Can the Government Throw You Out of Work? (Not in Some States!)

[@sinequanon5586]

The rub is the word "reasonable". It's amazing how often that word takes on very different meanings depending on the judge who defines it.

[@pilotandy_com]

And the phrase "due process", sure would like to know what that means.

[@sinequanon5586]

@@pilotandy_com Basically it's the process that is due before a right can be infringed upon. There's two types of due process: there's procedural due process and there's substantive due process. Procedural due process means they have to do this, then this, then this - and if they skip one or more of those steps, then they infringed on your right wrongfully. Substantive due process is more fundamental, better explained here: www.law.cornell.edu/wex/substantive_due_process .

[@pilotandy_com]

@@sinequanon5586 Thanks. So substantive due process is a notion, an argument, a dissenting opinion, and an interpretation. Got it.

[@pilotandy_com]

And people look at me weirdly when I proclaim the law is simply an opinion with a gun.

[@sinequanon5586]

@@pilotandy_com LOL...that's exactly what it is. Love the quote...I'm stealing it.

[@musashiaharon9808]

In CA, the rational basis test has been used for years to quash the 2nd amendment. Rational basis is a rubber stamp.

[@blackberryfarm7179]

Thanks for standing for Americans!

[@buckyflex1]

I recently was informed that my commercial driver's license has been permanently disqualified in the state of Massachusetts for having gotten "two serious offenses in 2 years" in the state of New York the first one was a seatbelt violation, the 2nd was driving on a suspended license which occurred as a result of not paying the first seat belt ticket on time. Two "serious" offenses 2 years, license gone. This being the first time I was charged with the two tickets in 2 years thing, had me pay them a $40 fine and privileges restored in NY. Massachusetts however has decided to permanently disqualify me from having a CDL which means no other state will allow me to have one either so I'm officially forbidden from working my legitimate profession, a much needed profession. The most u just element of this whole thing to me is the fact that at the time of my disqualification I had already taken care of the seat belt and suspended license citations both have been fully adjudicated, all fines paid, all penalties obligations met, driving privileges restored in New York AND Massachusetts BOTH CASES CLOSED I HAVE ALREADY BEEN PUNISHED FOR THESE OFFENSES AND MET THE OBLIGATIONS. Massachusetts saw that allowed me to pay several hundred dollars in reinstatement fees gave me my license back and let me keep it for a year in which time I have received no citations no new offenses whatsoever nothing then they send me a letter saying as of tomorrow you are hereby disqualified from holding a CDL and your class A license will be downgraded to class D. And for the sake of full disclosure I will admit that on paper & from a distance my driving record looks... Lengthy. But it's all administrative stuff like expired inspection sticker not getting a new inspection sticker when I buy a vehicle, suspended license or registration for not paying fine from other administrative citations but the fact is I have no felonies and I have never had a single speeding ticket never a single accident of any kind no DUI, no infractions on my record related to the safe operation of a motor vehicle of any kind yet I am expressly and permanently forbidden from ever being a truck driver when I have my wife & at home mother of our three children 10 5 and 9 months who completely upon me as their sole provider. Unfortunately at 40 years old that's all I know silly me for having not been simultaneously training and gaining years of experience in some other career field in anticipation of the day the government decides to shut me down & arbitrarily prohibit me from being a truck driver. Guess I should have known better... Especially in Massachusetts.

[@AngryReptileKeeper]

I've long suspected that vast local, state and federal government interference (via legislative and regulatory overreach) actively prevents Americans from thriving as much as they could. After watching a few of your videos, it's now painfully clear how true that is. Goodness knows it's holding me back from a lot just because I can't afford to comply. I technically have more than enough money to buy a piece of property and place a safe, habitable structure on it... If it weren't for the fact that I'm required to do it according to the government's specifications. And even after all that, I STILL have to pay them rent in the form of property taxes, lest they take it away from me. Just whose property is it, anyway?

[@DanRichworth]

Good job to everyone involved! This is what the USA is supposed to be about.

[@LadyAdakStillStands]

When Govmt requires a license just to cut hair, it leaves the doors open to require licensing or permits for wiping asses. Too many licenses and/or permits required for too many jobs not really needing government oversight.

[@netabaughman3079]

And why do you need a license in every state? Why can't you pick a Chiropractor as your primary care physician in EVERY state? Why do the insurance companies get away with undermining our health?

[@scottm.franklinnc7942]

It's all about the money..and over reach of Gov. say yes we will allow you to do that job ... the other thing that needs to happen IF they are going to make you have a lic. to do that job is to make it unified in every state so no matter where you move to that lic. or degree is good.

[@Strideo1]

@@netabaughman3079 Why should a health insurance company be required to cover anyone's visits to an unqualified quack?

[@StevenMRA]

GREAT podcast guys. This gave a "explain it to the man on the street" explanation that the layperson can understand.

[@doylefoust4802]

I live in a at will state, meaning you can be fired at will. After 30 years working some place show up 1 minute late, your fired!

[@sbearly]

Don't be Late!

[@sinequanon5586]

Especially handy as retirement approaches.

[@Strideo1]

@@sinequanon5586 as if private employers even give retirement benefits anymore

[@sinequanon5586]

@@Strideo1 good point

[@johnf6687]

Some can make at will last forever however in my opinion you can never have at will employment and become a successful country, these workers have bills and family they need job security and due process, there can’t be a double standard either the managers committing safety violations never discipline but worker always.

[@da-n-ny1742]

Why can't you go after the lobbying groups and their supporters for damages and loss of income? Then those parties would think twice before supporting those laws.

[@RogerWKnight]

The rational basis test is the copout to end all copouts. It's how judge prevent the US Constitution from standing in the way of "necessary" legislation. Because the interest in the enforcement of our Constitutional rights is not the HIGHEST interest of our government!

[@KenoticMetanoia]

The government needs to be put back in Pandora's box and then the box has to be instantly dematiarlized out of existence completely.

[@netabaughman3079]

That would be taking away Corporate Immunity and Certified Immunity. I am waiting! HELLO BTW, I wanna shine a flashlight into that box "for the people" I am a human (also an American so there IS a constitution you know), not a utility.

[@tragicmagicMAN]

I am a truck driver who got disqualified to drive because I can’t sleep with a c-pap machine, I need legal help.... been out of work for 6 months now!

[@heroesandzeros7802]

I had an employee that was arrested for being at work and refused to leave work. Same employee had earlier been illegally stopped and illegally searched just for walking to work. Same employee was also physically removed from her home by local officers, not served eviction by sheriff as is the law. Why? The cops did not like her hair style. This is the same town that tazed a 15 year old mentally challenged boy to death for waving a Bible and pleading for his mother. Google Roger Holyfield. This is the same town where the cops orchestated a "Bomb Threat" on my business to detain all patrons and search my building for drugs. They found no bombs or drugs. The cops do not care about the law and the FBI, DOJ and IJ does not care about the cops or this lady.

[@Strideo1]

What does IJ have to do with her case?

[@matthewronsson]

"It can be oppressive, just not 'unduly' oppressive".

[@LifeBetweenTheDash]

Really important rulings. Great work.

[@Bigheadtf]

Simple Solution abolish government all problems solved!!

[@KenoticMetanoia]

That sounds just about right to me.

[@scottm.franklinnc7942]

I would say ..do away with how Gov. has gotten out of controll as well as some of these lifers ... The system that WAS set up is just and does work ...its the ying yangs that keep adding or changing it .... Remember it says ..Gov. for the ppl by the ppl The ones in office are put there by very few ppl..if you look at how many ppl go out and vote...I think it was Thomas Jefferson or Benjerman Franklin that said if you don't keep the Gov. system in check it will grow out of controll and be like a devouring monster.

[@Strideo1]

Then you can be oppressed by your neighbors directly!

[@malachimosby3395]

Can somebody please explain to me why I’m hearing that the Constitution is suspended. What does this mean? Something about the Dream act.

[@kelloggkirsten]

Various "people" (i.e. gossip) started saying the "constitution is suspended" back in March when this "global plandemic" hit. But it is not suspended during times of emergency, according to the Attorney General William Barr. Here is his letter dated April 27, 2020: www.justice.gov/opa/page/file/1271456/download

[@danielerdman7543]

Ok, I might not have the “right” to BE happy. However, it is a well established fact in law, that I DO have the God given RIGHT , to Pursue being 😊 happy. Being gainfully employed, is my pursuit of happiness. Just saying..... Godspeed

[@sooners4christoklahoma455]

My career was ruined 3 yrs ago ever since when i do get a job in denied any overtime and if it do work it they don't pay me I'm being treated like I'm no longer a u.s citizen any idea how or why

[@havenbastion]

A legitimate government values the best interests of every individual, not special interests, not even the majority.

[@sherrydee7880]

Define "UNREASONABLE" and I doubt this is going to work to their advantage. It's a free country with free enterprise and I can call myself anything I want to and charge whatever fee that I see fit to charge. I would not, but I think you get my point. Competition is not unreasonable. Just annoying. Supply and Demand means anyone can start their own business. That's as honest of a living as anyone should expect in the USofA. In my view.

[@danielerdman7543]

Government going after professional, “ lactation consultants “, now that REALLY SUCKS ! Godspeed

[@supernerd7093]

the mayors and governors must be sued as individuals! I do not care about the shield they have from lawsuits! if enough lawsuits go to court at the state and federal level some will make past the bogus protection these cowards can hide behind.(activist judges dare I say) I also believe some can be charged with " dereliction of duty when it comes to acts done under the aegis of government policy "

[@joeylicano6803]

Everything about everything is wrong.

[@KenoticMetanoia]

Absolute truth buddy..this world is upside down and so very far from morality and justice.

[@yoman5136]

Joey Licano “It is what it is !”

[@danielerdman7543]

Apparently, The law does in fact, protect your rights to, Earn a DISHONEST LIVING. Go figure ? Godspeed

[@netabaughman3079]

Anti-trust Courts will need to go retro. If it takes a third party (bipartisan) to implement this, so be it. By the time this administration is out of office, the four years mark will of come and gone for taking matters to court. This I not fair to those of us without the funds to hire attorneys and take these matters before a judge independently. We need representation and this could build the trust we need in the justice department.

[@danielerdman7543]

To require something to be “reasonable”, IS UNREASONABLE..... Godspeed

[@studiosinger]

The problem is The WHO has extraordinary powers directing our government to obey its orders they’re all too willing to do.

[@buckyflex1]

The lesson from the government here is to be a responsible adult for Christ's sake you should be simultaneously training and gaining years of experience in some other career field in anticipation of the day the government arbitrarily decides you are permanently an expressly forbidden from working in your current profession. Man when will people grow up and start to take responsibility for themselves

[@steelwheelsminnesota]

While there are plenty of reasons to be fluent in multiple fields, this is not one of them. How long do you tolerate moving goal posts before you realize that you're not the problem?

[@stevedeweysmith]

Great discussion. Another important issue for healthy normal people is that they may be carrying an infectious disease such as Coronavirus and not know it because they don't have symptoms of illness. Therefore, the government should assault them with needles (vaccines) without their consent, or restrict their right to move about freely and participate in society.

[@sbearly]

Get out in the streets and protest. Lots of protests this weekend.

[@scottm.franklinnc7942]

I dis agree... Get out and vote..do the home work and get some of these " good ol boys" who think they rule the Gov. system out and make the system wrk for the ppl by ppl

[@sbearly]

@@scottm.franklinnc7942 I assume you think voting has solved problems in the past. I don't believe it has. You have to sell out just to get on the ballot. Anyone you vote for has at least partially sold out already. We need something much bigger now than voting. We have a two-party system with both parties ripping us off and blaming the other party. There isn't one good party and one bad party. There is just one oligarchy.

[@kelloggkirsten]

Protest for the commies, good idea.

[@sbearly]

@@kelloggkirsten Nice thing about being a communist is that not only can you protest but you also get to riot, loot, maim and burn things down. Go for it Kirsten!

[@richardshaw7673]

Historically, "lactation consultants" are grandmothers! The fracturing of American families has created the need for someone to perform a role historically held by grandmothers.

[@Strideo1]

Even if true that's besides the point here.

[@AuditorsUnited]

persuit of happiness covers this anyone else fo... the point we have gotten so tyrannical your asking these questions... time to abolish.. read the declration of independece it reads like it was written about now

[@kelloggkirsten]

That's because a communist takeover is happening right now. See all the signs? Know your history? It's happened so many times in different areas around the world over the last 100 years, so not difficult to find parallels. South Africa is a recent example.

[@timduffey5356]

I understand, and totally agree with. your legal position on state constitutions being a source of expanded personal constitutional protections. However, when it comes to the subject of State Constitutions there are long standing federal doctrines that establish Federal jurisdiction in most economic related constitutional claims? If a state Supreme Court entered a judgement providing additional personal economic protections that the Feds dont recognize isn't the state courts decision, by definition, unconstitutional by federal standards? Considering every state constitution has a Federal Constitution supremacy clause? Furthermore, it should be noted that any state court ruling granting the Citizens of its state protections not recognised by the Federal administrative agencies has a very good chance of literally vacating any number of established federal administrative enforcement authorities. The State of Missouri just signed into law a bill that makes any attempt to enforce federal gun bans/seizures within the state a felony. Imagine how much fun would be had if a state court entered a judgement that provided its citizens legal protections that effectively vacated the federal constitution commerce clause, or the 14th Amendment.

[@TellingStewart]

🌱🌾🙏☀️🍃

[@moonovermiami9787]

what in God's name is this about? Every single state's constitution MUST ALIGN with US Constitution. 4th, 9th & 14th Amendments, for starters! Moreover, Courts CAN NOT MAKE LAW. You keep calling a court decision, law. Wrong. They decided on an issue.. that is called CASE DECISION.. NOT LAW. Its BASED ON LAW... the US Constitution, thus the State's constitution. What are you people talking about?Who TF ARE YOU? What school did y'all go to? No wonder our country is in a mess, falling off a cliff!

[@IDIOCRACY-1984]

"Certified" *lactation consultants. WTF !?!?!?* humanity has been around for *hundreds of thousands* of years and now in the 21st century we find the need to certify *experts* to show women how to shove a nipple into a baby's mouth? That movie was apparently NOT fiction. We *ARE* living in the age of *"idiocracy"*

[@KenoticMetanoia]

Amen to that buddy!

[@yoman5136]

Think, some women can’t lactate their body doesn’t cooperate so they need help to get the milk flowing. I’m guessing some women will help by giving milk to sick mothers, mothers that passed on after childbirth. I can see a lot of reasons watching my two babies growing up.

[@scottm.franklinnc7942]

Gee, sounds like the things that a mother taught her daughter just aren't being taught or passed down Then you wouldn't need some lady teaching you how to put a nipple in your babies mouth or a lot of other things as well. 🤔

[@kelloggkirsten]

@@scottm.franklinnc7942 Spoken like a man ! LMAO

[@AngryReptileKeeper]

Lactation consultant on its own isn't absurd. Some women need help with that stuff for a variety of reasons. What IS absurd is requiring certification or licensing for such a thing. It's not as if you're practicing medicine.

[@silentvoiceinthedark5665]

1776 2.0