00.720 --> 00:32:07.759
makes sense because these procedural rules are
were created to help sue oppressive governments.

406
00:32:08.400 --> 00:32:13.359
So right, if the oppressive governments
of the past were the southern segregation as

407
00:32:13.400 --> 00:32:16.240
governments, right, well, guess
who the oppressive governments are today? All

408
00:32:16.359 --> 00:32:20.880
right, Well, let's you know, my pal Mark Perry has made a

409
00:32:20.920 --> 00:32:28.640
cottage industry of filing legal challenges to
universities under Title nine when they have special

410
00:32:28.680 --> 00:32:32.559
programs just for women, just for
minorities. I follows Title I think Title

411
00:32:32.680 --> 00:32:37.519
seven complaints which you're given standing through
the old Civil Rights Act, and bring

412
00:32:37.519 --> 00:32:40.279
these complaints as as a third party, right, I think that's what it

413
00:32:40.279 --> 00:32:44.799
works. And you know he wins
these left and right. And you're right,

414
00:32:44.880 --> 00:32:46.680
who's doing all this, well,
universities and liberal institutions, And he's

415
00:32:46.680 --> 00:32:51.759
filed several hundreds of these now and
winning every single one. Just about Well,

416
00:32:51.759 --> 00:32:57.400
I noticed one of you actually responded
to my example. When I first

417
00:32:57.599 --> 00:33:00.519
I was the one who alerted you
guys to this going on, And I

418
00:33:00.559 --> 00:33:07.599
said, isn't it interesting that liberals
the left is complaining about this suppisitly made

419
00:33:07.680 --> 00:33:10.160
up case that should have meant that
it never went to the court in the

420
00:33:10.160 --> 00:33:15.079
first place, when in fact,
the most how should we say, the

421
00:33:15.160 --> 00:33:20.880
most egregious example of that in modern
history, of course, and it's not

422
00:33:21.000 --> 00:33:28.440
a First Amendment case is Lawrence versus
Texas. Lawrence versus Lawrence and whoever that

423
00:33:28.480 --> 00:33:31.640
I forget the other guy's name,
never had anything to do with each other.

424
00:33:31.720 --> 00:33:36.640
They were not gay, They weren't
gay. They were both married.

425
00:33:36.640 --> 00:33:39.559
As I recall. There's it's all
this stuff. So if the left really

426
00:33:39.559 --> 00:33:45.359
wants to push this point and say
that somehow three or three creative is illegitimate

427
00:33:45.400 --> 00:33:50.079
because there was in fact no harm
done to uh you know, no,

428
00:33:50.079 --> 00:33:53.759
no nobody on the other side,
to make a genuine case of controversy,

429
00:33:54.079 --> 00:33:59.160
then maybe we should overturn Lawrence versus
Texas as well. That would be mine,

430
00:33:59.200 --> 00:34:02.559
that would be that would be my
offer. Okay, guys, but

431
00:34:02.599 --> 00:34:07.400
then let's overturn Laurence versus Texas.
And in case anybody doesn't know, Lawrence

432
00:34:07.640 --> 00:34:12.800
versus Texas was a case that I
actually talk about this case quite often,

433
00:34:12.920 --> 00:34:15.639
and it really has nothing to do
with the fact that I think that one

434
00:34:15.639 --> 00:34:20.719
way or the other, we should
be at the federal level regulating, caring

435
00:34:20.760 --> 00:34:24.079
about what people do in the privacy
of their own home. I'll just leave

436
00:34:24.079 --> 00:34:28.239
it at that. But the first
case was hard Work versus Bowers, which

437
00:34:28.360 --> 00:34:30.760
tried to take the right to privacy, which had been found first of all

438
00:34:30.760 --> 00:34:35.599
in Griswold and then of course in
Row versus Way, and extend it to

439
00:34:36.079 --> 00:34:39.679
the right to engage in sodomy.
Sorry, that was really what it was,

440
00:34:39.760 --> 00:34:43.719
and I swear to god the case
was named hard Work versus Bowers.

441
00:34:44.519 --> 00:34:47.400
You know, the ironies of history. Justice Byron White, As I recall,

442
00:34:47.519 --> 00:34:52.400
wrote the majority opinion of that case, and that, you know,

443
00:34:52.559 --> 00:34:59.000
whatever else, the right to privacy
was decided only and exclusively by the Supreme

444
00:34:59.039 --> 00:35:02.320
Court. Uh, it didn't include
the right to engage in sodomy, and

445
00:35:02.320 --> 00:35:06.800
then of course that was overturned in
Lawrence versus Texas. I forget, but

446
00:35:06.880 --> 00:35:09.000
I think in either case or those
statutes enforced but never I mean, no,

447
00:35:09.119 --> 00:35:14.800
of course they were. I mean, god, what a horrible job

448
00:35:14.840 --> 00:35:16.639
that would be as a law enforcement
officer, which you know, it's also,

449
00:35:16.880 --> 00:35:22.199
I know this is a distinction,
John, from the principal and free

450
00:35:22.199 --> 00:35:24.280
speech you mentioned, But we have
a long history of I guess what I

451
00:35:24.280 --> 00:35:29.320
would call contrived cases that I don't
mean phony, but where they worked very

452
00:35:29.360 --> 00:35:32.159
hard to get a case that otherwise
might not have made of the I was

453
00:35:32.199 --> 00:35:35.960
just about to say that, you
know, they what happened for years,

454
00:35:36.039 --> 00:35:38.079
the civil rights lawyers try to get
a case the Supreme Court to enforce the

455
00:35:38.119 --> 00:35:43.199
fourteenth Amendment, and it would always
either get dismissed or they would find the

456
00:35:43.280 --> 00:35:47.280
rail company. And so they finally
had to have a cooperating law enforcement to

457
00:35:47.480 --> 00:35:55.239
arrest Homer, a guy who was
one thirty second black was white, right,

458
00:35:55.480 --> 00:36:00.800
yeah, blonde, curly hair.
Right. Another another case like that

459
00:36:01.000 --> 00:36:07.400
is the Connecticut case about contraceptives.
Yeah law that, yeah, which had

460
00:36:07.400 --> 00:36:12.360
never really been enforced and commonly silly
law, I think is what the Justice

461
00:36:12.400 --> 00:36:15.239
called it, right and uncommonly or
in the descent, an uncommonly silly law,

462
00:36:15.280 --> 00:36:19.840
but it wasn't being enforced, and
yeah, it made no difference.

463
00:36:20.840 --> 00:36:23.519
So yeah, the left, But
you know, we I'm tired of saying

464
00:36:23.559 --> 00:36:28.599
it. If the left didn't have
standards, we can't expect the left to

465
00:36:28.639 --> 00:36:34.719
put their own rules regarding standing or
anything else in play when it disadvantages them,

466
00:36:34.760 --> 00:36:37.880
because they're just not going to do
it. But but if you will,

467
00:36:37.519 --> 00:36:42.800
I'm gonna say, I think you'll
see the left become the big fans

468
00:36:42.880 --> 00:36:49.360
of procedural bars for the courts hearing
things and structor standing. No more exceptions

469
00:36:49.400 --> 00:36:52.480
like the one for free speech,
because they don't want the court to decide

470
00:36:52.480 --> 00:36:55.039
anything. Right. They're in.
They're in a massive delaying game, right,

471
00:36:55.079 --> 00:37:00.559
delaying game until thy more liberal justices
up to the court. If you

472
00:37:00.559 --> 00:37:02.519
would draw back and take a wide
angle view, it's uh. I mean

473
00:37:02.519 --> 00:37:06.400
one of the things you've seen as
well, the port packing idea came back

474
00:37:06.679 --> 00:37:08.960
in a big way in the last
week, and one of the arguments in

475
00:37:09.039 --> 00:37:13.639
favor of it is, well,
the court, you know, it's thrashing

476
00:37:13.719 --> 00:37:16.159
democracy. You know, it's thwarting
majority. Will and I keep that.

477
00:37:16.280 --> 00:37:21.199
You know, look at all the
polls showing that a robust majority of Americans

478
00:37:21.199 --> 00:37:25.039
has consistently said they don't like affirmative
action dividing us up by race. What's

479
00:37:25.079 --> 00:37:30.440
the I think they well, the
students, right, yeah, yeah,

480
00:37:30.480 --> 00:37:32.679
And so it's like, wait a
minute, if you put this to a

481
00:37:32.760 --> 00:37:37.039
vote. Who's so you can see
this as a case of Sita. You're

482
00:37:37.039 --> 00:37:43.079
talking about the same people Steve who
said that when uh Liz Cheney lost by

483
00:37:43.159 --> 00:37:45.920
sixty percent of the vote in the
primary, it was the end of democracy

484
00:37:46.320 --> 00:37:50.679
mark as we know it right now. I mean, they're just morons,

485
00:37:50.719 --> 00:37:53.199
and the and their followers are even
bigger morons. So but I have to

486
00:37:53.199 --> 00:37:55.920
say, John, you asked the
question. You know what we're takeaways from

487
00:37:55.960 --> 00:38:00.159
this term. One of the things
about the Students for Fair Admission OA,

488
00:38:00.239 --> 00:38:02.440
this is the case it's gonna gift
that's gonna keep on giving. We're only

489
00:38:02.440 --> 00:38:06.760
a week out, but still it
seems to me that uh, it will

490
00:38:06.800 --> 00:38:10.119
finally put an end to the left
saying that Citizens United is the worst decision

491
00:38:10.199 --> 00:38:15.480
since dread Scott, which has been
safe for over a decade. They're so

492
00:38:15.599 --> 00:38:17.679
bit out of shape about Citizens United. Well that was nothing compared to what

493
00:38:17.719 --> 00:38:21.840
this has done to them. So
let me ask you that, guys,

494
00:38:21.960 --> 00:38:23.480
let me ask lucretia. But if
you don't mind the Crestia, please,

495
00:38:23.519 --> 00:38:27.119
if you have another point, go
ahead. I was gonna ask you to

496
00:38:27.360 --> 00:38:30.679
know, taking a step back now
that we've throw a week away now from

497
00:38:30.719 --> 00:38:35.400
the major decisions, we have some
chance to reflect. Now we were I

498
00:38:35.599 --> 00:38:38.719
listened to our last episode and we
were a little bit giddy. We are

499
00:38:40.559 --> 00:38:45.679
which is amazing, wanted to say, and we were done. So now

500
00:38:45.760 --> 00:38:50.400
that we've had a week to sit
back and think about it and reflect and

501
00:38:50.440 --> 00:38:53.840
see all the commentary, Lucretia,
what is your view on this term?

502
00:38:53.840 --> 00:38:57.800
What do you think historians will say
about this term? What do you think

503
00:38:58.039 --> 00:39:00.840
the political scientists of the few,
sure the political theorists of the future will

504
00:39:00.880 --> 00:39:05.760
say about this supreme work term?
Honestly, John, what's going to matter?

505
00:39:05.960 --> 00:39:09.559
What's going to that's going to depend
upon? How do I This sounds

506
00:39:09.559 --> 00:39:13.679
so trite. I don't mean it
to who writes the history. So let

507
00:39:13.719 --> 00:39:16.639
me give you an example of what
I mean by that. So a friend

508
00:39:16.639 --> 00:39:22.280
of ours sent us an article from
MSNBC by someone I know this is going

509
00:39:22.320 --> 00:39:27.199
to shock you to death. Her
name is Keisha whatever I don't order,

510
00:39:27.199 --> 00:39:34.039
her last name was Keisha talking about
how Canteeningy is the most brilliant legal mind

511
00:39:34.079 --> 00:39:38.159
of the last you know, millennium, and how she was able to prove

512
00:39:38.199 --> 00:39:46.360
in her historical reflections that the myth
of a colorblind society, and she lists

513
00:39:46.679 --> 00:39:51.840
plus e versus ferguson, which,
of course, is the case that determined

514
00:39:51.880 --> 00:39:57.400
that separate but equals was a perfectly
legitimate way to interpret the Fourteenth Amendment when

515
00:39:57.400 --> 00:40:01.960
it came to discriminating on the basis
of race and public accommodations. What she

516
00:40:02.119 --> 00:40:06.719
doesn't do, of course, is
make any mention, just like they didn't

517
00:40:06.760 --> 00:40:09.840
in Brown, of course, of
the Descent, which in some ways is

518
00:40:09.880 --> 00:40:17.719
probably the most eloquent moving Supreme Court
opinion in all of the Supreme Court history.

519
00:40:17.719 --> 00:40:22.320
And you know where where Justice John
John Marshall Harland says in Descent that

520
00:40:22.360 --> 00:40:27.880
our constitution is colored blind and neither
knows nor tolerates classes amongst citizens. And

521
00:40:27.920 --> 00:40:30.360
he goes on the you know,
the the least is the greatest, and

522
00:40:30.440 --> 00:40:36.199
so on. And we've talked before, We've even talked with you about this,

523
00:40:36.320 --> 00:40:38.480
John, and Steve was shocked that
you agreed with us. He didn't

524
00:40:38.480 --> 00:40:42.880
think you were that smart, but
I knew you were. Uh wait,

525
00:40:43.039 --> 00:40:49.480
wait, wait a second, Well
I agree with you guys that education did

526
00:40:49.519 --> 00:40:53.559
not in fact overturned Josie. It
upheld plus he in the fundamental principle sense

527
00:40:54.199 --> 00:41:01.599
whereby it found that it was the
psychological harm done by segregation that was the

528
00:41:01.639 --> 00:41:06.440
problem. Just like in Plessy,
they found that the psychological harm done by

529
00:41:06.480 --> 00:41:15.079
segregation was basically, you know,
not their problem. Different different psychology.

530
00:41:15.960 --> 00:41:20.159
They had better psych psychological knowledge by
the time Brown came round. But what

531
00:41:20.320 --> 00:41:24.280
Brown never did, of course,
was embraced the idea of a colorblind constitution.

532
00:41:24.400 --> 00:41:30.039
And so when Katangi says there is
no it's a myth of a colorblind

533
00:41:30.079 --> 00:41:34.360
society, in some ways she's very
right. It's never been the opinion of

534
00:41:34.400 --> 00:41:39.800
the Supreme Court that we have a
color blind constitution demanding a colorblind society.

535
00:41:39.800 --> 00:41:44.519
Can I interrupt just for one sentence? I think, I think it's Brennan

536
00:41:44.599 --> 00:41:47.239
who has a line in his concurrence
or whatever the hell it was in Baki

537
00:41:47.800 --> 00:41:52.119
saying we have never recognized a color
blind constitution. And then as footnote,

538
00:41:52.119 --> 00:41:55.920
by the way, is c Korey
matsu vi us. Boy, isn't that

539
00:41:55.960 --> 00:41:59.519
a charming precedent for him to involve? But yeah, I mean this has

540
00:41:59.599 --> 00:42:02.840
been what you're right. What Jackson
said is not a departure from what has

541
00:42:02.880 --> 00:42:07.840
been the left legal orthodoxy on this. But just to point out one embarrassing

542
00:42:07.920 --> 00:42:09.480
thing. It was in the Wall
Street Journal today, But I remember reading

543
00:42:09.679 --> 00:42:15.039
thinking this at the time of when
I read Justice Jackson's Descent, where she

544
00:42:15.119 --> 00:42:20.159
makes a big deal about how we're
soft blocks are than white's because of structural

545
00:42:20.239 --> 00:42:24.320
racism. And one thing she said
was for high risk black newborns, having

546
00:42:24.320 --> 00:42:30.000
a black physician more than doubles the
likelihood that the baby will live. Then

547
00:42:30.039 --> 00:42:35.480
the Wall Street Journal points out today
that's statistically impossible, since the actual survival

548
00:42:35.559 --> 00:42:39.400
rate is ninety nine percent already.
So does that mean that actually now they

549
00:42:39.480 --> 00:42:45.639
double to one hundred and ninety eight
percent. Yeah, well she doesn't know

550
00:42:45.679 --> 00:42:47.800
what math is, so right,
but you made they make the point that

551
00:42:47.880 --> 00:42:53.400
both all these descents in these cases
are riddled with factual errors, claims that

552
00:42:53.440 --> 00:42:59.800
aren't true because they were so incensed
that they were I mean, I'm embar

553
00:43:00.159 --> 00:43:02.440
est. Actually it just happened.
But it's all you know, it's a

554
00:43:02.480 --> 00:43:07.599
tribal thing that you know, supporting
her in this, But never forget that

555
00:43:07.760 --> 00:43:14.320
had there not been separate but equal
essentially upheld if you ask me, in

556
00:43:14.360 --> 00:43:19.599
Brown versus Board of Education, as
long as it does not have that psychological

557
00:43:19.719 --> 00:43:22.840
impact, it's perfectly. Okay,
to separate on the basis of race,

558
00:43:23.199 --> 00:43:30.079
you couldn't have affirmative action, and
you couldn't have an idiot like Catange as

559
00:43:30.119 --> 00:43:34.000
a Supreme Court justice because a she
never would have gotten into an Ivy League

560
00:43:34.079 --> 00:43:37.880
university, she never would have gotten
a clerkship. She didn't earn it despite

561
00:43:37.920 --> 00:43:42.840
discrimination like our friend john you did, and she wouldn't be on the damn

562
00:43:42.920 --> 00:43:45.960
United States Supreme Court, never mind
if the rest of it was untrue.

563
00:43:45.239 --> 00:43:50.239
We know what Biden said. She's
put on the court for one reason,

564
00:43:50.239 --> 00:43:52.960
and one reason only because she's a
black woman. And it's not because she

565
00:43:53.079 --> 00:43:57.639
has any great talent. It's not
because she's smart, it's not because she's

566
00:43:57.639 --> 00:44:02.079
done anything exceptional in the in the
world of law or constitutional law. It's

567
00:44:02.119 --> 00:44:07.199
because she's a black woman, which
is exactly what Brown versus Board of Education

568
00:44:07.320 --> 00:44:13.000
did following plus e versus Ferguson.
Okay, separate but equal. You know

569
00:44:13.079 --> 00:44:16.159
what if you're if you're a black
woman right now, that's who we prefer.

570
00:44:16.239 --> 00:44:19.559
So you get to be on the
Supreme Court. And it's not a

571
00:44:19.639 --> 00:44:22.519
question of merit. So what I
think, Johnny, you say, what

572
00:44:22.639 --> 00:44:24.840
what's likely to happen down the road
is I think it's going to depend not

573
00:44:24.920 --> 00:44:29.280
merely on the legal enforcement and follow
ups like you've had after Brown, but

574
00:44:29.320 --> 00:44:34.239
I think there's now going to be
a long running political conflict that will play

575
00:44:34.239 --> 00:44:38.159
out in all the branches over uh
you know this concept, I mean it

576
00:44:38.239 --> 00:44:42.920
really it could. It could.
We could use a Harvey Mansfield's old echotomy

577
00:44:42.960 --> 00:44:46.639
they've had for forty years, which
is entitlement versus equality of opportunity. A

578
00:44:46.639 --> 00:44:51.280
lot of our racial politics is simply
a version of the entitlement mentality. That's

579
00:44:52.039 --> 00:44:54.880
Chris Caldwell's thesis in his book on
the Age of Entitlement. And so we're

580
00:44:54.880 --> 00:44:58.920
going to see, you know,
I'll give you one good example. Um,

581
00:44:59.039 --> 00:45:01.480
there's some people saying saying that if
Republicans get the White House in Congress,

582
00:45:01.480 --> 00:45:07.119
they should pass a statute that would
be enforcement statute like the Civil Rights

583
00:45:07.119 --> 00:45:13.800
Act was that would deny federal funding
to any universities that what, I don't

584
00:45:13.800 --> 00:45:19.199
know, trying to evade the Harvard
decision through some subterfuges. Right, maybe

585
00:45:19.199 --> 00:45:22.679
the dispred you know, disperate impact
might be the screen. I'm not sure,

586
00:45:22.719 --> 00:45:25.239
but I think things like that or
what sorry, go ahead. John

587
00:45:25.280 --> 00:45:30.519
gave a really good explanation last time
for the ways they get around it.

588
00:45:30.760 --> 00:45:32.760
Yeah, no, understand. But
that's why I say this is a political

589
00:45:32.840 --> 00:45:37.280
struggle where other branches are going to
have to wait. And I think you

590
00:45:37.320 --> 00:45:40.480
know, the one of the first
things Biden did on day one was canceled

591
00:45:40.480 --> 00:45:46.320
the Justice Department's investigation into Yale's admission
mission's policies because the suspicion was if you

592
00:45:46.400 --> 00:45:50.440
did discovery of Yale, you'd find
all the same things that we found in

593
00:45:50.480 --> 00:45:53.719
the Harvard case. Well, let's
reopen that. That's not a dead issue

594
00:45:53.840 --> 00:45:58.039
yet. The latest thing I read
in the New York Times here this week

595
00:45:58.280 --> 00:46:02.239
was well, universities are going to
look at adversity scores and adversity screens,

596
00:46:02.280 --> 00:46:07.679
do you know philanthropy and that would
be on its face race neutral, and

597
00:46:07.800 --> 00:46:12.000
maybe it would be in some ways, but you know, let's I mean,

598
00:46:12.119 --> 00:46:14.320
look, we know the guys.
Guys. Let me ask you this

599
00:46:14.360 --> 00:46:17.559
one that comes up. What about
getting rid of legacy? I think you've

600
00:46:17.599 --> 00:46:23.800
seen that now, you know,
um minority groups are suing Harvard now saying

601
00:46:23.840 --> 00:46:29.960
that legacy preferences and emissions is unconstitutional
or illegal. What do you think of

602
00:46:29.960 --> 00:46:32.079
that, Steve, because you have
to. You have to Actually, I'm

603
00:46:32.079 --> 00:46:36.480
sorry, just give a little bit
more explanation for that. The reason they

604
00:46:36.559 --> 00:46:43.519
are arguing that they need to be
ruled to be unconstitutional is because they are

605
00:46:43.679 --> 00:46:50.159
convinced that any legacy admission has to
benefit white people. Because a only white

606
00:46:50.159 --> 00:46:53.719
people already went to Harvard and other
Ivy League university So if they if their

607
00:46:53.840 --> 00:46:59.159
legacy and rule is because you know, their family went there. But also

608
00:46:59.239 --> 00:47:06.599
because there are no donors to Ivy
League universities that are wealthy minorities, They're

609
00:47:06.639 --> 00:47:14.119
all wealthy white people, and so
legacy admissions by definition only advantage white people,

610
00:47:14.400 --> 00:47:17.199
which is you know that I'd have
to see some data on that.

611
00:47:17.360 --> 00:47:21.039
I guess, well, I think
that I think the data does show that

612
00:47:21.079 --> 00:47:25.320
the whites benefit much more than any
of it because you're smart. Surprise,

613
00:47:25.400 --> 00:47:30.599
you're too smart to give any money
to Harvard drawing, Well, it's part

614
00:47:30.840 --> 00:47:34.760
what about the stigma? What about
the stigma and these port legacies everyone is

615
00:47:34.840 --> 00:47:38.239
sees are stupid and rich, which
often is true, right, Well that

616
00:47:38.360 --> 00:47:45.880
I've seen conflicting data about this,
But I do I think that the getting

617
00:47:45.159 --> 00:47:49.239
Oh, by the way, that's
one of the ideas Republicans should sponsor bills

618
00:47:49.280 --> 00:47:52.440
saying no federal aid to universities a
practice legacy admissions. So that'd be fun

619
00:47:52.719 --> 00:47:54.679
because the people who are going to
defend this, we're going to be the

620
00:47:54.760 --> 00:47:59.440
universities for their fundraising reasons. And
the left, the left of the people

621
00:47:59.480 --> 00:48:01.199
are going to draw the line is
not going to be a I love the

622
00:48:01.199 --> 00:48:06.400
way the left thinks it's conservatives are
behind defending legacy admissions. It's not us

623
00:48:06.440 --> 00:48:12.280
at all. And yeah, and
you know that, and it joins,

624
00:48:12.280 --> 00:48:15.119
of course, the issue I think
we mentioned last week, which is Harvard

625
00:48:15.159 --> 00:48:17.719
Princeton. Yeah, they're so rich
they could they could double the size of

626
00:48:17.719 --> 00:48:22.559
their student bodies and attract the top
faculty and still get the top one percent

627
00:48:22.599 --> 00:48:25.480
of students. They won't do it
at all. Are they rich enough?

628
00:48:27.400 --> 00:48:29.920
I'm sorry, let me just ask
a question, booth you are they rich

629
00:48:30.079 --> 00:48:34.360
enough to say, okay, we'll
stop legacy admissions. We'll stop legacy admissions

630
00:48:34.400 --> 00:48:39.639
for big donors. I remember Conan
O'Brien years ago. Conan remember a Harvard

631
00:48:39.679 --> 00:48:44.079
graduate. He had been editor of
the Harvard Lampoon, and he said that

632
00:48:44.239 --> 00:48:45.639
one of his shows, I remember
this twenty five years ago. I said,

633
00:48:45.679 --> 00:48:50.360
Yeah, the Harvard fundraisers. They
call you up and their pitch essentially

634
00:48:50.480 --> 00:48:52.559
is, we're Harvard, we want
your money. We don't need it,

635
00:48:52.639 --> 00:48:59.760
we just want it. So I
think he Actually, here's one point about

636
00:48:59.800 --> 00:49:06.039
what universities could do. The only
reason Harvard is subject to the Constitution and

637
00:49:06.599 --> 00:49:08.880
the civil rights is because they take
federal money. Right, They're so rich

638
00:49:08.920 --> 00:49:14.039
they could easily go back to discriminating
on the basis of race if they wanted

639
00:49:14.079 --> 00:49:16.360
to, just by saying we don't
need federal dollars anymore. So here,

640
00:49:16.440 --> 00:49:20.320
let me just give you a sense
of the figures we're talking about here.

641
00:49:21.239 --> 00:49:27.840
So Harvard, Harvard's endowment is fifty
three billion dollars. Yeah, Yales is

642
00:49:27.880 --> 00:49:32.800
forty two billion dollars. Number three, Stanford thirty seven billion dollars, Princeton

643
00:49:32.880 --> 00:49:39.800
thirty seven billion, MIT twenty seven. So they're richer than some small countries

644
00:49:39.840 --> 00:49:44.800
in Africa. Well, the joke
about Harvard, as you know, is

645
00:49:44.800 --> 00:49:49.000
it's a hedge fund that runs a
little educational institution on the side. Do

646
00:49:49.039 --> 00:49:51.039
you think I mean, look,
I'm all for that, you know,

647
00:49:51.320 --> 00:49:57.599
make Harvard do what Hillsdale did However, one difficulty is, and I've heard

648
00:49:57.599 --> 00:50:00.039
this is they couldn't do that,
not so much because of the money,

649
00:50:00.039 --> 00:50:05.320
but because they have so many research
contracts connected the federal government that Hillsdale doesn't

650
00:50:05.320 --> 00:50:07.920
do, for example, and that
would still expose them to the conforming with

651
00:50:07.960 --> 00:50:12.800
civil rights laws. And I think, I hate to say this about you

652
00:50:12.880 --> 00:50:17.119
guys, but sounds like Lucretia and
Steve have volunteered to work in the decantist

653
00:50:17.239 --> 00:50:22.280
Education department starting twenty twenty five.
And the first thing they can do,

654
00:50:22.519 --> 00:50:24.719
and this is an easy thing,
they could just have the Secretary of Education.

655
00:50:25.000 --> 00:50:30.079
Maybe who would such a secretary?
Larry Arne, the president Hounsdale,

656
00:50:30.480 --> 00:50:36.960
just say I find that all these
universities are in fact discriminating on the basis

657
00:50:36.960 --> 00:50:39.519
of race. So I cut them
all off from federal funding, and they

658
00:50:39.519 --> 00:50:44.079
have to prove to me that they
are not discriminating on the basis of race

659
00:50:44.599 --> 00:50:50.280
for this spigot to open again.
Yeah. Can I just at a little

660
00:50:50.320 --> 00:50:53.199
bit of a different perspective on this. I think that the more important thing,

661
00:50:53.360 --> 00:50:59.480
honestly than even getting rid of discrimination
based upon race, because as from

662
00:50:59.480 --> 00:51:01.360
a principle point of view, it's
the very worst kind of thing from the

663
00:51:01.400 --> 00:51:07.599
principal point of view, the idea
that this minority who might be let's say

664
00:51:07.639 --> 00:51:14.320
Asian and Maile should have to be
denied to make a slot for a black

665
00:51:14.679 --> 00:51:19.920
woman. Let's say as an example
that you know, there's something really offensive

666
00:51:19.960 --> 00:51:22.840
about that, and I'm glad the
Supreme Court said we're not going to do

667
00:51:22.840 --> 00:51:27.320
that anymore. However, what would
really in answer your to your question from

668
00:51:27.320 --> 00:51:30.199
a little while ago, what would
really make a difference, what would really

669
00:51:30.239 --> 00:51:37.480
have an impact in the future,
would be redefining the whole concept of diversity,

670
00:51:37.840 --> 00:51:45.519
to take race completely out of it
and thereby completely undo the diversity inclusion

671
00:51:45.840 --> 00:51:52.360
and equity regime and make all of
that illegitimate, make all of it illegitimate

672
00:51:52.719 --> 00:52:00.400
in the sense that we don't need
inclusion, because it doesn't mean that we

673
00:52:00.480 --> 00:52:07.880
don't need equity. We need equality
of opportunity. And if this opinion simply,

674
00:52:07.199 --> 00:52:13.719
you know, gets Harvard and others
to hide their despicable admissions practices in

675
00:52:13.760 --> 00:52:19.199
ways that can't be detected as easily, but they keep the diversity, inclusion

676
00:52:19.239 --> 00:52:23.679
and equity regime and they grow it, then I think that the decision becomes

677
00:52:23.760 --> 00:52:28.599
worthless. Never mind how well it's
executed, If that makes sense. I

678
00:52:28.599 --> 00:52:30.159
don't know, what do you guys
think? Oh, no, I agree,

679
00:52:30.159 --> 00:52:35.199
I agree with you. I think
that I'd like to think that we've

680
00:52:35.280 --> 00:52:39.400
hit the high water mark of the
diversity mania and that the Harvard case is

681
00:52:39.440 --> 00:52:44.639
going to now provide a lot of
ammunition for people to sue. And I

682
00:52:44.639 --> 00:52:47.519
think the next wave of lawsuits are
going to be against institutions that use TEI

683
00:52:47.960 --> 00:52:52.119
in there and going to be an
ammunition for the Lucretias of the world to

684
00:52:52.159 --> 00:52:54.719
look at somebody when they start,
you know, mouthing blah blah blah blah

685
00:52:54.760 --> 00:52:59.960
diversity saying, tell me why diversity
is important again, Yeah, because I'm

686
00:53:00.079 --> 00:53:02.320
not as sure a single person can
give you an answer. We know the

687
00:53:02.400 --> 00:53:06.599
court demanded an answer and didn't get
one, So I'm sure that the idiots

688
00:53:06.599 --> 00:53:10.239
who work in the die regime can't
give an answer. They just assume it

689
00:53:10.400 --> 00:53:16.239
is a good Remember the whole discussion, your friend, that the calling of

690
00:53:16.239 --> 00:53:22.000
the American Yeah, and he and
I told you Steve. I was a

691
00:53:22.000 --> 00:53:30.199
little bit disappointed in him because he
quit whatever damn organization association he was a

692
00:53:30.239 --> 00:53:37.079
product of, because he refused to
say that academic freedom should take first place

693
00:53:37.239 --> 00:53:42.760
in front of diversity. Yeah,
all he was willing to say was diversity

694
00:53:42.880 --> 00:53:46.559
is important too, but it shouldn't
be more important than academic freedom. And

695
00:53:47.400 --> 00:53:51.480
I guess you know, in today's
academia, I shouldn't be so tough on

696
00:53:51.559 --> 00:53:55.039
him. But when we get to
the point where nobody argues that diversity is

697
00:53:55.079 --> 00:54:00.199
a goal, an end, a
T los above all T los in and

698
00:54:00.239 --> 00:54:05.280
of itself, then I'll be happy
about the Harvard completely happy about the Harvard

699
00:54:05.320 --> 00:54:08.360
decision. I'm already happy. But
that's just my thought because you guys know

700
00:54:08.400 --> 00:54:14.000
what it's like. How many diversities
ares do you know at your university?

701
00:54:14.360 --> 00:54:19.079
How many provos? How many?
It's a big place where we're at,

702
00:54:19.079 --> 00:54:25.519
and if they're easy to avoid,
that's a happy thing about Berkeley. So

703
00:54:25.599 --> 00:54:30.559
let's turn to the I think the
last topic we have, which is we

704
00:54:30.639 --> 00:54:36.840
shouldn't end the show without observing that
this week was July fourth, and of

705
00:54:36.840 --> 00:54:42.480
course the holiday where we remember the
founding of the country and the issuing of

706
00:54:42.480 --> 00:54:46.000
the Declaration of independence. So I
thought i'd ask one or two questions of

707
00:54:46.000 --> 00:54:52.679
our resident scholars of the revolution.
End of all things natural, natural,

708
00:54:52.760 --> 00:54:58.920
law, natural rights, and Jefferson's
famous quotes and the Declaration of Independence.

709
00:54:59.360 --> 00:55:06.000
So, guys, one question that
always strikes me when I teach about the

710
00:55:06.039 --> 00:55:14.199
founding is, we're the revolutionaries nuts. We were ready, ready living in

711
00:55:14.280 --> 00:55:19.599
the freest part maybe place in the
world at the time. Right, if

712
00:55:19.639 --> 00:55:23.800
they have the rights of englishmen and
englishwomen. They are lightly governed from London.

713
00:55:23.840 --> 00:55:29.559
They've basically been governing themselves for hundred
years or more in that with their

714
00:55:29.559 --> 00:55:35.320
assemblies, they're separated by an ocean
from all the disorder of Europe. They

715
00:55:35.360 --> 00:55:38.599
have endless quantities of the source of
wealth in the old world, which is

716
00:55:38.679 --> 00:55:44.159
land. I would say, what
was wrong with them? They were already

717
00:55:44.280 --> 00:55:49.880
the freest, most well off people
maybe in the history of the world,

718
00:55:50.159 --> 00:55:52.440
and yet they had a revolution.
What was wrong with them? Really?

719
00:55:52.480 --> 00:55:57.239
Good question, John, Actually really
is a good question. I just had

720
00:55:57.280 --> 00:55:59.960
a long discussion with students about this
yesterday. I believe it or not.

721
00:56:00.559 --> 00:56:04.320
Here's the point, Jefferson, whom
you told us at the beginning you do

722
00:56:04.360 --> 00:56:07.880
not like. But Jefferson actually provides, I think, what is the clearest

723
00:56:07.880 --> 00:56:13.480
answer to that question. Prudence indeed
will dictate that government's long establish should not

724
00:56:13.480 --> 00:56:17.239
be changed for light and transient causes. What he's trying to say there underneath,

725
00:56:17.280 --> 00:56:21.320
I think is a little bit about
it reminds us of your other,

726
00:56:21.599 --> 00:56:27.639
of your favorite Hamilton, what Hamilton
says. You know, it's it's frequently

727
00:56:27.679 --> 00:56:30.119
remarked that it seems to have been
reserved to the people of this country to

728
00:56:30.239 --> 00:56:35.559
decide by their conduct. An example, the important question whether societies of men

729
00:56:35.599 --> 00:56:39.760
are really capable or not of establishing
good government upon reflection and choice, or

730
00:56:39.760 --> 00:56:46.079
whether they're forever destined to depend for
their political constitutions upon accident force the people

731
00:56:46.159 --> 00:56:51.840
of this country. So when we
look at the situation that the colonists who

732
00:56:51.840 --> 00:56:55.000
are in with respect to Great Britain, when we read the Bill of Particulars

733
00:56:55.159 --> 00:56:59.760
in the Declaration of Independence, the
first thing that comes to mind, and

734
00:56:59.840 --> 00:57:04.920
me when I do so currently,
is that we are so much worse off,

735
00:57:05.559 --> 00:57:07.280
so much worse off, at the
hands of our government than they were

736
00:57:07.840 --> 00:57:13.760
their list of complaints against King George
in Parliament. But the other side of

737
00:57:13.800 --> 00:57:16.920
it, the other side of the
prudential question, is do you have the

738
00:57:16.960 --> 00:57:24.079
ability if you decide to revolt,
if you decide to separate yourselves, establishing

739
00:57:24.400 --> 00:57:29.239
do you have the ability to make
it work, as Hamilton talks about very

740
00:57:29.280 --> 00:57:37.960
specifically in the first Federalist paper.
We've seen subsequently places like Iraq. I'll

741
00:57:37.960 --> 00:57:43.679
just use that example, who wanted
to have something very much like an American

742
00:57:43.719 --> 00:57:49.400
constitution, but they didn't have the
same set of conditions that would make self

743
00:57:49.440 --> 00:57:55.039
government possible and likely to succeed that
the colonists did with all of their advantages

744
00:57:55.079 --> 00:58:01.119
that you pointed out back in seventeen
seventy six. So even though we wouldn't

745
00:58:01.119 --> 00:58:07.039
call it such a terrible situation,
they also had great advantages to take that

746
00:58:07.119 --> 00:58:10.639
situation and turn it into something truly
spectacular. That's probably would be my answer

747
00:58:10.679 --> 00:58:14.679
to your question, which does make
a lot of sense. You know,

748
00:58:14.960 --> 00:58:19.719
and students ask me today, well, why aren't we revolting? Our situation

749
00:58:19.840 --> 00:58:23.039
is worse? Yeah, So this
is what I do agree with, that

750
00:58:23.159 --> 00:58:28.920
provocative thought that actually things are worse
now. Yeah, well you were at

751
00:58:28.960 --> 00:58:31.239
the time in seventeen seventy six.
Well, see, here's the thing,

752
00:58:31.320 --> 00:58:36.360
John, is that you make the
case that I remember William F. Buckley

753
00:58:36.400 --> 00:58:40.679
saying this that the colonists were revolting
against what today we would consider mere bureaucratic

754
00:58:40.719 --> 00:58:44.960
inconveniences, and I think he's wrong
about that, as you are, and

755
00:58:45.079 --> 00:58:47.239
the way you frame the question,
so you know, lucretition. I usually

756
00:58:47.280 --> 00:58:52.199
refer to a sort of the deeper
natural law teachings of the first couple of

757
00:58:52.239 --> 00:58:57.039
paragraphs of the Declaration and the Council
of Prudence. But here's one case where

758
00:58:57.039 --> 00:59:00.239
you really need to go to the
Bill of Particulars against the King, although

759
00:59:00.280 --> 00:59:02.960
they really against Parliament. That's but
that's a living aside for the moment.

760
00:59:04.440 --> 00:59:08.400
And you know, he's case canceling
legislatures. He's canceling laws. The judges

761
00:59:08.440 --> 00:59:15.119
he makes personally accountable to him.
My favorite it's paragraph thirteen, I number

762
00:59:15.159 --> 00:59:19.960
the paragraphs for students. My favorite
of all the charges against the British government

763
00:59:20.119 --> 00:59:25.760
is this one. He has erected
a multitude of new offices and sent hither

764
00:59:27.000 --> 00:59:32.719
swarms of officers to harass our people
and eat out their substance. Is a

765
00:59:32.760 --> 00:59:37.440
description of government today, right,
And I mean, you go on,

766
00:59:37.599 --> 00:59:39.880
but you know, one of the
arguments was he you know, he's trashing

767
00:59:39.920 --> 00:59:45.000
local jurisdictions. He's dragging people to
far flung locations to have their cases heard

768
00:59:45.400 --> 00:59:49.000
away from a jury of their peers. You know he's he's producing trial by

769
00:59:49.039 --> 00:59:52.559
jury. Well, boy, that
happens all the time these days with bureaucratic

770
00:59:52.639 --> 00:59:57.960
procedures. You know, Hillsdale College
day sue the federal government, it was

771
00:59:58.000 --> 01:00:01.199
US forty years ago now against the
partner of education. Where's the case heard

772
01:00:01.320 --> 01:00:06.480
in Denver, you know, a
Michigan college against the Washington bureaucracy, or

773
01:00:06.480 --> 01:00:08.639
we're going to hear your case in
Denver before an administrative law judge. Right,

774
01:00:09.400 --> 01:00:14.760
So no, I think those So
leave aside the principles that are so

775
01:00:14.800 --> 01:00:19.440
important at the beginning and actually read
the Billow particulars and see if that isn't

776
01:00:19.480 --> 01:00:22.960
a template that's easily updated to modern
times today. So no, they were

777
01:00:22.960 --> 01:00:27.480
not radicals at all. But the
other side of the question, Steve,

778
01:00:27.519 --> 01:00:31.079
I would ask you for your opinion, which is, are we in the

779
01:00:31.119 --> 01:00:36.679
same position that he thought we were
in Federalist number one? Where if we

780
01:00:36.800 --> 01:00:42.880
can't, I mean can if anybody
can take that great experiment and make it

781
01:00:42.920 --> 01:00:46.800
work for all the reasons that you
know, we know, the tradition of

782
01:00:46.840 --> 01:00:52.519
self government, the virtue of the
people, the homogeneity whatever whatever, can

783
01:00:52.559 --> 01:00:54.960
are we in a better position today? Let's say, if we decided to

784
01:00:55.000 --> 01:01:00.079
have an Article five convention, would
we come out better be better off?

785
01:01:00.639 --> 01:01:05.960
I do think I stand by my
point, John, I guess Steve was

786
01:01:06.320 --> 01:01:12.480
actually confirming that that if you look
at the Bill of particulars our situation as

787
01:01:12.559 --> 01:01:17.599
much much worse today in really some
fundamental ways. And does that mean,

788
01:01:17.760 --> 01:01:24.239
however, that not only should we
exercise our duty to overthrow the government,

789
01:01:24.599 --> 01:01:30.000
but will will we be able to
institute new government that will affect our safety

790
01:01:30.000 --> 01:01:34.480
and happiness? And that's of course
a real question. Well, I like

791
01:01:34.519 --> 01:01:37.320
I want to grab hold of your
question about if we actually had an Article

792
01:01:37.320 --> 01:01:40.840
five convention today, how might that
go? I also drop back a little

793
01:01:40.880 --> 01:01:44.559
bit. I have a bit of
a sense of foreboding at the moment.

794
01:01:45.039 --> 01:01:46.599
So on the one hand, you
know, I have for several years now,

795
01:01:46.599 --> 01:01:50.760
I'm in this you know, sort
of rural not semi rural part of

796
01:01:50.800 --> 01:01:54.199
California, still on the coast,
and for several I've been going to local

797
01:01:54.239 --> 01:02:00.159
Fourth of July afternoon celebrations for several
years, and this year it seemed bigger

798
01:02:00.199 --> 01:02:05.280
and more robust and happier and more
people than it has been for several years.

799
01:02:05.280 --> 01:02:07.719
Part of that's coming out of COVID. Although these the areas where I

800
01:02:07.800 --> 01:02:10.320
live, people didn't pay much attention
to the COVID restrictions. On the other

801
01:02:10.360 --> 01:02:15.519
hand, I remember, okay,
we're three years off from the Quinn what

802
01:02:15.639 --> 01:02:20.199
is it the Quinn Centennial, the
two hundred fiftieth anniversary of the Declaration.

803
01:02:20.280 --> 01:02:23.960
We're three years away from them.
I remember the two hundredth anniversary forty seven

804
01:02:24.039 --> 01:02:30.480
years ago. In nineteen seventy six, the big observance in the big spectacular

805
01:02:30.599 --> 01:02:36.199
New York was the tall ships with
their rigging, sailing into up the Hudson

806
01:02:36.239 --> 01:02:38.559
there up to Manhattan. And of
course that was supposed to symbolize you know,

807
01:02:38.800 --> 01:02:43.239
colonials, you know, the colonists
coming to settle and found this new

808
01:02:43.280 --> 01:02:45.960
great country, and maybe a little
bit of the marshal virtues of the navy

809
01:02:46.000 --> 01:02:50.480
that defended us the revolution in all
those years. And I was reading what

810
01:02:50.519 --> 01:02:52.280
the left was saying about July four
this year, and I don't need to

811
01:02:52.280 --> 01:02:55.440
tell you what they were saying.
And I've got to thinking, I'm going

812
01:02:55.480 --> 01:02:59.840
to plant this as a marker right
here. I predict that three years from

813
01:02:59.880 --> 01:03:02.960
now, if there's a spectacular in
New York it will not features tall ships.

814
01:03:04.400 --> 01:03:07.559
It's going to be featuring slave ships. And we're gonna get the sixteen

815
01:03:07.639 --> 01:03:12.000
nineteen project Bison Quinn Centennial. And
that to me is one of the big

816
01:03:12.039 --> 01:03:14.760
political fights, you know, as
a cultural matter of the next few years.

817
01:03:14.760 --> 01:03:17.360
And that bears on your question of
and lucretia, your question of you

818
01:03:17.400 --> 01:03:21.159
know, do we still hold these
truths to be self evident, etcetera,

819
01:03:21.199 --> 01:03:25.559
etcetera. Gosh, I think you
guys are a little bit out there for

820
01:03:25.639 --> 01:03:30.320
me on this one, this talk
of having a revolution or even an Article

821
01:03:30.440 --> 01:03:36.039
five. So I take your point. You guys think that today is worse

822
01:03:36.679 --> 01:03:39.920
than then, But we're not having
a revolution now. So that's why it

823
01:03:39.960 --> 01:03:44.400
makes me ask did they go too
far having a revolution? Then? Well,

824
01:03:44.400 --> 01:03:46.280
are taking the opposite of what you
said they had a revolution? Then

825
01:03:46.320 --> 01:03:57.599
on the you're the angle the Anglo
I am an Anglo folk would be would

826
01:03:57.599 --> 01:04:01.280
be English colony still well, actually
I always was always You know whatn't the

827
01:04:01.320 --> 01:04:05.559
history of the world been much better
if the United States and England had been

828
01:04:05.599 --> 01:04:10.880
combined all these years? They never
Germany never would have gotten out of hand,

829
01:04:11.360 --> 01:04:15.440
It would be peaceful. Anglo American
had gemony in the world this last

830
01:04:15.440 --> 01:04:18.360
three hundred years. So I actually
had a debate back and forth with one

831
01:04:18.360 --> 01:04:25.199
of the commenters on Steve's Midweekend Pictures
fourth of July edition, because one of

832
01:04:25.199 --> 01:04:30.480
his memes said something like, you
know, happy fourth of July, nothing

833
01:04:30.960 --> 01:04:33.760
of importance happened before this day or
something Africa exactly what it was. And

834
01:04:33.880 --> 01:04:38.039
so somebody wrote and said, no, no, no, that's not true.

835
01:04:38.079 --> 01:04:43.320
Magna carta, while they said money
twelve fifteen. And so I got

836
01:04:43.360 --> 01:04:45.239
into this discussion. I said,
absolutely not. You know, Magna Carta

837
01:04:45.360 --> 01:04:50.639
is nothing, nothing compared to what
happened in seventeen seventy six, because Magna

838
01:04:50.719 --> 01:04:57.760
Carta was simply, as Hamilton tells
us in Federalist eighty four, a king

839
01:04:57.840 --> 01:05:02.079
John held its sword point and demanded
that he relinquished some of his prerogative,

840
01:05:02.639 --> 01:05:09.840
some of his divine right of king's
prerogative, that right and only a certain

841
01:05:09.880 --> 01:05:14.039
classes of people, not to certain
nobles who held them at dunpoint. That

842
01:05:14.039 --> 01:05:17.079
that is not a precursor to what
happens in seventeen seventy six, which is

843
01:05:17.440 --> 01:05:24.360
the first and only time that there
is a recognition that all political sovereignty comes

844
01:05:24.400 --> 01:05:28.679
from the people, and it comes
from the people because of their fundamental human

845
01:05:28.719 --> 01:05:34.400
equality, because they there is no
natural ruler appointed by God or nature over

846
01:05:34.440 --> 01:05:38.679
them, and therefore their their own
rulers. That's why they get to choose

847
01:05:38.719 --> 01:05:42.280
their government. And according to Jefferson, they get to choose their government that

848
01:05:42.280 --> 01:05:46.159
will that will be most like to
affect their safety and happiness. End the

849
01:05:46.440 --> 01:05:53.239
alpha and omega under Aristotle of political
life is what I thought you guys were

850
01:05:53.280 --> 01:05:58.119
going to say, is that that's
why the revolution is about ideas. It's

851
01:05:58.119 --> 01:06:02.719
an intellectual revolution almost not a material
revolution, because the mcntire you know,

852
01:06:02.760 --> 01:06:09.239
the other revolutions French, Russian,
Chinese, they arise because of material deprivation.

853
01:06:09.400 --> 01:06:15.639
Right, there's extremely more countries terribly
oppressed. The American Revolution occurs during

854
01:06:15.639 --> 01:06:20.400
a time of relative prosperity and freedom, which makes me think that it has

855
01:06:20.400 --> 01:06:26.840
nothing to do with material conditions.
It's about the intellectual ideas. That's what

856
01:06:26.960 --> 01:06:30.920
causes the revolution. I didn't think
you guys are going to turn this into

857
01:06:30.960 --> 01:06:32.519
we ought to have a revolution.
Now. Well, now I didn't say

858
01:06:32.559 --> 01:06:38.440
that, I mean Lucretia did well. Actually, I've just I would just

859
01:06:38.519 --> 01:06:41.280
argue, don't you ever give up
your guns just in case. Well,

860
01:06:41.280 --> 01:06:43.320
now, it was just about to
say we ought to, by the way,

861
01:06:43.360 --> 01:06:45.719
to a segment not tonight on an
Article five condensed subject, because that's

862
01:06:45.800 --> 01:06:47.920
kind of fun. But yeah,
that'll be fun. But look at Balant.

863
01:06:47.960 --> 01:06:49.960
I mean, you could do an
extensive balance sheet. On the one

864
01:06:49.960 --> 01:06:53.920
hand, I'll just mentioned two things. On the one hand, thanks to

865
01:06:54.760 --> 01:06:58.760
the recent Supreme Court our gun rights
are pretty secure and Americans are well armed.

866
01:06:58.800 --> 01:07:01.519
And I find it amused when the
right Americans are well right, you

867
01:07:01.519 --> 01:07:04.480
know, Joe Biden's as well.
You couldn't. What's really pretty useless.

868
01:07:04.639 --> 01:07:09.920
It's only an argument if you don't
have an F sixteen. And that's where

869
01:07:09.920 --> 01:07:14.679
I had a mean a few weeks
ago of a Vietnamese peasant smiling. Right.

870
01:07:15.679 --> 01:07:21.480
But then on the other hand,
again, we continue to see the

871
01:07:21.519 --> 01:07:26.559
population in the country sorting itself out
between red and blue states, and the

872
01:07:26.599 --> 01:07:31.440
red states are gaining in population economics. But do you realize it, California

873
01:07:31.679 --> 01:07:35.559
right now, it looks like California
could lose five congressional seats after the next

874
01:07:35.559 --> 01:07:40.559
census, which is just mind blowing, right, And and so what that

875
01:07:40.639 --> 01:07:44.639
represents is I don't know whether it
would lead to an actual formal secession or

876
01:07:44.679 --> 01:07:46.960
splitting up of the country, but
it's going to mean culturally that way you're

877
01:07:46.960 --> 01:07:49.679
gonna see. Uh, well,
all right, I'll end the red blue

878
01:07:49.679 --> 01:07:54.559
state thing. That's pretty obvious to
most people. Um and but I still

879
01:07:54.559 --> 01:07:58.400
think these cultural battles are going to
rage on. Uh and the you know,

880
01:07:58.440 --> 01:08:00.119
two hundred and fiftieth anniversary of that
coloration is going to be a big

881
01:08:00.199 --> 01:08:04.559
moment for how that plays out.
Yeah. By the way, just the

882
01:08:04.599 --> 01:08:09.880
weird radio just a few months ago, John, you were saying, Oh,

883
01:08:09.960 --> 01:08:12.320
you guys are really monarchist, aren't
you. You love the king and

884
01:08:14.199 --> 01:08:15.960
I know you guys, that's what
you guys are. You guys are like

885
01:08:18.039 --> 01:08:20.399
you want to have you want to
have a revolution, but yeah, I

886
01:08:20.399 --> 01:08:24.920
want to have you still don't have
King Charles around two. Okay, we've

887
01:08:25.000 --> 01:08:29.479
gone way over time, so um
we have. We have been off and

888
01:08:29.560 --> 01:08:32.720
on doing our feature at the end
about recommending books. So I thought,

889
01:08:32.800 --> 01:08:39.680
in uh honor July fourth, we
might um ask each of you, Lucretian

890
01:08:39.720 --> 01:08:43.880
Steve, what is your favorite book
about the American Revolution that you would recommend

891
01:08:44.079 --> 01:08:47.159
to listeners to pick up. Yeah, I thought you were gonna ask about

892
01:08:47.159 --> 01:08:51.720
the Declaration Independence and that's okay,
or the Declaration or the Declaration Declaration.

893
01:08:53.560 --> 01:08:55.800
So I say, I'm not a
fan of We'll do the clear Day.

894
01:08:55.840 --> 01:08:58.359
I'm not a fan of Gordon Woods
book, which you list as a book

895
01:08:58.359 --> 01:09:01.000
you're not supposed to read in your
politically and correct guide of the Supreme Court,

896
01:09:01.039 --> 01:09:04.520
that we'll come back to in a
couple of weeks. I actually think

897
01:09:04.560 --> 01:09:08.119
that the see what the creation thinks
I mean here. I think there's three

898
01:09:08.159 --> 01:09:12.039
good books on the Declaration I can
recommend. In some respects. The best

899
01:09:12.119 --> 01:09:16.079
one still is Carl Becker's book from
nineteen twenty two called The Declaration of Independence.

900
01:09:16.119 --> 01:09:19.520
Although it has a major flaw in
it, but it traces out,

901
01:09:20.159 --> 01:09:23.439
you know, the Lockey and roots
very well. It's a very competent work

902
01:09:23.439 --> 01:09:28.000
of intellectual history leading up the Declaration. The problem with the book is he

903
01:09:28.319 --> 01:09:31.159
says towards the end, and I
can quote him here, Professor Jaffa brought

904
01:09:31.159 --> 01:09:35.920
this to our attention over and over
again. He was a modern progressive historicist,

905
01:09:36.680 --> 01:09:41.319
but he said at the end of
the book quote him here to ask

906
01:09:41.359 --> 01:09:45.520
whether the natural rights philosophy of the
Declaration of Independence is true or false is

907
01:09:45.600 --> 01:09:50.000
essentially a meaningless question. And he
goes on from there to say, essentially

908
01:09:50.039 --> 01:09:54.039
that's because Hegel was right, and
progress moves us on to new things.

909
01:09:54.520 --> 01:09:57.479
Now. The funny thing is the
books out in nineteen twenty two, sort

910
01:09:57.479 --> 01:10:01.359
of the peak of progressive intellectual life. He published a new edition in the

911
01:10:01.359 --> 01:10:04.800
fall of nineteen forty one. So
the war in Europe is going on.

912
01:10:04.920 --> 01:10:09.560
We're not yet in it, but
it's close, right, And he takes

913
01:10:09.560 --> 01:10:12.840
it all back, and I'll just
quote two sentences from it, and this

914
01:10:13.039 --> 01:10:15.560
new forward to the forty one edition. He says, and maybe thought that

915
01:10:15.640 --> 01:10:19.359
just now, when political freedom is
in retreat everywhere, I'll shorteness a little

916
01:10:19.359 --> 01:10:24.720
bit, maybe we need to be
interested once again and the political principles of

917
01:10:24.720 --> 01:10:29.359
the Declaration of Independence. And he
says, certainly, recent events throughout the

918
01:10:29.399 --> 01:10:33.560
world have aroused an unwanted attention to
the immemorial problem of human liberty. And

919
01:10:33.680 --> 01:10:39.680
he says, men everywhere will want
to reappraise the validity of half forgotten ideas.

920
01:10:40.119 --> 01:10:43.159
You know my question, why are
they half forgotten ideas well? Because

921
01:10:43.159 --> 01:10:46.560
of people in the progressive movement like
you. Aside from that very important problem,

922
01:10:46.680 --> 01:10:50.680
it's maybe the best book on the
intellectual origins of declaration. And there's

923
01:10:50.680 --> 01:10:54.479
a couple of modern books I like, but you're not so sure, Lucretia,

924
01:10:54.720 --> 01:10:59.439
And I'd rather read Lincoln any day
of the week. Well, okay,

925
01:10:59.479 --> 01:11:01.800
I mean a lot more about the
Declaration of Independence from reading Lincoln,

926
01:11:01.800 --> 01:11:04.880
who said, I know this is
a famous quote, but I'm going to

927
01:11:05.079 --> 01:11:09.520
throw it at you anyway, All
honor to Jefferson. I know you don't

928
01:11:09.560 --> 01:11:15.359
like him, John Jefferson, to
the man who, in the concrete pressure

929
01:11:15.479 --> 01:11:20.800
of a struggle for national independence by
a single people, had the coolness forecast

930
01:11:20.880 --> 01:11:29.680
in a capacity to introduce into a
merely revolutionary document an abstract truth applicable to

931
01:11:29.800 --> 01:11:32.680
all men at all times, and
so to invom it there that today,

932
01:11:32.760 --> 01:11:36.399
in an all coming days, it
shall be a rebuke and a stumbling block

933
01:11:36.720 --> 01:11:44.079
to the very harbingers of reappearing tyranny
and oppression. Yeah, that's the most

934
01:11:44.119 --> 01:11:46.119
important thing you can ever read about
the Declaration of Independence, in my opinion.

935
01:11:46.119 --> 01:11:51.199
I'd have to tell you guys something
funny really quick. So tomorrow there's

936
01:11:51.239 --> 01:12:00.720
at my parish. They have recently
restored a very old and very famous pipe

937
01:12:00.800 --> 01:12:09.039
organ to its original condition at a
great expense, and they're having a concert

938
01:12:09.079 --> 01:12:16.439
called Patriotic Pipes, but yours truly
Lucretia will be giving a talk about Christianity

939
01:12:16.520 --> 01:12:23.960
and the Declaration of Independence tomorrow at
the Patriotic Pipes. Can you record that?

940
01:12:24.319 --> 01:12:27.720
Yeah, we'll have to get a
recording. Yeah. See, or

941
01:12:27.800 --> 01:12:32.319
if it's written, you can just
began all of you got John and by

942
01:12:32.359 --> 01:12:35.920
the way, you know declaration,
but go ahead, Oh yeah, he

943
01:12:35.960 --> 01:12:40.319
doesn't. So I just turned around
to my bookshelf and pulled off two books

944
01:12:41.039 --> 01:12:43.279
that I've had for a long time
that I like. And I know you

945
01:12:43.279 --> 01:12:46.960
don't like him, but I do
like Bernard Balien's ideological origins in the American

946
01:12:47.000 --> 01:12:51.319
Revolution. And I'm opening the copy
I have, and I you know,

947
01:12:51.520 --> 01:12:56.680
brings memory to mine because it says
it has me. I put the date

948
01:12:56.720 --> 01:12:59.720
I bought the book in here.
It says November twenty first, nineteen eighty

949
01:12:59.720 --> 01:13:02.039
seven. And on the front of
the book there's a price tag. Can

950
01:13:02.039 --> 01:13:08.800
you see what the price was back
in nineteen eighty seven, Yeah, thirteen

951
01:13:08.840 --> 01:13:12.119
dollars and fifty cents where a brand
new book, and I have that same

952
01:13:12.239 --> 01:13:14.880
edition, I think probably the same
price. Yeah, I think it's the

953
01:13:14.920 --> 01:13:17.600
first edition. Yeah, and then
the other book I liked very much.

954
01:13:18.159 --> 01:13:21.399
I mean, so they both come
out in the mid nineteen sixties. The

955
01:13:21.479 --> 01:13:27.359
other book I like a lot is
Forrest McDonald E Colbos right, Yeah,

956
01:13:27.359 --> 01:13:30.640
it also came out about it.
I think it came out in yeah,

957
01:13:30.760 --> 01:13:34.199
nineteen sixty five. Also, although
this book I have is the Liberty Fund

958
01:13:34.439 --> 01:13:38.279
edition, which is you know,
you get for a cost, and it

959
01:13:38.359 --> 01:13:42.760
says I says, I bought that
one in nineteen ninety one. So I

960
01:13:42.840 --> 01:13:45.520
do like both of these books,
but again because they make the revolution,

961
01:13:46.359 --> 01:13:50.000
they explain the revolution as being caused
by ideas, and in fact, Forrest

962
01:13:50.039 --> 01:13:57.600
McDonald did a great service by destroying
Charles Beard's argrect that the Revolution and the

963
01:13:57.640 --> 01:14:01.600
Constitution were just rich plant and slave
owners putting one over on the poor.

964
01:14:01.880 --> 01:14:06.960
Isn't that? Doesn't that epitaph do
a better? Not that that that Forrest

965
01:14:08.000 --> 01:14:11.640
McDonald doesn't. But you know,
if you look at the Declaration of Independence,

966
01:14:11.640 --> 01:14:14.880
for instance, and when they say
they uh, they pledged their lives,

967
01:14:14.880 --> 01:14:16.680
their fortune and their sacred honor,
and if you look at what actually

968
01:14:16.720 --> 01:14:20.600
happened to the fifty seven people who
signed the declaration, of independence is sad.

969
01:14:20.920 --> 01:14:25.159
I mean many of them gave up
everything in one way or another,

970
01:14:26.159 --> 01:14:29.560
lost their homes, lost their farms, right yep. One of the great

971
01:14:29.800 --> 01:14:34.079
stories as a Philadelphia and I remember
this while is that Benjamin Franklin signed it

972
01:14:34.159 --> 01:14:41.079
and his son was a loyalist and
left with the with the British at the

973
01:14:41.159 --> 01:14:43.760
end of the revolution. And they
never and never talked to him. Again,

974
01:14:44.159 --> 01:14:46.359
you're not talking. You're not mentioning
the fact that I accused you guys

975
01:14:46.359 --> 01:14:49.439
of being more on the side of
William Franklin than you were on the side

976
01:14:49.439 --> 01:14:56.279
of a Whiskey rebellion. So untrue. But oh wellions. So I believe

977
01:14:56.319 --> 01:14:59.920
we should be in a revolution right
now, John, So let sign it

978
01:15:00.159 --> 01:15:02.479
both of those books for the Constitution
class I had with him. Um.

979
01:15:02.880 --> 01:15:05.079
By the way, the thing about
Forest McDonald that you may not know,

980
01:15:05.079 --> 01:15:08.720
I knew him a little bit.
He was kind of libertarian leaning. He

981
01:15:08.800 --> 01:15:13.840
had a farm in Alabama. He
liked to plow his field in the nude.

982
01:15:16.760 --> 01:15:19.800
He was. He was kind of
a nudest libertarian guy. This is

983
01:15:21.319 --> 01:15:26.720
really yeah, that's take takes getting
back to nature a little too far.

984
01:15:27.039 --> 01:15:29.840
By the way, if you've never
read it. John. His intellectual history

985
01:15:29.840 --> 01:15:32.000
of the presidency is very good.
Yeah, I'd like that book very much.

986
01:15:32.039 --> 01:15:38.359
Actually, so, uh it's time
to end, right, so I

987
01:15:38.479 --> 01:15:43.199
will Lucretia, you have a Babylon
Bee headline other than the Asians take a

988
01:15:43.359 --> 01:15:48.960
five minute study break to celebrate winning
the Harvard case. It's always so so

989
01:15:49.079 --> 01:15:55.279
difficult. Uh, there was a
couple. I'm just I'm not even gonna

990
01:15:55.319 --> 01:16:01.800
try to choose. Zuckerberg unveils exciting
new social media platform for government censor for

991
01:16:01.880 --> 01:16:08.479
the beginning, we didn't even bring
up this subject. Maybe it doesn't even

992
01:16:08.479 --> 01:16:13.079
make sense to you. But DC
police say they may never discover who left

993
01:16:13.159 --> 01:16:17.319
bag of cocaine labeled property of h
Biden at White House. Oh yeah,

994
01:16:17.359 --> 01:16:20.199
we didn't talk about that. You're
right. Maybe Why do I want to

995
01:16:20.199 --> 01:16:27.039
go watch cocaine bear so badly?
Right now? I don't know another one

996
01:16:27.079 --> 01:16:31.279
for us? Uh? The Native
Ben and Jerry, you know that was

997
01:16:31.880 --> 01:16:36.399
Ben and Jerry are are giving a
bud light run for the money. Ben

998
01:16:36.399 --> 01:16:42.239
and Jerry announced Native Americans may exchange
white Men's Scout for free pint of chunky

999
01:16:42.279 --> 01:16:48.479
monkey. All right, I'm done
this week. Calmualism of the Week here's

1000
01:16:48.560 --> 01:16:55.520
colmalist quote. Culture is it is
a reflection of our moment and our time

1001
01:16:55.760 --> 01:16:59.640
right and present. Culture is the
way we express how we're feeling about the

1002
01:16:59.680 --> 01:17:02.640
moment. She would always find times
to express how we feel about the moment.

1003
01:17:05.760 --> 01:17:10.439
Keep. I wish people could see
the clip because she looks so serious

1004
01:17:10.560 --> 01:17:23.000
when she's see Oh man quoted her
and seriously as brilliant. Yeah, yes,

1005
01:17:24.640 --> 01:17:30.239
so we will. Let's close out
with always drink your whiskey, neat,

1006
01:17:30.319 --> 01:17:36.720
Let's go Brandon and Steve. The
closing from our president is, oh

1007
01:17:36.760 --> 01:17:42.079
God saved the queen Man. That's
right. Keep good night, everybody,

1008
01:17:42.119 --> 01:17:49.319
good night, everybody see you next
week, next week, Nay, I

1009
01:17:49.600 --> 01:17:54.760
don't, but see me and then
you won't. My last dancing, my

1010
01:17:55.039 --> 01:18:01.239
last night. I'm the warming about
is hey God? My money is dashion

1011
01:18:02.279 --> 01:18:14.600
hip Benshi, myney is downship content
and myneme a cenship, senship cenship then

1012
01:18:15.079 --> 01:18:20.560
sensation and me here and there do
you think I really care? And my

1013
01:18:20.680 --> 01:18:28.279
rechusband, my teams you should be
living with Dames Cot cut snips with My

1014
01:18:28.560 --> 01:18:38.119
name is senshi, this ship senshion. My name is sensionment. Myneme is

1015
01:18:38.319 --> 01:18:46.680
sension ship, sension senorsen ship.
The crime JA doesn't want many want,

1016
01:18:46.840 --> 01:19:00.439
no requiring tray. Well, will
you comment? Go Ricochet join the conversation.

