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April 1, 2025 - Lionel Nation
01:03:22
TRUMP HINTS AT THIRD TERM – ‘I’m Not Joking!’ | Media MELTDOWN Begins
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Can President Trump run for a third term?
Can he run again?
Can he say, you know what, I'm serious about this.
I'm going to run for a third term because it would not be...
Consecutive.
Yeah.
Yeah, that's the ticket.
I'm going to run because it's not consecutive.
And because I'm doing such a great job, and I'm not kidding, I'm serious about this, I might just do this.
And people are saying, did you hear what he said?
Can he do this?
I don't know.
That's what he said.
He said he's not serious.
He's not kidding.
Well, can he do that?
I don't know.
And I'm waiting, and I'm waiting, and I'm saying, you have in your pocket a device which allows you more research firepower than the library at Alexandria, and nobody will research it.
It's right there.
I've never seen anything like it.
I don't know.
What do you think?
You're a lawyer.
What do you think?
I don't know.
Do you know how to figure this out?
No.
What does the Constitution say?
I don't know.
So I don't even know what shocks me more, how Trump said that.
It's the weirdest thing.
People just are so used to saying, I don't know.
I have no idea.
I have no earthly idea.
None.
No conception.
None.
I don't even know where to start.
Where do I go?
But if it's Trump, I love it.
Now, what we're going to be talking about this today is, can he run?
Could he win?
What if he goes as vice president?
What if, you know?
And why we love this Trump.
He says stuff and every time he must go back and say, Dina, I just said I'm going to bomb Iran.
Why?
I don't know.
I just say it.
You know who to placate.
And I'm going to say something else.
And Zelensky, why you rat bastard, you?
And he goes back and he laughs.
Probably puts his feet up on the desk with Caroline Levin and says, these people are incredible.
They just love me.
I can say whatever I want.
And people just...
Love me.
It doesn't matter what I'm even saying.
How the hell am I going to run for a third term?
Well, maybe not.
And then Bannon, this is the best one, says, well, it's not consecutive.
Listen, if there was any way for Trump to be king, I would endorse it.
But I have this funny adherence to the rules.
And there ain't no such thing.
But we'll talk about that.
But the side note, the subsidiary issue is how we don't know how to learn things.
In my day-to-day stuff, I'm always saying, how do you do that?
How do you do this?
Hey, my Keurig descale light is on.
Oh, I'm going to use that.
How do you fix this?
What's the average salary in Ecuador?
I can find anything.
And Chad GPT and Grok, the greatest things ever.
You will never, ever, ever, ever, ever need Google or anything after this.
Nothing.
That is so done.
Done.
Because it learns you.
And you can learn so much.
But the thing which is the most fascinating is that there seems to be absolutely no interest whatsoever.
There's a complete and total nescience and ignorance, but an incuriosity which is so scary.
Ladies and gentlemen, get ready.
The question is, can President Trump run for the third time?
Can he win?
And why are the media going crazy if supposedly he can't?
We're going to be looking at this in great detail.
Make sure you're subscribed to Lionel Nation right now.
Check this very moment.
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Get your life back because you...
Deserve peace of mind.
If I would have told, theoretically, if I could have gone back to the, I don't know, the drafters of the Constitution and said, you're not going to believe this.
When you leave us with this wonderful testament, there are people who won't even read it or even understand it.
They'll never read it.
What?
I swear.
To God.
If I sat down with Madison, Jefferson, they spoke Greek and French and they were just...
I said, it's the...
You won't believe what you're saying.
I'm not just saying this.
I'm not just making this up.
I'm not being mean.
God, I'm not being mean.
I'm telling you the God's honest truth.
It's the most incredible thing I've ever seen in my life.
And when you ask people, well, what do you think is the reason for this?
I don't know.
I can't tell you what the reason for this is.
I don't know where this nescience came from.
It's just ignorance.
And it's something I think that we also kind of love to do.
Now, let's go back to this whole thing.
First, is there a reason why this is so difficult?
I don't know.
I can't figure it out.
But the question is, no, we do not have, nor we How do we say this?
What's the word?
We do not have any exception, dare I say, my friends, for anything, even though it's President Trump.
But I've got to tell you something.
I love...
He says stuff that is so...
If anybody else said that, I would say, this man is...
I can't stick.
But you know what?
There's something about him and his ability to make me say, oh, isn't he something?
It's a work.
And I know a lot of people around the world are saying, what do we do?
I don't care.
I don't really care.
I don't really care about any of this stuff.
I love what Elon's doing.
I love what he's doing.
I never knew I would have this much fun because Trump is a heel.
He knows how to bring heat.
He's classic, classic, classic.
WWE or really more.
You know, NWA.
He's incredible.
He is without Pierre.
How I love this man, and I love what he does, you have no earthly idea why.
And I think he knows it, but maybe he doesn't really know how good he is.
Let me see if I can explain that to you.
Now, let's talk about this thing, shall we?
Called the 22nd Amendment.
Because that's really what we're talking about.
And I know it may seem to some folks complicated.
It really, honest to God, it really isn't.
It really isn't.
Let's look at this.
Has anybody here ventured a guess?
Our good friend Raul Rodriguez says, who will use more AGI robots, men or women?
You know, you are so terrific.
You are so terrific.
No matter what the subject is, no matter what, I love you for, you will come up and say, Is the alphabet in that order because of the song?
Fantastic.
Thank you.
Ryan, our good friend, says, Trump is just trolling.
He's flooding the zone, as Bannon says.
It allows him to dominate the news cycle and turn libs into frothing at the mouth lunatics.
Pay attention to what Trump does, not what he says.
I agree with you.
Now, let me also say this, and I thank you for that, in the nicest way possible.
Steve Bannon is full of shit.
But in a good way.
He says stuff that's just absurd.
Absurd!
But he does it in a way that is so good where he gives a little hope to the seeming lunacy of what he Portend or portray.
He'll say things like, you know who does this too?
Eric Weinstein.
Eric Weinstein profoundly full of shit.
Profoundly.
I mean like you cannot believe just dear God he just makes stuff up and he trolls people on purpose and he wants to get people.
Anyway, but What's very interesting about him, which I think is so fascinating, he does this thing where he, for lack of a better word, he'll come up with a phrase, he'll say, well that's a fractionalized identitarian subterhand.
What?
He'll just make something up, it has no relevance whatsoever, nobody understands, nothing, nothing.
There's no idea.
Now, let's talk about the subject at hand here.
And this is very critical.
The 22nd Amendment to the United States Constitution.
Where's my little book?
I always have it here.
Well, we will look at it.
You know I have my Constitution.
By the way, you can read it all you want, but you need some help going on.
Anyway.
Let's look at it.
The 22nd Amendment plays not only a pivotal role, but the role, ladies and gentlemen, regarding the tenure of the president.
When was the 22nd Amendment ratified?
Anybody?
Any idea of how long it's been there?
Anybody?
Anybody here?
Just curious.
Any?
1851.
1951.
February 27th.
1951.
This amendment was, as you know, a direct response to FDR.
A direct to his unprecedented four-year term.
Excuse me, four-term.
He was like 11 months into his fourth term.
Four terms!
And they wanted somebody to get a rule to formalize.
Something because they never thought of this.
They said, my God!
You know, Washington said, two terms, that's enough.
That's enough.
Look at me, I'm doing that meme.
Two terms, that's enough.
Other people, that's enough.
But they wanted to actually formalize, to cement the traditional two term.
Remember, that was a tradition, but that ain't a rule.
We needed two terms and that's it.
That earlier presidents had adhered to.
Voluntarily.
It was understood.
It wasn't necessary.
It was kind of new.
Like, oh, we're a gentleman.
I don't want to go too far.
Now, what about the history of it?
Let's look at the history, ladies and gentlemen.
Prior to the 22nd Amendment, the U.S. Constitution did not impose explicit...
And by the way, could this have been ordered by the...
By statutes?
That's a very interesting question.
Why do we need, why don't we just pass a law that says that we only have two terms?
Must it be the Constitution?
Must it be?
Why?
If the Constitution is silent about it, and we just, because there's nothing in the Constitution that talks about the number of Supreme Court justices, doesn't mention the Air Force, doesn't mention anything.
It doesn't mention anything.
So we have statutory provisions.
So that's a very interesting question, which we'll talk about later.
But the Constitution didn't expressly, you know, deal with two particular terms.
Now, the two-term tradition, as I told you, was established by George Washington.
George Washington said, he also said, by the way, when they said, what do you want to be called?
He goes, I don't want to be called King, President.
That's pretty good.
Yeah, yeah.
He declined to third term.
And he set, again, the precedent, the custom, that subsequent precedents are presidents.
The precedent, the president followed.
However, Mr. Roosevelt's election to four terms during the challenging times of the Depression and World War II, as you can imagine, prompted Congress to act immediately.
We need to do something.
Now in 1947, Congress proposed the 22nd Amendment.
And by 1951, it was ratified by the requisite number of states.
Two-thirds of both houses, three-quarters of the state.
Wow!
That's a lot!
They really wanted that one.
So this was enshrined.
The two-term limit came into law.
You understand what I'm saying?
Yes.
Joe Ford says, yes, remember when Bloomberg ran for a third term?
Yes, and changed parties every single time.
He went to the city council to change the charter.
Oh, absolutely.
Now, let's talk about the 22nd Amendment.
What are the provisions?
What does it say?
What is it all about, Alfie?
What's it all about?
The amendment stipulates and states specifically that no individual, listen carefully, no individual can be elected.
To the office of the president.
More than twice.
Stop.
Twice.
Who said anything about consecutively?
It said twice.
Two times.
There's a provision that says, The expression of one is the exclusion of the other.
Maybe because of the fact that they did not say consecutively.
Maybe they just meant, we don't want you to be president twice.
Period.
Twice.
We don't want you to be president twice.
Here's a trick question.
What is the maximum amount of time that a president can serve in terms of years?
Where?
When is the maximum amount of time?
And remember, as Katie Barron says, please, Lord, let it be.
Do you want Gamala to run for three terms or more?
Remember, whatever you do for Trump, you're allowing everybody else.
What's the maximum number of times?
What's the maximum year?
Eight years?
Two terms, right?
Lemmy Skinnyard says, correct, ten years.
Papa Kilo, ten years.
Others say, yes, it's ten years.
We'll get to that in a moment.
Ten years?
Wait a minute.
That's right, ladies and gentlemen.
So it says we don't.
Want the president to serve more than twice.
Now, in addition, if someone has served, follow me, two, excuse me, if somebody has served more than two years of a term to which another person was elected, they can only be elected to the presidency once more.
This is really interesting, right?
Let me read this again to you.
It's very, very interesting.
If someone has served more than two years of a term, more than two years of a term, more than two years of a term, to which another person was elected, like a vice president, they can only be elected to their presidency once more.
Do you understand that?
Sparky weighs in and says, I'm not joking, Donald Trump.
I like this aspect of Donald Trump because it makes the right people's heads explode.
The right people's heads explode.
Yeah, I'm not joking.
He might not be joking.
I like that though.
I like when he says, I'm not kidding.
Okay.
Should he be kidding?
It makes me kind of want to parse his words better.
Okay, now this provision I'm going to be talking about.
Ensures that no individual, and this is the most important thing, and nobody can serve more than 10 years.
You got it?
More than 10 years.
Because there's less than two, you got two years, and then two more terms.
The vice president, he's in there for two years, this gun dies, I get two more shots at it.
If he goes over two years, if, God forbid, the president dies in his third year, only one more time.
Now let's talk about non-consecutive terms and eligibility.
For some reason or another, this is a big deal.
Steve Bannon brought this up.
The 22nd Amendment, ladies and gentlemen, does not prohibit a president from serving two non-consecutive terms.
It does not.
That's important.
As you know, Grover Cleveland...
I think 1884 or 1892.
This means that a president who has served one term and is defeated for re-election or steps down can run again if elected.
If elected.
And he can serve a second term.
Now you're also going to do what happens if he steps down and he runs for vice president.
Can he do that?
Sure.
Absolutely.
This scenario is, of course, brought to mind by President Grover Cleveland, who had more particular scandals than you can imagine.
Absolutely.
Positively.
You cannot believe.
Ryan says, I was amazed to learn how parties of the 19th century would boot the incumbent off the ticket before their second term in favor of another.
How many times have changed?
Indeed.
By the way, speaking of which, how about Marine Le Pen?
Oh, my God.
This is lawfare, baby.
International.
What they did to Marine Le Pen and what they did to, not Ceaușescu, but to Romanian.
Oh!
It's unbelievable!
I'll just say, I'm not going to bring this up for, with all due respect, not for this crowd.
That ain't your thing, and I dig it.
No problem with that whatsoever.
Okay?
But going back to President Grover Cleveland, Grover Cleveland, who served two non-consecutive terms, 22nd and the 24th president.
You know, what's interesting is, I always thought to myself, he is the 22nd president, no matter what, because, well, depending on how many more, if he's the 22nd president, and then there's a new president, whoever, I forget who that was, I forget, and then he runs again, He's still the 22nd individual president.
He's the 24th in terms of order, but he's still the 22nd, you know, FDR wasn't the, let's say, the 30th, 31st, 32nd, 33rd.
No, it was only one time.
Anyway, I don't want to get into that argument.
So he's the 22nd and the 24th.
By the way, Grover Cleveland, big, big deal, his birthplace on Bloomfield Avenue in Caldwell.
You can see it right there.
Right there.
Right across from Calandras.
Right there.
There's his birthday.
Any of it, my friend.
Now, this fascinates me.
And Trump, by the way, is the second person to win a non-consecutive term.
Now, what about vice president?
It's kind of interesting, isn't it?
A somewhat more complex situation arises when considering what happens when you consider whether a two-term president can serve as vice president and potentially ascend to the presidency again.
Can you do that?
Can you do that one?
Did you hear what I said?
Let's say Trump says, okay, I'm going to go for two.
You know what?
I'm going to go for vice president next.
And, I mean, I'll be vice president.
With J.D. Vance.
And then J.D. Vance decides, oh, J.D. Vance takes ill for some reason or he steps down and I come back again.
Can he do that?
Can they do that?
Can they do that?
Don't know about that.
Don't know about that.
Sparky says, in light of EU election interference.
That new large Romanian NATO base looks even more attractive as a group of hazelnuts.
Ah!
To a group, excuse me.
Yes.
Peppermint Patty says, ladies and gentlemen, wow, your last video on mental illness drugs was by far the best of raw truth I've ever heard.
Five stars on that.
I've worried about that for a year and only you have spoken of it.
Patty, thank you.
For that most, most kind word.
I appreciate that immensely.
Thank you for that.
I thought it was very good, too, because we were...
In fact, I was on with my friend, my dear friend, my dear friend, Anthony Cumia last night, and we talked about that very case, about what you do with the mentally ill.
We should have more institutions and the like.
So thank you immensely for that.
You are very, very kind.
Now, let's talk about this.
Can a president who served two terms, can he serve as a vice president for someone else and potentially ascend again to the presidency?
Well, no.
The Twelfth Amendment pretty much makes clear that no person constitutionally ineligible to the office of president shall be eligible to that Of Vice President of the United States.
So that's why when Ocasio-Cortez was under the age of 35, she could not have been the Vice President because she is not eligible.
What if somebody, dare I say, was not a natural-born citizen?
Could they?
That's a very interesting question.
A very, very interesting question.
All of this has led to debates among constitutional scholars.
It's really interesting.
And the drafters, as wonderful as they are, sometimes they inadvertently provided for areas of confusion that, you know, the more you get into it, you find out.
Some have said and some have argued and some believe that since the 22nd Amendment renders a two-term president ineligible for election to the presidency, They would also be ineligible for the vice presidency.
Makes sense, right?
Others contend that, no, the 22nd Amendment only restricts election to the presidency, not succession.
See, that's a good one.
They're saying that the 12th Amendment only applies to you, you know, running, but if you succeed, it doesn't really apply, or the 22nd Amendment would not violate it.
So, There's a suggestion, and this is very interesting, and I love this, a suggestion that a two-term president could serve as vice president, could serve, and assume the presidency if the sitting president were unable to serve, because he wasn't elected.
You got that one?
That's what some people say.
Now, let's talk about Trump's assertions and his strategic genius, the implications of this.
This is so good.
Donald Trump is the greatest, what do you want to call him, troll, heel, face, I don't know why.
He would be the perfect wrestler.
He has sparked discussions after discussions, suggesting he might seek a third term, stating, I'm not joking.
I'm not joking.
Barry Taylor said, the way around is a repeal of the 22nd Amendment.
That's right.
That is correct.
But that's never going to happen.
Because you ain't going to get three, I don't know.
I mean, you could, theoretically, but I don't think you're going to get three quarters of the country agreeing to repealing it.
And no.
But, theoretically, he could.
He says, I'm not joking.
Trump says, I'm not joking.
I'm not joking.
He says, and we're exploring methods to do so.
I'm not joking.
He entered at potential strategies, including having, for example, J.D. Vance.
He runs for president.
And then he resigns.
Ooh.
To allow Trump to assume the role.
That's not good because people...
What about the people who voted for J.D. Vance?
And he's resigning?
And these statements either way have ignited.
Debates like you can't believe.
Look at Steve Bannon about the interpretation of the 22nd Amendment and the feasibility and how this would work.
It's absolutely beyond beautiful.
And I love it.
Now let's talk about the legal challenges and all this other kind of stuff.
I mean, isn't this interesting?
Don't you kind of love this?
I do.
The prospect of a two-term president returning to office through succession Not election, but through succession.
Raises some pretty serious legal questions that you can imagine.
I mean, pretty, pretty serious.
And the way the 12th and the 22nd amendments work together, it's kind of interesting.
And it has not been definitively adjudicated.
Nobody's ever really acted upon it.
There are a lot of theoretical answers and suggested reasons for this.
And it's a great law school or law review question, but it's not as clear as you may necessarily think.
Now, while some legal scholars argue that the constitutional ineligibility part of it extends to succession, others say, no, no, it's got to be election versus succession.
Others believe that this particular rule that restricts this...
That it applies solely, as I said, to election, not to assuming the presidency through other means.
So that's what you're going to say today.
When you're talking to a friend of yours, you say, hey, did you hear what that crazy Trump says?
Whoa, whoa.
He says he's very serious.
He said he's working on some ways around it.
Well, what about if he takes the office from assent and assumption and not election?
Huh?
And then you walk off and leave your friends in the dust.
Because that's the issue.
Because it's not expressly spoken of.
Now this ambiguity suggests, dear friends, that any attempt, any attempt by a two-term president to return to office, you know, via the vice presidency would likely, most likely face very serious legal challenges.
And require, as you can imagine, judicial clarification.
By Gorilla Bob as a new member.
Hey, Gorilla Bob.
Thank you, my friend.
Welcome, welcome to the show.
Have some croncake.
Go right to the front of the line, my friend.
Thank you so much.
The challenges are going to be, I mean, it's beautiful and I love it.
And of course, they'll get Norm Eisen on or White.
They'll get their people.
Then we'll get Jonathan Turley.
Andy McCarthy will be of no use because he tends to be too honest.
Now, is this genius?
Or political maneuvering, or what is it?
Well, Trump's discussions and his references to third terms, let's face it, are a little bit over the top.
They're viewed through, of course, many, many multiple ends.
Now, on one hand, they may represent a strategic political maneuvering, you know what I mean?
Trying to keep his base energized and happy, and the media focused on...
His influence and all this other kind of jazz.
And by challenging constitutional norms, by openly saying, well, we're going to push these.
President Trump positions himself as a disruptor, a disruptor-in-chief, a role that has resonated with his supporters.
And we love it.
We love it.
Absolutely.
We love it.
The disruptor in sheep.
Now, on the other hand, there's a golden band to remind me of someone who would not understand.
I think Randy Travis said it best.
Now, on the other hand, these ideas, these assertions, whatever, could be seen as maybe testing the boundaries of constitutional law.
You know, prompting a national conversation, a discussion, a synthesis of terms about the presidential term limits and, you know, flexibility.
I think it's great.
Anytime we get to discuss the Constitution, I'm 100% for it.
Remember during the Second Amendment days when we were talking about the case of Heller, Heller against D.C., we were saying, well, does it mean to bear arms?
Does it mean to protect?
Does it mean to carry?
Does it involve guns that are not necessarily for self-protection?
It was terrific.
Terrific!
I love this.
I think it's one of these things that makes us as a country better.
It makes us smarter.
It makes us wiser.
And it's not that the flexibility of the Constitution, but you have to go back and see what was the intent of the original, either the drafters or the people in 1951 who came up with this amendment.
And you can kind of get an idea of what was, what does it say?
What did it mean?
What was the purpose of this?
That's all.
That's what Scalia would say.
And you also have to ask, does the Constitution adapt?
No.
It doesn't adapt.
The facts may adapt.
We may adapt.
It doesn't.
The Constitution is dead.
It doesn't grow.
It doesn't.
No, no, no, no.
The 22nd Amendment I guess is established and really serves as this cornerstone, okay?
This cornerstone maintaining that the, I guess, the democratic structure of our republic remains attached by preventing prolonged incumbencies.
Remember, Washington's guys hated the notion of the king.
Remember what they just fought for.
And while the amendment clearly limits...
Remember, you have to read it in perimateria consistently with the 12th and the 22nd amendment.
You've got to kind of read them.
But it deals with individuals involving two elected terms.
Look, the bottom line is simply this, my friends.
How do you deal with this?
How do you deal?
And what I mean by how do you deal with this?
I mean, what is the message for Americans?
How many people do you think truly understand and truly believe this idea, this very simple idea of what the president And what the presidency stands for.
What do you think they think it means?
It doesn't mean whatever you kind of think.
Or, well, I like Trump, and I think that would be a groovy thing, so yeah, we'll go along with it.
No, no, no, no, no, no.
No, no, no, no.
Let me tell you about what Donald Trump is.
He is a genius.
He drives people crazy.
He drives people crazy in ways that I never thought even remotely possible.
He has this ability to do this thing, I don't know what, where he goes in and he says stuff, and frankly there are some things that I think are just absolutely insane.
Seriously.
I think the thing he says about What am I trying to say?
About Obama and Iran?
That's nuts!
That's crazy talk!
But that's him.
That's Trump.
That is Trump.
That's his deal.
That's who he is.
He said stuff, and I'm sorry, it just blows my mind.
The Houthi, the Middle East, what he's saying, it is nuts!
I love the guy.
I'm not going to agree with everything.
I'm certainly not going to agree.
And a lot of people really don't.
But the bottom line is simply this.
I hope you realize this.
I hope you're not ever going to forget this.
But you must understand that we cannot in any way ever turn our back on the Constitution.
That's it.
That is all I care about.
That's it.
Let me give you an example of something.
And this is important.
And you've got to realize this.
The Constitution does not change.
It doesn't grow.
It doesn't...
Let me give you an example.
Let's say you're at the French Open or the U.S. Open and you're a line judge for a tennis tournament.
And you're watching whoever, Joe Vick, Joe Vick, whoever these people are.
And you're sitting there as a lion gen and you're saying, this is the most ridiculous thing I've ever seen in my life.
These people are so good, it is insane to see this ball in this huge area.
That might have been important during the days of Don Budge or Pancho Gonzalez or Bill Tilden, but not today.
This area, so this ball that landed in, I think that by virtue of today's standards, by virtue of the game today, this living game, I'm going to call this out.
I'm going to say it is out, even though under the rules, it's in.
Because I think tennis should be a living, breathing, study, They would say, what are you saying?
Yes, I'm going to call this out.
And the reason why is because in today's game, what are you talking about?
I'm going to say this, and whenever I get the chance, so please bear with me.
I'm very sorry that I'm going to do this.
Whenever I tell people this, and I can teach people, I will do this.
And it works like this.
No matter what you think about Abortion.
Whether you think you have the right to an abortion, whether you think they're reproductive rights, whether you think child life begins in birth, whether it's a heartbeat, something like DeFranco's.
That's not it.
That is not it.
There is nothing in the Constitution that provides for a right to abortion.
None.
None!
It doesn't exist.
You have the right to life, liberty, well, not life, liberty, but life, liberty, and property only, only, this is important, only to the extent that it is provided for in terms of due process.
What does that mean?
Let me tell you what it means.
It means that We, in this country, cannot deprive you of life, liberty, or property without due process.
What does that mean?
It means that the founding fathers didn't give a damn whether we took your property, whether we put you in jail for the rest of your life, whether we killed you the capital punishment, or it didn't matter!
What we cared about is that you were provided due process.
Yeah, we can put you in prison forever.
Yeah, we can issue the death penalty.
Yeah, we can seize your property in the eminent domain or whatever it is.
But we have to have a process, a procedure that is due, that is fair, which is normally notice and the right to be heard.
And that's it!
It never gave you a right to virtually anything.
You have some...
The right of the people to be free, and the Fourth Amendment, there's all kinds of exceptions.
So what I tell people is, and this is important, this is a problem for people, but you may think in your heart that reproductive freedom is so absolutely important, so critical, so incredibly critical, that you have to That we must guarantee it by the Constitution.
Nino Scalia talked about this thing.
He said there used to be a Prego spaghetti sauce ad years ago.
He's an Italian guy who says, hey, what's this?
And the woman says, it's Prego spaghetti.
He goes, that's not authentic.
Is there garlic in it?
It's in there.
Is there oregano?
It's in there.
Is there parsley?
It's in there.
Is there basil?
It's in there.
And that's the way people feel about the Constitution.
Whatever you want, whatever you think, whatever you hope for, whatever you believe is important, it's in there.
It's in there.
It's all in there.
Everything is in there.
Nothing to worry about.
It's the most incredible thing I've ever seen in my life.
So people believe that there are these...
Laws.
There's nothing in, I keep saying this, there's nothing in the Constitution that talks about, for example, the Air Force.
There's nothing that talks about the number of judges.
Marriage is not mentioned.
Voting is not mentioned.
Oh, there might be later on in an amendment.
They never even cared about any of that stuff.
But it doesn't mean you don't have a right to it.
It doesn't mean you can have it taken away from you.
It means that it's not in there.
So, in 1965, this is the most important thing.
In 1965, there was a Griswold case, Griswold against Connecticut.
And it was a law that dealt with prohibiting contraception, even among married people.
It was a kind of a stupid...
I don't know where it is.
It was this...
How do I say this?
It was this kind of a Knights of Columbus sort of a...
Catholic Church-inspired prohibition or whatever it was.
And what it did was, it provided the following.
It said, let's have this statute.
Ah, nobody's going to really enforce it, but let's kind of do it.
Maybe because it's kind of theoretical or whatever, but let's go ahead and do it.
So somebody at the time said, we have to bring up, we have to Even though it's not been enforced, even though whatever, we have to take this somehow, and the Supreme Court wanted it.
And William O. Douglas wanted it more than anything else.
Oh my God, he wanted this.
He wanted this statute.
He wanted it so bad.
I think to this day he's the longest serving justice, I think.
So he said, I'll take it.
I'm going to do it.
And they said, well, what's the basis for it?
Well, is there a constitutional right to He goes, well, not really.
Well, what is it?
He said, well, I'm going to create a right.
I'm going to create a right out of thin air.
And it's called privacy.
Have you ever heard about this?
It's called privacy.
I'm going to create it.
A constitutional right.
Now, the Constitution only had life, liberty, property, but it didn't talk about The right, it talked about your right to due process.
The only rights are procedural.
They're just due process rights.
Let me say this again, because when I tell people this, it doesn't really, I remember the first time I heard this, it didn't really stick.
The drafters of the Constitution, the big guys, they didn't care anything about, theoretically, about The statute.
Excuse me, about the particular rights.
They cared about whether you had a hearing, whether you were treated fairly before we took the rights away.
Does that make any sense to you?
So, and this is where, and if you can grasp this, you will be the smartest person on your block, in your town, because four people, I think, truly understand what this means.
I'm going to tell you.
This is the concept which is so important that it explains the whole notion of this concept that has been the basis, the main basis, the number one objection, the number one source of objection for everybody from the Heritage Foundation to the Federalist Societies to the Conservatives to the Scalia types.
This is the thing you're going to have to know.
And when I explain this to you, you're going to be so smart, it's not even funny.
But only after this.
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The penumbra, the umbra, if this is the earth, which of course it is, and the moon is behind it, the glows, the radiance, the, you know, that.
Radiation that you see around the background and the side.
The penumbra, the umbra.
Let me give you a good definition.
Penumbra, umbra, definition.
These are important.
These are important.
The umbra is the darkest center part of a shadow where the light source is completely blocked, while the penumbra is the lighter outer part where the light source is.
Look, it's that part that observes.
Okay.
This guy bent over backwards to come up with this stupid thing because he should have said, like most people said, there is no constitutional right to contraception.
If the people in Hartford or wherever the capital is, if you want to prevent it, prevent it.
It's up to you.
You don't need a constitution, but there's no constitution.
Not according to him.
He said, there is this.
When you look at the rights, there is a penumbra.
Rights that are not necessarily determined, but rights that are, it's complete bullshit.
And he came up with this idea called privacy.
And privacy became the basis of Roe against Wade.
This says, show me the video of Trump passing the nuclear football to Biden in 2021.
This is Trump's third term.
Got it?
Okay.
Alrighty.
Thank you so much, Dirk.
Dirk, thank you for that.
Now, let me go back to this.
This is when Scalia, Alito, Thomas, everybody, DePaul went crazy.
DePaul says, I always enjoy listening to you on WABC and your discussions about constitutional law.
I'm glad to find you on YouTube.
DePaul, thank you, my friend.
Thank you.
This Constitution is yours.
This is not some arcane subject that I know.
You're supposed to know it.
You're supposed to know it.
It's the rule.
But the thing that people don't understand is how to read it, how to understand it.
But this...
Douglas came up with this crazy idea.
And by the way, for the record, I'm what you would call pro-choice.
Meaning...
I don't want to put a woman in prison who's had an abortion.
Because if you're pro-life and you know no exceptions, no exceptions, if a fetus is a human life, a real life, and you've killed it, that's murder.
And you deserve to be in prison.
There's no exceptions.
There's no exceptions.
You can't say it's a human life, but you can tell you.
It's not like self-defense.
But yet, even though I...
Theoretically and for this, I'm saying no!
There's nothing in the Constitution that prevents or guarantees abortion.
It doesn't talk about it.
Let's talk about the death penalty.
I am still intellectually against the death penalty because our system is so depraved.
You can't appeal the death penalty.
Well, you can't appeal an execution.
I mean, theoretically you can.
You can go to the tombstone and say, congratulations, Sparky, we won.
You know, you're dead, but we won.
But even though I feel like that, I'm telling you now, unequivocally, without a doubt, I am telling you that there is no constitutional prohibition against the death penalty because it even says it.
Life, liberty, or property without due process, and there's due process.
I live by what?
The Constitution says.
I may not like it.
How about the Third Amendment?
Quartering soldiers against your home, against your will.
Was this a problem?
Apparently it was.
The Fourth Amendment?
They don't even tell you.
Cruel and unusual.
Cruel and unusual punishment.
Eighth Amendment?
What does that mean?
Well, we can't do thumbscrews, but they gave you the death penalty for everything.
The Constitution had the Fugitive Slave Clause, which was repealed by the 13th Amendment, which basically said, now if my slave runs away, you catch him.
You've got to give him back.
This is his life, liberty, and pursuit.
I mean, it's crazy.
It's imperfect.
But it's...
And here's the best part.
Scalia has said this as well.
You want to read great Constitution?
read like the Russian constitution you've you've By the way, I mentioned Nurse Traveler.
You're right.
We mentioned Nurse about Marine Le Pen getting four years.
That's what I mentioned before.
Four years.
I mean, this is lawfare like you can't believe.
Basically, I mean, and she was leading in the polls.
But nobody cares about this.
But thank you.
I appreciate that.
Anyway.
This...
What I was even saying before you so rudely, though correctly, interrupted me.
Oh.
There are countries.
It might have been Stalinist, Russia, I don't know, Red China.
They've got the best constitution.
They've got rights for everything.
But they're not enforced.
They're called parchment rights.
They're called parchment rights.
You understand this?
Parchment might.
Meaning it's there.
It's just there.
We enforce them.
And we also have Marbury against Madison.
It's the first case you learn, maybe in law school, maybe in, well, con law for sure.
But it says that the Supreme Court has the absolute power to adjudicate, to determine What is the Constitution?
It's that simple.
What is the Constitution?
Can't say it anymore.
Can't say it any better.
And that's why when people say, who are these unelected judges?
Well, it's the Supreme Court.
But the courts have the right, maybe not just the Supreme Court.
So when you have somebody who says this is unconstitutional, sometimes, yes, it is a lawfare.
It is an excessive, I think, an excessive expansion beyond that.
But when you say, who has the right?
Marbury against Madison.
They have the right.
That's absolutely.
They do.
And of course they're unelected because the Supreme Court does not allow for elected federal judges.
I never felt comfortable with that one.
I know it's fun to say, who are these unelected judges?
Well, they're unelected.
State court judges are elected for the most part.
Sometimes they're appointed, but in any event.
This is our rule.
This is our rule.
Trump is your father says...
I voted for Trump and abortion rights.
Then you go to your state and you go to your state capitol and you say either you want him or don't want him or whatever it is.
But what the Supreme Court said in Dobbs was very simply this.
I'll never forget when that decision came out.
Remember that?
We were at Chit Chat.
I looked at my phone and said, oh my god!
I couldn't believe it.
Roe was...
And is there a right, some kind of constitutional right for sodomy?
No!
There's no constitution?
None!
And what about homosexual marriage?
No!
There's no...
Now, remember, and this is interesting, in loving against Texas, in loving against Virginia, in 67, when they ruled that anti-miscegenation...
Laws were unconstitutional.
If I recall correctly, it was an equal protection argument under the 14th Amendment, not the right to marriage.
So, remember these things.
Most of what you want, most of what you have, most of what is important to you can be done at the state level.
Which is fine.
And the Supreme Court is...
Most of the time, the Supreme Court has absolutely no.
If there was a statute, let's say in the state of Wyoming, they removed all age requirements for marriage.
Let's say you could marry an infant if you wanted to.
That's crazy!
Let's say the legislature of Wyoming decided...
There was no minimum age of majority order to get married.
You can't go to the Supreme Court and say, we think it's unconstitutional for a state not to have a law.
It doesn't work like that.
The Constitution, the Bill of Rights, only protects defendants.
It doesn't protect the state.
It doesn't protect the government.
It doesn't protect any of that stuff.
It's to protect you.
And the only time, the only time, the only amendment that is provided, that can be committed by a private citizen, is the 13th Amendment of slavery.
Sparky says, the progenitor of my family in the New World was sentenced to death during the bloody assizes for waging war against the king.
But they needed slaves in the New World, so he was transported instead.
Isn't that wonderful?
You have such a rich and glorious history.
I love that, the assizes.
It's beautiful terminology and phrase.
So my friends, remember something that, remember, I, whatever the Constitution says, that's it.
It's just sometimes we need to have somebody adjudicated.
Let me ask you this, for all of you Second Amendment fans, does the Constitution Or would it allow, under the Second Amendment, for you to have a howitzer, a grenade launcher, some kind of huge bomb or something?
Would it?
Interestingly enough, at the time of common law, there was a law that prohibited Afrighting.
Where if you walked on the street with a war club or something that scared people, they said, hey, no, no, no.
You can't do this.
In fact, let's get the actual definition.
Afrighting means, let me see, infrighting the law.
I love this.
I love the name, affrighting.
The law means That's not it.
It means, by the way, carrying like a, I think it was a battle axe or a club.
Some of those.
Let me tell you something.
If I had, it's similar to a shillelagh, but a battle axe, just this club.
Oh.
Remember during the last of the Mohicans or I think it was, or was it Mel Gibson?
You get hit with that thing?
You're done.
I mean, it's not good.
In any event, dear friends, thank you for this wonderful discussion, this wonderful repartee.
I appreciate it immensely.
You were so terrific and so great.
Sparky, I thank you for your insights.
DePaul, thank you.
Dirk McGee, thank you.
Gorilla Bob, Barry Taylor, Peppermint Patty, thank you for your encomium.
Ryan, thank you.
And let me see, Raul, thank you as well.
Today, Mrs. L, live at 5 on Lens Warriors.
Make sure you subscribe right now to Lens Warriors.
She's got, wait till you see what she's got for you today.
We've got that.
And also, we're going to, let me see, a lot of things, a lot of great stuff.
I just got a brand new, dropped a video, a new story, of this, the thing that wouldn't leave.
Rosie O'Donnell left and is still screaming about Trump.
It's the most incredible thing I've ever seen.
Leave already.
Go!
And if Conor McGregor, whom I'm not a big fan of, but if he became the president of Ireland, the irony would be delicious.
In any event, dear friends, have a great and a glorious day.
Thank you so much for being a part of today's...
Peace.
I mean it.
I thank you immensely.
And until we meet again, don't forget, Mrs. L today at 5. Live at 5 on Lin's Warriors.
Don't forget, the monkey's dead.
The show's over.
Sue ya.
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