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The Misapplication of the 14th Amendment and its Relation to Leviathan

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Begin Mike Church Show Transcript

Damon: So about a month ago I was listening to another talk show, and they were talking about the Westboro Baptist Church thing. And I called in to tell them, look, the First Amendment says Congress shall make no law. It doesnt say anybody else, you know, states, municipalities, cities, et cetera. And he went on, and this is the same guy thatll sit there and preach to me about case law; right? Okay. So then he went on this diatribe, well, what if my local state in Ohio here or Pennsylvania decided they didnt want to listen to my show, then they could just take me off the air; okay?

And so two days ago another talk show in the afternoon, in the evening, he said he was a literalist, and he was all upset about some law where you couldnt put a bumper sticker or something on your car. And he called himself a, oh, Im paraphrasing, hes a literalist, he literally took every word of the Constitution for what it meant. And he didnt use the word literalist, but that doesnt matter. I cant remember the exact word he used. So I called him on it. I said, you know, the First Amendment says Congress shall make no law. They left that freedom up to the states and local municipalities, et cetera,whatever…

Mike: Thats correct.

Damon: …if somebody else wanted to make a law. So then he went on this big old thing, well, because of the Fourteenth Amendment, it incorporates that. And I was like, Im totally confused; you know? So Im like, okay. I told him, I said, I promise you, Ill go back and read the Fourteenth Amendment and see if it applies to canceling out the First Amendment, basically. And that, I didnt see anything in there…

Mike: Well, let me save you the let me save you the trouble of having to read any of that because it doesnt. Theres a book that was written about ten years ago, it was written by a gentleman by the name of Raoul Berger. Raoul Berger.

Damon: Im writing it down.

Mike: You can find it at Amazon. Ive got a really nice unabridged copy in hardback, cost me about 75 bucks. Its worth it, though. Raoul Berger…

Damon: And the name of the book?

Mike: Its called Government by Judiciary.

Damon: Okay.

Mike: And its all about this fake hobgoblin that has been erected here wherein the ratifiers and the framers of the Fourteenth Amendment set out to incorporate the Bill of Rights against the states. They knew that they could not do that. One part of the Constitution cannot annul another.

Damon: Right. If you want to get rid of it, you get rid of it, i.e.,Prohibition.

Mike: Well, then the Fourteenth Amendment would have to be ratified to have said that the prior ten amendments are now applicable to the state governments. It doesnt say that.

Damon: No, it doesnt even come close to saying it.

Mike: It says that the states must honor due process. Thats all itsays.

Damon: Thats right.

Mike: Slaves werent getting due process. Give them due process.

Damon: Well, Mike, these are all…

Mike: Wait, wait, hang on, hang on, Im on a roll.

Damon: Okay. Okay, go.

Mike: Give them due process under your laws. They are entitled to due process of the law, not the law of Congress, not the Bill of Rights. I mean, this is just look. The reason…

Damon: How do you get these conservative guys to understand this?

Mike: Because theyre not conservatives. Because theyre not conservatives, and they havent studied the damn issue. Its assimple…

Damon: And hypocritical, I mean, the one guy sits there…

Mike: Well, wait a minute, wait a minute. Even if…

Damon: …and hell argue against case law except…

Mike: Even if you want to say that the Fourteenth Amendment has language from the Fifth Amendment in it, which it does, and that, okay, well, then, part of the Fifth Amendment, then, well, then, thats the end of the story. Thats all that was ratified. So if you want to incorporate the Bill of Rights, which so many of you nitwits out there so desperately want to do, and you want to run around flailing the Bill of Rights in your hand, Ive got my constitutional rights, you have the constitutional rights of your state. Your state probably has some semblance of a First Amendment in it. Your state probably has some semblance of a Second Amendment. Your state, and I know this is true in Indiana, but they dont seem to care, has some semblance of the Fourth Amendment against illegal searches and seizures withoutwarrant.

So we already have these protections here. The purpose of the Bill of Rights and the first ten amendments was explicitly to limit the power of the federal government. End of story. I will suffer no fools and have no debate over this because its not necessary. All that one must do is just read the Preamble to the Bill of Rights. And if you dont believe that, well, then, go and get the journals of the Congress and go read the debates in the Congress over the language of the first ten amendments which came directly from the state of Virginia, from Patrick Henry, George Mason, and James Madison. Why did it come from Virginia? Because Virginia didnt want to ratify. They basically were hoodwinked into, okay, were going to give you some amendments, but youre going to have to ratify first.

Well, the first thing they said was we want further restrictions against what your new federal pet, your new monster can do to us. Thus the Bill of Rights. The Fourteenth Amendment was never even ratified. I mean, look, the same nitwits that claim that the Fourteenth Amendment cures cancer and permits abortions and homo marriages and whatever the hell else they dream up for it, seem to have forgotten that the Fourteenth Amendment was never legally ratified because you cant have a state ratify an amendment if theyre not a state. And the condition of readmission into the union was to ratify the Fourteenth. So it couldnt have been ratified.

Im sorry to get upset at you, Damon, but this just angers me. This is why the federal monster cannot be constrained, because people dont want to constrain it. They want the Constitution to be this living, breathing document that does all these marvelous things. It is simply a plan of government. It is not a charter of rights, and its not a charter sent from heaven, divinely inspired. It is how you consecrate and how you populate and how you build a three-branch system of government. Thats all it is. Thats all it is. Get the [bleep]

Incorporating the First Amendment

over it. Good grief. Oh, well, no, you cant take away my bumper sticker. I know my First Amendment. Well, if your states First Amendment says that, then no, you cant. But it doesnt have anything to do with the First Amendment. You should, if youre a constitutionalist, an originalist, you should be loathe to advocate the incorporation doctrine or the incorporation of the first ten amendments to be used as a club to bludgeon the states. As Patrick Henry said, States are the soul of a confederacy.

So dont be surprised that these people dont understand or know their history. And as far as case law goes, you know what I say to precedent? Screw precedent. Precedent is good for lawyers. Precedent should not apply in constitutional law. What ought to apply is the damn Constitution, not Judge Storys interpretation of it, not Judge Marshalls interpretation of it, not Judge Blackmun, not Judge Frankfurter, not Judge Oliver Wendell Holmes or Judge Burger or Judge Darth Vader Ginsburg or Judge Scalia. Doesnt matter. Original intention of the ratifiers. And if you dont like the ratifiers intent, well, then, g-darn it, propose an amendmen
t. We have an amendatory process, do we not?

End Mike Church Show Transcript

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Host of the Mike Church Show on The Veritas Radio Network's CRUSADE Channel & Founder of the Veritas Radio Network. Formerly, of Sirius/XM's Patriot channel 125. The show began in March of 2003 exclusively on Sirius and remains "the longest running radio talk show in satellite radio history".

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