#18 - The Ultimate Guide to Understanding the Bill of Rights: Explained Simply

100:00:00,000 --> 00:00:06,000In terms of religion, it doesn't allow the government to declare a national religion.200:00:06,000 --> 00:00:10,000So you Christian nationalists out there that's trying to make the entire country Christian and white,300:00:10,000 --> 00:00:15,000y'all need to stop. The US Constitution does not agree with you. Get on life.400:00:15,000 --> 00:00:21,000One thing I will say is I'll never advocate the fact that the government should be allowed to take guns in the 2nd Amendment.500:00:21,000 --> 00:00:24,000It clearly indicates that the government will never be allowed to do this,600:00:24,000 --> 00:00:31,000but I do think the question and the conversation should be had in is where is the law?700:00:31,000 --> 00:00:34,000That's not the end of it. Where is the law?800:00:34,000 --> 00:00:41,000The ability to understand that, hey, there are more rights in here than there are right now.900:00:41,000 --> 00:00:48,000It's so about, it's so important, and I don't think it's a good idea to constantly evolve in the Constitution.1000:00:48,000 --> 00:00:50,000Welcome back, ladies and gentlemen.1100:00:50,000 --> 00:00:55,000This is the Purple Political Podcast, and I am your host, Rodel Lewis.1200:00:55,000 --> 00:00:58,000How are you doing? Hope you're doing well.1300:00:58,000 --> 00:01:00,000And today we're going to be talking about the Bill of Rights.1400:01:00,000 --> 00:01:05,000I'm going to break it down. I'm going to go over what it says, go over what it means,1500:01:05,000 --> 00:01:16,000and then I'm going to wrap it up by doing a top, well, more so a ranking from 10 to 1 on which amendments I think are better than others.1600:01:16,000 --> 00:01:23,000So that is for the end. So if you want to see that ranking, stay tuned for the end of the episode.1700:01:23,000 --> 00:01:27,000And as always, we're going to start off the episode by reading off a review.1800:01:27,000 --> 00:01:31,000So if you want to get shouted out in the episode, let me hear what you got to say.1900:01:31,000 --> 00:01:36,000Make sure you leave a review in Apple Podcast or you can really review on Spotify, too.2000:01:36,000 --> 00:01:39,000If you just want to leave a five star review, I would appreciate it.2100:01:39,000 --> 00:01:50,000So from it seems like Sam No, from Katie Brinkley, they said, enjoy this new new show.2200:01:50,000 --> 00:01:55,000It's great to hear the latest news and then commentary and opinions about what is happening.2300:01:55,000 --> 00:02:00,000I don't necessarily agree with everything, but that is the joy of hearing other perspectives.2400:02:00,000 --> 00:02:09,000And no problem. I have my own opinions. But at the very least, the point of this show is to kind of go over things that are going on,2500:02:09,000 --> 00:02:14,000go over important issues, help inform the people and have good conversations.2600:02:14,000 --> 00:02:19,000That is what this podcast is about. That's what it will continuously be about.2700:02:19,000 --> 00:02:25,000And, you know, hey, some click bait here and there, but that click bait is important click bait.2800:02:25,000 --> 00:02:31,000So don't worry about it. So let's go over the Bill of Rights. Let's just dive right into it.2900:02:31,000 --> 00:02:34,000And we're going to go in order from the First Amendment to the Tenth Amendment.3000:02:34,000 --> 00:02:39,000So I'm going to start off by reading what it says in the Constitution itself.3100:02:39,000 --> 00:02:47,000So the First Amendment indicates Congress shall make no law respecting an establishment of religion3200:02:47,000 --> 00:02:58,000or prohibiting the free exercise thereof or bridging the freedom of speech or the press or the right of the people peaceably to assemble3300:02:58,000 --> 00:03:03,000and the petition and to petition the government for a redress of grievances.3400:03:03,000 --> 00:03:06,000So there's a lot of layers to the First Amendment.3500:03:06,000 --> 00:03:16,000And this is kind of the crux of the American way of life, the individual rights that people get, that people have in terms of religion3600:03:16,000 --> 00:03:20,000it doesn't allow the government to declare a national religion.3700:03:20,000 --> 00:03:26,000So you Christian nationalists out there that's trying to make the entire country Christian and white, you all need to stop.3800:03:26,000 --> 00:03:33,000The U.S. Constitution does not agree with you and get on life. You feel me? Get on life.3900:03:33,000 --> 00:03:37,000That's not what America is about. That's not the U.S. Constitution way.4000:03:37,000 --> 00:03:43,000It literally sells it in the First Amendment. Read your scripture, FEMA. Your scripture.4100:03:43,000 --> 00:03:46,000It also says it doesn't favor one religion over the other.4200:03:46,000 --> 00:03:52,000So, you know, even though we're a mostly Christian nation, we're definitely kind of letting in more and more religion,4300:03:52,000 --> 00:03:57,000such as the Muslim faith, Islam faith, Jewish faith has always been here.4400:03:57,000 --> 00:04:02,000But you know what I'm talking about. So at the end of the day, government is not allowed to favor one Christian over the other.4500:04:02,000 --> 00:04:05,000Now, things to keep in mind, it does say this.4600:04:05,000 --> 00:04:08,000There's a lot more nuance to a lot of these amendments, by the way.4700:04:08,000 --> 00:04:17,000It does say this, but they do allow like blue laws, which is basically laws that, you know, allow for missing work because of a holiday,4800:04:17,000 --> 00:04:24,000certain stipulations for, you know, Sunday, Christmas, Christian Church Sunday, for example.4900:04:24,000 --> 00:04:29,000Right. You know how like Chick-fil-A, they don't, you know, work on Sundays, for example.5000:04:29,000 --> 00:04:35,000And there's a most recent lawsuit actually kind of tie into current news.5100:04:35,000 --> 00:04:43,000There's a recent lawsuit that is going on in reference to someone who works for USPS, I believe, or at the very least, they work for a delivery service.5200:04:43,000 --> 00:04:48,000And they were denied the ability to go to church on Sunday.5300:04:48,000 --> 00:04:59,000The employer basically was like, you know, we can't let you go to church because, you know, we'll be leaving a hole if you go and you're not here.5400:04:59,000 --> 00:05:05,000So he's following a lawsuit against the company for not allowing him to express his religious freedom in this situation.5500:05:05,000 --> 00:05:08,000More than likely, he'll win this stipulation.5600:05:08,000 --> 00:05:24,000And the the courts and the lawyers are also indicating that moving forward, if an employer doesn't outright indicate an absolute need and necessity for someone to work and denying their religious right,5700:05:24,000 --> 00:05:36,000because there is a law put in place or there's a stipulation put in place that if the company absolutely needs it, then they can deny that religious, you know, blue law right that I was just listening earlier.5800:05:36,000 --> 00:05:44,000So if they cannot establish that necessity, then this lawsuit would definitely go forward.5900:05:44,000 --> 00:05:51,000So definitely keep that in mind if you have a religious right that you adhere to and don't take advantage of it.6000:05:51,000 --> 00:05:55,000You can't one of these days go like, hey, man, I'm Jewish Hanukkah here.6100:05:55,000 --> 00:05:58,000I'm not going to school. Yeah, we can't do that.6200:05:58,000 --> 00:06:07,000Right. But at the very least, you need to know your religious right, especially for these employers, you know, places like Amazon tries to push people over all the time.6300:06:07,000 --> 00:06:10,000So you got to know what you're handling.6400:06:10,000 --> 00:06:14,000This guy's probably going to win his lawsuit, going to win millions of dollars because he knew his rights.6500:06:14,000 --> 00:06:19,000He wanted to practice it. And now moving forward, he probably will never have to work a day in his life again.6600:06:19,000 --> 00:06:22,000You feel me? Just know this, of course.6700:06:22,000 --> 00:06:29,000Also, the aspect of expressing your freedom of speech show, that's pretty self-explanatory.6800:06:29,000 --> 00:06:41,000That's really just giving you the ability to say what's on your mind for the most part without any government interference or regulation of what you're saying.6900:06:41,000 --> 00:06:49,000You can never be held liable to content that you say or opinion you say about someone that is true and factual.7000:06:49,000 --> 00:07:01,000Now, the caveat to this is if you start saying defamation stuff, if you start saying things that disrupt the peace, for example, you're in a movie theater and say fire and cause a riot or whatever,7100:07:01,000 --> 00:07:17,000say stuff that's content neutral, but can definitely be perceived different ways that doesn't necessarily hold nearly as valid in comparison to just truthful and factual information in terms of freedom of speech.7200:07:17,000 --> 00:07:21,000So you got to know the differences when you're kind of saying things for people.7300:07:21,000 --> 00:07:28,000But if you're saying the facts, if you've got the facts, you got to prove it, of course, then, hey, man, the freedom of speech is right there.7400:07:28,000 --> 00:07:40,000And the freedom of speech and hate speech is definitely a very interesting conversation nowadays with people trying to implement things of hate speech in the in the US kind of laws.7500:07:40,000 --> 00:07:55,000Right. I know I believe maybe in Europe or Canada, I forget which country, which country versus which country in Europe is trying to implement hate laws in this and to such an extent that if you say something on social media,7600:07:55,000 --> 00:07:58,000they can actually find you and you can get a criminal charge.7700:07:58,000 --> 00:08:02,000So I don't think the America will ever go that far.7800:08:02,000 --> 00:08:04,000But they're definitely trying.7900:08:04,000 --> 00:08:14,000They're definitely kind of taking steps with the Internet and how you can kind of say anything with kind of full anonymity.8000:08:14,000 --> 00:08:20,000One thing I will say in terms of the freedom of speech is like you could say anything, but you know, you got to hold.8100:08:20,000 --> 00:08:22,000You got to hold steadfast on what you're saying.8200:08:22,000 --> 00:08:26,000Right. I don't know if I'll necessarily remind and you can let me know if you agree with this.8300:08:26,000 --> 00:08:35,000I don't know if I necessarily mind if people are held accountable or at the very least pointed out and things they are saying.8400:08:35,000 --> 00:08:42,000I really don't like when people just say things and honestly and anonymously and then are not held accountable.8500:08:42,000 --> 00:08:48,000If I want to call a duty lobby and someone calls me the N word for the most part, I really don't care.8600:08:48,000 --> 00:08:50,000But like I want to know who's saying it.8700:08:50,000 --> 00:09:01,000Right. I want to know the person who's saying it because we got to realize I think we all know this nowadays is that a lot of people will say things on the Internet that they will never say in your face.8800:09:01,000 --> 00:09:07,000Right. So if someone's going to say something and they want to say in my face, then I can confront the person.8900:09:07,000 --> 00:09:09,000I won't get violent. I won't get violent.9000:09:09,000 --> 00:09:13,000I never think it's OK to get violent just because someone calls you the N word or whatever.9100:09:13,000 --> 00:09:16,000Right. I won't get violent.9200:09:16,000 --> 00:09:23,000I will just laugh in his face. I will laugh in his face.9300:09:23,000 --> 00:09:25,000You got to give me the right to laugh in his face.9400:09:25,000 --> 00:09:28,000Come on now. I deserve I deserve that right.9500:09:28,000 --> 00:09:30,000So definitely keep that in mind.9600:09:30,000 --> 00:09:39,000Also, it talks about peaceful protest, you know, peaceful, peaceful protest.9700:09:39,000 --> 00:09:46,000So riots are not peaceful, by the way, so that the First Amendment does not give you the right to be violent.9800:09:46,000 --> 00:09:50,000Just saying peaceful protest gives you the right to, you know, assembly.9900:09:50,000 --> 00:09:53,000It doesn't give you the right to social like association, though.10000:09:53,000 --> 00:09:57,000So like criminal organizations, you know, gangs, all that stuff.10100:09:57,000 --> 00:09:59,000They ain't they ain't cool with that necessarily.10200:09:59,000 --> 00:10:08,000But just keep that in mind and the right to petition, of course, you know, if you're a government or your employer or school or whatever in my neighborhood.10300:10:08,000 --> 00:10:11,000They put a racquetball court in sort of a basketball court.10400:10:11,000 --> 00:10:17,000So I have the right to petition the fact that, hey, man, I know that there's mostly white people in my neighborhood.10500:10:17,000 --> 00:10:21,000But like, come on, man, I want to ball, bro.10600:10:21,000 --> 00:10:23,000I don't want to play racquetball.10700:10:23,000 --> 00:10:25,000OK, come on. Who wants to play racquetball?10800:10:25,000 --> 00:10:28,000Nobody wants to play racquetball. I want to ball.10900:10:28,000 --> 00:10:33,000So, hey, this is the this is a perfect example of me petitioning.11000:10:33,000 --> 00:10:35,000Now, will the petition be successful?11100:10:35,000 --> 00:10:40,000No, because I am very few in terms of colored individuals in this neighborhood.11200:10:40,000 --> 00:10:44,000You know what I'm saying? So I probably would lose that petition, but I have the right to do it.11300:10:44,000 --> 00:10:50,000So keep that in mind. Keep in mind your First Amendment rights, all that very important stuff, of course.11400:10:50,000 --> 00:10:54,000But there is nuance, there is caveats to each and every one of them.11500:10:54,000 --> 00:10:56,000It doesn't give you the right to do whatever you want.11600:10:56,000 --> 00:10:59,000Always keep that in mind. It doesn't give you the right to do whatever you want.11700:10:59,000 --> 00:11:03,000Now we got the Second Amendment, of course.11800:11:03,000 --> 00:11:06,000This is a lot more, you know, detailed.11900:11:06,000 --> 00:11:12,000This is probably going to be the most talking I want to give over one particular amendment for a good reason,12000:11:12,000 --> 00:11:18,000because there's so much conversation, there's so much deliberation between the Second Amendment.12100:11:18,000 --> 00:11:22,000And it really starts on what it actually even means.12200:11:22,000 --> 00:11:28,000OK, so the Second Amendment, a well-regulated militia being necessary to the security of a free state,12300:11:28,000 --> 00:11:31,000the right of the people to keep and bear arms shall not be infringed.12400:11:31,000 --> 00:11:36,000Now, you would assume the Second Amendment just says, hey, you can have a gun whenever the frick you want. Right?12500:11:36,000 --> 00:11:42,000So it doesn't say that. And because it doesn't say that, there's actually two interpretations of this amendment,12600:11:42,000 --> 00:11:47,000the individual right theory and the collective rights theory.12700:11:47,000 --> 00:11:52,000Now, the individual right theory basically indicates focusing on the individual12800:11:52,000 --> 00:11:57,000and focuses on the fact that each individual should have the right to possess a firearm.12900:11:57,000 --> 00:12:02,000And it prohibits the government from prohibiting them from possessing a firearm.13000:12:02,000 --> 00:12:08,000So that's basically the entire idea that kind of the common idea of the Second Amendment nowadays13100:12:08,000 --> 00:12:13,000is that people should have the right to have a gun to protect themselves. Right?13200:12:13,000 --> 00:12:18,000As for the collective rights theory, that's basically kind of a different approach to what it means.13300:12:18,000 --> 00:12:25,000And it focuses on the idea that state governments should have the right to protect themselves against the federal government.13400:12:25,000 --> 00:12:30,000But it does not give citizens these individual rights to have guns.13500:12:30,000 --> 00:12:37,000So basically, the idea is that the state government, anytime the federal government wants to do some weird stuff,13600:12:37,000 --> 00:12:45,000they have the right to formulate their own way of protecting themselves and the people of the state against the federal government. Right?13700:12:45,000 --> 00:12:50,000So there are two different interpretations of what it is.13800:12:50,000 --> 00:12:56,000Now, I'm going to go over a lot of different cases. And the reason why I want to do that is kind of try to figure out13900:12:56,000 --> 00:13:02,000or kind of really illustrate how the interpretation of the Second Amendment has been changing for so long.14000:13:02,000 --> 00:13:09,000And this is just a broad overview. You know, maybe one day I'll do a full podcast episode purely and talking about what the heck the Second Amendment14100:13:09,000 --> 00:13:17,000actually means. But this is a broad overview for people to kind of understand the Second Amendment a little bit better. OK.14200:13:17,000 --> 00:13:22,000So in 1939, the United States versus Miller, which is the case law in this situation,14300:13:22,000 --> 00:13:36,000it indicated that Congress should could regulate a sawed off shotgun because they don't believe it has some reasonable relationship to the preservation or efficiency of a well regulated militia.14400:13:36,000 --> 00:13:42,000The court then explained that the framers included the Second Amendment, the original people who created it.14500:13:42,000 --> 00:13:48,000Come on, James Madison, you know what a framer is to ensure the effectiveness of the military.14600:13:48,000 --> 00:13:54,000So initially in 1939, they started to make a stipulation with certain guns like this problem is not going to help you in this situation.14700:13:54,000 --> 00:14:01,000We do not need to start off shotgun. It's probably more dangerous than helpful in terms of protection at the end of the day. Right.14800:14:01,000 --> 00:14:13,000Moving forward in the future in 2008, District Columbia v. Heller, the plaintiff in Heller, challenged the constitutionality of a Washington, D.C.14900:14:13,000 --> 00:14:17,000law which prohibited the possession of handguns and a five four decision.15000:14:17,000 --> 00:14:22,000The court struck down the D.C. handgun ban as a violative of that right.15100:14:22,000 --> 00:14:34,000The court meticulously detailed the history and tradition of the Second Amendment at the time of the Constitutional Convention and proclaimed that the Second Amendment established an individual right for U.S.15200:14:34,000 --> 00:14:37,000citizens to possess firearms.15300:14:37,000 --> 00:14:52,000So right now, right in this case, it definitely is starting to establish the kind of current modern proclamation of what the Second Amendment is and that's the individual use of possessing a firearm.15400:14:52,000 --> 00:14:56,000It really is definitely started diving into the individual right theory.15500:14:56,000 --> 00:15:07,000The court carved out Miller has an exception to the general rule that Americans may possess firearms, claiming that law abiding citizens cannot use sought off shotguns for any law abiding purposes.15600:15:07,000 --> 00:15:10,000So it kind of reinforced the kind of sought off shotgun stuff.15700:15:10,000 --> 00:15:19,000Similarly, the court in Dicta stated that firearm regulations will not implicate the Second Amendment if that weaponry cannot be used for law abiding purposes.15800:15:19,000 --> 00:15:23,000So this kind of establishes the idea that certain guns are not necessary.15900:15:23,000 --> 00:15:27,000We do not need bazookas, ladies and gentlemen, that is not necessary.16000:15:27,000 --> 00:15:37,000Further, the court suggested that the United States Constitution will not disallow regulations for evident criminals and the mentally ill from firearm possession.16100:15:37,000 --> 00:15:47,000So this is definitely an interesting one because the conversation of should criminals and should the mentally ill firearm possessions nowadays is very interesting.16200:15:47,000 --> 00:15:57,000In 2010, McDonald versus City of Chicago also went over the idea of Chicago banning handguns and the case law regarding that.16300:15:57,000 --> 00:16:07,000In 2022, which is kind of the most recent thing that happened in terms of this stuff, New York State Rifle and Pistol Association be brewing in brewing.16400:16:07,000 --> 00:16:13,000The court struck down a New York law requiring parties interested in purchasing a handgun for the use.16500:16:13,000 --> 00:16:15,000This is going to be very long winded.16600:16:15,000 --> 00:16:20,000So bear with me. My voice suits you that we're all on the same page.16700:16:20,000 --> 00:16:32,000Purchasing a handgun for the use of self-defense outside of the home to obtain a license because the law issued license on a may issue rather than a shall issue basis.16800:16:32,000 --> 00:16:40,000This may issue licensing method allowed state authorities to deny interested parties public use license for firearms.16900:16:40,000 --> 00:16:49,000If the interested party was unable to show proper cause as to why they have a heightened need for self-protection over the general population.17000:16:49,000 --> 00:17:01,000So in this situation, if you don't really understand it, the idea is definitely whether or not there's a real need basis for someone to have a gun in public, right?17100:17:01,000 --> 00:17:07,000Do they need to protect themselves so much that they may endanger the rest of the people in that situation?17200:17:07,000 --> 00:17:09,000That's the question, right?17300:17:09,000 --> 00:17:13,000Furthermore, the court disavowed the use of means and tests.17400:17:13,000 --> 00:17:17,000Many jurisdictions had adopted for the purposes of interpreting the second amendment.17500:17:17,000 --> 00:17:29,000Instead, ruling that a second amendment analysis is limited to evaluating the historical nature of the right and whether given use of a firearm or other weapon is deeply rooted in the history of the United States.17600:17:29,000 --> 00:17:42,000Post-Buren courts can no longer use a standard scrutiny analysis like they once seen in Kachachsky v. Conti of Westchester to determine if a gun regulation is constitutional.17700:17:42,000 --> 00:17:55,000No, instead a government wishing to place restrictions on firearm ownership must as firmly prove that its firearm regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.17800:17:55,000 --> 00:18:21,000In a concurrence, Justice Kavanaugh, joined by Justice Roberts, emphasizes that Bruin is not intended to invalidate shell issue licensing structures or other restrictions on firearm ownership, including fingerprinting, background checks, mental health evaluations, mandatory training requirements, and potential other requirements.17900:18:21,000 --> 00:18:39,000Additionally, this concurrence draws a line between objective gun control measures where an individual must pass a set of predetermined requirements which are constitutional and subjective gun control measures such as licensing at a state official's discretion, which are not some other stuff I left out.18000:18:39,000 --> 00:18:42,000But kind of that's the important stuff in this situation, right?18100:18:42,000 --> 00:18:56,000So at the end of the day, especially currently in 2023, the interpretation of carrying a gun has changed dramatically from the initial idea of what it was meant to be.18200:18:56,000 --> 00:19:03,000The initial idea was that people should have the means to protect themselves against the government.18300:19:03,000 --> 00:19:07,000And sure, that's still a common idea of why people should carry guns.18400:19:07,000 --> 00:19:26,000But the pure idea of it is having that means. Now it's either individual means or state means. Regardless, the only idea of the Second Amendment is being able to fight against your government in lieu of them potentially becoming some type of dictatorship or kind of authoritarian government situation, right?18500:19:26,000 --> 00:19:29,000So that was the initial purpose of the Second Amendment.18600:19:29,000 --> 00:19:45,000Now the idea of the Second Amendment has definitely changed a lot since that initial idea, as it was becoming more and more prevalent that people were focusing on the idea of having an individual right to have a gun to protect themselves just just cause right?18700:19:45,000 --> 00:19:55,000So having the ability to protect yourselves with a gun individually is kind of now the foremost purpose of the Second Amendment.18800:19:55,000 --> 00:20:00,000I want to have a gun. Sure, it might be able to protect themselves, but I have to protect myself in general, right?18900:20:00,000 --> 00:20:07,000It went from protecting myself against the federal government to protect myself every single day in every single situation that may occur.19000:20:07,000 --> 00:20:14,000So it changed quite a bit in that situation, whether that's good or bad, it's up for your own interpretation, of course.19100:20:14,000 --> 00:20:28,000And now we're moving into a situation where even all the kind of shallow issue structures that was input that was indicated in reference to post-Buran is becoming a afterthought, right?19200:20:28,000 --> 00:20:34,000Because now the majority of states in the United States are permitless carries.19300:20:34,000 --> 00:20:41,000And I'm going to do a whole podcast episode in reference to whether this is a smart thing or not, basically.19400:20:41,000 --> 00:20:49,000And I want to go in a lot of different perspectives. I'm going to dive into the research and dive into the data to kind of see, does this even make sense?19500:20:49,000 --> 00:21:01,000So we went from being able to use certain guns to protect ourselves to going like against the government to having a gun and protecting ourselves in every situation as an individual.19600:21:01,000 --> 00:21:12,000And went from beyond even the home to like in public to the point where we don't need any kind of stipulation on why or how or any training or reference to you having a gun.19700:21:12,000 --> 00:21:18,000Anybody in any situation can have a gun and obviously only use it to protect themselves, of course.19800:21:18,000 --> 00:21:25,000But any situation can allow a person I'm going even a criminal mentally ill. They don't need to have in a background check or anything like that.19900:21:25,000 --> 00:21:37,000Now, there is when you buy a gun in some states, even though it's permitless carry, you sometimes you still do have to do a background check to see if you're a criminal or mentally ill or whatever.20000:21:37,000 --> 00:21:46,000But regardless, the idea that currently that in a lot of states anybody can have a gun in any situation is a very interesting circumstance.20100:21:46,000 --> 00:21:51,000And I mean, will it become a nationwide thing? Very unlikely.20200:21:51,000 --> 00:22:01,000But it's interesting how we're becoming looser and looser on our opinion of using and having a gun is very interesting in that situation.20300:22:01,000 --> 00:22:07,000I don't really know why people have gone so much, but I understand the guns can be fun.20400:22:07,000 --> 00:22:10,000I mean, I used to be in the military. I fired a lot of guns, too.20500:22:10,000 --> 00:22:15,000But at the end of the day, it's a very interesting question to have.20600:22:15,000 --> 00:22:23,000It's a very interesting discussion to have. Sure, gun violence increase, mass shootings have increased.20700:22:23,000 --> 00:22:33,000But even in those situations, because I want to provide nuance in these conversations, even in those instances, the question of how easy they got the gun can be asked for sure.20800:22:33,000 --> 00:22:50,000But we also have to realize that in this generation, currently more and more people are becoming depressed, suicidal, unwell, influenced by more and more things and becoming more and more kind of unhinged.20900:22:50,000 --> 00:22:56,000Mental illness is becoming more and more of a thing. People taking pills and drugs is becoming more and more of a thing.21000:22:56,000 --> 00:23:03,000Right. So it's more than, you know, the opinions of using a gun becoming lax.21100:23:03,000 --> 00:23:14,000It's also the aspect of people and their mindset kind of changing in terms of their mental stability in this era versus prior one.21200:23:14,000 --> 00:23:18,000So there's a lot of perspectives and nuances.21300:23:18,000 --> 00:23:27,000One thing I will say is I'll never advocate for the fact that the government should be allowed to take guns. And the Second Amendment clearly indicates that the government will never be allowed to do this.21400:23:27,000 --> 00:23:35,000But I do think the question and the conversation should be had in is where is the line?21500:23:35,000 --> 00:23:38,000That's how I'm going to put it. Where's the line?21600:23:38,000 --> 00:23:47,000Now, let's go over the third amendment. Third amendment says no soldier shall in time of peace be quartered in any household without the consent of the owner.21700:23:47,000 --> 00:23:52,000Nor in time of war, but in a manner to be prescribed by law.21800:23:52,000 --> 00:24:00,000Very straightforward. And what this says, basically, you know, the military personnel are not allowed to force themselves in your home.21900:24:00,000 --> 00:24:10,000And that's just not OK. Very simple. We don't really have issues with this, especially since there's really never a time where foreign amateurs come to the United States.22000:24:10,000 --> 00:24:15,000They don't want that smoke. You feel me? So that this is a pretty straightforward amendment. Right.22100:24:15,000 --> 00:24:30,000We understand. I think we all understand. Fourth Amendment, the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue.22200:24:30,000 --> 00:24:41,000But upon a probable but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.22300:24:41,000 --> 00:24:55,000So search and seizure, I think we all kind of realize this and it's very interesting nowadays in terms of like how tick tock and virality and videos and clips and having videos on taking videos on your phone.22400:24:55,000 --> 00:25:04,000It's really kind of shed light on the importance of this issue, right? Not allowing cops to do whatever they want in different circumstances. Right.22500:25:04,000 --> 00:25:14,000You know, one order SVU makes you think that they are good all the time, but sometimes cops can be very inappropriate and definitely should get punished in those circumstances.22600:25:14,000 --> 00:25:21,000With that said, there are things to consider in reference to this amendment.22700:25:21,000 --> 00:25:27,000For instance, a warrantless search may be lawful if an officer is asked and given consent to search.22800:25:27,000 --> 00:25:36,000So if they ask if they can come in and you say yes, then they have every right to come in and search. Right. The search is incident to a lawful arrest.22900:25:36,000 --> 00:25:47,000So if they know in this circumstantially, but if they know that a the arrest needs to happen and arrest needs to happen, they have to prove this, though.23000:25:47,000 --> 00:25:52,000They have to prove this, of course, and there has to be like and like it needs to be apparent.23100:25:52,000 --> 00:26:14,000If there's probable cause to search and there's exigent circumstance calling for the warrantless search, I guess there's strict circumstances and exigent circumstances exist in a situation where a situation where a situation where people are in imminent danger, where evidence faces imminent destruction or prior to our suspects, imminent escape.23200:26:14,000 --> 00:26:22,000If a person about to run away, if a person is in danger, got a gun to someone's face, you know, stuff like that. Right. I think we understand it.23300:26:22,000 --> 00:26:30,000So we know how this stuff works, but there are caveats to how the amendment works as well.23400:26:30,000 --> 00:26:40,000The three things I listened to you are perfect examples. As for seizure. This is another very important thing in terms of cops and making sure you know your rights. Right.23500:26:40,000 --> 00:26:55,000These are important to knowing your rights. A seizure of a person within the meaning of the Fourth Amendment occurs when the police is conduct will communicate to a reasonable person taking into taking into account the circumstances surrounding the encounter.23600:26:55,000 --> 00:27:10,000The person was in up as a person is not free to ignore the police presence and leave at his will. So they can't just do whatever they want with you, but you can't just ignore the police and leave the scene. Right.23700:27:10,000 --> 00:27:18,000The moment you do that, then they're going to act. Right. So you always have to listen.23800:27:18,000 --> 00:27:27,000I know it's good. It's annoying. I agree. It's annoying. Especially when you haven't done anything wrong. Listen, do what they say. No, you're right. Stay steadfast and wait for them to leave.23900:27:27,000 --> 00:27:38,000That's really your only options in that situation. Right. Because at the end of the day, the police, I want to put things in perspective. The police have a job and there are good cops out there. They have a job.24000:27:38,000 --> 00:27:51,000They're here to do their job. They are told. Sometimes they're told something from a Karen. You got to think if a Karen goes like, hey, yo, this guy's a criminal. They only know from the perspective of the Karen that they said you're a criminal. Right.24100:27:51,000 --> 00:28:03,000So they're there to do their job. They have to be in their wits end. They have to be aware of their own safety. Right. So got to keep things in mind. Just do what you got to do. Get your phone out.24200:28:03,000 --> 00:28:16,000You know, usually I'm not with the whole thing of a anytime something happens, get your phone out. But in your situation where, you know, your life might be in danger, where you it's a really annoying circumstance of a cop.24300:28:16,000 --> 00:28:24,000Get your phone out. Video tape. Follow their instructions and know your rights. That's that's what's important. Time to go over the Fifth Amendment.24400:28:24,000 --> 00:28:38,000No person shall be held to answer for a capital or otherwise infamous crime unless a presentiment or indictment of a grand jury except in cases arising in the land or naval forces or in the militia.24500:28:38,000 --> 00:29:00,000When an actual service in time of war or public danger, nor shall any person be to be any person be subject for the same offense to be twice put in jury jeopardy of life or limb. You know, I'm not I'm not caught up in my like old style American English, you know, you know, lingo and linguistics.24600:29:00,000 --> 00:29:13,000Nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of a life liberty or property without due process of law, nor shall private property be taken for public use without just compensation.24700:29:13,000 --> 00:29:21,000So a lot of things right there. I'm going to break down the five born five most important things to get out of from what was just said.24800:29:21,000 --> 00:29:30,000The right to indictment by the grand jury before any criminal charges for felon feloness crimes right you always have a right to a grand jury in those situations.24900:29:30,000 --> 00:29:41,000A prohibition on double jeopardy. This is basically the idea is that they cannot keep charging you for the same crime that is not okay right that's not okay.25000:29:41,000 --> 00:29:55,000A right against force self incrimination. This is basically the idea is that you can, you know, have a right to an attorney you know those situations where they want you to say certain things and trying to force you to say certain things so you incriminate yourself.25100:29:55,000 --> 00:30:02,000You can just keep quiet. You don't have to say a single thing. You know, just keep quiet. A guarantee that all criminal defendants have a flare trial.25200:30:02,000 --> 00:30:19,000And, you know, that's pretty simple. They have the right to do process in that situation, you can't be corrupt and make it against them. You know I'm saying, and a guarantee that the government cannot seize private property without compensating you with the market value of the property so the government25300:30:19,000 --> 00:30:33,000can't come and just take your land. They can't do that you feel me so you gotta. If you have land, make sure you know your Fifth Amendment right so important stuff right there. Very simple in terms of the five stipulations know your rights.25400:30:33,000 --> 00:31:01,000Sixth Amendment in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, but an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation to be confronted with the witness against them to have compulsory process for obtaining witnesses in his favor and have the assistance of counselor for his defense.25500:31:01,000 --> 00:31:03,000Right.25600:31:03,000 --> 00:31:10,000So, in this situation, there's a few things to kind of pull out.25700:31:10,000 --> 00:31:28,000This is the rights of a criminal defendant, you know, even though that, you know, they may be a criminal, a lot of evidence is indicating them as such maybe everyone under American law has right, even criminals, especially in trial.25800:31:28,000 --> 00:31:42,000They have the right to a public trial without unnecessary delay, their right to a lawyer, the right to impartial jury, and to write to know who your accusers are and the nature of the charges and evidence against you.25900:31:42,000 --> 00:31:45,000They have the right to know all this now.26000:31:45,000 --> 00:31:48,000Know this stuff, bring out a man.26100:31:48,000 --> 00:31:50,000Sixth Amendment right.26200:31:50,000 --> 00:31:52,000Tell me what I'm charged for.26300:31:52,000 --> 00:32:06,000If you're if you're about to get ascertain right to a lawyer, of course, you know, it really gets starting and tough with public figures, you know, like if it is Sean Watson, you have to find jurors who know nothing about who you are.26400:32:06,000 --> 00:32:07,000Right.26500:32:07,000 --> 00:32:13,000So all this stuff is important to know important to consider and always, you know, know your rights.26600:32:13,000 --> 00:32:29,000Sixth Amendment in suits at common law where the value and controversy shall exceed twenty dollars, the right of trial by jury shall be preserved and no fat trial by a jury shall be otherwise reexamined in any court of the United States.26700:32:29,000 --> 00:32:44,000And according to the rules of the common law. So this is basically trying to distinguish, you know, civil law, civil claims versus like criminal ones. So, you know, sometimes you just don't need a jury.26800:32:44,000 --> 00:32:46,000Sometimes you can just do it with the judge alone.26900:32:46,000 --> 00:32:56,000You know, situation, for example, with Judge Judy, Judge Judy ones are the ones where, you know, talk to the judge and then kind of handle it there.27000:32:56,000 --> 00:33:05,000You know, if you get like a traffic violation, for example. So it really just indicates that a smaller situation, civil situations, you know, you don't need a huge jury.27100:33:05,000 --> 00:33:09,000You just do it with the judge alone, kind of distinguishing the two.27200:33:09,000 --> 00:33:17,000The eighth amendment, excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.27300:33:17,000 --> 00:33:29,000This is for the criminals. Right. Very interesting how many of the first 10 amendments is about like justice, basically, you know, law and justice.27400:33:29,000 --> 00:33:37,000So basically, the idea here is there's the judge or whoever the jury or whatever the the27500:33:37,000 --> 00:33:48,000cop or who they called. I forget what they're called. They the security in prisons. They have a specific name. I just forget. Correctional officers, I believe.27600:33:48,000 --> 00:33:58,000They are not allowed to torture a prisoner. They're not allowed to, you know, give a death penalty to someone who doesn't deserve it.27700:33:58,000 --> 00:34:03,000Like, for example, if someone was jaywalking, they don't deserve the death penalty. That's excessive. Right.27800:34:03,000 --> 00:34:12,000Excessive bail, you know, some situation where they stole twenty dollars a candy and go like a bail is set at five hundred thousand dollars, for example. Right.27900:34:12,000 --> 00:34:16,000So in those situations, this is to kind of protect against that.28000:34:16,000 --> 00:34:27,000The question on cruel and unusual punishment is definitely a conversation nowadays, especially for human rights activists, because, you know, the American prison system,28100:34:27,000 --> 00:34:43,000although I don't think it's the worst in the world, definitely has its flaws, of course. And the question of like a someone who's on drugs, do they deserve like this, you know, huge prison system, prison situation, the mentally ill, do they deserve to go to prison, for example?28200:34:43,000 --> 00:34:48,000So even like with the death penalty, like does anybody deserve to die, for example?28300:34:48,000 --> 00:34:57,000So there's a lot of nuance and conversation on what this cruel, unusual punishment actually means. So that's a conversation for another day. Right.28400:34:57,000 --> 00:35:08,000The ninth amendment. The enumeration in the Constitution of certain rights shall not be constructed or construed to deny or disparage others retained by the people.28500:35:08,000 --> 00:35:26,000So this basically means that James Madison put this amendment there to basically say, hey, yo, just because it's not in the Constitution doesn't mean that there's other rights that are implied or implicitly said by certain standards that you don't have as well.28600:35:26,000 --> 00:35:33,000Just because I forgot to write it in the first 10 Bill of Rights doesn't mean that it can't be added or doesn't mean that you don't have in the future. Right.28700:35:33,000 --> 00:35:41,000So it really kind of sets the it kind of opens up the door of the fact that I know that these laws are great, man.28800:35:41,000 --> 00:35:46,000James Madison was like, hey, man, these 10 are perfect. I'm a genius, but I need to keep things open.28900:35:46,000 --> 00:35:53,000I know humanity will evolve, so I'm going to keep things open. And that way I'm going to keep things open is the ninth amendment.29000:35:53,000 --> 00:36:04,000Great idea. Great idea. And the tenth amendment is the power is not delegated to the United States by the Constitution, nor prohibited by it to the states or reserved to the states respectively or to the people.29100:36:04,000 --> 00:36:08,000This is basically establishing the difference between federal powers and state powers.29200:36:08,000 --> 00:36:11,000And I know we've heard of it in terms of the federal powers.29300:36:11,000 --> 00:36:27,000It says in the Constitution, Article one, Section eight, that these enumerated powers include, among other things, the power to levy taxes, regulate commerce, establish a uniform law of naturalization, establish federal courts, establish and maintain a military and declare war.29400:36:27,000 --> 00:36:43,000Now, the question is, is the tenth amendment being held up in current American society? Because as of right now, the argument can be made that the federal government is expanding their powers into other situations, into other things.29500:36:43,000 --> 00:37:01,000Right. Anything that is not included in the things that I just mentioned, and there's probably other kind of straight powers of the federal government that I have not indicated here, but this is kind of like a good list for you is supposed to be powers that the state government has exclusively.29600:37:01,000 --> 00:37:11,000Right. So anything that is not here is something for a state government to decide what amongst its own people.29700:37:11,000 --> 00:37:21,000But the question with the federal government lately, and it's a weird, it's very interesting conversation to write in terms of how much power the federal government should have.29800:37:21,000 --> 00:37:27,000The amendment says eight better not step out of line, but they've been kind of definitely toeing the line.29900:37:27,000 --> 00:37:38,000They told me why. And it's curious. It's interesting that a lot of people on the left kind of want the federal government to have more power and to make more laws in in behalf of certain freedoms and all that stuff.30000:37:38,000 --> 00:37:54,000Right. But the question is, should they be allowed to do this and the concept back and forth with stuff like abortion, for example, with like the police, for example, even with like gun control, for example, marijuana, for example.30100:37:54,000 --> 00:38:15,000In those situations, there's always kind of like a a what's the word a kind of I don't know what the I'm thinking of the word, but I can't spit it out. But it's a kind of a plea to the federal government to expand its powers and make federal proclamations across the entire country.30200:38:15,000 --> 00:38:26,000Even though the 10th Amendment says, hey, you can't do that. And I'll give credit on the people on the right because a lot of them do say like, hey, man, we got to establish every station have their own way to do things.30300:38:26,000 --> 00:38:43,000You feel me? They can't be. If you want to vote, you better vote at the state level. And I do think the importance of voting at the state level should be definitely emphasized way more and not kind of like we've focused so much on the federal election and federal presidents and stuff like that.30400:38:43,000 --> 00:38:56,000But the state government, state laws, all that stuff should definitely be honestly a primary focus for people at the end of the day. So it's interesting. Is the federal government kind of pushing its boundaries?30500:38:56,000 --> 00:39:14,000You know, even the conversation with social media and trying to influence social media is also a thing. So something to consider, even with the tick tock thing, you know, with the they brought tick tock up, they kind of, you know, try to kind of pressure the CEO tick tock.30600:39:14,000 --> 00:39:27,000And some states should have the right. It should never be a federal law that you should they can ban tick tock that really shouldn't be in their power. But if a state wants to ban tick tock, they can. I believe Montana is considering banning tick tock.30700:39:27,000 --> 00:39:34,000So if a state wants to do it, they can. They shouldn't actually kind of like tick tock. I know you think that the Chinese are spying on us and they might be.30800:39:34,000 --> 00:39:47,000But as long as it's not as long as you don't have like tick tock and like a federal government situation and like you really shouldn't even have to talk on like a federal computer or a phone that was given to you by the government.30900:39:47,000 --> 00:39:55,000You shouldn't have tick tock on that anyway. But you know, I'm just saying, you feel me? So that's just my opinion. We're going to that. So those are the ten amendment.31000:39:55,000 --> 00:40:07,000Those are our bill of rights, ladies and gentlemen. And now as we wrap up the show, I'm going to rank the ten amendments on my personal preference.31100:40:07,000 --> 00:40:17,000What I think are the best amendments versus the worst amendments. They're all good amendments. They're all great amendments. They're all important amendments. But I'm just ranking them.31200:40:17,000 --> 00:40:33,000So with that said, number 10 ranked Bill of Rights, the worst Bill of Rights is honestly the 10th Amendment. The 10th Amendment should be one of the top ones, but it seems like people in the in the government, especially the federal government, are kind of ignoring it.31300:40:33,000 --> 00:40:45,000So I can't give credence to an amendment that is losing its value nowadays. So that's why it's number 10. Number nine, I gave the third amendment, not because it's very important.31400:40:45,000 --> 00:40:55,000I do not want some military personnel just coming in my house whenever they want. But it's just not as important as other amendments because we don't really have an issue with this in our country.31500:40:55,000 --> 00:41:16,000Number eight is the seventh amendment, I believe. Yeah, the seventh amendment is basically the one that kind of indicates what a kind of civil situation versus a criminal situation is very simple, very standard, all important, but not as important, I believe, in comparison to some of the other amendments.31600:41:16,000 --> 00:41:28,000Number, they're all important, by the way, just because I say it's not as important as I mean it's not important. I don't know why I have to say that, but I feel like I do because some of y'all are very emotional. I'm just saying.31700:41:28,000 --> 00:41:48,000I believe I'm doing number seven. Number seven will be eighth amendment, you know, excessive, important. But for me individually, I plan to never be a criminal. So not as important to me, but still important for people who are getting, you know, charged and all that stuff.31800:41:48,000 --> 00:42:01,000I don't want them to get, you know, in trouble for excessive. They don't excessive punishment for very petty crimes or even like average crime. They don't deserve no time to deserve excessive punishment.31900:42:01,000 --> 00:42:04,000Right. Pretty simple.32000:42:04,000 --> 00:42:22,000Six, I gave the six amendments. So the six amendments just kind of recap over that is the right to a speedy and public trial. So basically, this is the rights of a criminal defendant. So again, very important.32100:42:22,000 --> 00:42:32,000I plan to never be in that situation. Cross my fingers. I just got to be on my PS and Qs ladies and gentlemen, everyone, everyone of us have to be on our PS and Qs. I'm just saying.32200:42:32,000 --> 00:42:34,000Number five.32300:42:34,000 --> 00:42:48,000This is going to be controversial. My number five amendment is the second amendment. Now I know some people have like the second amendment number one, like I know who those people are. They definitely gun advocates.32400:42:48,000 --> 00:43:02,000You know, I like guns and all that stuff. You know, I think guns are cool. I don't think anybody should take all our guns. But at the end of the day, you know, the the amount of credence that people have to having a gun, just having a whole arsenal in their basement. I mean, it's overblown. Sure.32500:43:02,000 --> 00:43:09,000Especially if you live in a dangerous area where criminals can take a gun, right? You know, you want to be armed and you want to be ready.32600:43:09,000 --> 00:43:26,000But the amount of people who go like everybody should have a gun and everybody everybody should get this should be able to have a gun in public is this be saved. She she anybody they want because we have the right to bear arms.32700:43:26,000 --> 00:43:46,000You know, so I don't think it's not nearly as, you know, important as people believe it should be in terms of like everybody having a gun and the need to, you know, bear you keep your gun in every situation.32800:43:46,000 --> 00:43:59,000I don't think people need to have their gun publicly in every circumstance. Like I saw a picture of someone who went in a restaurant and he had an AR in his back. Like I'm like, bro, it's not that serious, bro. Why are you having an AR in your back?32900:43:59,000 --> 00:44:22,000What are you doing? I don't want my kids to walk around and see people with fucking pistols in their in their holster. I don't want to see that. Now, do I want to have my guns? You come to my house. But at the end of the day, why have people just carried ARs around?33000:44:22,000 --> 00:44:33,000What are we doing? What are we doing? Come on now. Number four is the Fourth Amendment. The Fourth Amendment, I believe, is the search and seizure unwarranted, you know, warrants and all that stuff.33100:44:33,000 --> 00:44:47,000So, you know, not not allowing people to just not allowing cops and the government officials to just come in your home and do whatever they want to come in your car and do whatever they want to just kind of like take advantage of you.33200:44:47,000 --> 00:44:59,000Right. So this gives you an important right to keep got keep cops at bay. Keep cops at bay. Number three is the Fifth Amendment. I like the Fifth Amendment.33300:44:59,000 --> 00:45:10,000This is that this is all the important stuff you need to know when you are on trial. And this is important. So you don't want to this. You don't want the you want to know these things.33400:45:10,000 --> 00:45:27,000You don't want the government taking advantage of you. Number two, this might surprise some people. The Ninth Amendment. The importance of the Ninth Amendment is extremely valuable to the Constitution from when it was originally created to twenty twenty three.33500:45:27,000 --> 00:45:41,000The ability to understand that, hey, there are more rights in here that I didn't write down that you need to consider. It's so valuable. It's so important. And I think this is a crux on, you know, constantly evolving the Constitution.33600:45:41,000 --> 00:45:51,000And this gives us the ability to constantly evolve the Constitution. So very important. And number one, is there any question? The First Amendment is that is number one.33700:45:51,000 --> 00:46:00,000Like, come on out. The freedom to say what I don't want any government saying, I can't say whatever I want. You feel me? So this is an important amendment.33800:46:00,000 --> 00:46:10,000So these are the ten Bill of Rights. Those are my rankings. Kind of go over it one more time. So these are my top ten are this.33900:46:10,000 --> 00:46:25,000These are my rankings for the ten amendments, the ten Bill of Rights from worst to best. They're all great. They're all good. Don't worry. Number ten, the Tenth Amendment basically indicating the differences between federal and state powers.34000:46:25,000 --> 00:46:31,000Number nine, the Third Amendment, not making sure that the military can stay in your home.34100:46:31,000 --> 00:46:44,000Number eight, the Seventh Amendment, basically indicating the difference between a civil case versus a criminal case. Number seven, the Eighth Amendment, excessive bail for criminals, excessive torture, all that stuff.34200:46:44,000 --> 00:46:52,000Number six, the Sixth Amendment, which is basically the rights of a criminal defendant, right to a speedy trial, right to a fair jury, all that stuff.34300:46:52,000 --> 00:47:03,000Number five, the Second Amendment, the right to bear arms. I think it's overrated. Number four, Fourth Amendment, which is the right of, you know, search and seizure, not letting cops do whatever they want.34400:47:03,000 --> 00:47:15,000Number three, the Fifth Amendment. So all your rights in a trial. Number two, the Ninth Amendment, basically saying there's more rights in the Constitution than is indicated in the Constitution.34500:47:15,000 --> 00:47:24,000And number one, the First Amendment, pretty standard. Come on. So that is all we got for today's episode. I think it was a great episode and kind of going over the Bill of Rights.34600:47:24,000 --> 00:47:31,000We will be back next Monday. Of course, like I said, leave a review. You can leave a review on Apple Podcasts or Spotify.34700:47:31,000 --> 00:47:45,000And of course, you can leave a review on my website, www.thetrendwithrtlfaith.com. Hope you guys enjoyed today's episode of the podcast. You'll have a good one. Take care and peace.