BREAKING: South Carolina has a different constitution than NC (09-12-2024--Hour1)
The Pete Kaliner ShowSeptember 12, 202400:30:3528.05 MB

BREAKING: South Carolina has a different constitution than NC (09-12-2024--Hour1)

This episode is presented by Simply NC Goods – Apparently, school choice opponents have been unaware of the fact that states have different constitutions. There is no other explanation why they are claiming the SC Supreme Court ruling against vouchers should lead to the elimination of North Carolina's voucher program.

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[00:00:05] [SPEAKER_00]: Show.

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[00:00:26] [SPEAKER_00]: And again, thank you so much for your support.

[00:00:29] [SPEAKER_00]: Heads up, Kamala Harris coming to town, the vice president coming to Charlotte, going

[00:00:35] [SPEAKER_00]: to be doing a rally at the Bojangles Coliseum.

[00:00:41] [SPEAKER_00]: The road closures will start at 2 p.m.

[00:00:45] [SPEAKER_00]: And as I said, when Donald Trump came to town forcing the closure of I-85 for several

[00:00:53] [SPEAKER_00]: hours during a rush hour afternoon, sometimes this moves people's votes.

[00:01:01] [SPEAKER_00]: Sometimes people get mad.

[00:01:06] [SPEAKER_00]: And the same, I said the same thing when Trump came to town.

[00:01:09] [SPEAKER_00]: I say the same thing now when Kamala comes to town, like you shut down people's routes

[00:01:15] [SPEAKER_00]: of egress on their way home on a Thursday afternoon in rush hour.

[00:01:21] [SPEAKER_00]: Some people, now obviously people that already love her, probably not going to

[00:01:24] [SPEAKER_00]: be dissuaded, people who already hate her, not going to change their mind.

[00:01:29] [SPEAKER_00]: You know, they're already going to vote for Trump or something.

[00:01:33] [SPEAKER_00]: But there are people that maybe aren't paying any attention but now somehow got caught

[00:01:37] [SPEAKER_00]: up in it and now they're going to be upset.

[00:01:41] [SPEAKER_00]: Anyway, I-77 and East Independence Boulevard between I-277 and Eastway Drive, so that

[00:01:50] [SPEAKER_00]: whole stretch from 277 ramp right all the way down to Eastway, they're going to

[00:01:59] [SPEAKER_00]: put that down because that's where the Bojangles Coliseum is right there.

[00:02:04] [SPEAKER_00]: Also delays are anticipated around the airport between 230 all the way until 7 o'clock.

[00:02:12] [SPEAKER_00]: I don't know, I mean I guess because she's going up to Greensboro too, right?

[00:02:17] [SPEAKER_00]: I guess she's driving up to Greensboro.

[00:02:21] [SPEAKER_00]: So they're going to fly her in here, they're going to leave Air Force 2 out

[00:02:26] [SPEAKER_00]: there on the tarmac I guess and then they're going to drive her to Greensboro maybe.

[00:02:31] [SPEAKER_00]: I guess that's the I-77 component here, I'm not sure.

[00:02:34] [SPEAKER_00]: They don't give us the routes but for security purposes.

[00:02:39] [SPEAKER_00]: So we'll keep you posted throughout the day but start looking for traffic to get

[00:02:44] [SPEAKER_00]: impacted starting at around 2 o'clock this afternoon right during my show so

[00:02:51] [SPEAKER_00]: we'll keep you posted.

[00:02:52] [SPEAKER_00]: Pam, the GM Warner will have all of the traffic updates for you as well.

[00:02:55] [SPEAKER_00]: All right, so apparently our former North Carolina attorney general, current

[00:03:01] [SPEAKER_00]: governor, my good friend Ray, Roy Cooper, apparently is not aware that the

[00:03:08] [SPEAKER_00]: South Carolina Constitution and the North Carolina Constitution are different.

[00:03:14] [SPEAKER_00]: So this is new information we have apparently just found out because the

[00:03:20] [SPEAKER_00]: South Carolina Supreme Court issued a ruling yesterday regarding school

[00:03:26] [SPEAKER_00]: vouchers and the way that the South Carolina program had worked was that

[00:03:33] [SPEAKER_00]: they took the money and they stuffed it into an account and then that

[00:03:38] [SPEAKER_00]: account would pay for the vouchers and the vouchers could go to private

[00:03:42] [SPEAKER_00]: schools.

[00:03:43] [SPEAKER_00]: And what the Supreme Court said was you can't do that because the state

[00:03:48] [SPEAKER_00]: court or sorry the state constitution says you can't do that.

[00:03:54] [SPEAKER_00]: You cannot use public money for private schools.

[00:04:01] [SPEAKER_00]: I can read you the provision.

[00:04:02] [SPEAKER_00]: It's very clear and of course now I've got leftists who are like, explain

[00:04:07] [SPEAKER_00]: it to me.

[00:04:07] [SPEAKER_00]: Oh, you're the expert.

[00:04:09] [SPEAKER_00]: I'll read you the city.

[00:04:10] [SPEAKER_00]: It's tweets.

[00:04:10] [SPEAKER_00]: It's an ongoing dialogue on Twitter.

[00:04:18] [SPEAKER_00]: Here's what the South Carolina state constitution says.

[00:04:22] [SPEAKER_00]: And by the way, this was amended or this was put in there probably about a

[00:04:30] [SPEAKER_00]: hundred years ago or so.

[00:04:34] [SPEAKER_00]: I don't know exactly why, but if I had to guess it might have had

[00:04:39] [SPEAKER_00]: something to do with Catholic schools, but I don't know that for sure.

[00:04:41] [SPEAKER_00]: Okay.

[00:04:42] [SPEAKER_00]: So here's what the act says.

[00:04:44] [SPEAKER_00]: Here's what article 11 section four of the state constitution says.

[00:04:50] [SPEAKER_00]: Now I am told I'm not a lawyer.

[00:04:52] [SPEAKER_00]: Well, I mean, I know I'm not a lawyer, but I am told that because I

[00:04:56] [SPEAKER_00]: am not a lawyer, I am not able to understand this language.

[00:05:01] [SPEAKER_00]: So maybe you can help me out because we need the Gnostics among us.

[00:05:06] [SPEAKER_00]: We need our betters.

[00:05:08] [SPEAKER_00]: We need the superior elites to tell us what our laws are.

[00:05:12] [SPEAKER_00]: So this way we can continue to live under their interpretation of whatever

[00:05:17] [SPEAKER_00]: the law might be at any given moment, right?

[00:05:19] [SPEAKER_00]: Okay.

[00:05:19] [SPEAKER_00]: So here is the language in the state Supreme Court or state constitution.

[00:05:24] [SPEAKER_00]: I don't know why I keep saying Supreme Court, the state

[00:05:26] [SPEAKER_00]: constitution of South Carolina.

[00:05:28] [SPEAKER_00]: Here it is.

[00:05:29] [SPEAKER_00]: Quote, no money shall be paid from public funds, nor shall the credit

[00:05:36] [SPEAKER_00]: of the state or any of its political subdivisions be used for the direct

[00:05:40] [SPEAKER_00]: benefit of any religious or other private educational institution.

[00:05:47] [SPEAKER_00]: Period.

[00:05:50] [SPEAKER_00]: I'm so confused.

[00:05:51] [SPEAKER_00]: What does it mean?

[00:05:52] [SPEAKER_00]: Oh my gosh.

[00:05:56] [SPEAKER_00]: If I chop out the middle part there where they talk about the

[00:05:58] [SPEAKER_00]: credit of the state or any of its political subdivisions, right?

[00:06:02] [SPEAKER_00]: I chop that part out and you just read the first part of the sentence

[00:06:06] [SPEAKER_00]: and then the last part of the sentence, which by the way, that's a handy trick

[00:06:09] [SPEAKER_00]: when you're reading through stuff that may be like, especially with legislation.

[00:06:15] [SPEAKER_00]: They do a lot of because lawyers speak in legalese, right?

[00:06:20] [SPEAKER_00]: And they would greatly benefit from people who are not just, not

[00:06:25] [SPEAKER_00]: English majors per se, but communications people.

[00:06:30] [SPEAKER_00]: But lawyers, when you read stuff that lawyers write, it's like

[00:06:34] [SPEAKER_00]: they're, the language is not the way people speak.

[00:06:38] [SPEAKER_00]: Right?

[00:06:40] [SPEAKER_00]: So anyway, so if you chop out some of the extra stuff here, I'm not saying

[00:06:44] [SPEAKER_00]: it's not valuable, it is, but this isn't, it's not applicable to this

[00:06:47] [SPEAKER_00]: case, the credit of the state or any of its political subdivisions, right?

[00:06:53] [SPEAKER_00]: Cause the political subdivisions are not, that's not at play here.

[00:06:56] [SPEAKER_00]: Anyway, they're saying no money shall be paid from public funds for the

[00:07:04] [SPEAKER_00]: direct benefit of any religious or other private educational institution.

[00:07:09] [SPEAKER_00]: No money shall be paid from public funds for the direct benefit.

[00:07:13] [SPEAKER_00]: Now, two of the lawyers with the wardrobe change sitting on the bench,

[00:07:17] [SPEAKER_00]: they said that, well, this is indirect.

[00:07:20] [SPEAKER_00]: See?

[00:07:21] [SPEAKER_00]: So it's totally different.

[00:07:22] [SPEAKER_00]: We can stuff the money into this other government agency or this

[00:07:28] [SPEAKER_00]: other trust fund and then draw the money out of there.

[00:07:31] [SPEAKER_00]: And then it's not a direct payment.

[00:07:33] [SPEAKER_00]: See?

[00:07:34] [SPEAKER_00]: Look, no, no.

[00:07:41] [SPEAKER_00]: You took the money from taxpayers, right?

[00:07:44] [SPEAKER_00]: You put it into the, into the state's coffers, into the GovCo coffers.

[00:07:50] [SPEAKER_00]: You moving it around in between accounts doesn't make it not public funds.

[00:07:57] [SPEAKER_00]: And so you take the public funds and you give it to an educational

[00:08:00] [SPEAKER_00]: institution that is private or religious.

[00:08:03] [SPEAKER_00]: That to me, again, not a lawyer at all, but that to me seems like a pretty

[00:08:09] [SPEAKER_00]: clear violation of your state constitution.

[00:08:13] [SPEAKER_00]: But here's the good news.

[00:08:15] [SPEAKER_00]: You could change that.

[00:08:17] [SPEAKER_00]: Yeah.

[00:08:18] [SPEAKER_00]: South Carolina y'all can change that if you want.

[00:08:21] [SPEAKER_00]: You can change your state constitution to eliminate that provision and

[00:08:26] [SPEAKER_00]: then fund a voucher program.

[00:08:27] [SPEAKER_00]: You can do that.

[00:08:29] [SPEAKER_00]: In fact, I would submit you do do that.

[00:08:33] [SPEAKER_00]: That would make sense to me.

[00:08:34] [SPEAKER_00]: If you want to have school vouchers, then this would be the way you could do it.

[00:08:40] [SPEAKER_00]: Right?

[00:08:41] [SPEAKER_00]: Take the public money and put it into a voucher program.

[00:08:45] [SPEAKER_00]: And then you could fund your voucher program to help the kids go

[00:08:49] [SPEAKER_00]: to these different schools.

[00:08:51] [SPEAKER_00]: Otherwise, I'm, you know, I'm just a poor sharecropper here, but it looks

[00:08:57] [SPEAKER_00]: like that's pretty clear.

[00:08:59] [SPEAKER_00]: No money shall be paid from public funds for the direct benefit of any religious

[00:09:04] [SPEAKER_00]: or other private educational institution.

[00:09:07] [SPEAKER_00]: Seems pretty clear to me, but what do I know?

[00:09:09] [SPEAKER_00]: I'm just a little old radio host.

[00:09:12] [SPEAKER_00]: All right.

[00:09:12] [SPEAKER_00]: Real quick.

[00:09:13] [SPEAKER_00]: Let me introduce you to my friends, Gabriel and Michelle, two lifelong

[00:09:16] [SPEAKER_00]: North Carolinians who are passionate about everything North Carolina.

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[00:09:24] [SPEAKER_00]: North Carolina made items, food, beverages, home decor, skincare, artwork,

[00:09:30] [SPEAKER_00]: pretty much anything NC and times running out to get the holiday themed box.

[00:09:34] [SPEAKER_00]: So order before October 15th.

[00:09:36] [SPEAKER_00]: These boxes make great gifts for friends and family, even yourself.

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[00:10:04] [SPEAKER_00]: So the South Carolina Supreme Court yesterday ruled that it's voucher

[00:10:10] [SPEAKER_00]: pass-through program, which is what it is.

[00:10:12] [SPEAKER_00]: They take tax dollars.

[00:10:13] [SPEAKER_00]: They put it into this.

[00:10:16] [SPEAKER_00]: ESTF fund, educational savings transfer from whatever it's called.

[00:10:21] [SPEAKER_00]: They put it into this fund and then kids use it.

[00:10:25] [SPEAKER_00]: Parents use it to go and pay tuition at a private or religious school.

[00:10:31] [SPEAKER_00]: And the state constitution says you can't do that for two reasons.

[00:10:38] [SPEAKER_00]: The main one being that it is of a direct number one, it's public funds.

[00:10:41] [SPEAKER_00]: And number two is that it is of direct benefit to the private school.

[00:10:48] [SPEAKER_00]: And the defendants or the respondents in the case tried to argue that this is

[00:10:53] [SPEAKER_00]: not a direct benefit to private schools.

[00:10:57] [SPEAKER_00]: But if you read the opinion of the, the majority in the state Supreme court,

[00:11:04] [SPEAKER_00]: they're just reading the text.

[00:11:06] [SPEAKER_00]: And if you just read the text, it's clear what it means.

[00:11:10] [SPEAKER_00]: And you don't need to go looking up and trying to find, you know, the

[00:11:15] [SPEAKER_00]: privacy actually includes abortion.

[00:11:18] [SPEAKER_00]: Like you don't need to conjure up this stuff because it's right there in

[00:11:22] [SPEAKER_00]: the plain reading of the text.

[00:11:23] [SPEAKER_00]: This is called textualism, right?

[00:11:25] [SPEAKER_00]: Like you read the text, what does it say?

[00:11:28] [SPEAKER_00]: Oh, it says you can't use public money to directly benefit a

[00:11:31] [SPEAKER_00]: private school or a religious school.

[00:11:35] [SPEAKER_00]: If you don't like the law, change the law.

[00:11:38] [SPEAKER_00]: I say this to the left all the time when it comes to gun control, right?

[00:11:42] [SPEAKER_00]: If you want to repeal the second amendment, do it, try it, go for it.

[00:11:47] [SPEAKER_00]: Get on record, run some, um, run some amendments to repeal the second

[00:11:52] [SPEAKER_00]: amendment, put your name on it.

[00:11:53] [SPEAKER_00]: Let's see who's on board, right?

[00:11:56] [SPEAKER_00]: They don't ever want to do that.

[00:11:57] [SPEAKER_00]: Why?

[00:11:58] [SPEAKER_00]: Cause it's not popular.

[00:12:00] [SPEAKER_00]: This I would submit would be a popular thing to do.

[00:12:02] [SPEAKER_00]: If you look at the polling, we just saw polling.

[00:12:05] [SPEAKER_00]: I went over it the other day from WRAL.

[00:12:07] [SPEAKER_00]: They tried to frame it like, look at all these people who are opposed

[00:12:09] [SPEAKER_00]: to the vouchers in North Carolina getting more money to clear their

[00:12:12] [SPEAKER_00]: wait list because that's a sure sign that a thing is not popular when you

[00:12:16] [SPEAKER_00]: have 55,000 people waiting to take advantage of the program, right?

[00:12:22] [SPEAKER_00]: So change your constitution.

[00:12:26] [SPEAKER_00]: 77% of the respondents in that WRAL poll were fine with keeping the

[00:12:32] [SPEAKER_00]: opportunity scholarship program around.

[00:12:35] [SPEAKER_00]: They differed on funding levels, but only like 23% said, take it to zero.

[00:12:42] [SPEAKER_00]: Everybody else said, leave it where it is, add more money or they weren't sure.

[00:12:48] [SPEAKER_00]: It was like 20% that weren't sure, but they didn't say, take it to zero.

[00:12:52] [SPEAKER_00]: So I would say that means they're okay with the program because if you're

[00:12:56] [SPEAKER_00]: not okay with the program, you would want to zero it out, right?

[00:12:59] [SPEAKER_00]: That's just, it seems obvious to me, but once again, what do I know?

[00:13:03] [SPEAKER_00]: I'm no lawyer.

[00:13:05] [SPEAKER_00]: I'm no expert.

[00:13:06] [SPEAKER_00]: I'm just a simple man who, you know, reads these cases, reads the opinions,

[00:13:12] [SPEAKER_00]: follows the issue, you know, that kind of thing.

[00:13:15] [SPEAKER_00]: It's just so dumb.

[00:13:16] [SPEAKER_00]: So dumb.

[00:13:18] [SPEAKER_00]: And I will get to the, I will get to the, the Twitter exchange that

[00:13:23] [SPEAKER_00]: descended into dumbassery and record time.

[00:13:26] [SPEAKER_00]: So when I was a kid, my grandpa died with Alzheimer's and before he

[00:13:29] [SPEAKER_00]: died, my mom and my dad and all of us really helped take care of him as

[00:13:32] [SPEAKER_00]: he got progressively worse.

[00:13:34] [SPEAKER_00]: 40 years ago, there were no treatments and not much support

[00:13:37] [SPEAKER_00]: for caregivers and family.

[00:13:39] [SPEAKER_00]: Things are different today because of the work of so many people,

[00:13:42] [SPEAKER_00]: including the Alzheimer's association of Western North Carolina.

[00:13:46] [SPEAKER_00]: It's a great organization with awesome people.

[00:13:49] [SPEAKER_00]: They've got huge hearts.

[00:13:49] [SPEAKER_00]: I've been a supporter for like 25 years.

[00:13:52] [SPEAKER_00]: This cause means a lot to me.

[00:13:54] [SPEAKER_00]: I participate in the annual walk to end Alzheimer's and I am

[00:13:58] [SPEAKER_00]: leading a Charlotte team this year.

[00:13:59] [SPEAKER_00]: It's called Pete's pack.

[00:14:00] [SPEAKER_00]: You can sign up and join the team and walk with me.

[00:14:03] [SPEAKER_00]: It's on October 19th at truest field in uptown signupatalz.org slash walk.

[00:14:10] [SPEAKER_00]: And then just look for my team, Pete's pack.

[00:14:12] [SPEAKER_00]: And there's also a link in the podcast description here.

[00:14:15] [SPEAKER_00]: Also, I'm going to be emceeing the Gastonia walk on October 5th.

[00:14:18] [SPEAKER_00]: So make a team and join us or make a donation to help me hit my goal.

[00:14:22] [SPEAKER_00]: I would really appreciate it.

[00:14:23] [SPEAKER_00]: There are a bunch of other walks around the Carolinas and you can go

[00:14:27] [SPEAKER_00]: to alz.org for all of the dates and locations.

[00:14:31] [SPEAKER_00]: We are closer than ever to stopping Alzheimer's.

[00:14:35] [SPEAKER_00]: And if you can help us get there, we would really appreciate it.

[00:14:38] [SPEAKER_00]: Will you come walk with me for a different future for families,

[00:14:41] [SPEAKER_00]: for more time for treatments?

[00:14:43] [SPEAKER_00]: This is why I walk.

[00:14:46] [SPEAKER_00]: Um, so all of this started yesterday.

[00:14:49] [SPEAKER_00]: I shouldn't say started.

[00:14:50] [SPEAKER_00]: It started obviously before that.

[00:14:52] [SPEAKER_00]: But it came to a head yesterday because the North Carolina House

[00:14:57] [SPEAKER_00]: moved forward with its mini budget, which included money for

[00:15:03] [SPEAKER_00]: its voucher program, the opportunity scholarship program,

[00:15:07] [SPEAKER_00]: which has a fifty five thousand student wait list.

[00:15:11] [SPEAKER_00]: It's so popular.

[00:15:12] [SPEAKER_00]: People want to take advantage of it, get their kids out of their

[00:15:15] [SPEAKER_00]: failing schools, move them to other schools.

[00:15:17] [SPEAKER_00]: And there wasn't enough funding to keep up with the demand.

[00:15:21] [SPEAKER_00]: So they came back and said, OK, we're going to fully fund the program

[00:15:26] [SPEAKER_00]: to clear out that wait list.

[00:15:30] [SPEAKER_00]: That occurred. The House vote on that occurs the same day

[00:15:34] [SPEAKER_00]: that the state Supreme Court in South Carolina rules that its

[00:15:39] [SPEAKER_00]: voucher program is unconstitutional.

[00:15:43] [SPEAKER_00]: And my good friend Ray, Governor Roy Cooper,

[00:15:47] [SPEAKER_00]: and I call him my good friend Ray, by the way, always have to

[00:15:50] [SPEAKER_00]: sort of touch base on this for people who may not know why I call him

[00:15:54] [SPEAKER_00]: Ray is because that's what Hillary Clinton called him.

[00:15:57] [SPEAKER_00]: And I believe Kamala Harris called him that, too, on their first

[00:16:01] [SPEAKER_00]: joint appearance, though those many years ago,

[00:16:04] [SPEAKER_00]: both of them calling him their good friend Ray.

[00:16:08] [SPEAKER_00]: And so I I wonder, like if they're such good friends,

[00:16:11] [SPEAKER_00]: maybe he goes by Ray to his good friends.

[00:16:14] [SPEAKER_00]: So I just try to cover my bases, you know.

[00:16:17] [SPEAKER_00]: So Roy Cooper sends out a tweet and we are to believe that he sent this out himself

[00:16:23] [SPEAKER_00]: because he has the initials RC at the end of the tweet.

[00:16:27] [SPEAKER_00]: And that is indicative usually on, like, you know, government official

[00:16:32] [SPEAKER_00]: accounts, campaign accounts, that kind of thing, and also famous people.

[00:16:35] [SPEAKER_00]: If they're tweeting under their own name versus one of their assistants

[00:16:39] [SPEAKER_00]: or their com shop person that's tweeting out under their name,

[00:16:44] [SPEAKER_00]: they don't sign them.

[00:16:45] [SPEAKER_00]: But if Roy Cooper tweets it himself, then he puts RC to let everybody know he wrote it.

[00:16:50] [SPEAKER_00]: So this is what he wrote.

[00:16:53] [SPEAKER_00]: Even the conservative South Carolina Supreme Court knows private school

[00:16:58] [SPEAKER_00]: voucher schemes are wrong.

[00:17:01] [SPEAKER_00]: Don't do it, NC legislators.

[00:17:03] [SPEAKER_00]: Give our hardworking teachers a raise instead.

[00:17:09] [SPEAKER_00]: OK, so he's making the argument here poorly.

[00:17:15] [SPEAKER_00]: Obviously, that even the conservatives know that vouchers are wrong.

[00:17:20] [SPEAKER_00]: And that's not actually what the Supreme Court ruling said.

[00:17:24] [SPEAKER_00]: And they didn't actually take up the merit or the ethics of a school

[00:17:30] [SPEAKER_00]: voucher system of the idea.

[00:17:33] [SPEAKER_00]: That was not part of the ruling.

[00:17:35] [SPEAKER_00]: What is what was part of the ruling and was the focus of the ruling is

[00:17:38] [SPEAKER_00]: whether or not it passes constitutional muster as it has been implemented.

[00:17:43] [SPEAKER_00]: And a majority of the court, it was a split decision, but a majority of the

[00:17:47] [SPEAKER_00]: court said no.

[00:17:49] [SPEAKER_00]: It doesn't because the plain reading of the text of the state constitution,

[00:17:52] [SPEAKER_00]: as I went over, says you shall not use public money for direct

[00:17:56] [SPEAKER_00]: benefit of private schools.

[00:17:57] [SPEAKER_00]: So that's very clear.

[00:17:59] [SPEAKER_00]: If you don't like it, change the Constitution.

[00:18:02] [SPEAKER_00]: So I simply pointed out me being a giver, I pointed out that the South

[00:18:09] [SPEAKER_00]: Carolina Constitution is different than the North Carolina Constitution.

[00:18:14] [SPEAKER_00]: See, we don't have that provision in our state constitution, which is why

[00:18:19] [SPEAKER_00]: we can do the opportunity scholarship.

[00:18:23] [SPEAKER_00]: We don't have this restriction.

[00:18:26] [SPEAKER_00]: And then I pointed out that I would think that the former attorney general

[00:18:29] [SPEAKER_00]: of North Carolina, my good friend Ray, that he would know that unless, of

[00:18:34] [SPEAKER_00]: course, he does know it.

[00:18:37] [SPEAKER_00]: And he's betting that you do not.

[00:18:41] [SPEAKER_00]: And that's actually what I think he's doing.

[00:18:44] [SPEAKER_00]: That's what I think he's doing.

[00:18:45] [SPEAKER_00]: I think he knows perfectly well that the state of South Carolina has its

[00:18:50] [SPEAKER_00]: own constitution.

[00:18:52] [SPEAKER_00]: Do I know if he read the court opinion?

[00:18:54] [SPEAKER_00]: I do not.

[00:18:56] [SPEAKER_00]: Would I be surprised if he did not read it?

[00:18:59] [SPEAKER_00]: I would not be surprised if he didn't read it.

[00:19:01] [SPEAKER_00]: Why would he?

[00:19:02] [SPEAKER_00]: He doesn't have to.

[00:19:02] [SPEAKER_00]: He's not the governor of South Carolina.

[00:19:04] [SPEAKER_00]: But he saw an opportunity to score some political points relying on media and

[00:19:10] [SPEAKER_00]: the public's ignorance to advance it.

[00:19:14] [SPEAKER_00]: And so I was just pointing out that he's an idiot or a liar or maybe both.

[00:19:20] [SPEAKER_00]: I don't want to limit him.

[00:19:22] [SPEAKER_00]: No, I suspect he's not an idiot.

[00:19:24] [SPEAKER_00]: I suspect he's actually a liar.

[00:19:26] [SPEAKER_00]: I think he is just a partisan hack and he's just advancing this line of

[00:19:30] [SPEAKER_00]: Because it's helpful to him in the moment against vouchers, which then prompts

[00:19:41] [SPEAKER_00]: a response from a leftist moonbat on the Twitter machine who asks me to

[00:19:49] [SPEAKER_00]: explain what the difference in the two state constitutions are.

[00:19:54] [SPEAKER_00]: Given that you've obviously read them both.

[00:19:57] [SPEAKER_00]: I've read the provision.

[00:19:58] [SPEAKER_00]: I know what's in the state constitution of North Carolina versus South Carolina

[00:20:02] [SPEAKER_00]: when it comes to the opportunity scholarships, but this is one of the

[00:20:05] [SPEAKER_00]: things that leftists do is they demand that you do their homework for them.

[00:20:11] [SPEAKER_00]: I don't have to explain myself or the law or the constitutions

[00:20:17] [SPEAKER_00]: to some random on Twitter.

[00:20:21] [SPEAKER_00]: I don't have to do that, but as a cat with a ball of yarn,

[00:20:28] [SPEAKER_00]: I do amuse myself sometimes.

[00:20:33] [SPEAKER_00]: And so when this idiot says, can you explain what the difference in the two is?

[00:20:37] [SPEAKER_00]: I said, I can, yes.

[00:20:39] [SPEAKER_00]: And you should read the South Carolina constitution.

[00:20:41] [SPEAKER_00]: See, so I answered her question, right?

[00:20:45] [SPEAKER_00]: I just didn't do her homework for her.

[00:20:47] [SPEAKER_00]: She should go read it because here's the thing.

[00:20:50] [SPEAKER_00]: I know who this person is and they are not a good faith actor.

[00:20:55] [SPEAKER_00]: They don't come to this in an attempt to have dialogue.

[00:21:02] [SPEAKER_00]: They are a troll.

[00:21:03] [SPEAKER_00]: She's a troll.

[00:21:04] [SPEAKER_00]: And so she's trying to find some way to score some political points

[00:21:09] [SPEAKER_00]: and to make me look foolish.

[00:21:11] [SPEAKER_00]: So this way, my argument, my attack on Governor Cooper can be ignored,

[00:21:20] [SPEAKER_00]: but it can't be ignored because it's a good line of attack.

[00:21:24] [SPEAKER_00]: See, that's the problem that she's having here is that it's true.

[00:21:27] [SPEAKER_00]: You know, it's true.

[00:21:29] [SPEAKER_00]: It's defensible.

[00:21:30] [SPEAKER_00]: We have different constitutions.

[00:21:34] [SPEAKER_00]: And then she asks for why I disagree with the conservative leaning

[00:21:38] [SPEAKER_00]: chief justice's dissent.

[00:21:41] [SPEAKER_00]: Why do I think he got it wrong?

[00:21:44] [SPEAKER_00]: And so I just point out that lawyers have different opinions.

[00:21:48] [SPEAKER_00]: There are a bunch of judges on that court, I think five, right?

[00:21:51] [SPEAKER_00]: And they split.

[00:21:52] [SPEAKER_00]: They had different opinions or maybe seven, I forget.

[00:21:57] [SPEAKER_00]: But they have different opinions.

[00:21:59] [SPEAKER_00]: They're lawyers.

[00:21:59] [SPEAKER_00]: Of course, they have different opinions.

[00:22:03] [SPEAKER_00]: I said that doesn't change when they put a robe on over their clothing, right?

[00:22:06] [SPEAKER_00]: I mean, just because I put a robe on doesn't mean that all of a sudden now

[00:22:09] [SPEAKER_00]: I'm supposed to agree with every other lawyer on the bench.

[00:22:11] [SPEAKER_00]: That's stupid.

[00:22:13] [SPEAKER_00]: Like this is a bad faith argument, as I said.

[00:22:19] [SPEAKER_00]: And then I pointed out that the South Carolina constitution is pretty clear.

[00:22:23] [SPEAKER_00]: To me, it's pretty clear.

[00:22:24] [SPEAKER_00]: Says what it says.

[00:22:25] [SPEAKER_00]: Again, as a textualist, it's pretty clear.

[00:22:29] [SPEAKER_00]: And then she says, oh, I guess the in-depth analysis takes a while, huh?

[00:22:33] [SPEAKER_00]: And then she's got a picture of Kamala Harris with the hand under her chin

[00:22:36] [SPEAKER_00]: from during the debate, as if that somehow makes her response less stupid.

[00:22:41] [SPEAKER_00]: But then I said, well, this is Twitter.

[00:22:43] [SPEAKER_00]: You could read the opinion yourself.

[00:22:44] [SPEAKER_00]: Like this is Twitter.

[00:22:47] [SPEAKER_00]: Sir, this is Bojangles.

[00:22:49] [SPEAKER_00]: Like, you know, this is what you say to people who come in ranting and raving

[00:22:52] [SPEAKER_00]: about some ridiculous thing, making all sorts of demands upon you.

[00:22:56] [SPEAKER_00]: And it's like, this is a drive-in or a drive-through.

[00:22:58] [SPEAKER_00]: What are you doing?

[00:22:59] [SPEAKER_00]: This is Twitter.

[00:23:00] [SPEAKER_00]: If you want to know what the legal arguments are in the case, go

[00:23:03] [SPEAKER_00]: read the freaking opinions.

[00:23:05] [SPEAKER_00]: Because when I read the opinions, I sided with the majority opinion on that.

[00:23:11] [SPEAKER_00]: Even as a school voucher proponent, I sided with the group that said, with

[00:23:23] [SPEAKER_00]: I did not buy the argument.

[00:23:25] [SPEAKER_00]: I did not agree with the argument from the other conservative Republican judges,

[00:23:29] [SPEAKER_00]: because that's who they all are.

[00:23:31] [SPEAKER_00]: And so there were, I mean, this is all Republican on Republican action here.

[00:23:35] [SPEAKER_00]: So like, like there's no partisan divide.

[00:23:39] [SPEAKER_00]: They're lawyers with different opinions.

[00:23:41] [SPEAKER_00]: I read them and I say, I agree with this one because I can read the plain

[00:23:44] [SPEAKER_00]: text of the constitution.

[00:23:46] [SPEAKER_00]: And if you cannot understand the plain text of your own constitution,

[00:23:50] [SPEAKER_00]: you're living under tyranny.

[00:23:53] [SPEAKER_00]: Seriously, it's supposed to be a written rule book for all of us to understand,

[00:23:59] [SPEAKER_00]: to easily comprehend so we know what the rules are.

[00:24:02] [SPEAKER_00]: So everybody's playing by the same rules.

[00:24:06] [SPEAKER_00]: I don't need a lawyer with a wardrobe change to tell me that the words

[00:24:10] [SPEAKER_00]: mean something different than what it says on the paper.

[00:24:14] [SPEAKER_00]: Pretty straightforward.

[00:24:16] [SPEAKER_00]: Here is a message in the email inbox from Philip who says, I think the

[00:24:22] [SPEAKER_00]: South Carolina Supreme Court is misreading their constitution.

[00:24:26] [SPEAKER_00]: Vouchers do not go to the school, but are available to parents for the

[00:24:31] [SPEAKER_00]: benefit of their child or children.

[00:24:33] [SPEAKER_00]: Same would apply to SNAP benefits or food stamps, right?

[00:24:37] [SPEAKER_00]: It is not for the store, but for the person.

[00:24:43] [SPEAKER_00]: Well, first off, there is no prohibition against using the public money for a

[00:24:48] [SPEAKER_00]: food program like that in the state constitution that I'm aware of.

[00:24:52] [SPEAKER_00]: That's a big difference.

[00:24:55] [SPEAKER_00]: This is the language about public money for private education is

[00:25:01] [SPEAKER_00]: specifically singled out in the state constitution.

[00:25:06] [SPEAKER_00]: So I don't know if the argument holds because there isn't a similar kind

[00:25:10] [SPEAKER_00]: of provision in the state constitution governing food.

[00:25:15] [SPEAKER_00]: Now, that being said, that is also a direct benefit to the store

[00:25:20] [SPEAKER_00]: that sells the food, right?

[00:25:24] [SPEAKER_00]: You can't tell, like the first part, vouchers did not go to the school.

[00:25:27] [SPEAKER_00]: Of course they do.

[00:25:30] [SPEAKER_00]: You can disagree and think that this is just for the benefit of the kid.

[00:25:35] [SPEAKER_00]: But I would disagree with that because I believe yes, it does benefit

[00:25:38] [SPEAKER_00]: the child, but it also benefits the school.

[00:25:41] [SPEAKER_00]: And how do I measure that?

[00:25:43] [SPEAKER_00]: Well, if the school doesn't get enough tuition, doesn't get enough

[00:25:47] [SPEAKER_00]: enrollment, the school closes.

[00:25:50] [SPEAKER_00]: So having kids come, having more kids come is beneficial to that school.

[00:25:59] [SPEAKER_00]: Higher enrollment numbers, more money coming in.

[00:26:02] [SPEAKER_00]: That's a direct benefit to that school.

[00:26:05] [SPEAKER_00]: Again, to me, it's pretty clear.

[00:26:07] [SPEAKER_00]: You don't have to agree.

[00:26:08] [SPEAKER_00]: But that's like, that's my take on it.

[00:26:12] [SPEAKER_00]: And I wish that the South Carolina state constitution did not have this language

[00:26:17] [SPEAKER_00]: in it, I would highly recommend the state put a vote up to the people and

[00:26:22] [SPEAKER_00]: have them amend their state constitution to remove this so they can implement a

[00:26:26] [SPEAKER_00]: straight up voucher program.

[00:26:28] [SPEAKER_00]: I am a defender of vouchers, but I am also a textualist.

[00:26:32] [SPEAKER_00]: I'm going to read the text and I'm going to say what, what do these words

[00:26:35] [SPEAKER_00]: mean in everyone's understanding of what the words mean?

[00:26:39] [SPEAKER_00]: That's what it means.

[00:26:41] [SPEAKER_00]: So when you say you can't use public money for the direct benefit of the

[00:26:44] [SPEAKER_00]: school, can't do it.

[00:26:45] [SPEAKER_00]: Doesn't mean you can't use it for the direct benefit of the kids, right?

[00:26:48] [SPEAKER_00]: That's not a prohibited thing.

[00:26:50] [SPEAKER_00]: The problem here is that the schools are also benefiting directly.

[00:26:54] [SPEAKER_00]: Even though they say, no, no, no, we're going to wash it through the

[00:26:56] [SPEAKER_00]: education scholarship transfer fund or whatever.

[00:26:59] [SPEAKER_00]: Yeah, that's still taxpayer money.

[00:27:02] [SPEAKER_00]: Just because you park it someplace before sending it along doesn't mean that

[00:27:06] [SPEAKER_00]: it's not a direct flow, because that's all the money is being used for.

[00:27:11] [SPEAKER_00]: So now in North Carolina, the House passed its expansion of the opportunity

[00:27:19] [SPEAKER_00]: scholarship program, the vouchers here.

[00:27:23] [SPEAKER_00]: And there are a lot of people that are very, very, very upset about that.

[00:27:28] [SPEAKER_00]: And there is a conservative advocacy group called the Carolina Partnership

[00:27:33] [SPEAKER_00]: for Reform, and they had a very good piece about this the other day.

[00:27:39] [SPEAKER_00]: I think it's CPRNC.org.

[00:27:43] [SPEAKER_00]: Carolina Partnership for Reform, CPRNC.org, I think is their website.

[00:27:47] [SPEAKER_00]: The standard measure of public school funding in North Carolina and across

[00:27:50] [SPEAKER_00]: America is how much money is spent per student, right?

[00:27:54] [SPEAKER_00]: That's the number that everybody cites.

[00:27:59] [SPEAKER_00]: And the anti-school choice activists, the education freedom opponents, they

[00:28:07] [SPEAKER_00]: will say that we are spending less per pupil than the national average.

[00:28:12] [SPEAKER_00]: And so that's not right.

[00:28:14] [SPEAKER_00]: So they'll cite that figure all the time in order to goose the

[00:28:19] [SPEAKER_00]: legislature into raising funding for public schools.

[00:28:23] [SPEAKER_00]: Because the traditional public schools in North Carolina are funded to the

[00:28:27] [SPEAKER_00]: tune of over $12,000 per year.

[00:28:30] [SPEAKER_00]: That's the per pupil expenditure.

[00:28:33] [SPEAKER_00]: 12-2 basically.

[00:28:35] [SPEAKER_00]: $12,200 per pupil per year.

[00:28:38] [SPEAKER_00]: By the way, it's lower for charter schools.

[00:28:39] [SPEAKER_00]: It's only $11,200.

[00:28:43] [SPEAKER_00]: But when you talk about the vouchers, listen to the way they talk about it.

[00:28:48] [SPEAKER_00]: They never talk about the per pupil expenditure for the vouchers, which

[00:28:52] [SPEAKER_00]: only go up to like $7,500.

[00:28:56] [SPEAKER_00]: And the rich people who are getting some of their money back to pay for

[00:29:03] [SPEAKER_00]: private school tuition, they only get like three grand.

[00:29:07] [SPEAKER_00]: So the per pupil expenditure number is an important number in the debate

[00:29:13] [SPEAKER_00]: that the opportunity scholarship opponents never cite.

[00:29:17] [SPEAKER_00]: Why?

[00:29:17] [SPEAKER_00]: Because the per pupil funding number does not change.

[00:29:21] [SPEAKER_00]: It doesn't change with the increase in the school voucher program.

[00:29:26] [SPEAKER_00]: We're still spending the $12,000 plus per kid in the government K-12 systems.

[00:29:32] [SPEAKER_00]: That number is the same.

[00:29:36] [SPEAKER_00]: Increasing funding for the opportunity scholarships has no impact on that number.

[00:29:40] [SPEAKER_00]: Now you can argue that we should take the money from the scholarships and

[00:29:44] [SPEAKER_00]: use it for other things, which is what some of them are arguing, but

[00:29:48] [SPEAKER_00]: they're just opponents of the vouchers in general.

[00:29:50] [SPEAKER_00]: They don't want it.

[00:29:51] [SPEAKER_00]: They don't want there to be any vouchers.

[00:29:54] [SPEAKER_00]: They want you trapped unless you're rich.

[00:29:57] [SPEAKER_00]: If you're rich, well then you can afford a private school or you can move

[00:30:00] [SPEAKER_00]: to a very nice neighborhood with a good public school in that neighborhood.

[00:30:03] [SPEAKER_00]: Right?

[00:30:04] [SPEAKER_00]: But if you're poor, sorry, you're at a loss.

[00:30:06] [SPEAKER_00]: All right.

[00:30:06] [SPEAKER_00]: That'll do it for this episode.

[00:30:08] [SPEAKER_00]: Thank you so much for listening.

[00:30:09] [SPEAKER_00]: I could not do the show without your support and the support of the

[00:30:12] [SPEAKER_00]: businesses that advertise on the podcast.

[00:30:15] [SPEAKER_00]: So if you'd like please support them too and tell them you heard it here.

[00:30:17] [SPEAKER_00]: You can also become a patron at my Patreon page or go to thepeatcalinershow.com.

[00:30:23] [SPEAKER_00]: Again, thank you so much for listening and don't break anything while I'm gone.