Second Through Tenth Amendment Explained: Our Constitution is still alive and applicable today! As citizens, we all have a duty to study the Constitution, to understand where our rights and our freedoms are laid out in that document, and how our government structure should work. The reason our government continues to overstep its boundaries is that “we the people” don’t know what those boundaries are! Tune in now for the first part of our three-part series!
Air Date: 08/07/2019
On-air Personalities: David Barton, Rick Green, and Tim Barton
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Transcription note: As a courtesy for our listeners’ enjoyment, we are providing a transcription of this podcast. Transcription will be released shortly. However, as this is transcribed from a live talk show, words and sentence structure were not altered to fit grammatical, written norms in order to preserve the integrity of the actual dialogue between the speakers. Additionally, names may be misspelled or we might use an asterisk to indicate a missing word because of the difficulty in understanding the speaker at times. We apologize in advance.
Faith And The Culture
Welcome to the intersection of faith and the culture. This is WallBuilders Live! Where we’re talking about today’s hottest topics on policy, faith, and the culture, always doing that from a Biblical, historical, and Constitutional perspective.
We’re here with David Barton, America’s premier historian and the founder of WallBuilders. Also, Tim Barton, national speaker and President of WallBuilders, and my name is Rick Green, I’m a former Texas state legislator, national speaker, and author.
You can find out more about our program at WallBuildersLive.com, and then more about our entire organization at WallBuilders.com. There’s a wealth of information at both of those websites.
Today we are starting a series. It’s actually going to be a three part series, and you’re going to want to be able to share all those links with your friends and family. So make sure you check out WallBuildersLive.com, go to the archives section, and at the end of this week you’ll be able to grab all three pieces of this particular series and share that with your friends and family. We’re diving into the Constitution this week! We’re going to be talking about the Bill of Rights, and we’re bringing you Section 9 out of Constitution Alive and sharing it over the airwaves with you.
Now, if you want the full Constitution Alive with David Barton and Rick Green program, it’s available at WallBuilders.com. This week we’re going to share with you a full section from the Bill of Rights, teaching you on each of those first ten amendments to the Constitution.
Let’s dive right in. Here’s Constitution Alive with David Barton and Rick Green.
Blackstone’s Commentaries on the Law
Welcome back to Constitution Alive with David Barton and Rick Green. We’ve covered a lot of ground, we’ve talked about the Presidency, we’ve gone through Congress, the Judiciary and we’ve started with the Bill of Rights. In our last section we covered the First Amendment, and now we’re gonna cover the second to the tenth. So a lot more ground to gain. These are all of our inalienable rights that we want to protect.
And if you go back to what was said about the fundamental principles from the declaration that frames the Constitution, you start with, “There is a God, He gives unalienable rights. Governance exists and protect those rights, and there is a fixed moral law called the laws of nature and nature’s God.”
At the time that was included in the Declaration, everybody knew where that came from, it came from this sort of books right here. This is Blackstone’s Commentaries on the Law, introduced about 1766-69, four volume set. This is what American attorneys study, because we were still British citizens back then.
Thomas Jefferson made the comment that American attorneys studied this in the same way that Muslims studied the Quran, so they knew this. It is in volume one here, in the second chapter, that Blackstone—and by the way, Blackstone was so significant to the Founding Fathers. Of all the potential thousands of books that are out there on government in the founding era from from 1766-69, he is the second most cited source by the Founding Fathers.
Rural and City
He was a huge impact.
The number one most cited source was the Bible. Thirty four percent of all their quotes coming back to the Bible in the founding era. And then you had folks like Baron Charles Montesquieu, who was the single highest human cited source, and he is the second highest human source. So these are the guys.
But here you get that phrase the laws of nature and nature’s God. And as Blackstone points out, that deals with the revelation of God because God revealed himself in nature, and God also revealed himself in laws—the laws of nature and the God who created nature—and the laws of the God who creates nation. That’s the Scriptures.
So that’s not just any religion, it’s not just a new age kind of sense, there’s a specific revelation.
The Holy Scriptures. So it is the Bible. But what’s interesting in this is they train. They were trained to think in a way we don’t think today, and they were very agrarian society. Even if you lived in Boston, you still had to deal with horses, and had to deal with animals and livestock.
You will find that people who are raised in the country have a different view of the laws of nature than those that the city. If you’ve been raised in New York City and you’ve grown up your whole life—and a lot of folks in New York City have never gone out of a six block area square—I’ve met them those high rises, they’ve got doctors, and they’ve got beauty salons, and they’ve got grocery stores, their whole life is right there.
Literally we used to take groups of kids out of New York City to Long Island and let them walk on grass. They’d never done it. There’s grass in Central Park, but a lot of kids and they’ve been there.
And then you’d pointed a cow and I’d say, “That’s a cow. That’s where you get milk from.”
“No it’s not. We get from that cart.”
That’s not an exaggeration. I served on the Add Committee, and I remember we actually used to have displays at the livestock shows to bring those kids in. Teach these kids. “That’s where the milk actually comes from.”
So if your world is contained in the city you have never been exposed you’ve never been exposed to it.
And if you don’t have that rural mentality, you miss the laws of nature. Now, the laws of nature are interesting for a number of reasons. The laws of nature tell you what’s right and wrong. So the Founding Fathers said, “There’s the laws of nature and the laws of Nature’s God,” and kind of explain how this works.
I’m a cowboy. Get the ranch, get the horses, get the cattle. All the stuff that goes with it. So I do a lot of trail riding.
You’ve got to have a horse that you absolutely trust, you’ve got to be bond with your horse, because you get in dangerous situations. So if I tell my horse to go off the side of the cliff and walk that goat trail, the horse has got to be willing to do it because it does anything goofy all, I’ll be the one going down.
Horses, an Example of Natural Law
So I had a great relationship with this mare. Well, she had a little foal, and when she had that foal I go into the barn to feed that horse.
I’ll come out with the footprint of the in my forehand because it is built into her that, “I have to defend my young.”
That’s my barn. I built it for you.
But she thinks that’s her home. It’s supposed to be the mare that trusts you, right? And that’s what changed?
What changed is the laws of nature. The laws for animals, for anything created in nature, is to defend what it considers to be it’s home and to defend what it considers to be its young, and to defend its own life. If you come after her with malice, she will fight That’s a law of nature.
I don’t need the Bible and I don’t need any civil parchment to tell me I’ve got a right to defend myself. That’s a law of nature. Same for your family, same with property ownership. I don’t care whether you’re a snake, or whether you’re a rat, or a mouse, or a raccoon. When you’re born, you find something you consider to be your home and you live there, and you will defend that. You have a right to that property around there.
Now, you die and pass on, and somebody else gets it. But you have a right to property. There is private property is not owned collectively deer don’t own a bunch of property. They will stake out what they consider to be their own turf.
So you have a natural right, or a law of nature, that says you get the right.
There is No Slavery in Nature
The Law of Nature also says you have a right to liberty.
Now, significantly, you look, and Elk don’t enslave Possums, and rabbits don’t enslave cows. There’s over 10 million species in nature, and you don’t have slave.
So there’s no slavery.
“Well, how come our Founders didn’t understand that if they wrote “‘the laws of nature and nature’s God?’”
Well, what happens today is our education is so lousy and we look for the Founding Fathers and we’re happy to point out slave owners.
Bring A Speaker To Your Area
Hey, this is Tim Barton with WallBuilders. And, as you’ve had the opportunity to listen to WallBuilders Live, you’ve probably heard a wealth of information about our nation, about our spiritual heritage, about the religious liberties, and about all the things that make America exceptional.
And, you might be thinking, “As incredible as this information is, I wish there was a way that I could get one of the WallBuilders guys to come to my area and share with my group.”
Whether it be a church, whether it be a Christian school, or public school, or some political event, or activity, if you’re interested in having a WallBuilders speaker come to your area, you can get on our website at www.WallBuilders.com and there’s a tab for scheduling. If you’ll click on that tab, you’ll notice there’s a list of information from speakers bio’s, to events that are already going on. And, there’s a section where you can request an event, to bring this information about who we are, where we came from, our religious liberties, and freedoms. Go to the WallBuilders website and Bring a speaker to your area.
70% of the Founding Fathers were Anti Slavery
I was at a law school recently, and I put a picture of the signers of the Declaration of Independence, all 56 of them, and I said, “You know, isn’t it unfortunate that these guys are racists, slave owners, and bigots?”
“Yeah. That is unfortunate. Too bad America’s founded on that.”
Then I said, “By the way, who in that picture owns slaves?”
They said, “Well, Thomas Jefferson.”
They didn’t name a single one. They didn’t get any further.
I said, “No, there’s 56 folks here. You named one that owned slaves, and so on the basis of one owning slaves, are they all slave owners, and racists, and bigots?”
They did know what to say.
I started going through and showing all the anti slavery founders. 70% of the Founding Fathers were anti slavery abolitionist.
So those 70 percent jump the other 30%. This follows the laws of nature. There is nothing in the law of nature that that enslaves any others. This is a violation of national law. The abolitionist John Quincy Adams, and others that we’ve talked about, that’s what they used. They did using the scriptures. They didn’t need to because they could see the law of nature.
Now, in the same way, moral rights and wrongs come from nature. For example, there is no species in nature that kills this young while still in the womb. There’s no natural law for abortion. OK, whether evolution or creation, abortion—killing the young in the womb—is a violation and not based on just, natural law.
Natural Law Does Not Support Abortion
Based off nature, you have a pro-life argument.
That’s right. I don’t need to use scriptures to say that.
I can say the same with homosexuality. They exist in a few species in nature—out of ten million species—you can find a few that have it occasionally. But even in those species, it is an aberration, which is why the early American law books—Blackstone’s and other American law books—they didn’t use the Bible to say is wrong. It was called a crime against nature.
It violates the laws of nature, and they aren’t made by human beings. We can pass laws all day long and say, “We suspend the law of gravity.”
So that’s a position they had. So when they said the laws of nature, that told them certain things were right and wrong. Try finding and rape in nature. As a matter of fact, you have a right of association in nature. Once you’re born, you can pick the herd you want to run with, and you run with that herd and if you decide, “I’m tired of that herd. I’m going to that herd over there.”
You can do that you can. And that’s what the Founding Fathers called the right of expatriation. I can leave one herd and join another. That’s where you get the First Amendment right of association. I can choose to be with who I want it. So all of these are natural rights.
Now here’s the problem. Being a cowboy like I am, under the laws of nature, is there theft? You bet. It’s a common part of the laws of nature.
Law of Nature’s God
If I’ve got several horses, I’ll feed them and they’ll try to steal the food from the other horses. They don’t stick with their own. They want everybody else’s food. And then when you look at nature, is adultery common in nature? Oh yeah. Monogamy is not normal. That’s why you have one bull and 40 cows, because monogamy is not common. Then you look in nature and you say, “Is murder common in nature?”
You ever see what a skunk does inside a hen house? They don’t go in there to eat meat. They go in there to slaughter the chickens. Then you look at things like incest. Is that common in nature? Absolutely. That’s why a cowboy will not ride a Mustang, because they’ve been inbred for so many generations. They don’t have stamina and strength. Well, if the laws of nature is what we used, then how do you explain that? That’s where you have the laws of nature’s God. God comes through in the Ten Commandments and says, “Don’t murder. It may become in nature. You don’t murder. And by the way, you don’t steal.”
Between the laws of nature and nature’s God, you get the rights and wrongs.
it’s nature’s God that really civilizes it, as you say, instead of being the wild laws of nature.
you can see that’s where available rights come from. I have an available right to life that came without any civil government telling me. I have a right to liberty from the moment I was born, and the right to be free, and the right to associate with who I want to, and the right for certain sexual behavior, not to be part of rape.
Right to Defense
That’s not part of the laws of nature. I have the right to defend myself, whether you like it or not. I’ve got a right. That’s a natural law. That’s really the origin of what we have as the Bill of Rights.
And when you look at the Bill of Rights and we’re gonna study the rest of those you went first amendment and last lesson we’ll go through the other members this time they’re all and really tracks back to the laws of nature and nature’s God which establishes a fixed moral absolute. It is absolutely 100% right to protect the right to life. It’s a 100% right to protect the right of self-defense.
Because those are established by God.
That’s becoming civilized part is: the role of government is to protect to protect those rights. So you’ve got a right to that life. If in nature something was trying to take your life, it’s government’s job to protect you. You have a right to protect yourself from it, but even if you couldn’t, that’s the government’s job.
And by the way, it’s often the government who violates those rights, not just individuals. It’s not just thugs and try to take my property the government try and take my property through the takings and that’s why I put the takings clause and the Fifth Amendment to say government you can’t take private property you gotta leave it it’s individuals private property and I want to defend myself and the government says you can’t defend yourself you can’t own guns no it’s not. it’s often the government abolished the very rights and therefore we say government these are off limits to you and not only can you not violate them you have to protect them.
The Second Amendment
And that’s what creates what’s in the Second Amendment.
That’ll be the first one we cover to when we get to Philly. But before we go to Philly, I wanted to mention: in our workbook, we have an article that we printed from you on slavery and the Founding Fathers, because you were mentioning that chance to dive in a lot deeper there, and folks can get it on our website at WallBuilders.com.
Alright, well, let’s go back to Philadelphia to Independence Hall. We’ll dive in a little deeper to the Second through Tenth Amendments, those inalienable rights. In fact, the kids are gonna help teach there at Independence Hall.
How about Second Amendment? As a Texan, you know I’m going to want to cover the second amendment a little bit, right? So instead of me covering it though, I’m going to ask for another one of my boys to come up! Reagan Green is gonna come up and help us out. He’s gonna share with us a little bit about the Second Amendment. Welcome Reagan! Come on up.
Richard Henry Lee was the Founding Father in the Continental Congress who made the motion for America’s independence on June 7th 1776. Who, by the way, was sitting right over here when our Declaration of Independence was signed. Lee once said, “To preserve liberty, it is essential that the whole body of all people possess arms and be taught how to use them, especially when young.”
This might explain why John Quincy Adams, sixth president of the United States, was out with the Massachusetts Minutemen doing musket drills when he was only eight years old.
The Founding Fathers said that the Second Amendment is the one that protects all our other freedoms.
The Definition of Militia
It 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.”
At that time, the militia was every man that could fire a rifle. This freedom wasn’t for the official military. It was for we the people.
Which is why it said, “The right of the people to keep and bear arms shall not be infringed.”
Even if you don’t like hunting or guns as much as our family, you would be wise to help protect the rights of other families like ours so we can keep our guns, just in case someday we need to use those guns to help protect your rights back.
Good job, buddy.
I’m sorry we won’t be having shooting lessons tonight outside.
- So that’s it for tonight. But you know, with the movie Red Dawn being redone, I think it’s important that we all recognize that the Second Amendment, just in case we do get invaded by anyway.
Alright. So there’s the Second Amendment for you, a lot of debate on that issue over the years. The Supreme Court did hear that case—the McDonald case we talked about last night—that finally, for the first time, Supreme Court weighed in and said, “Yes, it is an individual right to keep and bear arms.”
That was something that was really up in the air as far as how the court would rule on that over the years.
I thought I was ready, I’m a Type A personality. I had shot my gun out at the ranch but I never had any real training, I didn’t think I needed it. I’m a person of action, I’m going to get it done. I just knew that if the time ever came that I wouldn’t need to step up and defend my family that I would.
But, I was wrong. When the moment came I froze. I didn’t have the training, or the confidence, I didn’t have the skills needed to defend my family. And, I never, ever, want to be in that situation unprepared again.
Fortunately, my moment of truth came in a simulation. So, it wasn’t the real world. Man, it was a wakeup call for me. It began a journey of preparation and training so that I could defend my family.
I know for thousands and thousands of families out there every year, the brutality of evil becomes very real. It’s not a simulation, it happens to them, and they have to live with that devastation.
I want to know that when evil comes knocking on my door, that if that situation ever becomes real in my life, that now because of the training and the preparation, Lord willing, I am ready. I want you to be ready as well.
Have you ever wanted to learn more about the United States Constitution but just felt like, man, the classes are boring or it’s just that old language from 200 years ago or I don’t know where to start? People want to know. But, it gets frustrating because you don’t know where to look for truth about the Constitution either.
Well, we’ve got a special program for you available now called Constitution Alive! with David Barton and Rick Green. It’s actually a teaching done on the Constitution at Independence Hall in the very room where the Constitution was framed. We take you both to Philadelphia, the Cradle of Liberty and Independence Hall and to the WallBuilders’ library where David Barton brings the history to life to teach the original intent of our Founding Fathers.
We call it the QuickStart guide to the Constitution because in just a few hours through these videos you will learn the Citizen’s Guide to America’s Constitution. You’ll learn what you need to do to help save our Constitutional Republic. It’s fun! It’s entertaining! And, it’s going to inspire you to do your part to preserve freedom for future generations. It’s called Constitution Alive with David Barton and Rick Green. You can find out more information on our website now at WallBuilders.com.
The Seventh Amendment
Now, Seventh Amendment this is where you get your right to a jury trial in a civil case. But there is a big hurdle here. It’s a it’s a huge hurdle, it’s got to be a lot of money at stake. Everybody looked down to Seventh Amendment there and tell me how much money has got to be at stake for you to get your jury trial on a civil case.
Twenty bucks, man. Twenty dollars. So we’re talking, unless you’re suing the gumball manufacturer cause you got the wrong ring, you’re probably going to have to get the jury trial. All right. So that’s the seventh, man.
Also Seventh Amendment is incorporates the common law. So it’s important for us to remember that it suits that common law where the value in contrast shall exceed 20 dollars. A jury trial shall be preserved and no fact tried by a jury. I love this. I wish we still did this.
“No fact tried by a jury shall be otherwise re-examined in any court of the United States, then according to the rules of the common law.”
Boy we have lost that.
The influence and the the the last bastion of protection of a jury trial has really been lost in our jurisprudence today. It used to be we actually called them courts of justice because the goal was justice. Then we started calling them courts of law. And now we just call them courts.
The Devolution of the Jury Court
The way that that has devolved, in my opinion, we’ve lost a lot of justice because we used to be you had the right of what we called jury nullification, a jury could say, “Yes. The law says this. Yes, the person did this. But we as a jury think that’s an unjust law, or it is unjustly applied in this situation.”
The jury was the one that would protect an unjust law from being forced on someone these days. Man, we basically say to a jury, “Fill in the blanks. Yes or no, that’s your only option.”
We take away their real opportunity to have the final decision in so many of these different cases out there, and without getting too far in the weeds, I just think we need to rethink the fact that a jury of our peers should have the ability to hear everything in the case. We ought to stop holding stuff back from the jury, and a jury of our peers ought to have the ability to reason and make the final decision. Unfortunately today we do very little of that, and we allow anything that the jury does pretty much to now be appealed and a judge overturn what the jury did.
Yes sir. Question?
Has the law changed, or just the methodology changed? Because my understanding is jury nullification is still an option. Yeah. They almost never tell the jury. That’s not the case.
Not only do they not tell them, they either ignore it or overrule it. You end up with your de novo decisions, and you and your judges that are saying, “Hey, you know what the jury might have found that, but we’re smarter than you.”
How Do We Fix It?
And again, as that high priest of the law mentality that the judges know better than the people, but you’re right. It’s still there in the Constitution. Those protections are still there.
But I forget the phrase you used. Not the law has changed, but the methodology? Was that the word you used? Yeah. It’s the methodology that’s changed. No doubt about it. So again, it goes back to a generational change, us educating our Congressmen. And here’s the good news. This mentality of the law moving away from a constitutional basis and a strict constructionist basis to this living breathing document. Most law schools are all into this living breathing document that empowers the judiciary and empowers the legal community because we’re all too dumb to do it.
But you’ve got some new law schools over the last 20 years or so that are raising up a whole new crop of attorneys and future judges that are actually strict constructionists, very much into the Founding Fathers study and all the things that we’re talking about, and not so sold out to stare decisis to say, “That doesn’t matter what the founders did, it’s what the last judge said.”
And they’re saying, “No, it does matter what the founders. The last judge on the decision got it wrong. We need to correct that.”
If the judges were so perfect, Dred Scott would still be the law of the land.
The Supreme Court of the United States said, “No black man has any rights that any white man has recognized.”
That was wrong, wasn’t it?
Educate Yourselves to Know your Rights
But we don’t say, “Just because the court said it, we’re never going to overturn it.”
We say, “Hey, the court gets things wrong. We need to correct it. And if they get their interpretation wrong of what the founders in this room said for the Constitution, we need to correct it over time and get to empowering the jury.
A great great point on that, sir, is that we should make sure that we educate our friends, family, and neighbors, and say, “You know what? Don’t run from jury duty. We need you on the jury.”
That that’s one of our responsibilities under this Constitution. We want good justice. We want a good system.
We’ve got to be willing to go do it. I know it’s only six bucks a day. I know it’s painful to do it, it takes you away from your family. It takes us away from our work. But it’s a duty that we have. If we want good government, we’ve got to participate in that government, and maybe the more we know about it, we can raise it when we’re on a jury panel. We can ask the judge why don’t we have the opportunity to hear that evidence. Why don’t we have the opportunity to actually make the decision, not just fill in the blanks that you’ve got for us here.
So I think this can get better partly because we the people get more educated, but also because of these law schools and new attorneys that are that are getting turned out out there.
Tenth Amendment and More! Stay Tuned Tomorrow!
Well, we’re out of time for today, folks. You’ve been listening to Constitution Alive, it’s Section 9, where we dive into the Bill of Rights. We’re gonna do that today, tomorrow, and the next day, and give you a chance to learn a lot about our Constitution. You can learn the entire Constitution by getting Constitution Alive on DVD, and workbook, and actually open up your home, or your Sunday school class, or wherever you can, and share it with other people.
It’s called Constitution alive with David Barton and Rick Green.
You can find out more about it at our website, WallBuilders.com. Don’t miss tomorrow, we’ll pick up right where we left off today with Constitution Alive.