Rand Paul Is Right On The 10th Amendment
Mandeville, LA – Exclusive Transcript – “The Tenth Amendment does not cause someone to go out and smoke dope or do heroin or snort coke or whatever the case is. It simply does not. It doesn’t have a darn thing to say about it. The Tenth Amendment says it is a tool that can be used and should be used via the sovereign states to shield themselves from a ravenous federal government that’s exceeded its authority.” Check out today’s transcript for the rest….
Begin Mike Church Show Transcript
Mike: The entire process has been jail broke, in other words, into whatever it can imagine it can do with its legislative authority, even where that legislative authority doesn’t exist. Here is part of the exchange between Christie and Paul starring the Tenth Amendment.
[start audio file]
Jake Tapper: People on social media wanted us to ask about marijuana legalization. Senator Paul, Governor Christie recently said, “If you’re getting high in Colorado today,” where marijuana has been legalized, “enjoy it until January 2017 because I will enforce the federal laws against marijuana.” Will you?
Rand Paul: I think one of the great problems and what the American people don’t like about politics is hypocrisy, people who have one standard for others and not for themselves. There’s at least one prominent example on the stage of someone who says they smoked pot in high school. Yet the people going to jail for this are poor people, often African-Americans and often Hispanics, yet the rich kids who use drugs aren’t. I personally think that this is a crime for which the only victim is the individual. I think that America has to take a different attitude. I’d like to see more rehabilitation and less incarceration.
I’m a fan of the drug courts which try to direct you back towards work and less time in jail. But the bottom line is, the states, we say we like the Tenth Amendment until we start talking about this. I think the federal government has gone too far. I think that the war on drugs has had a racial outcome, and really has been something that’s really damaged our inner cities. Not only do the drugs damage them, we damage them again by incarcerating them and then preventing them from getting employment over time. So I don’t think that the federal government should override the states. I believe in the Tenth Amendment and I really will say that the states are left to themselves.
Tapper: I want to give that — I want to give the person that you called a hypocrite an opportunity to respond. Do you want to identify that person?
Paul: I think if we left it open we could see how many people smoked pot in high school.
Tapper: Is there somebody you were specifically thinking of?
Paul: Well, you know, the thing is —
Jeb Bush: He was talking about me.
Paul: Yeah, I was talking about —
Tapper: That’s what I thought but I wanted you to say it.
Bush: I wanted to make it easier for him and I just did.
Tapper: Governor Bush, please.
Bush: So 40 years ago I smoked marijuana and I admit it. I’m sure other people might have done it and may not want to say it in front of 25 million people. My mom’s not happy that I just did. Here’s the deal. Here’s the deal. We have a serious epidemic of drugs that goes way beyond marijuana. What goes on in Colorado, as far as I’m concerned, that should be a state decision. But if you look at the problem of drugs in this society today, it’s a serious problem. Rand, you know this because you’re campaigning in New Hampshire like all of us and you see the epidemic of heroin, the overdoses of heroin that’s taking place. People’s families are being torn apart.
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Mike: Stop it. Pause the digital media file right there. That doesn’t have anything to do with the Tenth Amendment. It has absolutely nothing to do with it, zero point zero. It has absolutely nothing to do with it. You’re confusing the two. The Tenth Amendment does not cause someone to go out and smoke dope or do heroin or snort coke or whatever the case is. It simply does not. It doesn’t have a darn thing to say about it. The Tenth Amendment says it is a tool that can be used and should be used via the sovereign states to shield themselves from a ravenous federal government that’s exceeded its authority. That’s all it is. It is not a healthcare mandate. It is not a clarion call to go out and pass this health policy or that health policy, nothing of the sort. To hear the other candidates: This happened and this country has a drug problem; we lost a child . . . . I’m sorry you lost a child. It doesn’t have anything to do with the Tenth Amendment. The Tenth Amendment did not cause the loss of your child. There are other things that had to occur and did occur that caused it.
This is where philosophical thinking — [mocking] “There you go again, you and the philosophy.” Well, it’s what’s missing. This is where clear philosophical thinking and reasoning must be applied. You get into this tit for tat. Okay, you’re confusing the issue here. The issue is Tenth Amendment. The issue is, where does the sovereign authority for this particular field of law — let’s call it drug enforcement or substance enforcement — where should it lie? In what sovereign sphere (local, state, federal) should it reside? Under the Constitution as ratified, it’s supposed to reside in the municipality. That means either in the city or the state. It does not reside with the Feds. That doesn’t have anything to do with how drug addicts are created. It doesn’t have anything to do with what drug addicts do or what accidental or curious or casual users. It has absolutely nothing to do with it. That is an accident of those laws.
To confuse the two is philosophical nonsense but it works. Now we’re not talking about the Tenth Amendment. Now we’re talking about how to treat drugs as a health hazard or a health issue. It is a health issue. As Governor Gary Johnson when he’s been on the show has said: Mike, I’m not a drug user and I never have been. I have great compassion for those that are and have problems. That’s a health issue. That’s not a penal system issue as we have made it. We have made it an issue where we lock people up and throw away the keys. We have busted entire families up and are proud of it because of it. That’s the distinction that Paul is trying to make. As a federal candidate, he is right to cite the Tenth Amendment and to take the humble position that: If Colorado is going to do that, that’s Colorado’s business. If Maine is going to do that, that’s Maine’s business. If Washington state is going to do it, if Louisiana is going to do it, if Texas or Oklahoma or whatever state is going to do it, that’s their business. That’s the way a federal system is supposed to work.
Now, if you continue to play the rest of the digital media file, you’ll hear that we’re not going to be talking about the Tenth Amendment and how it’s supposed to work. We’re going to be talking about drug enforcement. You’re going to hear Governor Christie go back and forth, and then Ms. Fiorina is going to get involved, and we’re going to hear personal stories of drug abuse. Drug abuse does not have anything to do with the Tenth Amendment. When you wonder: Why can’t we get things done? We can’t reform them because we allow this. We allow this instead of focusing on what is at hand and what is to be discussed. Instead, let’s inject in philosophical terms and call it the fourth term. There can only be three terms in a syllogism. I don’t want to bore you with philosophical process here. Let’s add a fourth term. And then let’s also totally confuse the issue by using a bunch of nominalism, in other words changing the meaning of what terms mean. Let’s pick the digital media file up and I’ll demonstrate this as we go along.
[start audio file]
Bush: . . . to play a consistent role, to be able to provide more treatment, more prevention. We’re the state that has the most drug courts. Across every circuit in Florida, the drug courts give people a second chance. That’s the best way to do this.
Paul: Let me respond. The thing is that in Florida Governor Bush campaigned against medical marijuana. That means that a small child like Morgan Hence that has 500 seizures a day and is failing on nine traditional medications is not allowed to use cannabis oil. Then if they attempt to do that in Florida, they will take the child away. They will put the parents in jail. That’s what that means. If you’re against allowing people to use medical marijuana, you’ll actually put them in jail. Actually, under the current circumstances, people who had privilege like you do don’t go to jail, but the poor kids in our inner cities go to jail. I don’t think that’s fair, and I think that we need to acknowledge it. And it is hypocritical to still want to put poor people in jail and —
Bush: I don’t want to put poor people in jail, Rand.
Paul: You vote —
Bush: Here’s the deal —
Paul: You oppose medical marijuana —
Bush: No, I did not oppose when the legislature passed the bill to deal with that very issue. That’s the way to solve this problem. Medical marijuana on the ballot was opened up. There’s a huge loophole. It was the first step towards getting to a [unintelligible 08:48] place. As a citizen of Florida, I voted no.
Paul: But that means you’ll put people in jail —
Tapper: I want to go right now —
Carly Fiorina: May I just say —
Bush: You brought my issue up —
Tapper: That’s true. Christie, please.
Chris Christie: I enjoyed the inner play. Thank you, gentlemen. I’ll just say this. You know, first off, New Jersey is the first state in the nation that now says if you are a non-violent, non-dealing drug user, then you don’t go to jail for your first offense. You go to mandatory treatment. You see, Jake, I’m pro-life, and I think you need to be pro-life for more than just a time in the womb. It gets a lot tougher when they get out of the womb. When there’s a 16-year-old drug addict on the floor of county lockup, that life is just as precious as the life . . .
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Mike: Stop the digital media file right there. This is an example of what I was talking about. Again, this is a federal debate. This is a federal debate about who is going to be the nominee for the Republican Party. This does not have anything to do with the question that should be at issue here, which is: Under whose authority are these laws to be administered? Again, Governor Christie is saying that the State of New Jersey has a law on the books . . .
End Mike Church Show Transcript