May 22, 2023 - Lionel Nation
15:09
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| Time | Text |
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| I'm going to start off by saying this very carefully. | |
| And I trust that you will understand the spirit. | |
| The purpose of this discussion is to focus on a dissent, a dissent given by Justice Gorsuch in the case of Arizona against Mayorkas. | |
| And it is not a discussion on COVID per se. | |
| SARS-CoV-2, COVID vaccines, the efficacy of vaccines, the... | |
| No, no, no, no, no, no. | |
| Because this requires you to zero in and to surgically focus, again that word, on the particular issue at hand. | |
| Alright? | |
| I know you can do that. | |
| This is a very important issue which is tangential to, and I would also say, A very significant part of concomitantly to this particular issue. | |
| And it deals with the biomedical, what some might call martial law, the limits to which the government can limit, can restrict individual behavior and the like, pursuant to claims of some type of medical or biomedical... | |
| We're going to be discussing this. | |
| But before I begin, let me just tell you right now. | |
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| My friends, I have now been a lawyer. | |
| This is actually my 35th year. | |
| Does that make any sense? | |
| Does that make sense? | |
| Yes, it does. | |
| And I have been No, actually, 40 years. | |
| What am I saying? | |
| 35th. | |
| Dear God. | |
| It's 40. I don't care. | |
| I like age. | |
| So during the course of this, I've been trying my best through all of these various iterations of my life to try and explain to people This beautiful thing called the Constitution. | |
| And this wonderful, I keep it right here, this wonderful, weathered, dog-eared, with all of my little I voted stickers in the back, but this is what it is all about. | |
| And during the course of SARS-CoV-2 and the pandemic, there were some interesting civil libertarian issues that I Wanted to discuss and wanted you to discuss and understand as well. | |
| And I want you to be able to critically think. | |
| And these are merely my attempts to provide for you the chance to start your own autodidact intellectual venture to find out for yourself what and how this works. | |
| The case that was the most important was a case of Jacobson against Massachusetts. | |
| 1905. | |
| And there was a fellow, Jacobson, who did not object to the smallpox vaccine for religious reasons but because he had already received the vaccine when he was six and he thought it was a very negative reaction and he resisted it. | |
| The Supreme Court said specifically, and this is very critical, the Supreme Court said, as you can imagine, that in some cases, yes, it says a state may enact a compulsory vaccination law since the legislature has the discretion to decide whether vaccination is the best way to prevent smallpox and protect public health. | |
| The legislature may exempt children from the law without violating the equal protection rights of adults if the law applies equally among adults. | |
| This is Jacobson against Massachusetts, 1905. | |
| Now, as that may seem to be well-settled law, it is anything but. | |
| It is not, because since 1905, we have had a multiplicity of additions to our... | |
| Pardon me. | |
| To our American jurisprudence, up to and including the extensions of individual rights to states via the Incorporation by Reference Doctrine, which I'm going to have to explain to you, additional pieces of legislation, Civil Rights Act, all kinds of health statutes, which were not in existence in 1905 and which give a better, more of a more fine-tuned approach to this. | |
| What is important to recognize is that I can tell you right now, without any hesitation, that it is completely consistent within the 5th and 14th Amendment of the Constitution that so long as, as you know this, life, liberty, and property may be deprived so long as there's due process and procedures accorded and afforded. | |
| This will be a liberty interest. | |
| You could say that you're, let's say, forced either restriction of movement, mandatory vaccination, all of those aspects certainly would be of liberty interest. | |
| I'm sure the argument would then be applied. | |
| Well, would due process be applied? | |
| Yes, as well. | |
| And... | |
| It's long been established that the state and its police power can mandate certain things. | |
| So that's not the issue. | |
| The issue is not whether the government has the right, at least in this particular case of Mayorkas. | |
| What's interesting about this, and what I want you to notice, is the brilliance of Justice Gorsuch and what he talks about and how he specifically deals with Emergency orders in general among the, quote, greatest intrusions on civil liberties. | |
| And I am going to attach a portion of this so you can read a PDF of Justice Gorsuch's dissent. | |
| By the way, I know you know this. | |
| I know you're aware of this, but during court cases, justices will write an opinion. | |
| Usually, the court will have an opinion for the majority. | |
| And if a judge does not agree, has voted against this, let's say in the dissenting opinion, he might actually publish or write his dissenting opinion. | |
| He might concur in part, dissent in part. | |
| He might concur. | |
| He might say, I agree with the majority, but for different reasons. | |
| So this is a dissent. | |
| And I want you to listen to this one particular piece, which is, this is so, so interesting. | |
| Again, put this here, and I want you to think about this. | |
| Doubtless, this is Judge Gorsuch, Justice, many lessons can be learned from this chapter in our history, and hopefully, serious efforts will be made to study it. | |
| One lesson might be, fear and the desire for safety are powerful forces. | |
| They can lead to a clamor for action, almost any action, as long as someone does something to address a perceived threat. | |
| A leader We do not need to confront a bayonet. | |
| We need only a nudge before we willingly abandon the nicety of requiring laws to be adopted by our legislative representatives and accept rule by decree. | |
| Among the way, we will exceed to the loss of many cherished civil liberties. | |
| The right to worship freely, to debate public policy without censorship, to gather with friends and families, or simply to leave our homes. | |
| We may even cheer on those who ask us to disregard our normal law-making processes and forfeit our personal freedoms. | |
| Of course, this is no new story. | |
| And it goes on. | |
| And it speaks of the notion of curtailing the process that normally is involved. | |
| Excuse me. | |
| It talks about curtailing the normal processes that are involved, and it also speaks to something we talked about in another video. | |
| This is the Hegelian dialectic, this problem-reaction-solution. | |
| This is somebody who says, I have a way to fix something to address a particular fear of yours. | |
| And when a society or a group is so frightened and upset, it is more likely to say, fine, go ahead and do this, and accede to that power. | |
| Life is a balance. | |
| So liberties require a balance. | |
| Law requires a balance. | |
| This is something which is never specifically enumerated. | |
| But you must understand, you must recognize the fact, and this is critical for you to grasp, that there are going to be situations in which the government has to act in a way that it sees fit for its constituencies and its citizens. | |
| Some agree, some won't. | |
| What does the government have the right to tell you to either stay at home, to secure in place, to not move, critical distancing, and that sort of thing? | |
| Not to mention the mandatory applications of vaccination and immunology. | |
| The point I want you to read, and read this dissent, is how, during the course of this, We can never lose our civil liberties. | |
| We can never do anything in the course of something which is noble, something which is valid, something which seems necessary, something which may seem drastic to some, and, by the way, which is applauded and encouraged by significant factions of the society. | |
| We cannot do anything to lose this. | |
| Now what I want you to do is to listen carefully to what I'm saying. | |
| It's very easy to find on the internets, as it were, and especially within these particular posts, the most ardent, the most rabid, the most anti or pro, you name it, there is. | |
| It is balance that I see. | |
| And I want you to understand critical thinking. | |
| Critical thinking. | |
| The issue is how do we apply the Constitution? | |
| To situations that involve biological, medical, biomedical, extended winning circumstances, so to speak. | |
| How do we do that? | |
| How do we do this? | |
| There was a time in the 80s, during the advent of AIDS, when people... | |
| Who knew they were HIV positive would go out and have unprotected sex and it was advocated and may still very well be done today advocated that people could be and should be and were charged with attempted first degree murder because they were out there engaging in sexual activities engaging in sexual behaviors and proclivities that were deemed dangerous. | |
| Think carefully. | |
| Think of what I'm saying. | |
| And I just want you to remember this. | |
| It's about balance. |
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