John Eastman’s Thoughts On 2020 Election Fraud

Rumble — Larry Elder had Dr. John Eastman on his show to discuss the legal challenges of the Trump team and where they are today. I actually do not include the beginning of the interview — rather, I wanted to isolate the discussion of the voter fraud and the recent forensic look at one counties Dominion machines.

  • “The allowable election error rate established by the Federal Election Commission guidelines is of 1 in 250,000 ballots (.0008%). We observed an error rate of 68.05%. This demonstrated a significant and fatal error in security and election integrity,” the report states. “The results of the Antrim County 2020 election are not certifiable. This is a result of machine and/or software error, not human error.” (GATESTONE)
  • Here’s Fulton County’s election director admitting to adjudicating 94% of his county’s ballots. Is anyone going to ask him why 94% of the ballots registered an error? Doesn’t that seem too high? (PJ-MEDIA |Georgia Elections Director Casually Admits That 94% Of 113,000 Ballots Needed Adjudication)

Separation of Church and State

Nearly every American knows the phrase “separation of church and state.” Do you know where it’s from? Here’s a hint: it’s not in the Constitution. John Eastman, professor of law at Chapman University, explains how and why this famous phrase has played such an outsized role in American life and law.

An excerpt from a larger paper (the below was originally posted Jul 26, 2015):

The First Amendment never intended to separate Christian principles from government.  Yet today we so often hear the First Amendment coupled with the phrase “separation of church and state.  The First Amendment simply states: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”

Obviously, the words “separation,” “church,” or “state” are not found in the First Amendment; furthermore, that phrase appears in no founding document!  While most recognize the phrase “separation of church and state,” few know its source; but it is important to understand the origins of that phrase.  What is the history of the First Amendment?

The process of drafting the First Amendment made the intent of the Founders abundantly clear; for before they approved the final wording, the First Amendment went through nearly a dozen different iterations and extensive discussions.

Those discussions – recorded in the Congressional Records from June 7 through September 25, 1789 – make clear their intent for the First Amendment.  For example, the original version (followed by later versions) introduced in the Senate on September 3, 1789, stated:

  • “Congress shall not make any law establishing any religious denomination.”
  • “Congress shall make no law establishing any particular denomination.”
  • “Congress shall make no law establishing any particular denomination in preference to another.”
  • “Congress shall make no law establishing religion [denomination] or prohibiting the free exercise there of.”

By it, the Founders were saying: “We do not want in America what we had in Great Britain: we don’t want one denomination running the nation.  We will not have Catholics, or Anglicans, or any other single denomination. We do want God’s principles, but we don’t want one denomination running the nation.”

Of interest is the proposal that George Mason – a member of the Constitutional Convention and “The Father of the Bill of Rights” – put forth for the First Amendment:

  • “All men have equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of Christians [denomination] ought to be favored or established by law in preference to others.”

Their intent was well understood, as evidence by court rulings after the First Amendment.  For example, a 1799 court declared:

  • “By our form of government, the Christian principles – we do want God’s principles – but we don’t want one denomination to run the nation.”

Again, note the emphasis: “We do want Christian principles – we do want God’s principles – but we don’t want one denomination to run the nation.”

[….]

On the day the Founding Fathers signed the Declaration of Independence, they underwent an immediate transformation.  The day before, each of them had been a British citizen, living in a British colony, with thirteen crown-appointed British state governments.  However, when they signed that document and separated from Greta Britain, they lost all of their State governments.

Consequently, they returned home from Philadelphia to their own States and began to create new State constitutions.  Samuel Adams and John Adams helped write the Massachusetts constitution; Benjamin Rush and James Wilson helped write Pennsylvania’s constitution; George Read and Thomas McKean helped write Delaware’s constitution; the same is true in other States as well.  The Supreme Court in Church of Holy Trinity v. United States (1892) pointed to these State constitutions as precedents to demonstrate the Founders’ intent.

Notice, for example, what Thomas McKean and George Read placed in the Delaware constitution:

  • “Every person, who shall be chosen a member of either house, or appointed to any office or place of trust… shall… make and subscribe the following declaration, to wit: ‘I do profess faith in God the Father, and in Jesus Christ, his only Son, and in the Holy Ghost, one God, blessed forever more, and I acknowledge the Holy Scripture of the Old and New Testament to be given by divine inspiration.’”

Take note of some other State constitutions.  The Pennsylvania constitution authored by Benjamin Rush and James Wilson declared:

  • “And each member [of the legislature], before he takes his seat, shall make and subscribe the following declaration, viz: ‘I do believe in one God, the Creator and Governor of the Universe, the rewarded of the good and the punisher of the wicked, and I do acknowledge the Scriptures of the Old and New Testament to be given by Divine Inspiration.’”

The Massachusetts constitution, authored by Samuel Adams – the Father of the American Revolution – and John Adams, stated:

  • “All persons elected must make and subscribe the following declaration, viz. ‘I do declare that I believe the Christian religion and have firm persuasions of its truth.’”

North Carolina’s constitution required that:

  • “No person, who shall deny the being of God, or the truth of the [Christian] religion, or the Divine authority either of the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office, or place of trust or profit in the civil department, within this State.”

You had to apply God’s principles to public service, otherwise you were not allowed to be a part of the civil government.  In 1892, the Supreme Court (Church of Holy Trinity v. United States) pointed out that of the forty-four States that were then in the Union, each had some type of God-centered declaration in its constitution.  Not just any God, or a general God, say a “higher power,” but thee Christian God as understood in the Judeo-Christian principles and Scriptures.  This same Supreme Court was driven to explain the following:

  • “This is a religious people.  This is historically true.  From the discovery of this continent to the present hour, there is a single voice making this affirmation….  These are not individual sayings, declarations of private persons: they are organic utterances; they speak the voice of the entire people….  These and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation.”

…READ MORE… [PDF]

JOHN ADAMS

  • we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

John Adams, first (1789–1797) Vice President of the United States, and the second (1797–1801) President of the United States. Letter to the Officers of the First Brigade of the Third Division of the Militia of Massachusetts, 11 October 1798, in Revolutionary Services and Civil Life of General William Hull (New York, 1848), pp 265-6. (PDF found here)


The Left Rejects Separation of Church and State

(July 7, 2016)


GAY PATRIOT notes that at one time the left wanted a strict separation of church and state. Now they wish to regulate it! In the NATIONAL REVIEW article GP links to, we read:

I’m old enough to remember when Christians who expressed concern that LGBT activists would attempt to regulate church services were dismissed as paranoid nutjobs. Well, welcome to our new paranoid future. My friends and colleagues at the Alliance Defending Freedom announced today that they were filing suit against the Iowa Civil Rights Commission to block enforcement of gender identity guidelines that purport to regulate “a church service open to the public.” News flash — virtually every church service is open to the public.

[….]

Incredibly, the document contains an FAQ specifically directed at churches. Here it is:

DOES THIS LAW APPLY TO CHURCHES?

Sometimes. Iowa law provides that these protections do not apply to religious institutions with respect to any religion-based qualifications when such qualifications are related to a bona fide religious purpose. Where qualifications are not related to a bona fide religious purpose, churches are still subject to the law’s provisions. (e.g. a child care facility operated at a church or a church service open to the public).

It’s unclear to me how a branch of the Iowa state government has determined that a “church service open to the public” does not have a “bona fide religious purpose,” but there it is. Under current guidance, churches in Iowa must become “members only” to exercise their religious liberty. It’s tough to imagine this guidance surviving even liberal judicial review, but even if struck down it shows where some on the Left want to take the law. Not even the sanctuary is safe.

Dr. John Eastman Discusses The “Whistleblower”

Larry Elder had John Eastman call into the radio show (from vacation) to discuss the “whistleblower” and what I see as the continued propensity to weaponize government to harass and criminalize countering points of views. The latest example of this is the secret change JUST BEFORE the release of this choreographed release of the whistleblower [so-called] to the law regarding it: “Intel Community Secretly Gutted Requirement Of First-Hand Whistleblower Knowledge“.

PAST EXAMPLES:

  • Obama’s Weaponization of Government (FORBES);
  • President Obama Weaponized Government – Phase Two Was Positioned to Monetize Government… (CONSERVATIVE TREE HOUSE);
  • Judicial Watch: New Documents Reveal DOJ, IRS, And FBI Plan To Seek Criminal Charges Of Obama Opponents (JUDICIAL WATCH)

Mueller vs. Starr & Barr

Larry Elder is in his prime on 870 and his growing affiliates. (If I had time I would do excerpts like this for an 870AM YouTube channel to grow their listener base.) Larry plays competing report outcomes by Robert Mueller and Ken Starr. John Eastman weighs in as well, and as usual, he is correct… I add Bill Barr at the end saying the same thing Mark Levin, John Eastman, Andy McCarthy, and others have been saying. But as usual, CNN and the MSM are way behind the curve… in fact they are off the track all together.

Professor John Eastman Discusses Trump’s Taxes and the Courts

Larry Elder asks professor John C. Eastman (Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law) about Trump’s use of Executive Privilege and then discussion of U.S. District Judge Amit Mehta saying Trump must turn over his taxes.

Democrats Weaponize the IRS… Again

Dr. John Eastman was on Larry Elder’s show discussing the Democrats wanting Trump’s tax returns. Much like Mitch McConnell warning about “shoes on other’s feet,” the Democrats should tread lightly… because IF this passes Constitutional muster, Trump can order tax returns to be released as well. Good insights from the professor as usual.

Professor Eastman On Mueller Indictments

Larry elder and Chapman University’s Henry Salvatori Professor of Law and Community Service and Director of the Center for Constitutional Jurisprudence, John Eastman, discuss the latest regarding Mueller’s “witch hunt.” A passing comment comparing Whitewater is made that is informative. Good stuff, but will soon be dated.

Birthright Citizenship and the Constitution (John Eastman)

John Eastman in THE NEW YORK TIMES:

“Subject to the jurisdiction” means more than simply being present in the United States. When the 14th Amendment was being debated in the Senate, Senator Lyman Trumbull, a key figure in its drafting and adoption, stated that “subject to the jurisdiction” of the United States meant not “owing allegiance to anybody else.”

And Senator Jacob Howard, who introduced the language of the clause on the floor of the Senate, contended that it should be interpreted in the same way as the requirement of the 1866 Civil Rights Act, which afforded citizenship to “all persons born in the United States and not subject to any foreign power.”

The Supreme Court has never held otherwise. Some advocates for illegal immigrants point to the 1898 case of United States v. Wong Kim Ark, but that case merely held that a child born on U.S. soil to parents who were lawful, permanent (legally, “domiciled”) residents was a citizen.

The broader language in the case suggesting that birth on U.S. soil is alone sufficient (thereby rendering the “subject to the jurisdiction” clause meaningless) is only dicta — not binding. The court did not specifically consider whether those born to parents who were in the United States unlawfully were automatically citizens.

The misunderstood policy of birthright citizenship provides a powerful magnet for people to violate our immigration laws and undermines the plenary power over naturalization that the Constitution explicitly gives to Congress. It is long past time to clarify that the 14th Amendment does not grant U.S. citizenship to the children of anyone just because they can manage to give birth on U.S. soil.

Here is part of the NATIONAL REVIEW article by Andrew McCarthy:

My friend John Eastman explained why the 14th Amendment does not mandate birthright citizenship in this 2015 New York Times op-ed. In a nutshell, the Amendment states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The highlighted term, “subject to the jurisdiction thereof” was understood at the time of adoption to mean not owing allegiance to any other sovereign. To take the obvious example, if a child is born in France to a married couple who are both American citizens, the child is an American citizen.

I won’t rehash the arguments on both sides. With due respect to our friend Dan McLaughlin (see here), I think Professor Eastman has the better of the argument. As I have observed before, and as we editorialized when Donald Trump was a candidate (here), this is a very charged issue, and it is entirely foreseeable that the Supreme Court (to say nothing of the lower federal courts teeming with Obama appointees) would construe the term jurisdiction differently from what it meant when the 14th Amendment was ratified….

Professor John Eastman Discusses the SCOTUS Cases and More

Larry Elder interviews Professor John Eastman in regards to the recent Supreme Court decisions and the nomination process for Justice Kennedy’s replacement. Discussion about the Courts purpose and how States should have more say, and audio of Kennedy attacking Bork is added (the start of this whole politicization of the nomination process BTW). Enjoy.

IRONY | Maxine Waters Is Violating the KKK Act of 1871

Professor John Eastman notes that Maxine Waters may in fact be violating the Ku Klux Klan Act of 1871. Here is a posrtion of the HISTORY CHANNEL article on this:

After 1870, Republican state governments in the South turned to Congress for help, resulting in the passage of three Enforcement Acts, the strongest of which was the Ku Klux Klan Act of 1871.

For the first time, the Ku Klux Klan Act designated certain crimes committed by individuals as federal offenses, including conspiracies to deprive citizens of the right to hold office, serve on juries and enjoy the equal protection of the law. The act authorized the president to suspend the writ of habeas corpus and arrest accused individuals without charge, and to send federal forces to suppress Klan violence. This expansion of federal authority–which Ulysses S. Grant promptly used in 1871 to crush Klan activity in South Carolina and other areas of the South–outraged Democrats and even alarmed many Republicans. From the early 1870s onward, white supremacy gradually reasserted its hold on the South as support for Reconstruction waned; by the end of 1876, the entire South was under Democratic control once again….

Immigration Law and Families |John Eastman|

Larry Elder discusses the policy of separating children from their families if they have crossed over the border illegally with Dr. John Eastman (a law professor and constitutional law scholar). Professor Eastman brings some needed clarity to the topic. This related article brings more clarity to the issue:

See also, “Michael Steele: Trump May Put Your Children in a Concentration Camp

Double Standards – It Depends On Who Is In Office

Larry Elder nails down some double standards that Democrats enjoy and the media perpetuates. Larry zeros in on an example using Oprah Winfrey and a Larry King interview of Donald Trump. I include near the end Larry and Professor John Eastman discussing the topic as well.