Mandeville, LA – Exclusive Transcript – I want to repeat, there are three instances under which the militia would fall under the control of the Congress, and then only to write rules for how they should be disciplined. The three instances are: there is a declaration of war, the country or a state has been invaded by a foreign warring force, or there has been a rebellion in one of the states and the governor or the legislature of that state has asked for help in putting it down. Those are the three instances under which Congress could write any kind of rule regulating any gun that existed or was owned in any of the 50 states. Check out today’s transcript for the rest…
Begin Mike Church Show Transcript
Mike: So it was broken yesterday because there were Republican defections. I have the list here. Here are the Republicans who refused to support the filibuster to stop the evisceration of the Second Amendment from making it to the floor of the Senate. I’ve already discussed this twice this week; let’s make it thrice. You take an oath to uphold and defend the Constitution of the United States. Last time I checked, one of the amendments that has been affixed thereto is Amendment Two. Amendment Two says: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
If you have listened to my Project ’76 — this is an effort that I began on my website at MikeChurch.com. I take 18th and 19th century texts and turn them into things that 21st century people can enjoy, meaning you can listen to it. We’ve made wonderfully entertaining audio features out of these. There’s a Project ’76 feature called “Militias Are Good And They’re Good For You, Part I and II.” It’ll take you 45 minutes to listen to both of them together. You’ll learn everything that you ever wanted to know about militias and the Second Amendment and why the Second Amendment was proposed and what its purpose was.
Senators take an oath, just like the members of the House, to protect and defendant the amendment. It would only take one senator using the old-fashioned tool of the filibuster to say: I am not going to allow the rest of you 99 yahoos to repeal parts of or begin an assault on repealing the Second Amendment, so I’m going to filibuster you. This is not going to make it to the floor. We don’t have any authority to regulate the militia. We haven’t declared a war. We haven’t been invaded. There’s no rebellion in any state to put down. The militia is not under our control.
I want to repeat, there are three instances under which the militia would fall under the control of the Congress, and then only to write rules for how they should be disciplined. The three instances are: there is a declaration of war, the country or a state has been invaded by a foreign warring force, or there has been a rebellion in one of the states and the governor or the legislature of that state has asked for help in putting it down. Those are the three instances under which Congress could write any kind of rule regulating any gun that existed or was owned in any of the 50 states. Those are the three instances. There is no declaration of war that I’m aware of, we have not been invaded by a foreign force, and there is no open and armed rebellion in any of the 50 states. The qualification to then write a law that has anything to do with keeping or bearing arms has not been met. This thing shouldn’t even see the light of day.
[mocking] Mike, how do you know that those are the only three instances? You claim you know all these things about the Constitution. How do you know? What’s your source?” I’ll tell you what the source is. The source is the debates over the Second Amendment and the need for it. The source is the conversations and debates that were held in the ratifying conventions in Virginia and Pennsylvania and North Carolina over the regulation of the militia, where antifederalists like George Mason, Colonel Henry Grayson, James Monroe and Patrick Henry, among others, would rise to the floor and say: We’re not giving control of our militia up ever. Don’t ratify the Constitution. It will be the end of us. We’ll have a standing army. They’ll come in and invade us. They’ll shut our government down and shut us over. Federalists like James Madison, Alexander Hamilton and the rest said: No, that’s not true. The Constitution is clear. There are only three instances in which we would have any control over your militias and the arms that they bear. Those are the three instances that I just gave you. That is part of the historical record, like it or not.
So 14 Republican members of the United States Senate have chosen political expediency and the love of hosts on MSNBC over their oath to defend and protect the Constitution of the United States. It’s not shocking. I’m not surprised. Please, don’t misunderstand. I did not expect that any of these senators would not have done this. I’m simply pointing out the way things ought to be, that it should not be working this way. Of course, this just underlines and underscores why the Constitution is a dead letter, a dead instrument. It ought to be our duty and goal right now to start talking about forming those new federations and new alliances of states so that we can re-draft constitutions and start over again.
Here are the 16 turncoat senators: Lamar Alexander (TN), Kelly Ayotte (NH) — you people in New Hampshire, live free or die my behind. What in dude’s holy name were you thinking when you sent this warmongering, Constitution-shredding woman to the United States Senate? What were you thinking? On whose advice did you send Kelly Ayotte? Good grief! Richard Burr (NC), Saxby Chambliss (GA) — you people realize in Georgia, the great State of Georgia where Augusta National is headquartered, you do realize that both of your United States senators are absolutely useless, have rendered themselves nugatory and offensive. Saxby Chambliss voted to not “stand with Rand” as the phrase goes. Tom Coburn (OK), that’s a surprise. Susan Collins (ME), no shocker there. Bob Corker (TN), Jeff Flake (AZ) — flake ought to know better. I’ve had Jeff Flake on this show way back in the day. You would think he’d be one of the guys that would expend every energy imaginable to stop this travesty from occurring. Lindsey Graham (SC), no shocker there. Dean Heller (NV), John Hoeven (ND), Johnny Isakson (GA), Mark Kirk (IL), John “Rambo” McCain (AZ), Pat Toomey (PA), and Roger Wicker (MS). For the first time in a long time, I can actually say that David Vitter did the right thing. The two Democrats who voted for the filibuster were Mark Begich (AK) and Mark Pryor (AR).
The bill now makes its way to the floor of the Senate. Harry Reid has three strategies that he can pursue. Number one is he can pursue the Toomey-Schumer Gun Control Bill. This guy Pat Toomey, who was lauded as [mocking] “He’s the conservative’s conservative. He’s what Pennsylvania has been waiting for all these years.” If this is the best that Pennsylvania has, again, the Keystone State is in heap big wampum trouble. Toomey has teamed up with Senator Manchin to introduce the so-called compromise gun control bill. The reality is that this bill is even more dangerous than Feinstein’s, and that’s option two, the Feinstein outright gun ban. There is the high capacity magazine restriction bill. So there are three angles they can take on this.
No one knows how all of this is going to play out. It is, though, satisfying for me in a professional sense because Professor Gutzman and I, for the last five or six years, have been predicting this very sorry and sad state of affairs if the Supreme Court kept incorporating the Second Amendment, saying that it had the right to strike down the regulation of the militias and the arms born in same in the states. This is why you don’t favor incorporation. Now there’s a good chance that we will get some manner of one-size-fits-all, top-down, illegal, unconstitutional albeit federal regulation on magazine clips or some silly waiting period or some silly mental evaluation scheme that we’ll all have to now go through because no one in the states will stand up to any of this. It was feared at the time of the ratification of the Constitution that if the militias were ever rendered null or ever undermined in any way, shape, or form — George Mason actually said this — it would be the end of liberty in North America, the end of liberty in North America.
End Mike Church Show Transcript