My conversation on the Geeta Chopra’s “We The People” talk show. My originalist view of the constitution, federalism, Supreme Court, and doctrine of incorporation. Hope you enjoy it.
 

 

 

 

YouTube Transcript:

do you know your constitutional rights
our founding fathers died to give every
American citizen freedom of speech due
process freedom of assembly and the
freedom to pursue life liberty and
happiness rise stand tall
be bold and be grateful for your
American heritage this is the land of
the free and the home of the brave where
everything is possible and we are the
people welcome to We the People
my guest today Dennis Brady was born and
raised in New Jersey
he received his BS from FDU Teaneck in
New Jersey in 1982 in business
administration and economics his
political career started in 1980 as a
campus activist young American for
freedom slash at the reagan campaign he
was in 1987 appointed to the Zoning
Board Borough of close to New Jersey in
1988 where he was elected councilman of
clothes for New Jersey in 1999 to 1990
he served as a fire commissioner in the
same locality and he was also voted
council president during that time from
1992 he became the New Jersey youth
guidance counselor man and currently he
is active in libertarian causes and is a
publisher of breda reports calm it’s a
website so hopefully you enjoy the
information he brings with us today
welcome to the show Dennis it was great
to be here oh thank you for taking the
time to come out so tell us more about
your background a little bit before we
open up well I come from a long line
it’s give political back run of New Deal
Democrats of my family I was told my
father my my grandfather was very active
in politics in Paterson during the early
part of the 20th century and the Irish
immigrant and my
my father was working class my mother is
was working class and I just had a great
affinity for politics I ran for council
one against a three-term incumbent in my
town and I I’ve been involved in I blog
on constitutional issues and also on
cultural issues and in general politics
in general okay so that’s your passion
and your interest that’s good see
probably do a lot of reading ed oh I’m a
great great passion for the founders of
the country the and for the Constitution
so yeah good very good so on that know
concerning the framers if they rate the
framers of the Constitution that is if
they were here to view the present and
observe the role of the federal
government today what would be their
reaction I would venture to say James
Madison would definitely ask say how
long did it last and then I would asked
him what do you mean he goes well how
long did the Constitution live so
effectively we don’t have a car Wow
where I were in a post constitutional
era I would say what makes you say that
oh the role the federal government’s
expanded way beyond what the founders
had intended the sovereignty of the
states has been so diminished
you know the federal comes gone I’ve
gone away from its 18 or so enumerated
powers to such a great degree where
basically every person in in the country
is affected by the federal government’s
regulations and that’s not the way it
was supposed to be right so there’s a
lot of regulations so it’s like
overarching now so it’s diminishing the
original intent yeah that’s unfortunate
de Tocqueville in this famous book when
he when it came for the United States a
Frenchman in the 1830s 1840s were marked
how little the average citizen
interfaced with it with with the federal
government and it was non-existent
except from tariffs
except for slight immigration issues and
and of course war and defense but in a
manner or interface with the state
governments was at a minimum
so and he was marked how great that was
how about the Supreme Court what about
its role in its interpretation of the
Constitution in the last years the last
80 or so years there’s been a major
issue with the corporation of said 8 or
80 80 80 okay of the incorporation of
the Bill of Rights okay
the Bill of Rights really was never
really supposed to apply to the States
and only applied to the federal
government of course the individual
constitutions of the state mirrored in
many respects the the protections of the
Bill of Rights but the the the federal
courts especially the Supreme Court
threw its doctrine of incorporation of
the Bill of Rights has basically
intruded to a lot of states sovereignty
issues oh wow so it goes back to that
and how do you view America’s role in
the world today uh
well where they went across roads beam
across roads I would say ever since the
end of the Second World War whether
we’re going to be an empire or we’re
going to be a republic and ever since
the Second World War we’ve intervened
and reports of the world which we
shouldn’t have the whole idea of police
actions such as the korean war in
vietnam and i used to be a neocon i
would just kind of support that but
looking back on that a lot of that was
was really wrong because the federal
government cannot declare war without
without Congress and we’ve given that
the executive the presidency too much
power to to commit troops and so on it
really we should as as John Quincy Adams
said a famous quote which I’ll
paraphrase we shouldn’t be looking for
overseas is dragons to slay we’re the
only guarantees of our own freedom we
wish the world well and and give good
thoughts and prayers but we shouldn’t be
involved in other people’s business
essentially so okay and what’s your view
on the state’s convening an article v
convention on for it
lot of people don’t you tell them what
it is okay no Article five
three-quarters of the states can vote to
have a constitutional convention to to
basically amend the Constitution and I
would even venture to say they could
even abolish the the federal government
if they wanted to but I think as I said
before the the federal government has
grown to such a great degree as trampled
states rights and I believe and I’m
could be wrong I believe there’s at
least 21 states their state legislatures
that voted to participate in so far in
the cortical 5 convention so okay so do
you think States obviously should have
more power that’s what you’re saying
well it they should have the power that
wasn’t given to them and in the
Constitution yeah okay and by taking
that away so you mean to create their
own tax laws and things like that well I
mean like the the Commerce Clause under
the Constitution it was to regulate
commerce and and the parlance of the day
when the Constitution was adopted
regulate was to make regular so you
couldn’t have which was under the
Articles of Confederation tariffs
between States or any type of barrier
between States it’s been abused for the
federal government that actually stick
its nose into everything I’ll give you a
case in point there was a woman I guess
it was about five or six years ago who
had a basically had a yard sale and one
of the things she put out for sale was a
25 year old Susie homemaker oven it
happened to be the federal inspector was
there a sword that she sold it to
someone and she was actually fine ten
thousand dollars because it didn’t
comply she didn’t sell to a collector it
didn’t comply with with regulations in
terms of toys now that’s not the way
that the federal government was supposed
to be another example was image farmers
in Ohio they sell unpasteurized milk and
I want people say there’s you know you
debate whether it’s a healthier not book
but they’ve labeled it as I’m Patrick
pasteurized milk they sold it a couple
of federal agents actually tracked
someone who brought the unpasteurized
milk and they had taken across state
lines and used that as a pretext I had
pre-dawn raid on the farm and arrest
them all gunpoint
totally not what our founders intended
so yeah so Thomas Jefferson James
Madison maybe I wonder what’s going on
today they would recognize no they
wouldn’t recognize the government is now
okay so let’s let’s talk a little bit
about the the views down sell or the due
process part of the Constitution and
southern jails which are I guess filled
to capacity people sleeping on floors of
thinking for example Mississippi
Governor phil Bryant
kind of turns a blind eye to that so
what’s the implication of all that in
terms of the Constitution and our
original founding fathers well in terms
of now since the the Bill of Rights has
been incorporated they really can’t in
terms of they cannot have bad conditions
for prisoners for under due process and
the Fifth Amendment and so on and the
Fourteenth Amendment so basically you
you have to treat and prisoners with
some type of basic necessities of life a
basic jail cells and someone that that
allow them to be sleeping on the floor
or outside or anywhere else
yeah yeah okay and not just that but I
think also violating their rights in
terms of not giving them a fair hearing
that’s actually happening in America not
hearing their case
that’s anti-constitutional well it’s
true and I’ll give you I’ll give you an
example how things have been really gone
off the track in terms of in terms of
search and seizure laws these are many
cases where now would say you’re
arrested you’re you’re pulled over a
traffic stop and a cop asks you do you
have any money on you and you’re saying
yeah I have you know I have a thousand
dollars on me
they could seize that without her
charging him with a crime because they
said you’re suspected drug trafficking
if you have a thousand I just know
there’s no a minimum mafic yeah I
believe the average seizure amount and I
could be wrong was in the neighborhood
of twelve to fifteen hundred dollars oh
wow there’s a case where a father had
given his son startup money at this
graduate from college I think it was
$2,000 he gave it to him in cash and he
was accepted the position that could
accept a position California was from
Florida transiting through Louisiana get
pulled over our traffic stop of course
the kid being very eager when the copy
as well do you what do you have any
money on your singers out-of-state he
goes yeah the money I thought my father
gave me then it was seized so I mean
it’s it’s it affects you know people say
well you know I deals with drug deals no
because if you wanted honor under the
Constitution if you want to see
someone’s property charge them with a
crime can victim of a crime not not not
use it in terms of funding police
organization which they do because they
get they get a certain percentage that
they that they keep from that and that
helps their course their budget so okay
Wow
and how about the war on drugs and its
implications with the Constitution what
are your thoughts the federal government
under the original intent of the
Constitution could only regulate
importation exportation and interstate
sale possession is not totally
unconstitutional arrest some an adult
before for drugs on the federal level
now states could ban drugs or they could
legalize drugs and then I’m seeing you
know I’m not I’m not a great proponent
of recreational drugs but like Colorado
and and it’s now pending in New Jersey
needs to be made legal in New York
marijuana that’s up to the states and
that’s up to the people within the
states okay so back to state sovereignty
right okay what about the federal
government government’s abuse of the
commercial clause
what that is well yeah that’s basically
under the Commerce Clause basically that
as I said stop sticking their nose into
everything in order to regulate
everything like for instance under the
past administration there was a proposal
for carbon taxes and carbon regulation
and it wouldn’t make a whole set of a
level above your local level when you
sold a or purchased her house so
basically under that under that proposal
which thank God never got passed before
you sell your house a federal inspector
would come in and say well you know does
your furnace up-to-date is your windows
up today is your insulation up-to-date
to me that’s a toll abuse the Commerce
Clause because number one a house
doesn’t move across state lines it’s
there it’s fixed and in a particular
locality so it’s another abuse so okay
Wow and what about roe v wade oh god too
touchy one and I know that probably half
your listeners will shadow odd will
start screaming at the TV I’m personally
against abortion I think it’s it’s it’s
against my Catholic faith I think it’s
against basic Christian doctrine I
believe that Roe vs. Wade was a terrible
decision because on constitutional
grounds because this whole right to
privacy which was conflated by this but
the war in court in order to allow the
Roe versus Wade is totally ridiculous
it’s totally out of of constitutional
norms and made out of whole cloth
because if you take that theory of well
you know it’s between me and my doctor
or whatever it’s my own body
then why isn’t all prostitution laws
struck down throughout the country why
isn’t that a federal issue or again
going back to drugs the same thing so um
it’s up to the individual states now
individual states can the way it was
before in a way it was before the 73
decision was I would I think was 20
states allowed was called liberal
abortion laws
it’s up to the states and the people in
those states to decide what they what
they want to do through the state
legislature so mm-hmm okay and what are
the parallels between what is happening
in America today in other past
Republic’s our founders when I made the
Constitution were very they very well
read they also knew what went on in the
Roman Republic and they tried to emulate
parts of the Roman Republic such as
separations of powers and so on and I
made an even more stringent for ours
because they saw what happened to the
Roman Republic basically the Roman
Republic centralized power and
eventually did away with their
constitution in at least in in practice
and and the the imperial government
replaced it and in some sense while
following the same way in terms of in
terms of granting largesse to people and
using that to buy votes and so on so
it’s it’s very similar okay all right so
who was your favorite president in
history oh boy that’s a hard one
Washington I love Jefferson I would also
say one my favorite ones is Grover
Cleveland okay because he was one the
last Democrats who basically put her
strain on federal power he was against
the annexation of Hawaii which was
totally illegal and also it’s averted a
sovereign monarchy yeah and I would say
Ronald Reagan is one of my favorites
probably in my lifetime he’s the best
president we’ve had though he wasn’t
able to he slowed down on march towards
socialism or centralize power but it’s
gonna take a lot more to to even turn
that ship around even if we can so yeah
and your least favorite president you
cannon
probably
because of his inaction during that when
the some states seceded probably some
ways Barack Obama which will get a lot
of people wrong why do you say that the
very similar to Nixon in terms of using
the F using the IRS as a weapon of
weaponized government weaponize go he
basically he prosecuted more reporters
than any president in the last 30 or 40
years and he news reporters yeah mark
Rosen the Fox News not only did he bug
him and listed him as an undying
co-conspirator and a court proceeding
just for publishing the news reporting
on the news he bugged his parents too so
I mean that that’s pretty bad so Nixon
was bad using of course covering up the
Watergate break-in but also his use of
the IRS also Lyndon Baines Johnson
basically used the FBI to bug um what
Luther King or attrocious against
another citizen in this country so well
okay so you mentioned at the beginning
how the founding father fathers would be
pretty perplexed at what’s happening
they wouldn’t recognize our Constitution
today so do you think there’s any hope
of getting back to the original intent
I see three roads and putting my
wizard’s hat on try to predict the
future
two very unlikely and one unfortunately
very likely the ones that are unlikely
or maybe there would be an article five
convention and the states to be able to
rein in you know as Ronald Reagan said
the the federal government then create
the states the state’s created the
federal government and then have some
type of restraints on the federal
government or
the other road would be that we would
disunion
which would maybe involve me me
something such as violence and what
could trigger that is maybe if
progressives getting all three branches
of power again and they moved so far out
of left and do cut gun confiscation I
know there are at least three or four or
five current governors that would
nullify that and would not allow the
federal government to do that so that’d
be me in course of contention among
other things and then probably the most
I would say probably 80% is basically
where we’re gonna sexualize power so
much that the federal government will
run roughshod over everything and you
know especially surveillance on on
citizens such as the metadata scandal or
what the NSA and so on that snown which
I think he’s kind of a hero in many
respects showed and I think that the
government be more intrusive in our
lives and I think God forbid that this
will end or hoard tyranny eventually so
okay and what would you like to see
happen I will I would like to see it the
states have it through an article five
convention rain in the federal
government okay what’s your favorite
part of the Constitution or your
favorite clause probably the Tenth
Amendment because it reserves to the
states and the people the powers not
designated to the federal government
okay which is nothing fall now but yeah
okay that pretty much sums up what we
talked about right yeah tenth one okay
well that’s all my questions I want to
thank you today for coming on the show
and for sharing all of your knowledge
with us well thank you yeah my pleasure
thank you viewers hopefully you enjoyed
this week’s episode and we’ll see you
next week