Mandeville, LA – Exclusive Transcript – Let me give you the latest example of losing republicanism, this God-awful ruling that comes from the Supreme Court of the United States yesterday. You can read Scalia’s entire dissertation on why Kennedy was in error in leading a 5-4 majority in favor of universal DNA swabbing. Now, if you get arrested for anything, wherever it is that you’re arrested at, if Deputy Fife decides he wants to swab you to grab some DNA, it’s now a one-size-fits-all permissible rule. Check out today’s transcript for the rest…
Begin Mike Church Show Transcript
Mike: Let me give you the latest example of losing republicanism, this God-awful ruling that comes from the Supreme Court of the United States yesterday. I’m reading Anthony Kennedy’s ruling and just shaking my head going: What did I expect? Then I go and read the dissent and I’m even more depressed. I go read Antonin Scalia’s dissent, and as I’m reading his dissent I’m screaming at my MacBook screen and demanding to know of Antonin Scalia why he does not make the conclusion, and he never does — you can read the entire thing. It’s posted in today’s Pile of Prep. You can read Scalia’s entire dissertation on why Kennedy was in error in leading a 5-4 majority in favor of universal DNA swabbing. Now, if you get arrested for anything, wherever it is that you’re arrested at, if Deputy Fife decides he wants to swab you to grab some DNA, it’s now a one-size-fits-all permissible rule.
The reason that Scalia’s dissent is so frustrating is that he actually quotes the Virginia Ratifying Convention and talks about how there were demands for a bill of rights, and how the process then made it to the first Congress, then Madison submits his first draft of what the Fourth Amendment ultimately becomes. The Fourth Amendment was made so that the citizenry were protected in their properties and in their papers. You had to have probable cause and a warrant to search. Scalia never one time ever mentions that those ten amendments, as we all know if you listen to this show regularly and have read Tom Woods and have read Kevin Gutzman and Brion McClanahan and Donald Livingston and Albert Taylor Bledsoe (my new book out Is Davis A Traitor?) or have read 18th century texts on how the founding generation and the three generations after them thought about the Constitution, then you know that those first ten amendments were aimed squarely at Washington, DC.
It didn’t have anything to do with Annapolis, Maryland, which this case came out of. It didn’t have anything to do with Baton Rouge, Louisiana. It had everything to do with seeing to it that the new federal government would not search without warrant. It had nothing to do, nothing to do with the State of Maryland. If you read your own state’s constitution, you will find that there probably is a fourth amendment. You probably have one in your state and in your own state constitution. I know there’s one in the Louisiana Constitution. I’m pretty sure that there’s one in Texas. I think there’s one in almost every constitution. It may not be worded the same as the Fourth Amendment to the U.S. Constitution is worded, but it’s probably very similar…
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