ProFamily Legislature Conference-David Barton On The COVID Crisis Part 5 – The COVID crisis is now undeniably a huge part of our lives. The hypocrisy of the left is disgusting. We need the right perspective to combat the false narrative around us. Tune in to hear part 5 of David Barton at the ProFamily Legislature Conference.

Air Date: 02/26/2021

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.



Welcome to the intersection of faith and the culture, where we look at all the hot issues of the day from a biblical, historical, and constitutional perspective. We’re bringing you a presentation from David Barton at the ProFamily Legislators Conference on a historical and constitutional perspective on all of this chaos that’s out there. He actually shared this at the conference for these legislators and we wanted to bring it to you, our listeners here on WallBuilders Live. If you missed yesterday, it’s available at our website right now at But let’s jump right in where we left off yesterday.

Here’s David Barton speaking at the ProFamily Legislators Conference.


“The Bill of Rights fully ensures personal privacy against government intrusion unless there’s a judicially issued warrant. Yet many governors and mayors order tracking and tracing of American citizens, even forcing restaurants, hotels, and other businesses, restaurants keep a log of customer’s names and provide information and provide to state and local officials. Washington State directs restaurants to log all eat-in customers in order to reopen. So I’ve got to report to the government who my customers are when they come into my business? No, that’s a real problem.

COVID contract listing unfair, say churches, you know, churches in some states were required to record who came to service and tell the government who came to service. Oh, no, no, no, no. That’s not the way this works. Same thing here governor orders more contact tracing as cases outpaced capacity. And again, remember, the cases are high, the mortality is as low. So we’re doing things that violate constitutional precepts. We didn’t do this for swine flu or for any of the other things that happened, whether it was the Spanish flu or the Hong Kong flu, we didn’t do it then, how come we’re doing it now something that has less mortality than nearly every epidemic we’ve ever had? See we’ve given up our rights without even thinking about it.

Governor Carney announced a statewide contact tracing plan for COVID-19. So right to privacy is a real problem. Furthermore, many governors, mayors, and similar executive officials have extended emergency powers beyond their intended designated time allotments and excluded legislature from decision making process and emergency, refusing to allow the legislature to offer any reprieve from their often burdensome policies. Lamar to extend emergency COVID power. See, this is the thing where definitions are not clear. Texas didn’t have a definition on how long our power should be extended. We just gave the governor power to do things in emergencies. So here we are nine months later and he’s still making edicts on what’s happening.

New level restrictions on churches. Even if you’re on the stage preaching, you have to wear a mask. You have to wear a mask if you’re singing, because churches in Arkansas have now been determined to be the biggest spreader of all Coronavirus anywhere in state. So they’ve got to have more restrictions than anybody else. No, that isn’t the way it works.

So even in Arkansas with a Republican governor, you got this nonsense going on. So extending emergency powers: Governor Phil Scott extends state of emergency, Governor Mills continue state of civil emergency, Governor Whitmer extends state of emergency, Governor Murphy signs executive order extending. So we keep putting this thing longer in law, got to put some boundaries around that. We got to say, two weeks, three weeks, whatever. And you can’t extend it without coming back to us for approval. You can actually do anything unless we tell you can. Because again, policymaking comes from the people’s representatives, not from the governor, comes from the House.

Invaded restricted many inalienable rights including the First Amendment guarantees for freedom of religion, we have abundant evidence of that. I mean, this is why Matt has been so busy for the last seven months, taking all sorts of cases like this. And also, the rights of petition, assembly, speech along with many other assembly enumerated rights in the Constitution Bill of Rights. Whitmer closes public gathering. Wait a minute, I got a right of assembly, not this time. I’m telling you don’t have a right to assembly, got all sorts of problems.

Governor Abbott issues proclamation limit gatherings. Governor’s order statewide shutdown of indoor dining, movie theaters, family entertainment centers. California bans singing in places of worship, only goes… Police arrest three protesters. Now, this is interesting. Arrest three protesters, cite another five at reopened Hawaii rally in front of the state capitol. First Amendment, I have a right peaceably to assemble and petition government for a redress of grievances. I’m peaceably assembling, I’m petitioning the government for redress of grievances, I’m getting arrested for exercising an explicit First Amendment constitutional right? They don’t do that with protesters. They assemble in massive numbers and the police are given stand down orders. Can’t do that. That’s not equal treatment.


Quick break, friends. We’ll be right back and we’ll jump right back into David Barton’s presentation. Stay with us on WallBuilders Live.


This is Tim Barton from WallBuilders with another moment from American history. American patriot Paul Revere wrote to alert Americans of the impending arrival of the British, but he also sought patriot leader Samuel Adams and John Hancock to warn them that the British were seeking their execution.

Adams and Hancock we’re staying with the Reverend Jonas Clark in Lexington. When they asked Pastor Clark if his church was ready for the approaching British, he replied, “I’ve trained them for this very hour, they will fight; and if need be, die under the shadow of the house of God.” Later that morning, 70 men from his church, a several 100 British in the first battle of the war for independence. As Pastor Clark affirmed, “The militia that morning were the same who filled the pews of the church meaning house on the Sunday morning before.” The American church was regularly at the forefront of the fight for liberty.

For more information on this pastor and other colonial patriots, go to


Welcome back to WallBuilders Live. Thanks for staying with us today. We’re going to dive right back into David Barton’s presentation on a Historical and Constitutional Perspective on the COVID crisis.


Reopened protesters in North Carolina converge outside the legislative building, four arrested. Anti-mass protests at West Virginia, Capitol shut down. 32 protesters arrested during reopened California rally capital. Again, I have the right to peaceably assemble and petition government for redress of grievances, right out of the First Amendment. Ignored the inalienable natural right of individuals to work, earn a living, and provide for their family, instead seizing control of businesses in the free markets and cutting off our trade with all parts of the world and the rest of the states and nation, thus shutting the private sector and destroying the public economy. We’ve seen the free market go down under this thing.

Now here’s where it gets fun in the Declaration. Remember the Declaration, 161 words, 6 principles; three of those principles are real simple. There’s a divine creator. We hold these truths to be self-evident, all men are created equal; they’re endowed by their Creator. So there is a creator. Second as the creator gives natural inalienable rights, that we’re endowed with our Creator with certain unalienable rights. And then it says that to secure these rights, governments are instituted among men. So there’s a creator who gives us rights and government exists to protect those rights. That’s the three principles out of the Declaration. Okay, so what are our natural rights? I told you, the Founding Fathers identified about two dozens, about 1819 in the Bill of Rights. Let me show you another one.

Jefferson, in his first inaugural address has little paragraph here that’s pretty interesting. In his first inaugural address, Thomas Jefferson says, “after acknowledging and adoring an Overruling Providence,” That’s interesting, he starts with God first, which is what the Declaration did, there is a Creator. He says, “After acknowledging and adoring and Overruling Providence, what more is necessary to make us a happy and a prosperous people?” So after acknowledging God, what’s the next thing we have to do to be happy and prosperous? He says still “One thing more, a wise and frugal government, which shall leave us free to regulate our own pursuits of industry and improvement.” Oh, it’s interesting, keep going. He says “And shall not take from the mouth of labor, the bread it has earned.” This is the sum of good government.

Now, they considered that to be an inalienable right, the right to work. Matter of fact, Jefferson followed up, he said, “The pillars of our prosperity are the most thriving when left most free to individual enterprise”. See, the actual definition of free market back in the 60s was economics that is free from any government regulation, any government regulation, that is why it was called the free market. Now, we don’t use that definition today. But that was the definition of free market a few decades ago.

Free market means it’s free from government regulation. So we had a free market because that was considered an inalienable right. That’s interesting. He says when left must free, Ben Franklin said it this way, he said, there cannot be a stronger natural right, now natural rights, inalienable right, there cannot be a stronger inalienable right than that of man’s making the best profit he can.

A free market is the means under God of establishing the freedom of our country entire and handed down complete to posterity. See, the Founders go through and say the right to work, the right to have a job, you don’t get a guaranteed to have a job, but the right to work at your job is a God given right and government can’t interfere with that. This is a biblical precept.

1 Timothy 5:8 says if you don’t provide for your own household, you’re worse than an infidel and you’ve denied the faith. So for government to come in and tell me I can’t provide for my own household, you’re making me violate the Bible. Because the Bible says I’m supposed to provide for my own household; if I don’t, I’m worse than an infidel. I mean, that’s a strong verse. And government’s not supposed to interfere with my free exercise of religion, which includes my right to earn a living for my family.

So this is another inalienable right that would never have been tolerated in previous generations. Now as you look at the inalienable rights, they’re their right to work your job, free enterprise, and yet what we see governor orders thousands of businesses a shutdown over virus. New order for New York businesses reduce on-site workforce by 50%. More businesses shut down with Tony Evers month long safer at home order amid COVID-19. Governor Reynolds orders additional businesses to shut down over COVID-19, all free market problems. Government can’t regulate the free market. That’s an inalienable right, was the right to be able to provide a living. So that’s another problem.

 Then here’s another grievance. The governors held themselves above and free from the heavy rules they imposed on citizens. That’s transforming America from a government of laws, not of men into a government of men not of laws. Whitmer skirted her own executive orders twice before blowing them up. She got caught twice, she just said get rid of them. Crazy. I want you to do them, but when I get caught doing them, I’m going to get rid of them rather than me stop doing them. It’s just stupid stuff.

New Jersey Governor Murphy broke his own order marching protests, stay at home order, except there’s a protest going on, so I’m not going to stay-at-home. Nancy Pelosi was filmed breaking San Francisco’s COVID-19 rules by getting your hair done indoors out of mask. Remember they shut down all hair salons. You have to wear a mask, not me. That doesn’t apply to me. So I’ll find a hair salon, make sure it’s open for me. It’s just amazing. New York American fronted after breaking stay-at-home rules by walking 11 miles from home in an overcrowded park.

Murphy was spotted with ousted former aide during COVID exposure. Interesting. He shut down all the restaurants. He took a former aide and went across the border into a nearby state that had not shut down restaurants so he could go over there and eat. It’s fine for me to go eat at a restaurant, but I’m not going let any restaurant. Okay, got it.

Valerie wineries ordered to close indoor operations, while governor’s winery still remains open. Oh, yeah, but we get headlines like this all over the country. It’s double standard kind of stuff. You serve the private practice of medicine subjected to purely political controls forbidding potentially life-saving diagnostic surgery, such as for cancer detection, biopsies, mastectomy, breast cancer, cardiovascular surgery, orthopedic surgical procedures to organ donation transplants, other medical procedures.

So your elective surgery be canceled, that’s for everyone’s good. Study, pandemic cause delays 28 million elective surgeries, including cancer surgery, head and neck surgeries, urology surgeries, orthopedic surgeries. I mean, again, we’re back to this public medicine versus private medicine. Erected a swarm of new offices, sent hither swarms of officers to arrests our people like we have sent thousands in Texas; tracers, we have thousands going in Illinois, we have unlimited number of an army, I like that phrase, an army of officials in Massachusetts. So that’s exactly what the Founding Fathers complained about. Let’s see. Ignore the fundamental right of parents to direct education upbringing their children and we looked at that. Here’s some of the headlines that go with this.

A Kentucky family of seven didn’t practice social distancing. Now Child Services is investigating the parents for abuse. What, in my home? If I take my seven kids out, I’ve got to keep them all apart from each other? No. No. That’s not safety stuff. We keep our kids together when we’re in public and when we’re home, whatever.

Tennessee ordering at home well-being checks on every child in the state. Oh, great. Send an official into my home to check my kids. Every home in the state, where’s the probable cause that goes with this? Massachusetts Officials called Child Protective Services on parents whose kids miss Zoom school. No, is the right of parents to direct the education upbringing of their kids. If they want to homeschool, that’s fine. If they miss Zoom school, so what, that you don’t own the kids? I felt violated.

You may have seen this one. Kid was on online school, had a baby gun in the background, sent official send into his home because he had a baby gun in the background. Guess what? He has a right to keep and bear arms. That is not limit. There’s no right. Given that’s inalienable right that’s limited by age, I don’t get the right to express my religion once I become 18. I can’t express before I’m 18? Yes, I can. I don’t have the right to free speech till I’m 18? No. No. All those rights are inalienable rights, they apply to every person.


We’re going to take a quick break, folks. You’ve been listening to David Barton speaking at the ProFamily Legislators Conference, and we will dive right back in his presentation when we return.


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 they 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. And 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


We’re back here on WallBuilders Live. Thanks for staying with us. Let’s jump right back into David Barton’s presentation on a Historical and Constitutional Perspective of the COVID crisis.

ProFamily Legislators Conference


Salon owner says Child Protective Services went to her home when she reopened business and they salon owner, we’re going to persecute you. You open the business we told you not to, we’re going to start invading your home, and having inspect… Crazy stuff all over the nation, losing parental rights to COVID-19; a man’s home is his castle. Lots of others I can go to, I want to get the final concluding part, I want to have a kind of interesting, maybe challenge here is the final part of the what do we do now, kind of clause? Committing in ourselves in support of the principles set forth in our Constitution enumerated in this document.

With a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, our sacred honor, and we’ll seek to enact measures that will reset our state government and restore an adherence to core constitutional principles by statutorily providing better [inaudible 15:50] and enforcement’s in order to reestablish the constitutional doctrines of separation of powers, limited government, due process federalism and free markets, as well as increasing basic constitutional training for government employees, especially in law enforcement agencies.

Now let me show you why I took this last one. One of the things that has stood out to me in the last nine months is what’s happening with police and sheriffs. Police and sheriffs, let me give you some headlines just on police. Mississippi police issue $500 tickets to drive-in church service attendees. If you went to church, you got a $500 ticket. If I was a cop, there’s no way I issue that ticket because I know the First Amendment and I know the First Amendment guarantees the free exercise of religion, and there’s no way I’m going to do anything that the mayor tells me to if it violates what the Constitution says.

Notice what else: woman handcuffed sided while praying outside New York City Planned Parenthood the same week of the George Floyd protest. They can do it, but you can’t do it. If they’ve got the right to assemble, you got the right to assemble. They want to do it for violence. They want to tear down stuff, burn 1,500 businesses in Minneapolis, you’re just doing it outside… There’s no way I’m going to arrest you because I know you have a right to assemble and to petition.

Same thing. Texas cops use undercover sting operation to arrest woman offering salon services though. Undercover sting for salon, sir, really? I would be embarrassed to be a cop and be part of that. I don’t care what the mayor told me to do. I would be embarrassed to be part of that. That is such a blatant violation. What Constitution? Police ordered to arrest gym owners in New Jersey who refused to close their doors. Again, going back to free enterprise. Florida couple arrested for breaking COVID-19 quarantine declared an immediate danger. This one’s personal.

David Bynum arrested for pro-life counseling outside abortion clinic, we maintain social distance. The Mayor of Charlotte said you can’t meet in public unless it’s in groups of less than 10 and unless you’re 6 feet apart. So David Bynum went to an abortion clinic, they took chalk and marked out 10 foot spaces on it, and they took 8 people. They’re under the 10, and they’re 6 feet apart, they’re 10 feet apart, and they still got arrested. They completely followed the orders, which could be argued were bad orders by the mayor and still got arrested because the mayor was pro-abortion. I’m not going to arrest somebody just because you’re pro-abortion when they did everything you told him they have to do. Just because you don’t like what they’re doing doesn’t mean they don’t have the right to do it. You have the same thing.

Chicago Mayor mounts police raid on Sunday church services. I would not want to be a cop who raided a church on a Sunday service. San Francisco Police issue first citation for violating stay-at-home order to abortion protesters. The protesters were stay-at-home orders. They got an 86 year old woman who left her home to go protests in an abortion clinic. That’s who they arrested, not the violent protesters.

So what I’m saying with cops is not a good tendency in the headlines when you see the stuff. Whatever the mayor or governor tells me to do I’m going to do. Doesn’t work. By the way, sheriffs, little different here. Nevada defense Catholic Church service, sheriff won’t enforce it. The Nevada governor said we’re going to limit the amount of church services, he said we’re not going to enforce that. That’s an Unconstitutional act, you can’t interfere with the free exercise of religion.

Four Michigan sheriffs say they won’t strictly enforced Whitmer’s stay-at-home order. Knox County Sheriff Tom Spangler questions the constitutionality of COVID-19 mask order. A growing number of Texas sheriffs refuse to enforce Governor’s mask requirement. Colorado county sheriff says he’ll refuse to enforce proposed red flag gun law. That’s a violation of Second Amendment, I’m going to enforce that. Nye County Sheriff refuses to enforce new gun background check law. Violation of Second Amendment.

Washington State, at least 20 county sheriffs refused to enforce new gun laws. New York State’s Sheriff say no to legalize marijuana. The state may have legalized it, it’s still a federal crime. We’re not doing it. Why is it then when you look at sheriffs, there’s a real difference between the yes and no stuff? I mean, the police say yes, if that’s what you tell us to do, we’re going to do it. And the sheriff say, no, that’s not constitutional. See, what appears to me is we’re to consider doing some type of constitutional training for law enforcement officers.

You actually, you need police officers who will push back against the thing. Let me take you to a Supreme Court, by the way, Emperor Trajan back in the early part of the Roman Empire, he said to his army, I’m giving you a sword. He said, use the sword against my enemies if I give righteous commands, but if I give unrighteous commands, use the sword against me. That’s what the Constitution’s there for. That’s why we have the Constitution. We’re supposed to judge it not by what our leaders tell us, but by what the Constitution tells us. So that’s called the Lesser Magistrate Doctrine.


Alright, quick break, folks, that was David Barton, you were listening to we’ll come right back to him. He’s giving a presentation at the ProFamily Legislators Conference on a Historical and Constitutional Perspective on the COVID crisis. Stay with us, we’ll be right back WallBuilders Live.


Hey, guys, we want to let you know about our new resource we have here at WallBuilders called “The American Story”. For years, people have been asking us to do a history book, and we finally done it. We start with Christopher Columbus and go roughly through Abraham Lincoln. And one of the things that so often we hear today are about the imperfections of America, or how so many people in America that used to be celebrated or honored really aren’t good or honorable people.

One of the things we acknowledge quickly in the book is that the entire world is full of people who are sinful and need a savior, because the Bible even tells us that all have sinned and fallen short of the glory of God. And yet what we see through history, and certainly is evident in America is how a perfect God uses imperfect people and does great things through them. The story of America is not the story of perfect people. But you see time and time again how God got involved in the process and use these imperfect people to do great things and impacted the entire world from America. To find out more, go to and check out “The American Story”.

This is David Barton with another moment from America’s history. Although education has remained an emphasis in America for nearly 200 years, what has changed the most over that period of time is the philosophy of education. For example, while religion finds no place of refuge in our schools today, such was not the case at the time of our Founding Fathers.

In fact, when the Delaware Indian chiefs brought their youths to be trained in America schools, on June the 12th 1779, George Washington told them, “You do well to wish to learn our art and our way of life, and above all, the religion of Jesus Christ. This will make you a greater and happier people than you are. Congress will do everything they can to assist you in this wise intention.”

According to George Washington, what students learned above all in American education at the time of the Founding Fathers was the religion of Jesus Christ. For more information on God’s hand in American history, contact WallBuilders at 1808REBUILD.


We’re back here on WallBuilders Live. Thanks for staying with us today. David Barton given a presentation at the ProFamily Legislators Conference just a few weeks ago, let’s jump right back in where we left off before the break.


Lesser Magistrate Doctrine is something that is talked about by a number of Founding Fathers. For example, Supreme Court Justice Bushrod Washington said this, he said “No military or civil officer can command and infer to violate the laws of this country, nor will such command excuse much less justify the Act.” If it’s unconstitutional, I don’t care if you’re a cop, you don’t do it. It doesn’t matter who told you to do it, you don’t do unconstitutional things. You have a Supreme Court case 1851 Mitchell versus Harmony. If an order was given to do an illegal act, it can afford no justification to the person by human it’s executed. It can never be maintained an officer can justify himself by doing an unlawful act, by producing the order of a superior. The order may permeate, but it cannot justify that act.

You have Justice Robert Jackson used that entire philosophy in the war crime trials in Nuremberg, when we just did what we were told, Hitler told us to… No, that’s not a legally good premise. And somehow we’ve got to get people understanding the Constitution better. We used to teach in a school, we don’t anymore, only one out of thousand Americans can name the freedoms in the First Amendment. You can’t defend what you don’t know. And we’re not teaching Constitution.

Did you know, I mean, only 24% of Americans can name the three branches of Government. How do you preserve separation powers if you can’t? Schools are doing a lousy job of teaching it. So we may have to step in and say okay, we’re going to do some Constitution training… You might consider a law that says any law enforcement official anywhere in the state has to go through a basic Constitution class, some class, whatever that is.

We have Constitution Day that we’re supposed to celebrate in schools, Federal law says that any school that receives federal funds has to celebrate Constitution Day. Currently, 90% of public schools do not celebrate Constitution Day, despite federal law. So we just don’t even know it. Even when we’re trying to teach the Constitution creating federal laws, there’s got to be something that goes a little deeper. So let me just throw at you the thought of maybe starting some constitutional training for law enforcement guys, that becomes really important if it comes to time of genuine crisis.

So that Doctrine of Lesser Magistrates, it’s an old doctrine, it goes back to about the 1500s. It came out of the reformation. When you had state established church in Germany telling Christians what they do, and a lot of Christian officials said, no, that’s not right, government can’t tell you what to do with your faith, we’re not going to enforce that. So that’s where you had official start standing up for the people and they became [inaudible 25:43]. Sheriffs seem to be getting that. Not every sheriff, of course, not every police is bad. I’m not suggesting that. But just in general, that seems to be a difference between the two.


Alright, friends, that was the conclusion of David Barton speaking at the ProFamily Legislators Conference on the topic of a Historical and Constitutional Perspective on the COVID crisis. If you just tuned in with us today, maybe you tuned in the middle and you missed the beginning of the program, or maybe you missed some of the programs earlier this week, it’s been a five part series, so all five parts are now available at our website While you’re on the website, I hope you’ll consider making a one-time or monthly contribution to WallBuilders Live. That will amplify our voice, we’ll be able to speak this truth to even more people and save our constitutional republic. Hope you’ll consider that today at I hope you enjoyed this five part series and we really do appreciate your listening to WallBuilders Live.