Detecting language using up to the first 30 seconds. Use `--language` to specify the language Detected language: English [00:00.000 --> 00:02.400] Welcome back to the channel. [00:02.400 --> 00:06.800] As you probably know, the Supreme Court has overturned Roe v. Wade. [00:06.800 --> 00:13.400] Whether a person loves that decision or hates that decision, here's the thing. [00:13.400 --> 00:21.900] 99% of the American public has absolutely no idea about the legal framework or the legal realities, [00:21.900 --> 00:26.400] the precedents, and the issues that bore upon the court's decision. [00:26.400 --> 00:29.400] Even those that think they do, don't. [00:29.600 --> 00:34.000] And the reason for that is that the court has been more than a little cagey [00:34.000 --> 00:38.200] because complete transparency on the issue of the 14th Amendment [00:38.200 --> 00:43.000] has some landmines concerning full public disclosure. [00:43.000 --> 00:49.000] Today, I'm going to disclose for you what is hidden behind the Supreme Court's veil in the Dobbs case. [00:49.000 --> 00:57.500] I hope you'll stay with me because self-governance requires knowledge and insight and being informed, [00:57.500 --> 01:02.500] and not just at the superficial level they would like you to look at. [01:19.000 --> 01:25.000] Let's start with this. Roe v. Wade and Dobbs, the case that overturned Roe v. Wade, [01:25.000 --> 01:28.400] both turn on the 14th Amendment. [01:28.400 --> 01:32.300] So, quick, tell me what the 14th Amendment says. [01:32.300 --> 01:35.000] Tell me when it was enacted. Tell me upon whom it operates. [01:35.000 --> 01:37.300] Tell me upon whom it does not operate. [01:37.300 --> 01:40.100] All right, you see the problem. [01:40.100 --> 01:43.000] The entire case turns on the 14th Amendment, [01:43.000 --> 01:48.500] yet virtually no Americans really know anything about the 14th Amendment. [01:48.500 --> 01:54.100] In order to keep this video short, I'm going to give you a very skeletal outline of the 14th Amendment. [01:54.100 --> 02:01.400] At the end of the Civil War, the freed black slaves were not citizens. [02:01.400 --> 02:07.000] Despite what people think, the original citizenship in the United States [02:07.000 --> 02:11.400] came from citizenship within a state of the Union. [02:11.400 --> 02:17.100] Prior to the 14th Amendment, there was no such thing as a national or federal citizenship. [02:17.100 --> 02:25.100] So, the constitutions of the southern states did not permit blacks born into slavery to become citizens. [02:25.100 --> 02:29.000] And Vittel's law, which is the gold standard on all sorts of things, [02:29.000 --> 02:32.200] but we'll just call it international relations for the sake of this video, [02:32.200 --> 02:35.100] makes clear that people fall into one of two categories. [02:35.100 --> 02:38.600] A person is a citizen or an alien. [02:38.600 --> 02:44.700] So, the freed black slaves at the end of the Civil War were actually aliens upon the land of their birth. [02:44.700 --> 02:46.100] Now, you don't have to take my word for this. [02:46.100 --> 02:50.600] If you want to do all the hard work, you can go back and research the many things that were said [02:50.600 --> 02:56.300] by the people who were promoting and opposing the 14th Amendment back before it was ratified. [02:56.300 --> 03:00.000] Then you will see the core issue that the 14th Amendment was trying to address [03:00.000 --> 03:04.600] was that we had all these people who were born here, but yet once they were free, they were not citizens. [03:04.600 --> 03:07.900] So, they needed some form of citizenship. [03:07.900 --> 03:10.100] So, the 14th Amendment did that for them. [03:10.100 --> 03:16.400] Now, there's an important connoisseur note that I think it's significant in terms of the 14th Amendment. [03:16.400 --> 03:21.300] What the Supreme Court, way back right after the 14th Amendment was adopted, [03:21.300 --> 03:25.400] what the Supreme Court has said about the 14th Amendment, [03:25.400 --> 03:39.000] that it applied to blacks held in slavery that had become free and to their posterity. [03:39.000 --> 03:45.000] And then later the court said, as well as that category also, others similarly situated. [03:45.000 --> 03:50.200] But for the purpose of this presentation, the important thing it was blacks born into slavery, [03:50.200 --> 03:54.600] freed after the Civil War, and their posterity. [03:54.600 --> 03:58.800] The point of that is that the disability, being an alien in the land of their birth, [03:58.800 --> 04:02.600] would have been handed down from generation to generation. [04:02.600 --> 04:05.900] The 14th Amendment interceded in that. [04:05.900 --> 04:12.700] Here's another distinction between, I guess what we'll call, de jure state citizens, [04:12.700 --> 04:17.600] which historically meant white citizens of the states of the Union. [04:17.600 --> 04:20.700] They were not granted citizenship. [04:20.700 --> 04:22.000] Nobody gave them a citizenship. [04:22.000 --> 04:24.200] It was by virtue of their birth upon the land. [04:24.200 --> 04:30.200] And their unalienable rights went right along with that citizenship. [04:30.200 --> 04:33.300] So, when the states ratified the 14th Amendment, [04:33.400 --> 04:36.200] the 14th Amendment became part of the Constitution, [04:36.200 --> 04:43.000] the freed black slaves were now granted citizenship. [04:43.000 --> 04:45.700] So, what were their rights? [04:45.700 --> 04:47.200] Well, they got rights in two ways. [04:47.200 --> 04:51.200] One was Congress could grant them rights through a statute or statutes. [04:51.200 --> 04:52.900] In other words, Congress could pass a law saying, [04:52.900 --> 04:56.700] okay, all you people that we just made federal citizens, here's your rights, okay? [04:56.700 --> 05:00.200] The second way was by something called incorporation through the judicial branch. [05:00.200 --> 05:01.000] We'll get into that in a minute. [05:01.000 --> 05:04.000] But I want to stop and take a moment to talk about statutes. [05:04.000 --> 05:08.300] Because post 14th Amendment ratification, [05:08.300 --> 05:15.600] do you know how many statutes vest 14th Amendment citizens with rights? [05:15.600 --> 05:16.700] One. [05:16.700 --> 05:20.100] And I'm going to share with you what it says. [05:20.100 --> 05:25.200] This is Title 42, Section 1981. [05:25.200 --> 05:29.100] Statement of equal rights is the title, [05:29.100 --> 05:34.500] quote, all persons within the jurisdiction of the United States [05:34.500 --> 05:39.800] shall have the same right in every state and territory to make and enforce contracts, [05:39.800 --> 05:43.400] to sue, to be parties, give evidence, [05:43.400 --> 05:47.300] and to the full and equal benefit of all laws and proceedings [05:47.300 --> 05:54.100] for the security of persons and property as is enjoyed by white citizens [05:54.100 --> 06:00.000] and shall be subject to like, punishment, pains, penalties, taxes, [06:00.000 --> 06:06.000] licenses, and exactions of every kind and to no other. [06:06.000 --> 06:07.400] Close quote. [06:07.400 --> 06:11.000] That's a pretty scant list. [06:11.000 --> 06:14.000] So let's go through the main ones again. [06:14.000 --> 06:21.200] Make and enforce contracts, to sue, be parties, give evidence, [06:21.200 --> 06:23.900] and to the full and equal benefit of all laws and proceedings [06:23.900 --> 06:28.900] for the security of persons and property as is enjoyed by white citizens. [06:28.900 --> 06:34.400] So do you hear anything in there about rights like the right to remain silent, [06:34.400 --> 06:36.100] the right to freedom of association, [06:36.100 --> 06:38.700] the right to be free from unreasonable search and seizure, [06:38.700 --> 06:45.100] and a slew, a host of rights that were enjoyed by white citizens [06:45.100 --> 06:46.100] since the beginning of the country. [06:46.100 --> 06:48.600] You hear any of that in that statute? [06:48.600 --> 06:53.000] You might ask why in this statute all sorts of rights, [06:53.000 --> 06:54.800] at least the enumerated ones in the Bill of Rights [06:54.800 --> 06:58.300] that the American public enjoys and white citizens had enjoyed [06:58.300 --> 06:59.500] since the founding of this nation, [06:59.500 --> 07:05.900] why those rights were not listed in that statute Title 42, Section 1981. [07:05.900 --> 07:07.800] The reason is at the close of the Civil War, [07:07.800 --> 07:11.500] after the 13th Amendment and slavery was abolished, [07:11.500 --> 07:16.300] you'd have been hard-pressed to find a citizen, a white citizen, [07:16.300 --> 07:21.400] who believed that black people were equal to white people [07:21.400 --> 07:27.100] or that they deserve to be considered as equal before the law. [07:27.100 --> 07:32.300] Probably in the high 90 percentile of whites did not believe that at all. [07:32.300 --> 07:36.800] So why would all the rights that white people have [07:36.800 --> 07:39.100] be given to the freed black slaves? [07:39.100 --> 07:44.100] President Lincoln is often referred to as the great emancipator. [07:44.100 --> 07:52.300] But what did President Lincoln say about blacks and whites living together in society? [07:52.300 --> 07:54.400] Here's what he had to say, quote, [07:54.400 --> 08:00.600] I am not nor have I ever been in favor of bringing about in any way [08:00.600 --> 08:06.500] the social and political equality of the white and black races. [08:06.500 --> 08:13.000] I am not nor have I ever been in favor of making voters or jurors of Negroes, [08:13.000 --> 08:18.700] nor of qualifying them to hold office nor to intermarry with white people. [08:18.700 --> 08:22.500] And I will say in addition to this that there is a physical difference [08:22.500 --> 08:24.400] between the white and black races, [08:24.400 --> 08:29.100] which I believe will forever forbid the two races from living together [08:29.100 --> 08:32.900] on terms of social and political equality. [08:32.900 --> 08:38.200] And inasmuch as they cannot so live while they do remain together, [08:38.200 --> 08:41.900] there must be a position of superior and inferior. [08:41.900 --> 08:44.200] And I, as much as any other man, [08:44.200 --> 08:49.800] am in favor of having the superior position assigned to the white race. [08:49.800 --> 08:51.100] Close quote. [08:51.100 --> 08:52.900] To help you better understand the 14th Amendment, [08:52.900 --> 08:56.300] I'm going to put three links down in the show notes. [08:56.300 --> 09:00.300] The first one is to treat us on constitutions. [09:00.300 --> 09:02.300] The second one is on citizenship. [09:02.300 --> 09:05.400] And the third one is the 14th Amendment clarified. [09:05.400 --> 09:08.400] If you read the 14th Amendment clarified, you'll get the gist. [09:08.400 --> 09:11.600] But if you read them all, the citizenship, the Constitution, [09:11.600 --> 09:13.700] and then the 14th Amendment clarified, [09:13.700 --> 09:17.400] you will forever understand the true and actual meaning of the 14th Amendment. [09:17.400 --> 09:19.200] And nobody can ever, especially the government, [09:19.200 --> 09:21.800] can ever buffalo you on that again. [09:21.800 --> 09:26.700] So in terms of rights granted to 14th Amendment citizens by statute, [09:26.700 --> 09:29.500] we're done. 1981 is it. [09:29.500 --> 09:32.400] Well, until we get into the Civil Rights Act later. [09:32.400 --> 09:37.100] So as I said, the other way that 14th Amendment citizens have gotten rights [09:37.100 --> 09:40.800] is through something called the incorporation doctrine. [09:40.900 --> 09:45.100] And this is where the United States Supreme Court [09:45.100 --> 09:49.000] magically vests 14th Amendment citizens, [09:49.000 --> 09:51.900] grants 14th Amendment citizens certain rights. [09:51.900 --> 09:55.900] The incorporation doctrine is not supported by statute. [09:55.900 --> 09:59.900] This is something the judicial branch cooked up all on its own [09:59.900 --> 10:02.700] without any justification from we the people. [10:02.700 --> 10:04.800] And I don't say that to make the point that it's good or bad, [10:04.800 --> 10:05.800] the incorporation doctrine, [10:05.800 --> 10:09.900] merely to point out that it has no basis in law. [10:09.900 --> 10:12.600] A bunch of guys that were sitting on the federal courts [10:12.600 --> 10:14.500] decided on their own this is what should happen. [10:14.500 --> 10:18.700] And in 1925, they began the incorporation. [10:18.700 --> 10:20.700] So what is the incorporation doctrine? [10:20.700 --> 10:23.300] That is where the court in various cases, [10:23.300 --> 10:25.100] challenges that have come up through the states, [10:25.100 --> 10:27.300] through the federal courts, to the Supreme Court. [10:27.300 --> 10:31.400] The Supreme Court then takes enumerated rights [10:31.400 --> 10:34.800] that are in the Bill of Rights and says, [10:34.800 --> 10:38.800] okay, so this case was, as an example, freedom of speech. [10:38.800 --> 10:41.200] So it gets all the way to the Supreme Court [10:41.200 --> 10:43.000] and it involves a 14th Amendment citizen. [10:43.000 --> 10:43.900] We know who that is. [10:43.900 --> 10:45.700] That would be the freed black slaves [10:45.700 --> 10:47.000] who were aliens upon the land [10:47.000 --> 10:48.400] and then were vested with citizenship [10:48.400 --> 10:51.800] via the 14th Amendment and their posterity. [10:51.800 --> 10:55.800] So a 14th Amendment defendant appeals a case [10:55.800 --> 10:57.700] all the way to the United States Supreme Court. [10:57.700 --> 11:01.500] And so in that case, the United States Supreme Court [11:01.500 --> 11:06.700] rules for the 14th Amendment defendant and says, [11:06.700 --> 11:11.200] we hereby incorporate the First Amendment [11:11.200 --> 11:14.800] right of free speech into the 14th Amendment [11:14.800 --> 11:17.100] as against the states of the union. [11:17.100 --> 11:19.700] That's how incorporation is done. [11:19.700 --> 11:22.000] I wanna reiterate and emphasize [11:22.000 --> 11:23.900] that the incorporation doctrine [11:23.900 --> 11:28.900] only pertains to enumerated rights in the Bill of Rights. [11:29.800 --> 11:32.900] There's an important part, boundaries, if you will, [11:32.900 --> 11:36.600] of the court created, the judicial branch created, [11:36.700 --> 11:39.800] principle of incorporation. [11:39.800 --> 11:41.500] I should also point out that for, again, [11:41.500 --> 11:45.700] we'll use the term the original du jour white citizens, [11:45.700 --> 11:48.800] the Bill of Rights does not grant [11:48.800 --> 11:51.300] that class of person any rights. [11:51.300 --> 11:55.400] Those people were presumed to have those rights in place. [11:55.400 --> 11:57.100] Those rights came with their birth upon the land [11:57.100 --> 11:59.400] and they had those rights and their posterity [11:59.400 --> 12:02.100] had those rights since before the federal government [12:02.100 --> 12:03.700] was even formed. [12:03.700 --> 12:06.800] So the Bill of Rights doesn't grant the du jour, [12:06.800 --> 12:08.300] I hate to say this because it sounds racist, [12:08.300 --> 12:09.400] but historically it's accurate, [12:09.400 --> 12:11.600] the du jour white citizens, [12:11.600 --> 12:13.400] the Bill of Rights provides them with nothing. [12:13.400 --> 12:16.100] The Bill of Rights is, for them, [12:16.100 --> 12:20.000] a prohibition against action by the federal government. [12:20.000 --> 12:22.300] It doesn't grant anybody anything [12:22.300 --> 12:25.200] until the 14th Amendment came along [12:25.200 --> 12:29.300] and then the incorporation doctrine, [12:29.300 --> 12:30.700] whereby the court said, [12:30.700 --> 12:33.300] since these rights are enumerated, [12:33.300 --> 12:37.100] we're going to vest them over time [12:37.100 --> 12:39.200] in 14th Amendment citizens. [12:39.200 --> 12:42.400] Also, because this is 2022 and people are so emotional [12:42.400 --> 12:44.600] and make all sorts of bizarre accusations, [12:44.600 --> 12:46.900] I do want to clarify that because I'm laying out [12:46.900 --> 12:50.800] the historical, legal, and constitutional background [12:50.800 --> 12:54.100] and boundaries and history of the 14th Amendment, [12:54.100 --> 12:57.800] which does in its very nature involve du jour white citizens [12:57.800 --> 12:59.600] versus the freed black slaves [12:59.600 --> 13:02.000] who eventually became 14th Amendment citizens. [13:02.000 --> 13:06.700] In no way is that me expressing any racism. [13:06.700 --> 13:09.400] I'm just laying it out factually, historically [13:09.400 --> 13:12.000] as it went down. [13:12.000 --> 13:14.800] A moment ago, I mentioned that these rights [13:14.800 --> 13:19.800] were granted to 14th Amendment citizens slowly over time. [13:20.200 --> 13:24.700] So it may shock you to know [13:24.700 --> 13:28.500] that the right to keep and bear arms [13:28.600 --> 13:32.900] was not incorporated into the 14th Amendment [13:32.900 --> 13:37.800] until 2010 in the McDonald decision. [13:37.800 --> 13:41.000] So from the time 1868, [13:41.000 --> 13:44.200] the adoption of the 14th Amendment until 2010, [13:44.200 --> 13:48.700] 14th Amendment citizens in the states of the union [13:48.700 --> 13:51.600] did not have any federal protection [13:51.600 --> 13:53.300] concerning the right to bear arms. [13:53.300 --> 13:55.800] So if they don't have any federally protected right [13:55.800 --> 13:56.700] to keep and bear arms, [13:56.700 --> 13:59.100] they're a 14th Amendment citizen, a federal citizen. [13:59.100 --> 14:02.900] They didn't have any right to keep and bear arms at all [14:02.900 --> 14:05.500] until 2010. [14:05.500 --> 14:08.400] I find that just mind blowing. [14:08.400 --> 14:10.100] And you don't have to believe me. [14:10.100 --> 14:12.200] You can go back and read the McDonald case [14:12.200 --> 14:13.900] and you can see where the court talks about the fact [14:13.900 --> 14:17.300] that it is granting the 14th Amendment citizens [14:17.300 --> 14:18.900] the right to keep and bear arms [14:18.900 --> 14:21.700] by incorporating the second amendment into the 14th. [14:21.700 --> 14:23.500] You can go back and read it for yourself. [14:23.500 --> 14:25.700] Here's another shocker, 14th Amendment citizens [14:25.700 --> 14:29.100] in the United States did not have to have [14:29.100 --> 14:33.900] a unanimous verdict of a jury in a criminal case [14:33.900 --> 14:35.500] to be convicted. [14:36.900 --> 14:41.900] Until 2020, white people had to have [14:42.300 --> 14:44.800] a unanimous verdict of the jury, [14:44.800 --> 14:49.500] but not 14th Amendment citizens until 2020. [14:49.500 --> 14:51.600] Then there are the enumerated rights [14:51.600 --> 14:55.200] in the Bill of Rights that have still not been incorporated. [14:55.300 --> 14:59.200] One of them being that 14th Amendment citizens [14:59.200 --> 15:01.800] still do not have the same right [15:01.800 --> 15:04.400] as de jure white citizens in the States of the Union [15:04.400 --> 15:08.800] to have a civil case heard by a jury. [15:08.800 --> 15:11.600] There are some exceptions to having a jury in a civil trial, [15:11.600 --> 15:13.000] but that is in the Constitution. [15:13.000 --> 15:14.300] It is in the Bill of Rights. [15:14.300 --> 15:17.500] And in the overwhelming majority of civil actions, [15:17.500 --> 15:20.800] white de jure citizens are constitutionally entitled [15:20.800 --> 15:23.400] to a jury, where to this very day, [15:23.400 --> 15:26.300] 14th Amendment citizens aren't. [15:26.300 --> 15:29.000] Also the right not to be charged or prosecuted [15:29.000 --> 15:31.400] for a capital or infamous crime [15:31.400 --> 15:34.000] absent an indictment by a grand jury. [15:34.000 --> 15:36.000] That's a constitutional requirement [15:36.000 --> 15:38.000] for the states that actually have that requirement. [15:38.000 --> 15:39.100] Not all states do. [15:39.100 --> 15:41.100] But if a state has that requirement, [15:41.100 --> 15:44.900] then white people must be indicted by a grand jury [15:44.900 --> 15:47.400] in order to be charged and prosecuted. [15:47.400 --> 15:49.200] But to this day, that does not apply [15:49.200 --> 15:50.500] to 14th Amendment citizens. [15:50.500 --> 15:52.700] It has never yet been incorporated. [15:52.700 --> 15:55.000] There are a few more examples, but you get the point. [15:55.000 --> 15:57.200] I'm not going to waste any more of your time. [15:57.200 --> 15:59.300] It's now time, since you have a better understanding [15:59.300 --> 16:01.900] of the 14th Amendment, to discuss the 14th Amendment [16:01.900 --> 16:05.100] in terms of Roe v. Wade and then the Dobbs decision [16:05.100 --> 16:07.100] that overturned Roe v. Wade. [16:07.100 --> 16:10.900] We need to start with the fact that Roe, in her pleadings, [16:10.900 --> 16:14.700] represented herself as a 14th Amendment citizen. [16:14.700 --> 16:17.500] Now, question as to whether she actually was or was not, [16:17.500 --> 16:19.800] but that's not a judicial question [16:19.800 --> 16:22.300] because the state never challenged that. [16:22.300 --> 16:25.300] So by the time the case got to the Supreme Court, [16:25.300 --> 16:27.200] that was the basis. [16:27.200 --> 16:29.800] Her status as a 14th Amendment had not been challenged [16:29.800 --> 16:32.700] by the opposition, so the court took her claim [16:32.700 --> 16:35.800] of being a 14th Amendment citizen on face value, [16:35.800 --> 16:38.200] and the case proceeded on that basis. [16:38.200 --> 16:40.100] I think it's important to understand that [16:40.100 --> 16:44.400] because absent the assertion by Roe [16:44.400 --> 16:46.700] that she was a 14th Amendment citizen, [16:46.700 --> 16:49.700] the federal courts would have had zero jurisdiction [16:49.800 --> 16:52.700] to even hear that case, no less have it march its way [16:52.700 --> 16:53.600] on up to the Supreme Court [16:53.600 --> 16:55.700] and have the Supreme Court rule on it. [16:55.700 --> 16:57.900] So at this juncture, we need to quickly review [16:57.900 --> 17:01.000] the two ways that a 14th Amendment citizen can get rights. [17:01.000 --> 17:03.200] Number one, by statute, we already covered that, [17:03.200 --> 17:08.200] was Title 42, Section 1981, and later, Civil Rights Acts. [17:08.700 --> 17:13.200] But there is nothing in any of those statutes [17:13.200 --> 17:14.700] about abortion. [17:14.700 --> 17:17.400] The other way 14th Amendment citizens to get rights [17:17.400 --> 17:19.500] is through, as we discussed, the incorporation doctrine [17:19.500 --> 17:23.400] and that only applies to enumerated rights [17:23.400 --> 17:24.400] in the Bill of Rights, [17:24.400 --> 17:27.800] and of course, abortion isn't mentioned. [17:27.800 --> 17:32.600] So now we get into what the Dobbs decision [17:32.600 --> 17:36.500] that overturned Roe was really all about. [17:36.500 --> 17:38.400] Let's start with this. [17:38.400 --> 17:41.500] There has never been a Supreme Court decision [17:41.500 --> 17:44.700] that incorporated the Ninth Amendment, [17:44.700 --> 17:47.800] which deals with non-enumerated rights, [17:47.900 --> 17:50.400] has never incorporated that into the 14th Amendment, [17:50.400 --> 17:53.700] and my estimation never, ever will. [17:53.700 --> 17:55.100] But the important thing is, [17:55.100 --> 17:59.300] at the time that Roe was being heard and decided, [17:59.300 --> 18:01.500] the Ninth Amendment had not been incorporated [18:01.500 --> 18:04.200] by the Supreme Court into the 14th Amendment. [18:04.200 --> 18:07.900] Yet, when you read the Roe decision, [18:07.900 --> 18:11.200] you find that the justice is the majority. [18:11.200 --> 18:14.600] They found a woman's right to make a decision [18:14.600 --> 18:16.400] concerning an abortion or not an abortion, [18:16.400 --> 18:19.200] continuing her pregnancy or not continuing her pregnancy, [18:19.200 --> 18:22.100] was found in the Ninth Amendment. [18:22.100 --> 18:26.100] So Roe is a 14th Amendment citizen [18:26.100 --> 18:29.100] who only gets rights through statutes passed by Congress [18:29.100 --> 18:33.000] or the judicial branch through the incorporation doctrine. [18:33.000 --> 18:37.600] So there was no statute granting 14th Amendment citizens [18:37.600 --> 18:42.300] any rights that could possibly be found in this, [18:42.300 --> 18:43.800] what would be hundreds and hundreds and hundreds [18:43.800 --> 18:46.700] of non-enumerated rights under the umbrella [18:46.700 --> 18:48.500] of the Ninth Amendment, nor had the Ninth Amendment [18:48.500 --> 18:52.700] been incorporated by prior decisions of the Supreme Court. [18:52.700 --> 18:57.300] Yet, that's where the justices found the right. [18:57.300 --> 19:01.800] Are we seeing a structural constitutional flaw? [19:01.800 --> 19:04.800] The second issue, and by far I think the more important, [19:04.800 --> 19:07.200] is that the incorporation doctrine [19:07.200 --> 19:12.000] only applies to enumerated rights, [19:12.000 --> 19:15.100] and the majority in Roe had looked to the Ninth Amendment, [19:15.100 --> 19:19.600] which is an umbrella over non-enumerated rights. [19:19.600 --> 19:21.800] So if the incorporation doctrine [19:21.800 --> 19:24.300] only pertains to enumerated rights, [19:24.300 --> 19:28.100] and the majority had looked at non-enumerated rights [19:28.100 --> 19:33.600] and acted as if this non-enumerated right [19:33.600 --> 19:36.300] had been incorporated into the 14th, [19:36.300 --> 19:39.400] there's another constitutional structural problem [19:39.400 --> 19:40.900] in the Roe decision. [19:40.900 --> 19:44.600] Now, the Roe majority may have felt [19:44.600 --> 19:49.200] that they impliedly were incorporating [19:49.200 --> 19:51.800] the right of a woman to choose to continue her pregnancy [19:51.800 --> 19:55.600] or not by saying it's a right in the decision. [19:55.600 --> 19:58.700] They were impliedly incorporating it, [19:58.700 --> 20:01.800] but there's a couple structural problems with that. [20:01.800 --> 20:03.500] Number one, they did not say that. [20:03.500 --> 20:05.300] They did not come out and say [20:05.300 --> 20:09.000] they were incorporating that right into the 14th Amendment. [20:09.000 --> 20:10.800] They did not plainly state that. [20:10.800 --> 20:12.000] And of course, the other structural problem [20:12.000 --> 20:13.100] we've already discussed, [20:13.100 --> 20:17.100] the incorporation doctrine only applies to enumerated rights, [20:17.100 --> 20:19.600] which is probably why they didn't come out [20:19.600 --> 20:22.400] and publicly say in the decision [20:22.400 --> 20:25.400] they were incorporating it into the 14th, [20:25.400 --> 20:26.500] because they couldn't. [20:26.500 --> 20:29.300] It's not an enumerated right in the Bill of Rights. [20:29.300 --> 20:32.100] So in the Dobbs decision, when Kavanaugh wrote these words, [20:32.100 --> 20:36.200] quote, the prior decision, speaking of Roe, [20:36.200 --> 20:41.200] is not just wrong, but is egregiously wrong. [20:42.100 --> 20:44.500] Now you understand what he was talking about. [20:44.500 --> 20:46.500] These are the structural issues [20:46.500 --> 20:48.400] concerning the incorporation doctrine, [20:48.400 --> 20:50.900] the 9th Amendment and statutory granting of rights [20:50.900 --> 20:52.800] to 14th Amendment citizens, blah, blah, blah. [20:52.800 --> 20:57.800] This whole scene, Roe did not comport itself [20:58.500 --> 21:03.500] with those standards, which as we see here in 2022, [21:04.500 --> 21:09.500] left the door open for Dobbs to come along and overrule it. [21:10.000 --> 21:12.900] I am not going to share with you my opinion [21:12.900 --> 21:16.000] of whether a woman should be allowed, [21:16.000 --> 21:17.300] I'm not gonna use the word right, [21:17.300 --> 21:20.000] should be allowed to be the one who makes the decision [21:20.000 --> 21:21.300] about whether or not to have an abortion [21:21.300 --> 21:24.300] rather than the body politic restricting her [21:24.300 --> 21:25.800] from that decision by law. [21:25.800 --> 21:28.100] I'm not gonna share my opinion with you about that. [21:28.100 --> 21:29.700] I'm sure you have your own. [21:29.700 --> 21:31.300] But what I am going to tell you [21:31.300 --> 21:36.300] is that purely on a legal and constitutional basis, [21:37.000 --> 21:42.000] I agree with Dobbs that Roe was structurally [21:42.100 --> 21:45.500] and constitutionally unsound. [21:45.500 --> 21:50.100] And that presented some serious real world problems [21:50.100 --> 21:55.100] moving forward if it was allowed to stand as a true precedent [21:55.100 --> 21:59.000] concerning how the court had fashioned its decision. [21:59.000 --> 22:03.000] So for the sake of correcting those structural deficiencies [22:03.000 --> 22:04.900] so that the court can move forward [22:04.900 --> 22:09.900] without those errors being enshrined as judicial precedent, [22:09.900 --> 22:13.500] in that regard, I support the outcome of Dobbs. [22:13.500 --> 22:15.800] Now that we understand both the 14th Amendment [22:15.800 --> 22:18.600] and the logic of Roe and the reasoning of Dobbs, [22:18.600 --> 22:20.700] let's take a moment and talk about what the implications [22:20.700 --> 22:22.900] of Dobbs might be in the future. [22:22.900 --> 22:25.700] Just a couple of cases that I think are illustrative [22:25.800 --> 22:29.900] of what I'm gonna call it the Dobbs test [22:29.900 --> 22:31.500] for the sake of this presentation. [22:31.500 --> 22:34.800] In other words, was the right granted by statute [22:34.800 --> 22:37.600] or is it an enumerated right incorporated [22:37.600 --> 22:39.500] via the incorporation doctrine? [22:39.500 --> 22:42.600] I'm gonna call that the Dobbs test. [22:42.600 --> 22:46.400] So if we look at Obergefell 2015, I believe, [22:47.400 --> 22:49.400] which is where the court said that homosexuals [22:49.400 --> 22:52.400] have a constitutional right under the 14th Amendment [22:52.400 --> 22:56.200] to marry, same sex marriage. [22:57.300 --> 23:02.100] Well, has Congress granted that in a statute? [23:02.100 --> 23:03.500] It has not. [23:03.500 --> 23:05.700] Is that an enumerated right in the Bill of Rights? [23:05.700 --> 23:08.000] No, it's not. [23:08.000 --> 23:12.900] So you see, Obergefell is vulnerable to being reversed [23:12.900 --> 23:15.800] by the Supreme Court under the Dobbs test. [23:15.800 --> 23:19.800] How about Loving v. Virginia, 1967? [23:19.800 --> 23:21.500] That was where the Supreme Court said [23:21.500 --> 23:25.100] black people have a constitutional protected right [23:25.100 --> 23:27.300] under the authority of the 14th Amendment [23:27.300 --> 23:30.300] to marry white people in a racial marriage [23:30.300 --> 23:32.800] protected by the 14th Amendment. [23:32.800 --> 23:36.900] So has Congress in its statutes granted the right [23:36.900 --> 23:40.500] to 14th Amendment citizens to marry white people? [23:40.500 --> 23:41.700] It is not. [23:41.700 --> 23:45.300] Is marriage an enumerated right in the Bill of Rights? [23:45.300 --> 23:46.600] It is not. [23:46.600 --> 23:50.100] So you can see Loving v. Virginia is vulnerable [23:50.100 --> 23:53.200] to being overturned using the Dobbs test. [23:53.200 --> 23:56.100] How about the famous Brown v. Board of Education [23:56.100 --> 24:00.800] from 1954, which is where the Supreme Court said [24:00.800 --> 24:05.000] that black students have a constitutionally protected right [24:05.000 --> 24:08.600] under the 14th Amendment not to be segregated [24:08.600 --> 24:10.400] when they go to public school. [24:10.400 --> 24:14.500] So did Congress pass a statute vesting that right [24:14.500 --> 24:17.100] in citizens, 14th Amendment citizens? [24:17.100 --> 24:18.100] No. [24:18.100 --> 24:20.600] Is that an enumerated right in the Bill of Rights? [24:20.600 --> 24:22.100] No. [24:22.100 --> 24:25.600] So we can go all the way back to Brown v. Board of Education [24:25.600 --> 24:29.300] and see that it is vulnerable to reversal [24:29.300 --> 24:33.100] by the United States Supreme Court under the Dobbs test. [24:33.100 --> 24:35.600] And I'm not saying it's going to happen, [24:35.600 --> 24:37.000] but clearly vulnerable. [24:37.000 --> 24:40.100] And if you consider the test valid, [24:40.100 --> 24:42.700] then Brown would have to be reversed. [24:42.700 --> 24:46.900] And if Brown is reversed, then you're back to Plessy v. Ferguson, [24:46.900 --> 24:53.400] 1896, the reprehensible separate but equal doctrine, [24:53.400 --> 24:55.700] which that decision by the Supreme Court [24:55.700 --> 24:58.600] was an absurdity on its face the moment it was pronounced. [24:58.600 --> 25:00.700] Because, of course, everybody in the entire country, [25:00.700 --> 25:03.000] including the justices, knew that in states [25:03.000 --> 25:04.700] that engaged in segregation, there [25:04.700 --> 25:09.000] was no equality once the races were separated. [25:09.000 --> 25:11.600] Black schools did not get a fraction of the money [25:11.600 --> 25:12.800] that white schools did. [25:12.800 --> 25:14.100] Same thing with hospitals. [25:14.100 --> 25:16.700] So it was just a travesty. [25:16.700 --> 25:19.500] And Brown overruled Plessy. [25:19.500 --> 25:24.400] So if Brown goes away, then we're left with Plessy. [25:24.400 --> 25:27.900] We're back to Plessy again, separate but equal. [25:27.900 --> 25:33.600] I should also point out that under the Dobbs test, [25:33.600 --> 25:36.900] there is nothing stopping the states [25:36.900 --> 25:41.700] from enacting the 21st century version of Jim Crow laws. [25:41.700 --> 25:42.400] Nothing. [25:43.400 --> 25:45.400] We really thought we were done with Jim Crow laws. [25:45.400 --> 25:48.500] But under the Dobbs test, there is no federal protection [25:48.500 --> 25:51.000] under the 14th Amendment for 14th Amendment citizens [25:51.000 --> 25:55.000] whose rights are grossly violated by Jim Crow laws. [25:55.000 --> 25:57.400] And by that, I mean natural rights, not the kind of rights [25:57.400 --> 25:59.200] that the 14th Amendment confers on them. [25:59.200 --> 26:01.000] I'm talking about rights in a moral sense. [26:01.000 --> 26:02.700] There's absolutely no protection for that [26:02.700 --> 26:05.900] under the 14th Amendment if you apply the Dobbs test. [26:05.900 --> 26:09.600] I should also point out that a state can infringe on your [26:10.500 --> 26:12.700] just as easily as the federal government can. [26:12.700 --> 26:15.700] And as a matter of fact, James Madison was far more concerned [26:15.700 --> 26:18.400] about what he called regional governments, [26:18.400 --> 26:20.900] which we might call today states of the union. [26:20.900 --> 26:23.600] He was far more concerned about regional governments [26:23.600 --> 26:27.800] and local governments oppressing the rights of the people. [26:27.800 --> 26:29.800] He had very little concern about the federal government [26:29.800 --> 26:33.000] doing that, but he was confident most of the oppression [26:33.000 --> 26:35.400] of people's natural rights would come from regional [26:35.400 --> 26:37.200] and local governments. [26:37.200 --> 26:39.200] So it's important to understand, I think, [26:39.300 --> 26:42.500] that the states' rights issue can be a double-edged sword. [26:42.500 --> 26:44.400] I understand why a lot of people support states' rights, [26:44.400 --> 26:45.700] as do I. [26:45.700 --> 26:48.100] However, I also recognize the double-edged sword. [26:48.100 --> 26:49.300] The double-edged sword is this. [26:49.300 --> 26:52.300] Let's imagine we're going to talk about [26:52.300 --> 26:53.800] anti-gun in California. [26:53.800 --> 26:55.500] We know California is very leftist [26:55.500 --> 26:59.300] and just really has a hatred for guns. [26:59.300 --> 27:03.100] So let's say a person has the right to keep and bear arms [27:03.100 --> 27:05.300] seriously infringed by the California government, [27:05.300 --> 27:08.500] and so that person files suit in a state court. [27:09.400 --> 27:12.100] Because the person knows they're a white-dissue citizen, [27:12.100 --> 27:14.100] knows they are not a 14th Amendment citizen, [27:14.100 --> 27:16.400] does not put in the filing that they are [27:16.400 --> 27:17.700] a 14th Amendment citizen. [27:17.700 --> 27:19.400] So it goes through the California court system, [27:19.400 --> 27:21.200] gets up to the California Supreme Court. [27:21.200 --> 27:23.700] The California Supreme Court says, [27:23.700 --> 27:27.800] we say it's fine to seriously infringe on your right [27:27.800 --> 27:29.000] to keep and bear arms, [27:29.000 --> 27:31.300] and there's nothing you can do about it. [27:31.300 --> 27:32.800] The way the landscape has worked, say, [27:32.800 --> 27:34.500] in the last 20 or 30 years, [27:34.600 --> 27:37.000] the plaintiff would simply appeal to the federal courts [27:37.000 --> 27:39.200] and maybe it would end up at the Supreme Court. [27:39.200 --> 27:40.700] But here's the thing. [27:40.700 --> 27:45.700] Absent the assertion of being a 14th Amendment citizen, [27:47.400 --> 27:49.200] you just have to live with whatever [27:49.200 --> 27:50.500] the California Supreme Court says [27:50.500 --> 27:53.300] because the federal courts have no jurisdiction. [27:53.300 --> 27:54.800] For the federal courts to hear something, [27:54.800 --> 27:57.800] there has to be a federal issue. [27:57.800 --> 28:00.100] And since the Second Amendment doesn't grant [28:00.100 --> 28:01.500] to your white people anything, [28:01.500 --> 28:04.500] it only grants that to 14th Amendment citizens, [28:04.500 --> 28:06.900] a case that's decided by the California Supreme Court [28:06.900 --> 28:08.400] against the right to keep and bear arms [28:08.400 --> 28:10.900] when the defendant has not claimed to be a 14th Amendment, [28:10.900 --> 28:13.200] the federal courts would have absolutely no jurisdiction [28:13.200 --> 28:15.500] to hear that, so you'd have to live [28:15.500 --> 28:18.400] with the California Supreme Court's decision. [28:18.400 --> 28:19.800] What would your options be at that point? [28:19.800 --> 28:21.300] Well, number one is live with it. [28:21.300 --> 28:23.700] Number two is vote with your feet, [28:23.700 --> 28:25.400] move to another state. [28:25.400 --> 28:27.700] I did exactly that. [28:27.700 --> 28:29.900] I always carry a concealed firearm. [28:29.900 --> 28:34.600] And California, up until the Bruin decision [28:34.600 --> 28:39.000] just several days ago, California had a May issue [28:39.000 --> 28:40.400] concealed carry permit system. [28:40.400 --> 28:44.300] In other words, you have to give them your good cause, [28:44.300 --> 28:46.800] why you feel you're justified. [28:46.800 --> 28:50.400] And then they just make an arbitrary whimsical decision [28:50.400 --> 28:53.300] on whether they think you in fact do have good cause. [28:53.300 --> 28:55.300] So I lived in LA County at the time [28:55.300 --> 28:58.100] and they don't issue CCWs unless you're something [28:58.100 --> 29:00.700] like a diamond merchant or you judge [29:00.700 --> 29:03.100] or you donate $10,000 to the sheriff's campaign. [29:03.100 --> 29:05.100] Other than that, you're not getting a CCW [29:05.100 --> 29:07.000] in Los Angeles County. [29:07.000 --> 29:10.000] So every single day when I left the house, [29:10.000 --> 29:13.500] I could be prosecuted criminally [29:13.500 --> 29:18.500] for exercising a constitutional right. [29:18.700 --> 29:22.100] So, because back in 2005 or 2006, [29:22.100 --> 29:24.600] when I first started to think I need to get out of this state, [29:24.600 --> 29:27.400] the Supreme Court had not yet issued the Heller decision, [29:27.400 --> 29:30.000] the McDonald decision, so I voted with my feet [29:30.000 --> 29:31.100] and I got the hell out of California [29:31.100 --> 29:33.900] and I came to Nevada, a state where, [29:33.900 --> 29:35.600] when I carry concealed, [29:35.600 --> 29:38.100] unfortunately with a concealed carry permit, [29:38.100 --> 29:39.600] nevertheless, when I carry concealed, [29:39.600 --> 29:41.900] I can't be prosecuted criminally [29:41.900 --> 29:44.200] for exercising a constitutional right [29:44.200 --> 29:47.300] as I could have been in California. [29:47.300 --> 29:50.300] The few expositors who are talking publicly [29:50.300 --> 29:52.100] about the kind of things we've talked about today, [29:52.100 --> 29:54.300] they're saying, oh, the idea that the Supreme Court [29:54.300 --> 29:55.700] is gonna overturn Obergefell [29:55.800 --> 29:59.200] or overturn Loving or overturn Brown v. Board of Education. [29:59.200 --> 30:01.600] No, the Supreme Court isn't gonna do that. [30:03.200 --> 30:04.300] Okay, here's the thing. [30:05.200 --> 30:10.200] If people file suit to challenge those decisions [30:10.800 --> 30:13.600] and many others, such as the 14th Amendment [30:13.600 --> 30:16.800] protected right for contraception, [30:16.800 --> 30:21.000] and those cases do get to the United States Supreme Court, [30:22.000 --> 30:26.300] I don't see a way for the court to repudiate the Dobbs test. [30:26.300 --> 30:29.500] It's the entire basis of Dobbs which overturned Roe. [30:29.500 --> 30:32.800] So if the reasoning in Dobbs overturned Roe, [30:32.800 --> 30:35.000] then the reasoning in Dobbs must overturn [30:35.000 --> 30:36.900] all these other cases that we've talked about. [30:36.900 --> 30:38.900] I don't see a way for the court to get around that. [30:38.900 --> 30:40.400] So when people say, oh, that's never gonna happen, [30:40.400 --> 30:42.800] yeah, how would that not happen? [30:42.800 --> 30:46.700] If you appreciate this sort of insightful legal analysis, [30:46.700 --> 30:50.400] I wanna encourage you to run over to DrReality.News [30:50.500 --> 30:52.900] by doing so you'll help me and you'll help yourself [30:52.900 --> 30:55.000] and pick yourself up a copy of [30:55.000 --> 30:58.200] income tax shattering the myths. [30:58.200 --> 31:00.700] Just as I reveal here to you today, [31:00.700 --> 31:04.900] things you probably haven't heard discussed anywhere [31:04.900 --> 31:06.700] concerning Roe or Dobbs. [31:06.700 --> 31:08.600] They are the critical and pivotal issues [31:08.600 --> 31:09.800] that decided both. [31:09.800 --> 31:11.900] Likewise, in income tax shattering the myths, [31:11.900 --> 31:15.100] I break down the income tax laws [31:15.100 --> 31:18.200] in an easy to understand manner [31:18.200 --> 31:23.200] and show you beyond any doubt whatsoever, [31:23.800 --> 31:27.600] I prove that Congress has never imposed the income tax [31:27.600 --> 31:29.300] on the ordinary American who gets up, [31:29.300 --> 31:31.000] has a cup of coffee, gets the kids off to school [31:31.000 --> 31:33.700] and goes to work and collects their pay. [31:33.700 --> 31:36.800] That person has never had the income tax imposed [31:36.800 --> 31:38.400] on them by Congress. [31:38.400 --> 31:41.300] And the only reason that you probably think [31:41.300 --> 31:45.600] that Congress has imposed the income tax on people like you [31:45.600 --> 31:49.200] is because you don't know what the law really says, [31:49.200 --> 31:51.300] just like you didn't know about Roe and Dobbs [31:51.300 --> 31:52.700] until we talked today. [31:52.700 --> 31:54.400] So whether you choose to, [31:54.400 --> 31:56.100] when you find out the truth about the income tax, [31:56.100 --> 32:00.400] whether you intend to do something about it or not, [32:00.400 --> 32:03.400] Jefferson said, and I'm paraphrasing, [32:03.400 --> 32:07.100] people who wish to be ignorant and free [32:07.100 --> 32:11.700] want something that never has been and never will be. [32:11.700 --> 32:13.700] You cannot be free and ignorant. [32:13.700 --> 32:17.200] So I want to encourage you to go to drreality.news, [32:17.200 --> 32:18.700] grab a copy of Income Tax Shattering, [32:18.700 --> 32:20.400] unless you do have my word [32:20.400 --> 32:24.000] that it will be the most fascinating book of its type [32:24.000 --> 32:26.800] you have ever read in your life. [32:26.800 --> 32:29.600] And while you're there, pick up a copy of Body Science. [32:29.600 --> 32:30.900] I'm not gonna go into big explanation. [32:30.900 --> 32:32.500] I'll simply say I do the same thing [32:32.500 --> 32:34.900] concerning human physiology [32:34.900 --> 32:37.500] with a strong emphasis on nutritional physiology. [32:37.500 --> 32:40.600] And I point out all of the lies and subterfuge [32:40.600 --> 32:42.500] of the establishment over the last 60 years [32:42.500 --> 32:43.800] that has made the United States [32:43.800 --> 32:47.200] the most chronically ill society in the history of mankind [32:47.200 --> 32:49.400] despite our wealth and our science and our technology [32:49.400 --> 32:50.500] and our medical industry. [32:50.500 --> 32:51.900] We are the most chronically ill society [32:51.900 --> 32:52.900] in all of human history. [32:52.900 --> 32:55.800] And it's because of the sophistry, [32:55.800 --> 32:57.600] the lies over the last 60 years. [32:57.600 --> 33:00.000] And I said all that straight in Body Science. [33:00.000 --> 33:02.500] Not only will this help you, you can be incredibly healthy. [33:02.500 --> 33:05.700] You can keep the property that's always been your own. [33:05.700 --> 33:06.600] It was only taken from you [33:06.600 --> 33:08.800] because you bought the end of the lie. [33:08.800 --> 33:10.700] Not only that, but she'll help me [33:10.700 --> 33:13.300] to continue to be here for you. [33:13.300 --> 33:14.140] Thanks.