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Apr 19, 2024
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justice thomas: what is the difference? mr. mcdowell: bloom requires that encouragement overwhelm the judgment of intermediary, -- justice thomas: and what would that look like in this case. mr. mcdowell: in this case, i think you could think of the offer of leniency that vullo made it to lloyd's as either a form of significant encouragement, saying we will go easy on you for legal violations, or as a threat basically saying we will bring these enforcement actions against you if you do not stop doing business with gun groups. coercion and significant encouragement are two sides of the same coin, as mr. fletcher said earlier. chief justice roberts: counsel, considerable overlap with the first case. can you articulate what the differences are with your position in this case and the position in the prior case? mr. mcdowell: there are no differences as to the legal principles. the difference here is there is a specific course of threat, particularly in the lloyd's meeting, where she threaten adverse action in the form of enforcemen
justice thomas: what is the difference? mr. mcdowell: bloom requires that encouragement overwhelm the judgment of intermediary, -- justice thomas: and what would that look like in this case. mr. mcdowell: in this case, i think you could think of the offer of leniency that vullo made it to lloyd's as either a form of significant encouragement, saying we will go easy on you for legal violations, or as a threat basically saying we will bring these enforcement actions against you if you do not stop...
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Apr 2, 2024
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he's killed in the thomas farm fields. and what eventually ends up happening as these 35 union or confederate cannon start to tell on the union battle line, they've been pushed up to the front and they start to inflate, fire their the union positions. so if you if you are a union soldier, you've got no choice but to flee. and so the union battle does begin to start buckle and break. ironically enough, the last bridge to fall is the one held by the least experienced soldiers. the ohio national guard and the potomac home brigade are the last union regiments to fall back off the field. i know it looks like antietam, but this is a sketch in the 1890s of the stone stone bridge at monocacy. tyler's men hold off long enough for ricketts, his men, to retreat behind him. and then tyler pulls out and the growing dusk. so we've got our two bridges, right? we've the burnt covered bridge. we've the stone bridge. that's our last. our last bridge. what about george davis and his merry band of skirmishes? we come back to the bridge that s
he's killed in the thomas farm fields. and what eventually ends up happening as these 35 union or confederate cannon start to tell on the union battle line, they've been pushed up to the front and they start to inflate, fire their the union positions. so if you if you are a union soldier, you've got no choice but to flee. and so the union battle does begin to start buckle and break. ironically enough, the last bridge to fall is the one held by the least experienced soldiers. the ohio national...
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Apr 19, 2024
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katyal: so, justice thomas, our position and ms. vullo's position is it i not one illegal insurance product, it is all legal. the attachments of the colaints attach the consent orders which make that clear. the nra never got a linsfor all of the affinity products. it is their burden to prove -- in other words, unlawful insurance product is in the complaint,hey never identified in the complaint. we spent a huge amount of time on this and call them out. to this day they have not explained one lawful proct that was ever issued by these three insurers. and that is why we think if you arasking yourself is there an obvious likely explanation for what is going on, that is what it is. that is why the consent orders -- justice sotomayor: sorry, these affinity programs could have been altered, and these consent decrees and what she was seeking was a ban even of potentially lawful affinity programs. i mean, if they had taken out enttionality provision or the criminal activityrovision and just insured for accidents wi guns or things like that,
katyal: so, justice thomas, our position and ms. vullo's position is it i not one illegal insurance product, it is all legal. the attachments of the colaints attach the consent orders which make that clear. the nra never got a linsfor all of the affinity products. it is their burden to prove -- in other words, unlawful insurance product is in the complaint,hey never identified in the complaint. we spent a huge amount of time on this and call them out. to this day they have not explained one...
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Apr 5, 2024
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that's thomas nixon, the left and d.w. griffith, who became quite famous and successful filmmaker back in the silent film days on the right, both sons of the both white and dixon was a southern baptist minister who really thought a lot of himself, and he came north and ended up on the lecture circuit, and he, in saint louis, missouri, one night, and he had a little time on his hands. so he took in a stage performance uncle tom's cabin and lo and behold, he walked out of that theater with tears streaming down his face. this whites supremacist, because he was and said he wasn't identifying the characters in stowe's story. he was angry that she had perverted what he knew to be the real story of. the south and what what the union had done to the south and ruined down there with the civil war and reconstruction. and he vowed to write books and he was going to set the record straight. so in short order he wrote oh, and he i tried to read these books that the terrible he's not a good writer so he tried to he he ends up coming up
that's thomas nixon, the left and d.w. griffith, who became quite famous and successful filmmaker back in the silent film days on the right, both sons of the both white and dixon was a southern baptist minister who really thought a lot of himself, and he came north and ended up on the lecture circuit, and he, in saint louis, missouri, one night, and he had a little time on his hands. so he took in a stage performance uncle tom's cabin and lo and behold, he walked out of that theater with tears...
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Apr 1, 2024
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that's thomas nixon, the left and d.w. griffith, who became quite famous and successful filmmaker back in the silent film days on the right, both sons of the both white and dixon was a southern baptist minister who really thought a lot of himself, and he came north and ended up on the lecture circuit, and he, in saint louis, missouri, one night, and he had a little time on his hands. so he took in a stage performance uncle tom's cabin and lo and behold, he walked out of that theater with tears streaming down his face. this whites supremacist, because he was and said he wasn't identifying the characters in stowe's story. he was angry that she had perverted what he knew to be the real story of. the south and what what the union had done to the south and ruined down there with the civil war and reconstruction. and he vowed to write books and he was going to set the record straight. so in short order he wrote oh, and he i tried to read these books that the terrible he's not a good writer so he tried to he he ends up coming up
that's thomas nixon, the left and d.w. griffith, who became quite famous and successful filmmaker back in the silent film days on the right, both sons of the both white and dixon was a southern baptist minister who really thought a lot of himself, and he came north and ended up on the lecture circuit, and he, in saint louis, missouri, one night, and he had a little time on his hands. so he took in a stage performance uncle tom's cabin and lo and behold, he walked out of that theater with tears...
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Apr 22, 2024
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memorials to thomas jefferson, franklin d roosevelt and martin luther jr stand on its banks. the tidal basin started as an engineering project, but has also served as a swimming hole, a protest ground and scene of a political scandal. national mall and memorial communications chief met us on site to talk about the area's history and famous japanese cherry trees. we are at the edge of. the tidal basin in washington, d.c. home to the world famous cherry trees which blossom every spring. well-known to washingtonians, people across, the country, and in fact, people across the world. but had you been here before 1890 or so? we would be in the middle of the potomac river. this area has evolved over the years. there's always been an element of recreation out around the tidal basin. but with passing of time recurring, fashion has become much more important than initially was. now, as early as 1890, there was an established swimming area around what we know today as the tidal basin. with the planting of the cherry trees originally in 1912, that really created interest and tourism and
memorials to thomas jefferson, franklin d roosevelt and martin luther jr stand on its banks. the tidal basin started as an engineering project, but has also served as a swimming hole, a protest ground and scene of a political scandal. national mall and memorial communications chief met us on site to talk about the area's history and famous japanese cherry trees. we are at the edge of. the tidal basin in washington, d.c. home to the world famous cherry trees which blossom every spring....
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Apr 28, 2024
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tom thomas hazlett. well this does take us back and the comments of henry goldberg are quite well informed. he was there, by the way. i'll just say not all of the panelists were there during the during the nixon administration. but if i had been eligible vote, sure, i would have been happy, participate. but the the comment that struck me too is that what a mess was in 1969. at the same time, there no question that the united states was far ahead of other country. and one of the ironies here is that, yes, there were a lot of challenge in the us and we knew it. we knew things weren't working as they might. had a lot of opportunities that we were not taking advantage of. but you look the world and there was no model nobody was doing it better. in fact, all our peer countries were were lost in state monopolies. so you go to the british telecom or ntt in japan, deutsche telekom. these were countries that not only had monopoly, they had monopolies and no chance to jump ahead and to competitive world. given the
tom thomas hazlett. well this does take us back and the comments of henry goldberg are quite well informed. he was there, by the way. i'll just say not all of the panelists were there during the during the nixon administration. but if i had been eligible vote, sure, i would have been happy, participate. but the the comment that struck me too is that what a mess was in 1969. at the same time, there no question that the united states was far ahead of other country. and one of the ironies here is...
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Apr 28, 2024
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well, the reason michael and i used thomas paine as an inspiration in the book and thomas paine in 1775 wrote a pamphlet called common sense, and it was a time when he was actually reaching out to the his fellow. they weren't citizens yet. they were settlers, i guess they were was the the. the actual existence of the united states. and he was calling out a question for know for folks. and he was saying, look, we a choice to make. we can either continue to be subjects of a monarch and just have, you know, few or no human rights own little and and really just by the by just, you know, fates born into a royal family and they only control me. and i'm you know, i get to in the case of my ancestors, you know, just work the land and maybe keep to survive. and the rest of what we they produced went to you know, went to the royal manor, so to speak, or we could be citizens and with that came a whole list rights, right? that we could, which became known as rights in our declaration of independence. in other words, you're born with it, you have the same rights as the king or the queen. and and you
well, the reason michael and i used thomas paine as an inspiration in the book and thomas paine in 1775 wrote a pamphlet called common sense, and it was a time when he was actually reaching out to the his fellow. they weren't citizens yet. they were settlers, i guess they were was the the. the actual existence of the united states. and he was calling out a question for know for folks. and he was saying, look, we a choice to make. we can either continue to be subjects of a monarch and just have,...
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Apr 15, 2024
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kelly did, an engraving called the sheridan's ride and it's actually named after a poem written by thomas buchanan read. and there was a famous now you got to remember this was a time in american history young young schoolchildren had to study and, memorize poetry and recited in the classroom. well, probably the most popular poem of the day was sheridan's right. and you'll see the painting over there on the wall of the author of that poem is also the painter, and that's thomas mchenry's painting of sheridan's. right. well, when kelly was drawing this his version of sheridan's right. his father just commented and say, well, the poem says that as they make a statue one day of that event. and i wonder going to be the sculptor to create statue. and kelly said, may, i'll do it. yes, sorry. and that was kelly's very first attempt at sculpture. you'll see on the table there is a copy of kelly's statuette bronze of general sheridan at the of cedar creek. it was a very popular bronze. it was in the window of tiffany's in manhattan and a young college student was walking past tiffany's window, and
kelly did, an engraving called the sheridan's ride and it's actually named after a poem written by thomas buchanan read. and there was a famous now you got to remember this was a time in american history young young schoolchildren had to study and, memorize poetry and recited in the classroom. well, probably the most popular poem of the day was sheridan's right. and you'll see the painting over there on the wall of the author of that poem is also the painter, and that's thomas mchenry's...
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Apr 8, 2024
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it's with thomas jefferson's reading list. just read the books on jefferson's reading and found that they all contain the phrase the pursuit of happiness and found that they all cited the same ancient sources. so i thought it was revelatory. i've also come to understand that. i mean, i wouldn't have thought that a channeling core moral philosophy of the founding would be controversial, but there is a division just as there is on between the left and the right, among conservative it is between. common, good and virtue. crowd conservatives really take an augustinian approach and think that there's a single revealed truth that people should embrace. and it's the revealed truths of the christian church and and those and classical liberals. and i think i hit a nerve. i want to ask you this large question of shifting topics, a bit as i'm reading this, i'm listening to you and we're in this place. we're looking at what, we're looking at. we know that our our politicians 250 years ago and it's almost 250 years ago, actually were grapp
it's with thomas jefferson's reading list. just read the books on jefferson's reading and found that they all contain the phrase the pursuit of happiness and found that they all cited the same ancient sources. so i thought it was revelatory. i've also come to understand that. i mean, i wouldn't have thought that a channeling core moral philosophy of the founding would be controversial, but there is a division just as there is on between the left and the right, among conservative it is between....
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Apr 21, 2024
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charles story and thomas smallwood ran a successful operation in washington d.c. they both the city in 1843. as the authorities closed in on them. tarry later returned was captured and sent to prison where he in 1846. his place, as we have seen, was taken by william chaplin of upstate new york. one of the driving forces behind behind the attempted escape of the poor. there were other escapes in 1848, near midnight. in early december, the nashville in nashville, tennessee the constable caught richard dillingham as he crossed the cumberland river with three slaves. the 25 year old quaker had been teaching in cincinnati, ohio, at his trial. dillingham admitted his guilt and was sentenced to three years of hard labor in the state penitentiary where he contracted cholera and died in 1850 weeks later. william and ellen crawford escaped from macon. phenotypically ellen disguised as a slave holder traveling to philadelphia for medical reasons. william accompanied her as her slave. they left over the christmas holiday, traveling by train and carriage. the couple it to phil
charles story and thomas smallwood ran a successful operation in washington d.c. they both the city in 1843. as the authorities closed in on them. tarry later returned was captured and sent to prison where he in 1846. his place, as we have seen, was taken by william chaplin of upstate new york. one of the driving forces behind behind the attempted escape of the poor. there were other escapes in 1848, near midnight. in early december, the nashville in nashville, tennessee the constable caught...
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Apr 18, 2024
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cole: again, it is the same sw as to justice thomas. of course the first amendment prohibits absolute censorship or suppression of speech, but it also prohibits the imposition of any burden on speech because of its content. even if the government denies a contract to an entity because it disapproves of -- justice jackson: right, but isn't the hard part figuring out whether or not the burden is being imposed because t content of the speech or becau of the conduct? that is where we have to be real ceful about what you are alleging is a first amendment problem, because e government can regulate conduct. mr. cole: i agree, and if this was a case where the government d said the nra is violating e law left and rht and we have to respond to that, and here are the legal obligations, that would be one thing. that is not what they said. they said "we want to shut the a dow wwant to put the gun lobby out of business." the title of the guidance letters that she issues are guidance regarding the nra and her gun-promotion organizations. the whole gui
cole: again, it is the same sw as to justice thomas. of course the first amendment prohibits absolute censorship or suppression of speech, but it also prohibits the imposition of any burden on speech because of its content. even if the government denies a contract to an entity because it disapproves of -- justice jackson: right, but isn't the hard part figuring out whether or not the burden is being imposed because t content of the speech or becau of the conduct? that is where we have to be...
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Apr 28, 2024
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he lies in state in new york, guarded by thomas francis. more as irishman. march in the parade. he's observed by a teenaged irish born artist student who never forgets the space he sees in that open coffin in new york and goes on to immortalize him in bronze. augustus saint gardens. so under lincoln the face and of america changed. and i think lincoln affirmatively helped change it. but did he do so perfectly? no. he also signed the a bill horrendously cold, the color act of 1862, which limited chinese immigration to california because the coolie trade it was called was considered a second slave. trade by some. but in truth, california had been 65% asian and many californians wanted that to stop. did his vision include latinos? no. it just wasn't a major thing. although in the mexican session, every mexican in the new american territory became an american overnight. it just wasn't a major part of the immigration experience. but i do turn back to that 1858 speech when lincoln invited a foreigners to share a democracy they could believe in, identify with, and fight for. remember d
he lies in state in new york, guarded by thomas francis. more as irishman. march in the parade. he's observed by a teenaged irish born artist student who never forgets the space he sees in that open coffin in new york and goes on to immortalize him in bronze. augustus saint gardens. so under lincoln the face and of america changed. and i think lincoln affirmatively helped change it. but did he do so perfectly? no. he also signed the a bill horrendously cold, the color act of 1862, which limited...
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Apr 7, 2024
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bush is a world in which you know, i mean, he was replaced by clarence thomas. imagine a clinton appointee. hard to imagine a clinton appointee would look, you know, quite as conservative as clarence thomas. that's i mean, i do think it's worth stressing that if we're going to talk about the sort of the move toward building a multiracial democracy, we talk about the supreme court's role in dismantling. and you know what, to me as chief justice roberts, least offensive single decision on the court, shelby county versus holder, where you know, in 2013, the court takes a massive bite out of the voting rights act in ways that have been just so visibly effective and horrifyingly effective in reallocating political power in states with historical patterns of discrimination on the basis of race and voting. a world again, a world in which the court actually thought congress would be responsive. a world in which the court thought that a week after that decision, congress would introduce a new coverage formula, which the court almost expressly invited it to do. i don't th
bush is a world in which you know, i mean, he was replaced by clarence thomas. imagine a clinton appointee. hard to imagine a clinton appointee would look, you know, quite as conservative as clarence thomas. that's i mean, i do think it's worth stressing that if we're going to talk about the sort of the move toward building a multiracial democracy, we talk about the supreme court's role in dismantling. and you know what, to me as chief justice roberts, least offensive single decision on the...
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Apr 16, 2024
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>> look at before, justice thomas. you look at the kinds of manner in which documents and records are to be impaired and then you look after to see what the effect is. i would submit that the effect is the same in order to cause the impairment of the integrity of the evidence that is to be used in the preceding or to prevent its availability. we look back and we look forward. >> wouldn't it be just as easy to look at the c 2 and ask what it has in common with c 1 as the basis for that similarity? >> no, because it is fixed to the effect of the actions that it covers. in other words, we look at c 1 and see that congress is concerned about documents and records and other objects and things that are done to impair the integrity of those. the effect of that is to obstruct. c 2 omits that object and verb section. >> you could just as easily say congress is really concerned about things that obstruct, influence, and impede the proceedings. so why isn't that the basis for the similarity? >> the presence of the otherwise provi
>> look at before, justice thomas. you look at the kinds of manner in which documents and records are to be impaired and then you look after to see what the effect is. i would submit that the effect is the same in order to cause the impairment of the integrity of the evidence that is to be used in the preceding or to prevent its availability. we look back and we look forward. >> wouldn't it be just as easy to look at the c 2 and ask what it has in common with c 1 as the basis for...
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Apr 8, 2024
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he gives the job to a man named thomas andrews, and he is the slaughtered in the story. he's the architect that everybody remembers standing in front of the clock as the ship is flooding, saying, rose, i'm sorry i didn't build you a stronger ship. well, it turned out that is my error. bruce thomas andrews did design a very strong ship and that when they showed the plans to bruce ismay and the white star executives because the board of trade regulations required one inch steel, they cut the steel from one and a quarter inches to an inch. they diminished the size of the rivets. and that and the specifications for 48 lifeboats were reduced to six. so originally the ship had been designed as a much stronger ship with more lifeboats. the decision was all white stars. they had they had to make the decision to save coal. saving coal was the the prime job of a ship, a ship shipping company manager, because it was everything depended out. there were coal strikes all the time. so they make these decisions and this we're all we're finding all of this out at the ulster folk and tran
he gives the job to a man named thomas andrews, and he is the slaughtered in the story. he's the architect that everybody remembers standing in front of the clock as the ship is flooding, saying, rose, i'm sorry i didn't build you a stronger ship. well, it turned out that is my error. bruce thomas andrews did design a very strong ship and that when they showed the plans to bruce ismay and the white star executives because the board of trade regulations required one inch steel, they cut the...
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Apr 29, 2024
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you know, as thomas put it, the united states is supposed to be different. it was not like the old monarchies with their aristotle crises and their rigid hierarchy. so many of them were anti-slavery, like lincoln. they saw it as a blot on american republicanism to a some of them were not that concerned about the plight of black people, but they were concerned about the reputation of american republic. so those people, i think, did an anti-imperialist sort of voice. yes. in the north. yeah. but by that time, the republican party is no longer the party. many of the dominant powers, especially after william mckinley elections in 1896, it becomes far difficult for anti-imperialist to degrade traction. and then many of them support william jennings bryan. right? right. and that is a complete break. that radical republican tradition. right. so yes. there were always dissenters, voices, and there were dissenting amongst african-americans. yes. against imperialism. there were others like douglas and thomas fortune, who went along right advocating democracy cause the
you know, as thomas put it, the united states is supposed to be different. it was not like the old monarchies with their aristotle crises and their rigid hierarchy. so many of them were anti-slavery, like lincoln. they saw it as a blot on american republicanism to a some of them were not that concerned about the plight of black people, but they were concerned about the reputation of american republic. so those people, i think, did an anti-imperialist sort of voice. yes. in the north. yeah. but...
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Apr 7, 2024
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he gives the job to a man named thomas andrews, and he is the slaughtered in the story. he's the architect that everybody remembers standing in front of the clock as the ship is flooding, saying, rose, i'm sorry i didn't build you a stronger ship. well, it turned out that is my error. bruce thomas andrews did design a very strong ship and that when they showed the plans to bruce ismay and the white star executives because the board of trade regulations required one inch steel, they cut the steel from one and a quarter inches to an inch. they diminished the size of the rivets. and that and the specifications for 48 lifeboats were reduced to six. so originally the ship had been designed as a much stronger ship with more lifeboats. the decision was all white stars. they had they had to make the decision to save coal. saving coal was the the prime job of a ship, a ship shipping company manager, because it was everything depended out. there were coal strikes all the time. so they make these decisions and this we're all we're finding all of this out at the ulster folk and tran
he gives the job to a man named thomas andrews, and he is the slaughtered in the story. he's the architect that everybody remembers standing in front of the clock as the ship is flooding, saying, rose, i'm sorry i didn't build you a stronger ship. well, it turned out that is my error. bruce thomas andrews did design a very strong ship and that when they showed the plans to bruce ismay and the white star executives because the board of trade regulations required one inch steel, they cut the...
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Apr 26, 2024
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so thomas jefferson becomes president 1801 an 1802. he writes the letter to the danbury baptists in connecticut where you are who are worried because the state of connecticut does not have an explicit religious liberty guarantee its own constitution. right. he writes them and that's where we get the phrase separation of church and state. he uses it in that letter to the danbury baptists in connecticut. right. and he's saying that's how you should understand this that the u.s. constitution effectively built a wall of separation between church and state. so it kind of settles their consciousness. so that's 1802 1803 is the louisiana. right now i taught that their louisiana purchase was the greatest real estate deal in history. right. so we doubled the size of. the country paid less than a nickel an acre for that land is essentially $0.04, but and i've thought of it it's thought of as a real estate deal where we literally get titles right to this thing. but they weren't he wasn't for $15 million. the to those lands. he was buying the righ
so thomas jefferson becomes president 1801 an 1802. he writes the letter to the danbury baptists in connecticut where you are who are worried because the state of connecticut does not have an explicit religious liberty guarantee its own constitution. right. he writes them and that's where we get the phrase separation of church and state. he uses it in that letter to the danbury baptists in connecticut. right. and he's saying that's how you should understand this that the u.s. constitution...
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Apr 27, 2024
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and i was recently reading thomas paine. you know, thomas paine was a conservative, but he had this beautiful line in a letter that he wrote, a french minister, he said the american revolution was not really a revolution. it was a counter-revolution, recover lost rights and liberties. does that sound familiar to our situation today the colonists who were revolting over the taxation right is like a heavy tax. what do you think tax rate was that they were to the to the to the king to the parliament was. was 1 to 2%. you know, they're like, we're going to fight you to death over 1% tax, which comes that we become so complacent. i'm from california. they're like 50% we can compromise there, but not a penny more than 50%. but i think we have to get aggressive. i think we'd have to learn from our enemies and then encourage friends and what i try to wake up and do every day, i live in a small town in washington state. i don't live in i would say i live in washington. they say, oh, what neighborhood? you know, georgetown or whatever
and i was recently reading thomas paine. you know, thomas paine was a conservative, but he had this beautiful line in a letter that he wrote, a french minister, he said the american revolution was not really a revolution. it was a counter-revolution, recover lost rights and liberties. does that sound familiar to our situation today the colonists who were revolting over the taxation right is like a heavy tax. what do you think tax rate was that they were to the to the to the king to the...
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Apr 4, 2024
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and before that, thomas jones, the confederate operative who specialized in taking confederate spies across the potomac had concealed him in a pine for several days. jones theory was let the man hunters pass through this area and go on to other places. and then when that happens, i'll take you down to the river and you can. and so booth spent several days with david herold hiding in the pine thicket. jones would bring him food, bring him newspapers, and conceal from his own servants that he was bringing food to a man who needed food. food, not only for himself, but for his horses to. so booth had to spend several days in the pine thicket before he crossed the potomac. and then jones came to him one day and said, now is the time we go. and jones had checked out local to see what the union troops were up to, and he drank with some of them and one of them said, i will pay a $100,000 reward to capture booth. and jones said, well, that should do it. if money would work because jones soon loyalty to booth. and he took booth and he drove down to the river, said, farewell, my friend. and jon
and before that, thomas jones, the confederate operative who specialized in taking confederate spies across the potomac had concealed him in a pine for several days. jones theory was let the man hunters pass through this area and go on to other places. and then when that happens, i'll take you down to the river and you can. and so booth spent several days with david herold hiding in the pine thicket. jones would bring him food, bring him newspapers, and conceal from his own servants that he was...