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[00:00.000 --> 00:05.920]  I'm Dave Champion. With Joe Biden about to assume the presidency, there's great concern
[00:05.920 --> 00:10.640]  in a significant portion of the population that Joe Biden is going to order nationwide
[00:10.640 --> 00:24.840]  lockdowns and a national mask mandate. But is that true?
[00:24.840 --> 00:29.920]  I think one of the things that we have to do is separate campaign rhetoric from what
[00:29.920 --> 00:36.760]  somebody intends to do or has the authority to do. An example of that, going back to Donald
[00:36.760 --> 00:41.160]  Trump when he was campaigning, he said he was not going to approve the permits for the
[00:41.160 --> 00:46.280]  Keystone pipeline unless that company agreed in advance to build its pipeline with only
[00:46.280 --> 00:53.000]  U.S. manufactured steel. Of course, there's no provision in law for that, right? And eventually
[00:53.080 --> 00:57.480]  permits were approved and Keystone went on without making that commitment. Donald Trump
[00:57.480 --> 01:02.120]  also said before a group of law enforcement officers that he was going to use executive
[01:02.120 --> 01:08.200]  orders to create the death penalty for cop killers. Even the cops in the room were like,
[01:08.200 --> 01:13.400]  what? I guess they can't do that, right? So that was campaign rhetoric. Just if he could
[01:13.400 --> 01:18.600]  motivate somebody, somebody, a group of people to vote for him because he said this or such,
[01:18.600 --> 01:21.800]  that's all that really mattered, not whether he could actually do it.
[01:21.800 --> 01:26.200]  So Joe Biden, he's all about the mask. He's talking about the mask. Harris is talking
[01:26.200 --> 01:32.120]  about the masks and so forth. So of course, Biden was like religious about wearing a mask
[01:32.120 --> 01:43.160]  during the campaign. But we have to understand that the mask is a left leaning virtue signaling
[01:43.160 --> 01:48.920]  symbol. The mask to the left is an article of faith. It's got nothing to do with science,
[01:48.920 --> 01:52.200]  nothing to do with practicality, nothing to do with effectiveness or efficacy. None of that,
[01:52.200 --> 01:57.480]  right? It's just an article of faith. And Biden knew that just like Trump knew that by saying you
[01:57.480 --> 02:01.640]  have to use American steel, a bunch of people were like, yay. Well, Biden knows if he says,
[02:01.640 --> 02:06.440]  oh, you know, everybody has to wear a mask and there's the people who consider masks to be a
[02:06.440 --> 02:11.560]  political article of faith, they're going to be like, oh, that's our guy, which is entirely
[02:11.560 --> 02:15.480]  different from being able to actually do it once you raise your hand and take the oath.
[02:16.120 --> 02:22.440]  I think it was back in late March. I did a video in which I talked about the federal
[02:22.440 --> 02:28.280]  government's limited jurisdiction concerning communicable disease. There isn't any. Okay.
[02:29.000 --> 02:35.880]  So communicable disease is not one of the enumerated powers in the Constitution that
[02:35.880 --> 02:43.880]  the states granted to the federal government. So that has been reserved to the states. That
[02:43.880 --> 02:49.400]  elevates the bar dramatically for the federal government doing anything about communicable
[02:49.400 --> 02:55.720]  disease. So yes, way back then, I read through all of the federal statutes concerning communicable
[02:55.720 --> 03:00.440]  disease. It's a very convoluted process, but so I'm not going to reach all the statutes and I'm
[03:00.440 --> 03:06.040]  just going to shrink it down to the final point, and that is that the federal government's
[03:06.920 --> 03:11.640]  very limited authority over communicable disease isn't necessarily over communicable disease
[03:12.200 --> 03:19.400]  per se. It's got nothing to do with that. It's the euphemistically referred to interstate
[03:19.400 --> 03:23.880]  commerce authority granted to the federal government in the United States Constitution,
[03:23.880 --> 03:27.400]  granted to the government by the states, interstate commerce authority.
[03:28.360 --> 03:36.680]  There's been a huge expansion since, say, the 1930s in the use and application of the interstate
[03:36.680 --> 03:42.520]  commerce clause by Congress, and the Supreme Court has sanctioned a lot of interpretations
[03:42.520 --> 03:47.640]  for the interstate commerce clause that it should not have and expanded that power dramatically.
[03:47.640 --> 03:56.440]  However, there are absolute boundaries. So the idea that Joe Biden, once he's sworn in as president,
[03:56.520 --> 04:01.720]  is going to be able to initiate a nationwide mask order through some sort of executive order is
[04:01.720 --> 04:08.680]  pretty much zero. There is no provision in the United States Constitution as there is in many
[04:08.680 --> 04:15.320]  of the state statutes. There is nothing in the federal constitution, because remember,
[04:15.320 --> 04:19.480]  the federal government is a government of limited authority, and there's nothing in there that would
[04:19.480 --> 04:23.400]  allow Joe Biden to do what the governors have done. Say, I have emergency powers and then tell
[04:23.400 --> 04:28.360]  everybody in the world what to do. That doesn't exist at the federal level. So let me explain to
[04:28.360 --> 04:33.880]  you what the most is the federal government is allowed to do, and it's right there on statute.
[04:33.880 --> 04:39.800]  So what Congress, or perhaps in some bizarre world, Joe Biden, doesn't matter because they're
[04:39.800 --> 04:43.000]  all federal officials, right? Whether you're talking about Congress, whether you're talking
[04:43.000 --> 04:48.280]  about Biden, they're federal officials. They can only act within the enumerated powers of
[04:48.280 --> 04:54.600]  the Constitution. So based on the statutes that Congress has passed, the federal government can
[04:54.600 --> 05:03.640]  get involved with communicable disease if it is impacting interstate commerce. One of the things
[05:03.640 --> 05:09.640]  I said earlier on in another video months ago was that if the Trump administration wanted to
[05:09.640 --> 05:14.520]  intercede against some of the actions of the state governors, we could do it under the interstate
[05:14.520 --> 05:17.960]  commerce clause. You could say, look, you're crippling these shutdowns, these business
[05:17.960 --> 05:21.720]  shutdowns, these stay-at-home orders. You are crippling interstate commerce, and interstate
[05:21.720 --> 05:26.760]  commerce is a federal issue. So we have federal supremacy on that issue. That was one of the
[05:26.760 --> 05:30.200]  arguments I believe the Trump administration could have made, and for whatever reason,
[05:30.200 --> 05:36.440]  shows not to. Now, wearing masks is a whole different thing. So to say that that impacts
[05:36.440 --> 05:41.480]  interstate commerce, man, that would be an incredible reach, and I don't think there's a
[05:41.480 --> 05:45.240]  chance in hell that the federal courts are going to buy that. So what is the federal
[05:45.240 --> 05:51.800]  government's authority? Well, they can control movements between the states or regions. So,
[05:51.800 --> 05:57.400]  for instance, let's say a communicable disease was located in Louisiana, in New Orleans. That's
[05:57.400 --> 06:02.440]  where it would come in off of a ship, and in Louisiana, this communicable disease was killing
[06:02.440 --> 06:11.240]  thousands of people a day. Okay, so in that scenario, the federal government may have authority
[06:11.320 --> 06:17.400]  to close the borders around Louisiana, Mississippi, Arkansas, Texas, and say,
[06:17.400 --> 06:22.520]  sorry, no, if you're in Louisiana, you can't go out, and if you're in one of those surrounding
[06:22.520 --> 06:27.560]  states, you can't go in, because that is going to substantially affect interstate commerce.
[06:28.280 --> 06:32.920]  Perhaps the federal government would have the authority to do that under the Constitution and
[06:32.920 --> 06:38.040]  the statutes that Congress is enacting at this time. However, things like national stay-at-home
[06:38.040 --> 06:42.840]  orders, national shutdown orders, national mask mandates, yeah, you can forget all that.