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Mandeville, LA – Exclusive Transcript – Delegate Bob Marshall is on the Dude Maker Hotline with us.  As always, you dazzle me with your common sense.  This is the way the law ought to work, Bob.  We ought to be able to sit around a coffee shop and go well, the Assembly ought to do this.  Congress ought to do this.  It shouldn’t fall into the hands of allegedly legal scholars and advanced legal minds from Yale Harvard.  Check out today’s transcript for the rest….

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Begin Mike Church Show Transcript

Mike:  A [r]epublican in any man’s book, delegate Bob Marshall from the great State of Virginia.  Delegate Marshall, how are you my friend?

Bob Marshall:  Well, I’m awake at this time of the morning.

Mike:  For old guys like me, and young guys like you, that’s saying a lot, isn’t it?

Marshall:  It’s an accomplishment.

Bob:  I talked a little bit today – you probably heard a little bit about the last conversation, which doesn’t really apply to what you and I are going to talk about.  You have taken the lead in many issues in the State of Virginia and have tried to reignite that Patrick Henry and Thomas Jefferson flame of republicanism and to bring the government back down to the level where the people that actually employ delegates like you and send you to the assembly in Virginia can actually have some effect

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and can actually do what it is that’s beneficial and why you have government to begin with.  Lately we have this Supreme Court decision, this Obergefell decision on homosexual marriage.  I guess a constituent must have asked you, or maybe you did it of your own freewill, you decided to act and to try and stop these things, these marriages from taking place in Virginia.  Now you have another effort going on to blunt the effects of same-sex marriage.  You have a four-step plan that you’re trying to implement or trying to promote.  Why don’t you tell me a little bit about that?

Marshall:  Previously I was the author of the Virginia voter-approved Marriage Amendment.  Now, because the courts have decided that they can be basically standing constitutional conventions, five lawyers from Harvard and Yale have decided that people like Moses or Christ or Mother Teresa really didn’t get this thing straight, so we’re going to come and correct it.  What can be done by the congressional power of the purse is to blunt the effect of the Obergefell decision.  You say: How could you possibly do that?

First of all, the Constitution states: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”  Who makes the law?  Congress is supposed to make the laws.  They are involved in these appropriations.  We get in these fights every now and then up here about what can be funded or not funded.  James Madison, the father of the Constitution, the father of the Bill of Rights, stated in Federalist No. 58, “This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.”  If there’s no money to do something, no government agency or court is allowed to do it.

Right now, the congressional appropriations bill funding federal courts prohibits them from having receptions for judges that cost more than $10,000.  They already do encumber the expenditure of the judges.  Most people don’t think of judges walking up to the House and Senate and asking for money, but that’s precisely what they have to do to run the federal courts.  Now, has this happened in this past?  Yes.

In 1976, actually a friend of mine gave me a FOIA, Freedom of Information Act, showing that about 300,000 abortions have been done by the Department of Health.  I took this, told a friend of mine off the floor of the House of Representatives that I had worked with in a group called Young Americans for Freedom, former congressman Bob Bauman.  I explained to him what’s going on.  Most people didn’t even know that abortions were being funded by the federal government.  I said: We have to have an amendment under labor HHS, what was then HEW appropriations bill.  He looked at that and he says: There’s a freshman here who might be interested.  It turned out it was Henry Hyde.  About three weeks later, I saw a big splash article in the paper.  He put the amendment in, no money for abortion.

Now, the Vietnam War was ended by a cutoff of funding.  The anti-communist effort to overthrow the Communists in Angola in 1975 and ‘76 was banned by this.  Remember, Reagan had to deal with funds cutting off money to Contra rebels in Nicaragua in 1982.  So this power works.  No money, no action.  Is this constitutional to say either to a court decision that you can’t implement this?  The answer is yes.  President Jackson in his veto message in 1832 over the National Bank, he said, “The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities.”

All that has to happen is for members of Congress, and there are enough disaffected ones up there with Mr. Boehner pulling off his antics, to put amendments on the appropriation bills and say: You can’t have any money to compel military chaplains to perform same-sex weddings.  You can’t have any money to yank the tax status of churches which don’t do same-sex weddings.  You can’t have any money to federal marshals to implement court orders demanding that a state change the legal code from husband and wife to say spouse and spouse.  All that has to happen – this is always in short commodity – is for some congressmen to be able to do this.  If they’re willing to do it, and I think there are enough people that Boehner has annoyed and enough people who actually believe in this, we can have a fight on this question.

Mike:  You say – I’m just reading the press release from July 19 – congressional Defense of Marriage.  This is good stuff here.  I just want to make sure you’re not talking about B-1 Bob Dornan.  This is Bob Bauman?

Marshall:  Bob Bauman was a Republican congressman from southern Maryland.  I actually did work for B-1 Bob Dornan in 1979.  This is true.  In 1979, I devised an amendment for him because a lobbyist from the National Association of Evangelical Schools pointed out to us that the Carter Administration was trying to make private schools prove they were not racially discriminatory to keep their tax status, rather than the IRS prove that you are racially discriminatory and you lose your tax status.

One of the first set of schools that was really interested in this was the Missouri Synod Lutheran Schools.  Who was the senator at that time from Missouri?  Senator Eagleton.  I talked to Jack Clayton, the lobbyist, who went over to Senator Eagleton’s office.  I guess he talked to his chief of staff.  We pointed this out, how we can do this, and I devised this amendment for Bob Dornan specifying that the IRS ruling number, whatever it is, no money could be used to implement this ruling.  Eagleton bought on.  Dornan bought on.  We passed it.  Carter was stopped.  He couldn’t do this.  This is a very powerful tool.

If we don’t do this, we are sunk.  I’m not saying don’t pursue a constitutional amendment on marriage.  Mike, there’s only been four Supreme Court decisions since 1789 that have been reversed by constitutional amendments.  This is a way hard road to hoe.  If you start cutting this off, you then start separating the sheep and the goats out here real quick.  You also require presidential candidates to take positions.  Do you think money should be used to implement this decision to force a baker to bake a cake for someone who’s same-sex so-called marriage when it violates their conscience?  You can make these questions become public discussions in every coffee shop in the United States if you start doing this. [/private]

Bookmarks_Jefferson_TRILOGYMike:  That’s right, but you have to do it.  Delegate Bob Marshall is on the Dude Maker Hotline with us.  As always, you dazzle me with your common sense.  This is the way the law ought to work, Bob.  We ought to be able to sit around a coffee shop and go well, the Assembly ought to do this.  Congress ought to do this.  It shouldn’t fall into the hands of allegedly legal scholars and advanced legal minds from Yale Harvard.  I want to go back to something that you just said here.  By the way, I’ve always loved B-1 Bob.  I remember back in the day when he used to guest host for Rush back in the day.  Before I was a radio host, I was a radio show caller.  He was the first host I ever talked to.  He was so kind to me.  It was at the time when that horrible movie, that awful movie about JFK had come out by Oliver Stone.  Bob was having none of the conspiracy theory.  He asked me to go see it on his behalf and then call his office and give him a review.  I go way back would B-1 Bob.

I want to go back to something that you said about the appropriations.  I think this is important for every person listening to this broadcast right now to understand.  We’ve talked about this in the past, but you’ve just given me a little epiphany here to try and put this into action and explain this to everyone in a manner in which, number one, they can understand it, and number two, you can act upon it with your own member of Congress.  When you talked about the appropriation process and about how you were able to stop President Carter from doing what he was doing – we have these atrocities that are going on right now inside these Planned Parenthood clinics.  The Senate just had this vainglorious, and I think it was vainglorious, too much show and not enough action . . .

End Mike Church Show Transcript

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