Tag: Constitution

Dobbs and EPA — What a Whole New SCOTUS Means for America

Dobbs and EPA — What a Whole New SCOTUS Means for America

Show Summary: This week, two momentous decisions by the Supreme Court will have long-reaching impact. We talk with constitutional attorney, Jonathan Emord, about the Dobbs and EPA rulings, why they are so important, and the impact they will have. And why Dobbs and EPA signal a whole new court—and the first true major blow to the deep state in decades.

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Original Air Dates: July 23, 2022 | Guest: Jonathan Emord

This Week – Dobbs and EPA

Instead of two guests, we have two topics. We are going to dig in deep into two recent Supreme Court decisions: the Dobbs and EPA rulings.

Specifically, Dobbs v. Jackson Women’s Health Organization and WV v EPA. These two decisions alone represent a huge shift at SCOTUS.

Both of rulings these are momentous in their own rights.

Dobbs because it erases an imaginary “Constitutional right” of abortion and will open the door to more protections for the unborn at the state level. And the EPA ruling, because it restores some Constitutional balance among the branches of government. And opens the door to weakening the administrative state. Provided that Congress exercises the power that was restored to it.

Did the 2022 elections just get yugely more important? Yes.

Dobbs Overturns Roe v Wade

Why was Roe v Wade so hard to overturn? How did the 1973 court get is so wrong and invent a “right”? Tune in to find out. And, also importantly, going forward Dobbs gives SCOTUS the mental permission — the fortitude and courage — to make other rulings that restore constitutional order.

The era of the John Roberts court is officially over.

Could America, after all the shrieking is done, could America turn more pro life after the overturn of Roe v Wade with more protections for the unborn? And could we be witnessing the beginning of the end of the Deep State? 

West Virginia vs EPA – First Major Blow to the Deep State

As Jonathan Emord reminds us, the administrative state is the true government because they hold all the real power. Effectively. Because Congress has not used its power. And the Executive Branch has both abused its power  through overreach and failed to use its power to rein in unelected bureaucrats.

Want to know how the administrative state (aka the Deep State) took over? Then you must read Jonathan Emord’s The Authoritarians

The EPA ruling just restored the separation of powers in a big way. The EPA grabbed a tremendous amount of power when it decided it could use the Clean Air Act to effectively regulate the entire economy via climate change. Now, its WV v EPA ruling stripped the EPA of that power and handed it back to Congress. Effectively, SCOTUS reaffirmed that laws must come through Congress, not the unelected bureaucrats of the administrative state. And, potentially, could strip billions from the Far Left’s theft of public dollars.

With these two rulings, we stand at the threshold of history. 

Mentioned: The Dr. Frank Executive Club Presentation – Link and Chuck Wiese Primer

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Research, Links Mentioned & Additional Info

  • Jonathan Emord’s The Authoritarians is an absolute must-read
  • Brick by Brick, Courts Build a Roadblock Against Biden’s Administrative State (The Epoch Times, July 20, 2022)
  • Supreme Court Targets the Real Enemy (The Epoch Times, July 1, 2022)
    • When you consider the implications of this one decision, they are awesome. It doesn’t just apply to the EPA and its elaborate plans for changing the global climate through command and control. It also applies to every other agency [all 432 of them], including the CDC and even the Federal Reserve itself.
  • The Dobbs Decision, Explained (The Daily Signal,  June 24, 2022)
  • Historic Supreme Court Ruling a Win for Sanctity of Life (GOP.gov, June 24, 2022)
  • Read this terrific and fascinating post from the wife of Andrew Torba (the founder of Gab.com) on the incredible link between a mom and her unborn child that continues for years after birth. Or after an abortion. Could this explain why so many women deeply regret their choice?
  • The Astonishing Implications of Schedule F (Brownstone Institute, June 27, 2022)
    • The Washington Post in an editorial expressed absolute shock and alarm at the implications: The directive from the White House, issued late Wednesday, sounds technical: creating a new “Schedule F” within the “excepted service” of the federal government for employees in policy-making roles, and directing agencies to determine who qualifies. Its implications, however, are profound and alarming. It gives those in power the authority to fire more or less at will as many as tens of thousands of workers currently in the competitive civil service, from managers to lawyers to economists to, yes, scientists.
Authoritarianism Happening Around the World – Will it Happen Here?

Authoritarianism Happening Around the World – Will it Happen Here?

Show Summary: We are witnessing global authoritarians resist the great push back. People are done with covid mandates, pushing back at never-made-sense masks and more. In Canada, the Freedom Convoy was met with Gestapo style tactics, exposing the lengths authoritarians will go to keep their power. Now Russia tramples Ukraine’s borders and sovereignty. Can this come here? What still protects us? What makes us different than places like Canada, which has it’s own Charter of Rights?

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Original Air Dates: February 26th & 27th, 2022 | Guest: Jonathan Emord

This week it’s all about the authoritarianism we are seeing on display in on other countries — Canadian police trampling citizens and freezing bank accounts of people who weren’t even at the freedom protests but merely supported them from afar; Russia trampling on Ukraine’s sovereignty, and even here in the U.S.

Could these happen here?

Possibly, but it will be much harder — thanks to, once again, the wisdom and foresight of our Founders. Top Constitutional attorney, Jonathan Emord, tells us why America really is that shining beacon of freedom.

Jonathan Emord has quickly become one of our top, most-frequent guests. Be sure to check out his previous appearances.

Authoritarianism: Two Must-Read Books

If you only have time to read two books this year, read these:

Jonathan Emord’s The Authoritarians: Their Assault on Individual Liberty, the Constitution, and Free Enterprise from the 19th Century to the Present. You will learn about Marxist/socialist/communist ideology and how took root in America in the mid 1800s and became the justification for slavery. Also, how it continued to spread and flourished until it has now sabotaged our Constitutional republic as designed.

And Disinformation by Lt. Gen. Ion Pacepa and Ron Rychlak. Ion Pacepa The highest-ranking Soviet bloc intelligence official ever to defect to the West, and he was the head of the Soviet disinformation campaign.

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Links & Further Info

2021 Year in Review: Democrats’ Political Boneyard | Hope for 2022

2021 Year in Review: Democrats’ Political Boneyard | Hope for 2022

Show Summary: Our year in review: as bad as 2021 has been, it turns out it was the year of proving the Right was right. Lockdowns to mandates to passports, Russia collusion, CRT and so much more — they weren’t conspiracies. Will Oregon reject democrats in 2022? Listen to hear about the monkey wrenches democrats are tossing in the gears to sabotage Oregon.

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Original Air Dates: December 11th & 12th, 2021 | Guest: State Senator Dennis Linthicum

This week: Senator Dennis Linthicum (OR SD-28) joins us for our year in review as we  look back at 2021 and take a look ahead at 2022.

A Year in Review: The Good, the Bad, and the Democrats

Last week we talked with Alek Skarlatos about the democrats’ gerrymandered congressional districts. This week we look a little deeper. Yes, the democrat gerrymandering is a problem but there is another monkey wrench they threw in the elections gears in 2021.

Actually, it’s more of a sledgehammer.

Be sure to check out the resources below for more info on China’s social credit score system democrats want to bring to the U.S. If you thought CRT was bad…

We also look ahead at 2022 and the challenges ahead. There are some great Republican candidates for governor. And, yes, there is a potential monkey wrench there too. Betsy Johnson. While she would be a far better democrat candidate than the ultra far left Tina Kotek or the so-called “moderate” carpetbagger Nicholas Kristoff, she’s running as an independent. Not a democrat.

That says a lot, doesn’t it?

Because she must not believe an independent-minded blue-dog democrat can win in Oregon. At least not get the win in the democrat primary. How will a third-party candidate impact the race? Split the votes and ensure a democrat win? Or split the democrats and let a Republican slip by?

We also look ahead to 2022. What are some of the key issues for Republicans to run on and attract both non-affiliated voters. And even democrats? Here’s a hint: we talked about one of them last week.

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References & Further Reading

China’s Social Credit Score

  • Video: China ranks ‘good’ and ‘bad’ citizens with ‘social credit’ system (France 24, YT channel, May 1, 2019)
  • China’s social credit system spreads to more daily transactions (Brookings Institute, June 18, 2018)
    • “China has stated that all 1.35 billion of its citizens will be subject to its social credit system by 2020, and travel restrictions for low-scoring citizens is only one of many to come.”
    • “…a poor Chinese social credit score can lead to bans from travel, certain schools, luxury hotels, government positions, and even dating apps.”
  • Chinese Social Credit Score: Utopian Big Data Bliss Or Black Mirror On Steroids? (Forbes, Jan 21, 2019)
    • “…government agencies and private companies are collecting enormous amounts of data about e.g. an individual’s finances, social media activities, credit history, health records, online purchases, tax payments, legal matters, and people you associate with in, addition to images gathered from China’s 200 million surveillance cameras and facial recognition software.”
  • China’s new ‘social credit system’ is a dystopian nightmare (NY Post, May 18, 2019)
    • “Not only are you publicly humiliated in the ticket line, you are then forced to travel by slow train. What should have been a three-hour flight becomes a 30-hour, stop-and-go nightmare. All because the government has declared you untrustworthy. ”
    • “A low social credit score will exclude you from well-paid jobs, make it impossible for you to get a house or a car loan or even book a hotel room. The government will slow down your internet connection, ban your children from attending private schools and even post your profile on a public blacklist for all to see.”
  • UK Study on kids 23%:  COVID rules are blamed for 23% dive in young children’s development: Disturbing study shows scores in three key cognitive tests slumped between 2018 and 2021, with face mask rules among possible culprits (UK Daily Mail, Nov 26, 2021)
    • New study executed by Brown University found face masks and other social distancing measures may in fact impede on children’s development
    • A whopping 23 per cent drop in IQ scores since the start of the pandemic

2021 Year in Review: the Right was Right

 

Restore the Constitution: Eliminate the Administrative State

Restore the Constitution: Eliminate the Administrative State

Show Summary: The Constitution is supposed to guarantee our rights. But over the centuries since our founding, socialists have steadily eroded our rights and the influence of the Constitution. In fact, for much of American government, the Constitution doesn’t apply. This week, we examine the “administrative state” where normal constitutional principles (or even law) don’t apply. We also look at how we fix it—and hold people accountable.

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Original Air Dates: November 20th & 21st, 2021 | Guests: Jonathan Emord

This week: We have a dual justice system and one where the Constitution doesn’t apply: the administrative state. It is a true return to authoritarianism — the rule of the king — where the government literally holds all power and you, the citizen, have no power. Except whatever the government deems to allow you. No Constitution. No rights.

Welcome back to the 1750s.

The Administrative State

The Authoritarians by Jonathan Emord
Order The Authoritarians on Amazon

As one of America’s top constitution lawyers for the last 35 years, Jonathan Emord has seen, up close and personally, the purposeful destruction of America’s founding principles of liberty and freedom from government. The Constitution outlines the boundaries of the government. But the authoritarians have been undermining it for well over two centuries.

Be sure to catch Jonathan Emord’s previous appearances on I Spy Radio: The Authoritarians Part One and Part Two.

Our previous shows with Jonathan focused on the rise of socialism in America. Including the Southern democrats’ use of socialism/Marxist ideology to defend slavery. And we looked at the beginnings of the administrative state under FDR.

This week, we dig a little deeper into the administrative state, which is the “Bizzaro World” version of our Constitutional Republic. And how do we untangle it? The answer may be simpler than you think.

Which rule of law wins? The administrative state? Or the Constitution? Because right now, we’re seeing this play out with the covid-19 vaccine mandates and passports.

And we look at justice. Holding people accountable. Could Durham’s investigation go a lot higher than just the low-hanging fruit and middle-men Durham has so far indicted?

One of America’s top constitutional lawyers thinks so. Tune in to find out why.

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Links & Further Info

The Authoritarians: How Socialism’s Dark and Ugly Ideology Took Root in America

The Authoritarians: How Socialism’s Dark and Ugly Ideology Took Root in America

Show Summary: This is Part Two of our interview with Jonathan Emord, one of America’s top constitutional lawyers, about his book The Authoritarians. If you’ve been looking at the destruction to our constitution and American freedoms and wondering how we got here and what to do about it, this show is for you.

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Original Air Dates: October 16th & 17th, 2021 | Guest: Jonathan Emord

This week: We talk with constitutional lawyer, Jonathan Emord. This book is so timely and so needed and so full of information that we have made this a two-part show.

The Authoritarians, Part Two

The Authoritarians by Jonathan Emord
Order The Authoritarians on Amazon

Today’s show is Part Two of our interview with Jonathan Emord. This week, we look more deeply into his book and focus on how authoritarianism (Marxism, socialism, communism) took hold here in America—the land of the free and birthplace of liberty. Think about it. How is it that just two generations removed from throwing off the king’s despotism, American politicians, educators, and even religious leaders were all trying to take us back down that road?

For those who know and understand socialism, it shouldn’t surprise that socialism began its creep into American society as a defense for slavery.

 Tune in to hear the convoluted thinking that led Southerners to use socialism as a defense not just for slavery but as a defense against American’s founding ideology. That all men are equal. That all men are endowed with rights and freedoms from their Creator. 

Did you miss Part One of The Authoritarians with Jonathan Emord? Go here to catch up!

As one of America’s top constitution lawyers for the last 35 years, Jonathan Emord has seen, up close and personally, the purposeful destruction of America’s founding principles of liberty and freedom from government. The Constitution outlines the boundaries of the government. But the authoritarians have been undermining it for well over a century.

Socialism: It’s Worse than You Thought

Part Two will also look into the inherent racism of Marxism and socialism. Bet most socialists and Marxist-wannabes in America have no idea that racism was an inherent part of their ideology.

But it’s worse even than that. Tune in to hear how the eugenics movement was (and still is) a key part of socialism. And how American judicial rulings set the precedent that the Nazis used in their defense at Nuremberg.

Yes. It’s true: The National Socialist Party was the epitome of socialism. Despite today’s socialists trying to run from their ties to the Nazis, they were the living example of what socialism could look like here on Earth.

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Links & Further Info

 

The Authoritarians: Their Assault on Individual Liberty and the Constitution

The Authoritarians: Their Assault on Individual Liberty and the Constitution

Show Summary: If you’ve been looking at the destruction to our constitution and American freedoms and wondering how we got here and what to do about it, this show is for you. This is Part One of a two-part show. We talk with Jonathan Emord, one of America’s top constitutional lawyers, about his book The Authoritarians.

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Original Air Dates: October 9th & 10th, 2021 | Guest: Jonathan Emord

This week: We talk with constitutional lawyer, Jonathan Emord. This book is so timely and so needed and so full of information that we have made this a two-part show.

The Authoritarians, Part One

Today’s show is Part One of a look at how we got here — where the law and especially the constitution doesn’t matter any more. How anti-America-as-founded forces have corrupted our system and seized power right in front of us while those in power who should have protected us, did nothing. 

The Authoritarians by Jonathan Emord
Order The Authoritarians on Amazon

As one of America’s top constitution lawyers for the last 35 years, Jonathan Emord has seen, up close and personally, the purposeful destruction of America’s founding principles of liberty and freedom from government. The Constitution outlines the boundaries of the government. But the authoritarians have been undermining it for well over a century.

Part One is the appetizer to whet your appetite for next week when we will more fully dig into his book, and focus on the origins of authoritarianism and how to stop it before its too late.

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Links & Further Info

 

Voters Fight for Truth Amidst Arizona Audit

Voters Fight for Truth Amidst Arizona Audit

Show Summary: It’s the Arizona audit — but also the stories behind the story of the audit. Including a fascinating historical context with a Constitutional law professor. And stories of the eyewitnesses to the audit — the watchers who watched the watchers. Plus, we look at the outcomes and where the audit movement is headed now.

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Original Air Dates: Oct 2nd & 3rd, 2021 | Horace Cooper & Chuck Wiese

This Week: Arizona Audit & Stolen Elections

It’s all about the Arizona audit this week. But we take a different tack. We look at the stories behind the story of the Arizona audit.

Head to Fix2020First.com. Sign Mike Lindell’s petition to encourage the Supreme Court to accept the bill of complaints brought by patriotic states to save our country.

We talk first with Horace Cooper, co-chair of Project 21 and a constitutional law professor who gives us some historical context of the protections our Founders put in place for elections. And a look at other stolen elections. He also gives us insights into the remedies that exist and what should have happened with the contested 2020 election. And that new law Oregon passed to prevent the scrubbing of its voter rolls? Yeah. That’s going to have, shall we say, “unique” problems.

Then we talk with our go-to scientist, Chuck Wiese.  Chuck is trained in data analysis and he goes through the numbers that prove, conclusively, that there was fraud in the Arizona election. And what points to fraud in other states.

But first we take a look at the stories now being told by the Arizona audit observers. Who, until now, have been under a non-disclosure order to not discuss what they saw and heard. Tune in to hear these important observation that adds more context to the audit, above and beyond a bunch of numbers.

If you were on the fence before, this will convince you.

It’s time to do audits. In all 50 states.

But unless and until people start going to jail, none of this matters. Because they will just try it again and again and again. Which is why you need to support election audit efforts.

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Research Links & Info

Arizona Audit Results

  • AZ Audit Volunteers Reveal Findings – Disturbing Elections Irregularities Discovered (GWP Channel, Rumble, Sept 30, 2021)
  • Read the Arizona AG’s order to Maricopa County for a litigation hold (PDF)
  • Arizona Attorney General Mark Brnovich Sends Letter To Maricopa County – FIRST REQUEST: Preservation Of Evidence/Litigation Hold (Gateway Pundit, Sept 28, 2021)
  • Arizona Audit for Dummies w/ Senator Wendy Rogers (Rumble, Sept 22, 2021)
    • Did you know? AZ Audit survived 4 court challenges
    • Now, why would Maricopa be so against anyone looking at results? Hmm…
  • Major Audit Bombshell: Individual Busted In The Act 1 Day Before Audit Began (Populist Press, Sept 24, 2021)
    • “Ben Cotton shared the IT results from the audit of the 2020 Election Results in Maricopa County. During his presentation, he noted that files were deleted by those involved in the election. But then Cotton noted that his team was able to identify the time stamps for when the files were messed with and from that. We have captured screen shots of Maricopa County people at the keyboards during those time periods.”
  • “We Did Find Large-Scale Fraud”– AZ GOP Chair Calls For Full Canvass (Palmieri Report, Sept 28, 2021)
  • Maricopa County Releases Statement On Election Audit–Will Be Issuing A Response (Palmieri Report, Sept 29, 2021)
  • Arizona Audit Finds 86,391 Voters have No Identity Match (RSBN, Sept 29, 2021)
    • Among several damning revelations from Friday’s hearing for the Maricopa County 2020 election audit results, is Cyber Ninjas’ finding that 86,391 votes in Arizona did not have an identity match.

The Audit Movement is Spreading

  • Report Shows Fulton County, GA 2020 Election Had $2 million in Unsupported OT, 15 Missing Routers, an Agreement with the SPLC to Put in Place Drop Boxes, and More (GWP, Sept 25, 2021)
  • Now Delaware: With Only 10% of 2020 Election Results Audited, 20,000 Invalid or Suspect Ballots Identified (GWP, Sept 30, 2021)
    • “A report released from a voter group in Delaware shows it’s quite possible Joe Biden didn’t even win his home state in the 2020 Election once invalid and suspect ballots are addressed.”
    • Above is based on a story from National File, “Massive ‘Fraudulent’ Votes And Apparent Nursing Home Vote Fraud Found in Delaware In 2020 Election” (Sept 30, 2021)
  • ‘Narrative Collapse’: British Media Finally Appear to Be Questioning Biden’s U.S. Election Legitimacy (Becker News, Sept 28, 2021)
    • Original UK Times article is here

Additional Related

 

Victory, Valor, and Vaccines – Wait, so the Constitution Matters?

Victory, Valor, and Vaccines – Wait, so the Constitution Matters?

Show Summary: Just when you thought the Constitution didn’t matter any more, along comes Southeastern Legal Foundation’s huge win in federal court to throw out the CDC’s power grab to block landlords from evicting renters. Updates on SCOTUS failing to take up voter fraud, the Texas power grid failure, and covid vaccines.

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8a – 9a: KWVR 1340AM (Wallowa County) | Direct Link: KWVR Live Stream
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Original Air Dates: Mar 5th & 6th, 2021 | Kimberly Hermann & Chuck Wiese

This Week: Do you ever sit in your living room and think the world today just feels off?

In Oregon that’s not hard to do when we think about what people have endured over the past year.  From businesses shut down orders, to losing their sole income—while watching bills pile up.

Victory in Federal Court: Overruling the CDC’s Power Grab

In all of this, renters were hugely impacted; they lost jobs only to find that no job might mean no home.  So the Centers for Disease Control (CDC) stepped in and upended Constitutionally guaranteed property rights and declared a moratorium to evictions. Which sounds nice. Except, why is the CDC (which is hardly an economics agency) inserting itself into private property rights and contract law? And, as usual, Leftist thinking left out the other half of the equation.

Because on the flip side, people were taking advantage of the situation by not paying rent — and landlords were being forced into not being able to pay their investment mortgages that also kept the roof over the renters’ heads.

Southeastern Legal Foundation: Big Win over Government Overreach

It was bad enough that the government stepped in, telling business owners their revenue streams were shut off, causing disruptions of US free markets like never before.  But then to declare that if renters can’t (or won’t) pay, they can’t be evicted. And there sat the landlords, footing the bills. Imagine if the CDC, with their economic insights, had deemed customers could walk into stores and take whatever they want and not have to pay for it.  What other powers could the CDC seize for itself? Or what other rights could the CDC take away on a whim? Property rights are the cornerstone of the Constitution.

Enter Kim Hermann , the General Counsel for Southeastern Legal Foundation, which stood up to tyranny and sued to protect constitutional rights.  And, in an exciting slam of the gavel, the judge determined the CDC’s moratorium on evictions was unconstitutional.

And suddenly with that decision the world started to right itself. Just a little bit.

We talk to Kim about what this case meant and what does it mean for upcoming cases in the future.  We also talk to her about election laws, the Supreme Court’s decision to not hear any election fraud cases, and H. R. 1, the legalizing- election-theft bill just passed by Congressional democrats.  She also talks about what the states are working on to correct that election integrity problems. Brave men and women who are stepping up to help fight another good fight.

Updates on Texas’s Green Energy Failure and on the Vaccines

Then, scientist Chuck Wiese returns to give us some of updates on two stories we recently talked to him about: the power grid situation in Texas and the covid vaccines.  But before we dip into those, Chuck shares with us his own experiences of being a landlord and what’s happened in Oregon.

Tune in to hear how once again Oregon was the Petri dish for Leftist ideology as it whittled away at property rights of landowners under Governor Kate that perhaps set the stage for the CDC’s eviction moratoriums.  We also talk with him about some updates on what is going on in oil-rich Texas and why so many climate and green energy officials in Texas have quit since their big storm.  And we touch base to get his thoughts on the latest vaccine and some ongoing concerns about the pandemic and the government’s response to it.

And when we fold all the above information into one big package we have to wonder if we will ever hear the truth from any government officials.

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It’s True: Oregon has a Dictator | Constitutional Crisis

It’s True: Oregon has a Dictator | Constitutional Crisis

Show Summary: Is it time to storm the castle? You may want to after this. Governor Brown makes absurd claim her authority is higher than the Constitution. Unbelievable. Both a Constitutional scholar and the attorney for the plaintiffs in the church lawsuit v Oregon weighs in.

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11a – noon: KLBM 1450AM (Union County) | Direct Link to KLBM Live Stream
11a – noon: KBKR 1490AM (Baker County) | Direct Link to SuperTalk Live Stream
7p – 8p: KWRO 630AM (Oregon Coast & Southeastern Oregon) | Direct Link to KWRO Live Stream

Sundays
8a – 9a: KWVR 1340AM (Wallowa County) | Direct Link: KWVR Live Stream
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Air Dates: May 16 & 17, 2020 | Dr. Joyce Malcolm & Kevin Mannix

This Week: When we see a leader make a difficult decision to shut down an economy based upon the fear that millions might die, we, as fellow human beings, feel compassion and are willing to give those in charge the benefit of the doubt. In the face of a true, catastrophic emergency—like a tidal wave or earthquake—it’s reasonable to do so and most people want to do their part to pitch in and help.

But as the situation matures and it becomes clear that the actual outcomes are not as devastating as predicted, a responsible leader—looking out for the people—relaxes the emergency’s grip to ensure the peoples’ freedoms and liberties are restored as quickly as possible.  President Trump’s response has been nothing but looking out for the people, trying to protect them even though it sacrificed an amazing economy that had easily brought his 2nd term into his grasp.

The Constitution is at Stake

But not all leadership has the same philosophies or beliefs of restoring the people’s freedoms. In fact, some want to be overly “protective” (what some might call socialism) with the added emergency powers, and to put the people into a position where they are being treated as children, with no life choices because they, the leadership, know better. (What some might call fascism.)

What has been clearly demonstrated between the two choices is one understands the importance of liberty while taking precautions and acceptable risk; the other wants to safeguard their power while subjugating your freedoms. Your freedom is a direct threat to their power over you. These are the very struggles our Founding Fathers faced. And what about the rule of law to strike a balance between authority and liberty.

The Constitution vs States

With all the complexities of finding out how our Constitution interacts with states rights, the states’ Constitution, and statutes, we invite to I Spy a Constitutional scholar: Dr. Joyce Malcolm, a faculty member at Antonin Scalia Law School at George Mason University, who’s an expert on the evolution of individual rights, especially during the American Colonial era. She has testified before Congress and has had her work cited in a Supreme Court decision.

We discuss with Dr. Malcolm the broader issues of the Constitution, and how its preeminence is being challenged in the wake of Emergency Declarations. Who really has the authority here? She describes historically if other situations have ever impacted the US in any way like Covid has, with rights stripped by stay-home and business shut down orders. Does our First Amendment rights supersede our governor’s power to take them away?

Governor Brown vs The Constitution

All that to set the stage for our second guest as we take a very deep dive into what states are facing with some governors’ overreach. A couple of weeks ago, we spoke with Oregon Senator, Dennis Linthicum. He told us the governor is getting around the Oregon Constitution by not relying on the Constitution. She is, instead, relying statutory power. But isn’t Oregon’s Constitution the supreme law of the land? And isn’t the U.S. Constitution even higher than that?

“The governor’s attorneys argue that the balance between the governor’s executive orders and the freedom to practice religion favors the governor.”

We speak with Kevin Mannix (of Common Sense for Oregon) who is one of the attorneys that represents churches and businesses suing Governor Kate Brown and her administration’s emergency orders to shut things down.

Incredibly, her attorneys have actually argued in their motion to dismiss, that her powers are greater than the Constitution. And that’s just the tip of what she’s said.

The Church Lawsuit in Oregon

Tune in to hear Kevin Mannix’s response and line of attack as he fights for church members to gather for worship as they please. Along with the fight for businesses who’ve been at the whim of the Governor, who deigned to allow some to remain open while closing others. Including churches.  Mr. Mannix talks about the lawsuit, it’s status, and what it means if their injunction is given the affirmative. Are there signs she is backing down?

Listen this weekend to get some very important answers.

Podcast Version

Trapped under a heavy object? Missed the show? Don’t worry—the podcast version will be right here after the show airs.

Links Mentioned

Dr. Joyce Malcom  

  • Oregon Republican lawmaker requests special session to end governor’s coronavirus state of emergency (OregonLive, May 6, 2020)
  • Governor: Large Events Canceled Statewide Until Covid-19 Treatment or Cure is Found (Canby, May 7th, 2020)
  • AG Barr says ‘draconian’ coronavirus restrictions should be re-evaluated (NY Post, Apr 9, 2020)

Kevin Mannix

  • Oregon emergency order lawsuit raises thorny legal questions (Bend Bulletin, May 14, 2020)
  • Salem salon owner says she’s been fined, forced to close for defying state orders (KATU News, May 14, 2020)
  • Attorneys for Gov. Kate Brown say lawsuit filed in Baker County challenging executive orders is baseless, should be dismissed (Baker City Herald, May 13, 2020)
    • Attorneys from state Department of Justice say governor declared emergency under state statute, not constitution
    • THIS “The governor’s attorneys argue that the balance between the governor’s executive orders and the freedom to practice religion favors the governor.”
  • Salem church joins legal effort (Salem Reporter, May 7, 2020)

Related Links

  • All of Oregon opens, Including Portland (OregonLive, May 14, 2020)
  • Oregon Churches and Religious Leaders File Lawsuit (Willamette Week, May 7, 2020)
  • 10 Oregon churches sue governor (OregonLive, May 7, 2020)
  • Oregon churches sue Gov. Brown to reopen (Fox 12, May 7, 2020)
  • Oregon businesses sue Gov. Kate (Statesman Journal, May 15, 2020)
  • Yes, some Oregon retail stores can open (KGW, May 14, 2020)
    • “All Oregon stores can open to shoppers again Friday, as long as they aren’t in a mall”
    •  “The declaration gives the green light to furniture stores, jewelry stores, boutiques and art galleries, which were closed March 23 by Gov. Brown’s stay-home order. It also includes all other standalone shops, from toy stores to bookstores to secondhand stores. Those were never technically ordered to close, state officials clarified Wednesday.”
Show 5-29 Convention of States

Show 5-29 Convention of States

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To download the show, right-click the mic, and then “Save Link As…” or use the handy player below

Guest: Michael Farris | Air Dates: July 18 & 19, 2015

Whether you’re mad at a Congress that stops nothing, or a president who thinks he can do anything or a Supreme Court that forgets everything about the Constitution, the thing that seems to unite all of us is that the federal government is divisive and out of control. If it is the nature of mankind and governments to gather more power, what can the States do about an out of control federal government that seems all too often to forget it is not an empire but a Republic?

Thankfully, our Founding Fathers provided a solution: a Convention of States.

Want to make this happen? Be sure to check out our guest post by Deborah Lee, Oregon State Director. Using Oregon as an example, she discusses how they’re using grassroots methods to make this happen and what you can do to get be a part of this.

Article V Convention of States

Do you remember hearing in high school about the checks and balances in our Constitution? Do you remember when was the last time you saw that actually happen? Article V of the U.S. Constitution provides a way out. Tune in this week to I Spy Radio to learn about the Constitutional power of a Convention of States (sometimes referred to as an “Article V Convention of States). From the Supreme Court doing constitutional gymnastics to keep Obamacare alive to rulings on gay marriage to the abuse of executive power to more than $100 trillion in federal debts and unfunded liabilities, this is a movement that is quickly gaining momentum.

We turn to Michael Farris, a Constitutional lawyer and scholar, who heads the Convention of States Project for Citizens for Self Governance. Tune in to hear: a brief primer on what a Convention of States is; the Constitutionality of a Convention of States and what it can do; the three distinct CoS movements; the difference between a Convention of States and an Assembly of States; and where the current CoS stands (who’s in and who’s not). We also answer the naysayers who claim proponents for a Convention of States are wrong on history and answer the doubters who claim a Convention of States will never happen, can’t or won’t work. Would a Convention of States open the doors to socialists who are salivating over the opportunity? We find out.

Links Mentioned

Further Reading