Feb. 9, 2026

Rage in the American Republic

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"We all love Thomas Paine. We just wish we liked him." — Jonathan Turley

Jonathan Turley's new book asks a deceptively simple question: why did the American Revolution become the longest-running successful democracy while the French Revolution devoured itself? The answer, he argues, lies in Madison's "auxiliary precautions" — constitutional safeguards designed not to eliminate rage but to channel it. Turley draws a direct line from Robespierre to today's calls to pack the Supreme Court and abolish the Senate, warning that removing those precautions invites the same mobocracy that sent the Jacobins to the guillotine. But the real provocation comes in the book's second half: with AI and robotics threatening mass unemployment, America may soon face a "kept population" — citizens subsidized by the state who lose their vital relationship to productivity and self-governance. We discuss Thomas Paine (brilliant about humanity, clueless about humans), why rage itself isn't the enemy, and whether the republic built to handle the 18th century can survive the 21st.

About the Guest

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University Law School. A legal analyst for CBS, NBC, BBC, and Fox News over three decades, he is the author of The Indispensable Right (a bestseller) and the new Rage and the Republic: The Unfinished Story of the American Revolution.

Chapters:

00:01:14 The uniqueness of the American Revolution
Two revolutions, two outcomes; Thomas Paine and James Madison as the twin geniuses

00:03:53 Paine vs. Madison on democracy
Paine wanted direct democracy; it nearly got him guillotined in France

00:05:54 Robespierre's transformation
The ACLU lawyer who came to believe "terror is virtue"

00:09:01 Thomas Paine: the penman of the revolution
From complete failure to revolutionary genius in two years

00:11:46 Slavery and the revolution's contradictions
Why people preferred Jefferson to Paine

00:15:43 Franklin's greatest achievement
Seeing something in "that heap of human wreckage"

00:18:07 What was unique about American rage
Not the rage itself, but the system designed to handle it

00:25:08 The "New Jacobins"
Calls to pack the Supreme Court and abolish the Senate

00:26:40 Rage on both sides
"Your rage is righteous, their rage is dangerous"

00:30:47 AI and the "kept population"
Mass unemployment and the citizen's relationship to the state

00:39:26 "Gynan" jobs
Homocentric industries like psychiatry and education that AI can't replace

00:45:00 Why the American Republic is still the best model
Decentralization over EU-style centralization

References

Figures discussed:

  • Thomas Paine — arrived in America "barely alive," became the penman of the revolution in two years
  • James Madison — designed the "auxiliary precautions" that prevented American democracy from devouring itself
  • Benjamin Franklin — paid for Paine's passage to America, saw genius in "that heap of human wreckage"
  • Maximilien Robespierre — began as an advocate for due process, ended declaring "terror is virtue"
  • Jean-Paul Marat — radical journalist, killed by Corday in his bathtub (he bathed constantly due to a skin disease)
  • Charlotte Corday — Republican who assassinated Marat; Robespierre and Danton watched her execution
  • Georges Danton — joined the moderate Girondin wing; executed by the revolution he helped create


Art:

  • The Death of Marat (1793) — Jacques-Louis David's painting of Marat's assassination; David was himself a Jacobin


Historical events:


Books mentioned:

About Keen On America
Nobody asks more impertinent questions than the Anglo-American writer, filmmaker and Silicon Valley entrepreneur Andrew Keen. In Keen On America , Andrew brings his sharp Transatlantic wit to the forces reshaping the United States — hosting daily interviews with leading thinkers and writers about American history, politics, technology, culture, and business. With nearly 2,800 episodes since the show launched on TechCrunch in 2010, Keen On America is the most prolific intellectual interview show in the history of podcasting.

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01:14 - The Uniqueness of the American Revolution

03:53 - Paine vs. Madison on Democracy

05:54 - Robespierre's Transformation

09:01 - Thomas Paine: The Penman of the Revolution

11:46 - Slavery and the Revolution's Contradictions

15:43 - Franklin's Greatest Achievement

18:07 - What Was Unique About American Rage

25:08 - The "New Jacobins"

26:40 - Rage on Both Sides

30:47 - AI and the "Kept Population"

39:26 - "Gynan" Jobs

45:00 - Why the American Republic is Still the Best Model

1
00:00:00,270 --> 00:00:03,120
Hello, my name is Andrew Keen.

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00:00:03,120 --> 00:00:10,680
Welcome to Keen on America, the Daily
Interview Show about the United States.

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Hello everybody.

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It's Monday.

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February the eighth, 2026.

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GW Law School seems to be monopolizing
the Keenon America Show these days.

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Few days ago we had Andrew
Guthrie Ferguson, a professor at

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GW talking about his new book.

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Your Data will be used against you,
a kind of libertarian defense against

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the leviathans of Silicon Valley,
and now we have another GW professor,

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Jonathan Turley, who like Ferguson,
has a new book ad, it's called Rage

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in the Republic, the Unfinished
Story of the American Revolution.

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It's just out his, uh, last book.

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Many of you'll be familiar with.

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The Indispensable Ride was a best seller.

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Uh, expect this one will be two.

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Jonathan is joining us from his home.

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Uh, in the Washington DC area.

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Uh, Jonathan, would it be fair to
say that your new book, uh, Rage

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in the Republic, uh, focuses on the
uniqueness of the American Revolution,

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which of course we are celebrating
the 250th year anniversary this year?

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Well, first of all, Andrew, thank
you for having me on your program,

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and it does indeed look at what are
the factors and the personalities and

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events that came together to create
this unique republic 250 years ago.

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And that first half of the book looks
at two revolutions, the American and

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French revolutions, and actually follows
much of the journey of Thomas Payne,

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uh, who is one of two central figures
who played a role in both revolutions.

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The other being Lafayette.

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And the, the first half of the book
sort of tries to figure out why the

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American Revolution went on to become
the longest, uh, and most successful

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democracy, and the French Relu revolution
went on to become the reign of terror.

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And what, what the book suggests
is that the difference were these

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precautions that James Madison put
together, uh, in the constitution.

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You know, Thomas Payne was the righteous
rage of, uh, the American Revolution.

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It may have been the truest
revolutionary of the American

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Revolution, and it was James Madison
who was sort of the pious logic.

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You know, Payne knew what it would take.

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To move a people to revolution.

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And then Madison knew what it would
take to move a revolution to a republic.

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And it was the combination of those two
sort of mindsets and two, frankly, two

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geniuses that produced this republic.

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And then the second half of the book
looks forward as to whether that

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republic can survive in the 21st century.

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And it looks at everything from
the combination of robotics and ai.

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Which I go into some depth on, uh, and
the potential of a massive loss of jobs

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as well as global governance and the rise
of what I call the class of new Jacobins.

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Well, we'll get to that class of
new Jacobins in in a few minutes.

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Um, Jonathan, is your analysis
there, and it sounds to me as if your

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analysis of the American Revolution is.

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Somewhat burkey in this
one, two punch of pain.

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And then Madison, Madison forcing pain's,
anger, and righteousness to into law.

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You are a professor of law.

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I I, I Is that fair?

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Is, is your analysis of the uniqueness
of the American Revolution, Bian

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Burke, of course, being the greatest
of all critics of the French

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Revolution and particularly of Jacobin?

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Well, I go to some depth about the.

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Uh, the debate between Payne and Burke,
I'm known as a more of a Madisonian

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scholar, and the book certainly
embraces what Madison was arguing.

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What I find fascinating about Thomas
Payne, and he is the most interesting

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historical figure I've ever researched
or written about is that pain.

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Was a remarkable individual, a true
genius, but he did not agree with

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Madison's auxiliary precautions
as he called them, uh, because he

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believed more in direct democracy.

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And when he went to the French
Revolution, he pursued that with Jacobins.

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He wanted a unicameral legislature.

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Uh, he wanted to sort of strip away a
lot of those barriers for the public to

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express themselves through legislation.

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And it came damn near to killing
him that his pain came within

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24 hours of being guillotine.

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Uh, and it was just an accident
that he wasn't beheaded, but he came

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to realize that Madison was right.

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And what he was, what the, the
rightness of Madison was in the view

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that democracies devour themselves.

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Uh, that at the beginning of the book
starts by quoting a Frenchman from the

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Revolution, uh, who said that revolutions
like Saturn develop, devour their own.

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Yeah.

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And of course there's that famous
novel, the Gods must Have Their Blood.

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That's right.

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And pain Watch that happen.

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In France, uh, the Jacobins, all the
leadership of the Jacobins, except

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for a couple of notable exceptions,
all fell under what was called,

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uh, the Razor of the Republic.

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They all were devoured by the revolution.

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And of course, the razor was not just
metaphorical, it was the guillotine.

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I, I'm guessing.

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Um.

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Jonathan, the, the, uh, the bad guy
in, in your narrative, at least when

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it comes to France, is, is Robe spear?

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Does he speak for everything that
went wrong with the French Revolution?

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Well, I go into depth with robes.

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Pierre and I talk about him
in the second half as well.

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Who would tell you about
the new Jack of them?

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What has to be remembered is that
Rob Spear was a lawyer, and when

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he began, uh, he spoke about the
rights of man, about due process.

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Uh, if you had heard him and read
him in the early days, you would've

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thought he was an A CLU lawyer.

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And this,

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yeah.

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I'm guessing, uh, do you, do you get the
Rob Spear types in your classes at gw?

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I'm sure you shut them
up, Jonathan, don't you?

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Well, you know, the, the thing about
it is I, I not only talk about roast

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beer, but also figures like morat.

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Uh, journalists, uh, lawyers, professors,
aristocrats, uh, who began in the

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same way but were corrupted over
time to the point that Robe Pierre

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eventually said that terror is virtue.

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Uh, he came to totally embrace.

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The execution of those
that disagree with you.

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And the book talks about how this was
sort of a rousso revolution in that sense.

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The, the Jacob Ins loved Rousseau and his
idea of the general will, and this was

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another way of saying direct democracy,
that if you unleash the general will

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of the populace, that it can only
come to good because people are good.

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It was a very naive,

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yeah.

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And of course, Rousseau
invented the modern concept of.

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Authenticity and the self and all,
all the rest of, uh, that, um,

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were there any good guys in your.

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Analysis of the French Revolution.

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Dante, of course, comes to mind.

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Uh, who got the French
Revolution in France?

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Tocqueville, I'm guessing
from your point of

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view.

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Well, the top villain will definitely
have to go to Rose Pierre and

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Marat and Abe and a few others.

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But I, you know, downtown was no angel.

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Of course, he, he signed
off on the executions.

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Eventually he joined, um, the.

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Uh, which was the sort of moderate
Jacobin wing, but they had

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blood on their hands as well.

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And then ultimately, of
course, he was executed.

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It was an interesting, you know,
many of the good ones were of course,

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executed, uh, because they were good.

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Uh,

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the gods must have their blood, Jonathan,

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that's right.

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In your historical narrative.

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The way, uh, we, when, when I was
a. A student in England, the way

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we were brought up in terms of
our analysis of these comparative

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revolutions is we didn't begin with
the French or the American revolutions.

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We began with the glorious
English revolution.

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What's your analysis when it
comes to rage and the republic of.

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The Republican Revolution, or what
in part was a Republican revolution

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in England, the Cromwellian
Revolution, which of course was

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also manifested by a degree of rage.

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What was different from
the American Revolution?

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Well, this is a book about revolutions.

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I do talk about the English revolution.

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I. All revolutions require rage.

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All these nations are not just the progeny
of Revolution, uh, but the result of rage.

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That's what the Boston Tea Party
was after all, it was rage, and

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you have to move a country to rage.

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That's why Thomas Payne was so important.

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That's why he's called the
penant of the revolution.

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It's why he's so extraordinary.

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I mean, he arrived in this country,
barely alive after a voyage, had to

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be carried off a ship in Philadelphia.

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That was two years.

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Just two years before the Declaration
of Independence, in two years, he went

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from being a, an entire and complete
failure in everything he had ever done.

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Every job, every marriage he had to being
the penman of the American Revolution.

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But the American Revolution was the
first true enlightenment revolution.

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Um, not to downplay the
English, uh, rebellion.

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You don't consider it a revolution.

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You just, you call it
a rebellion, Jonathan.

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Well, I

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don't mean that king.

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No, I did, I didn't actually
mean much by the, the, the, uh,

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um, change in, in, in nouns.

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But the, uh, the American Revolution
was, was a direct outgrowth.

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Of enlightenment ideas.

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And the Declaration of Independence
is largely an enlightenment document.

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It actually doesn't talk about democracy.

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It talks about liberty.

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It never mentions democracy.

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And in that sense it was a fascination
for, for people around the world.

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Uh, you know, they talked about.

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These Americans, like they
were a brand new species.

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And it sort of goes when lock said
in the beginning, all was America.

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It was not just that this was an
untamed land, uh, it was this notion

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that this was a country that was
starting anew without the sort of

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calcified structures classes of Europe.

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And I talk in the book about a Frenchman
who wrote under the name, uh, farmer John.

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Who had a great line and a very
popular book in Europe, and he

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asked, what then is this America?

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And it was a very profound question.

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But then is this American?

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They, the, the, the, the Europeans
wanted to know, uh, how this

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could happen, why it happened.

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And actually the French modeled
originally the revolution on, on the

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United States, but then refused to
create those protections and precautions.

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Uh, they wanted the revolution,
but not what came with it.

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Jonathan.

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Um, what about the alternative
narrative of the American Revolution?

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I'm sure you are not
particularly keen on it.

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The idea of the appropriation of
indigenous land, the history of slavery

196
00:11:59,010 --> 00:12:01,500
in terms of the American Revolution.

197
00:12:01,500 --> 00:12:05,430
Are there contradictions,
especially when it comes to pain?

198
00:12:05,430 --> 00:12:11,340
Pain of course, was not an admirer of
slavery, perhaps even of capitalism.

199
00:12:11,370 --> 00:12:12,625
Um, what about.

200
00:12:13,935 --> 00:12:16,665
The alternative narratives,
do you just dismiss them?

201
00:12:17,295 --> 00:12:17,985
No, I don't.

202
00:12:17,985 --> 00:12:22,485
In fact, I talk about those, the
inherent contradictions are glaring.

203
00:12:22,755 --> 00:12:27,525
I actually talk about it also in terms
of why Thomas Payne was so unpopular.

204
00:12:27,525 --> 00:12:29,775
You know, he had the distinction of being.

205
00:12:30,050 --> 00:12:33,949
Pursuit for prosecutions in all
three nations where he claimed

206
00:12:33,949 --> 00:12:36,290
citizenship, uh, forced sedition.

207
00:12:36,829 --> 00:12:39,109
Uh, he was the ultimate contrarian.

208
00:12:39,319 --> 00:12:43,550
But there was more to that, as I say
in the book, that there's a reason why.

209
00:12:43,860 --> 00:12:47,429
People preferred figures like
Thomas Jefferson, the Thomas Payne

210
00:12:47,730 --> 00:12:49,920
Jefferson was tall and erudite.

211
00:12:50,280 --> 00:12:55,920
Uh, classically trained, well educated,
and a slave owner, Thomas Payne,

212
00:12:55,920 --> 00:12:58,140
was vehemently against slavery.

213
00:12:58,805 --> 00:13:03,395
And that, I think, contributed
to his being an out outlier.

214
00:13:03,395 --> 00:13:06,994
I mean, it was, so, there were others
that were against slavery, but it was

215
00:13:06,994 --> 00:13:11,734
this glaring contradiction that pain
himself did not have, which is why I

216
00:13:11,734 --> 00:13:15,005
think he's such a, a redeeming character.

217
00:13:15,334 --> 00:13:20,944
Um, even if he had very few friends,
you know, uh, I, I quote, uh,

218
00:13:20,974 --> 00:13:23,405
Benjamin Franklin's daughter is
saying it would've been better if he

219
00:13:23,405 --> 00:13:25,265
had died right after common Sense.

220
00:13:25,655 --> 00:13:28,265
And I note in the book,
she was one of his friends.

221
00:13:28,800 --> 00:13:32,190
So, you know, it, it, it's
an amazing thing about pain.

222
00:13:32,190 --> 00:13:35,790
He, he died, uh, virtually friendless,
of course penniless, which was the

223
00:13:35,790 --> 00:13:38,820
problem he had his entire life.

224
00:13:39,390 --> 00:13:43,650
But slavery is one of those big
issues that is looming here in terms

225
00:13:43,650 --> 00:13:46,530
of the contradictions, particularly
if you are an enlightenment.

226
00:13:46,780 --> 00:13:52,210
Revolution to deny those freedoms
to so many who were enslaved by you.

227
00:13:52,210 --> 00:13:53,860
And, and that book does talk about that.

228
00:13:54,730 --> 00:13:56,410
It's interesting you bring up Franklin.

229
00:13:56,410 --> 00:13:59,710
We've done a number of shows
on him, uh, over the years.

230
00:13:59,770 --> 00:14:03,070
Um, Franklin, of course, was the reverse.

231
00:14:03,365 --> 00:14:06,455
Of pain in the sense that he
had many friends both in the

232
00:14:06,455 --> 00:14:08,255
United States and Europe.

233
00:14:08,675 --> 00:14:10,715
Is he your fourth man, Jonathan?

234
00:14:10,835 --> 00:14:14,465
We've got, uh, Madison, we've
got Jefferson, we've got pain.

235
00:14:14,465 --> 00:14:17,915
Who's the kind of, I don't know what
you'd call him, it sounds to me like

236
00:14:17,915 --> 00:14:22,145
a kind of anti-hero, simultaneously
hero and anti-hero in your narrative.

237
00:14:22,175 --> 00:14:23,285
What about Franklin?

238
00:14:24,215 --> 00:14:26,915
Well, pain is remarkably and delightfully.

239
00:14:28,035 --> 00:14:29,055
Complex.

240
00:14:29,145 --> 00:14:32,685
Uh, you know, I quote in the book, I'm
a film noir nut and I drive my children

241
00:14:32,685 --> 00:14:36,645
crazy 'cause I, I have to have something
playing in the background when I work.

242
00:14:37,005 --> 00:14:40,935
And it's always a black and white film
noir film, which, which probably scarred

243
00:14:40,935 --> 00:14:43,155
my children, uh, to, to a terrible, I just

244
00:14:43,155 --> 00:14:43,814
hope so.

245
00:14:43,995 --> 00:14:44,355
Yeah.

246
00:14:44,625 --> 00:14:48,645
And, uh, but the greatest line
ever uttered in any film noir.

247
00:14:49,270 --> 00:14:53,770
Was delivered by Fred Murray who turned
after finding out that the femme fatal

248
00:14:53,770 --> 00:14:58,210
had finally lied to him again, as
well as to her husband, uh, and she

249
00:14:58,210 --> 00:15:00,010
was incapable of telling the truth.

250
00:15:00,010 --> 00:15:05,710
He goes to the door, she begs him to stay,
and he turns and says, I love you so much.

251
00:15:05,710 --> 00:15:06,725
I only wish I liked you.

252
00:15:07,890 --> 00:15:11,160
And I think with Thomas Payne, for
those of us who have spent a lot

253
00:15:11,160 --> 00:15:16,170
of time with him, uh, in, in these
histories, um, we all love him.

254
00:15:16,170 --> 00:15:17,400
We just wish we liked him.

255
00:15:17,400 --> 00:15:21,420
He, he, he had this person was
hard to like, because in many ways

256
00:15:21,449 --> 00:15:25,439
he was brilliant about humanity,
but he was clueless about human.

257
00:15:26,145 --> 00:15:26,835
Uh, and

258
00:15:26,925 --> 00:15:30,975
the, the, the, the classic
conservative critique of leftist

259
00:15:30,975 --> 00:15:32,655
for people who are just listening.

260
00:15:32,655 --> 00:15:35,145
Jonathan is very formal fellow.

261
00:15:35,145 --> 00:15:41,235
He is dressed in a suit and ties a wannabe
Thomas Payne in you, uh, Jonathan, do you

262
00:15:41,235 --> 00:15:45,615
sometimes wake up in the middle of the
night and fantasize of being Thomas Payne?

263
00:15:47,040 --> 00:15:49,290
I can't say I fantasize
being Thomas Payne.

264
00:15:49,290 --> 00:15:49,410
But

265
00:15:49,410 --> 00:15:52,530
What about your wife would you like,
would she like you to be Thomas Payne?

266
00:15:52,800 --> 00:15:55,650
Oh, I don't think anyone would
wanna live with Thomas Payne.

267
00:15:55,920 --> 00:15:57,240
You know, the interesting
you mentioned about George

268
00:15:57,240 --> 00:15:59,490
be exciting though for a
few minutes, wouldn't it?

269
00:15:59,970 --> 00:16:00,150
Yeah.

270
00:16:00,150 --> 00:16:04,020
But you know, it's, um, it only took
a few minutes before people generally

271
00:16:04,020 --> 00:16:06,780
got into a fight with Thomas Payne
'cause he was the ultimate contrarian.

272
00:16:07,260 --> 00:16:10,440
And you mentioned Benjamin
Franklin, who is, is, is, is

273
00:16:10,440 --> 00:16:11,850
prominently featured in the book

274
00:16:12,150 --> 00:16:13,740
and the ladies loved, uh.

275
00:16:14,265 --> 00:16:16,845
Franklin and Franklin, of course,
loved the ladies, especially

276
00:16:16,845 --> 00:16:17,985
the French ladies, I think.

277
00:16:18,405 --> 00:16:18,825
Yes.

278
00:16:18,825 --> 00:16:23,895
And, and the interesting thing is that
Thomas Payne had finally hit rock bottom.

279
00:16:24,285 --> 00:16:26,025
Uh, he had no money.

280
00:16:26,055 --> 00:16:32,085
He, he appeared before Benjamin Franklin
in London without a penny unkempt, uh,

281
00:16:32,775 --> 00:16:35,895
known as a drunkard and, uh, a contrarian.

282
00:16:36,900 --> 00:16:41,340
Benjamin Franklin saw something in
that heap of human wreckage, which is

283
00:16:41,340 --> 00:16:43,170
a skill that Benjamin Franklin had.

284
00:16:43,170 --> 00:16:47,280
He had an eye for talent, but
his greatest achievement without

285
00:16:47,280 --> 00:16:49,500
question was Thomas Payne.

286
00:16:49,650 --> 00:16:53,790
He was the one who paid for
Thomas Payne to go to America.

287
00:16:53,880 --> 00:16:58,020
He was the one who wrote his
son the governor, to ask that

288
00:16:58,020 --> 00:16:59,550
he find a position for him.

289
00:16:59,550 --> 00:17:03,120
He was the one that told
Thomas Payne, you should write.

290
00:17:03,840 --> 00:17:07,440
And it, and in many ways the book
looks at Thomas Payne because he

291
00:17:07,440 --> 00:17:09,300
may be the quintessential American.

292
00:17:09,810 --> 00:17:15,870
He came to this shore to reinvent
himself to become something new.

293
00:17:16,319 --> 00:17:21,270
And what he found was in this place
that he said that there was a special

294
00:17:21,270 --> 00:17:24,060
something in the United States.

295
00:17:24,360 --> 00:17:25,620
And I think that's special something.

296
00:17:26,685 --> 00:17:28,334
Is a place without limits.

297
00:17:28,574 --> 00:17:31,845
And he came to reinvent himself and
he did, he discovered that the most

298
00:17:31,845 --> 00:17:36,885
valuable thing he had was, in his
head, it was being Thomas Payne.

299
00:17:37,245 --> 00:17:37,455
Yeah.

300
00:17:37,455 --> 00:17:42,135
And of course, uh, Fitzgerald famously
said he was completely wrong on this, that

301
00:17:42,705 --> 00:17:44,834
there are no second chances in America.

302
00:17:44,834 --> 00:17:47,534
And Thomas Payne had a second chance.

303
00:17:47,534 --> 00:17:49,514
And then perhaps that's
what America's all about.

304
00:17:49,514 --> 00:17:51,375
Let's get to the R word.

305
00:17:51,915 --> 00:17:52,665
Um.

306
00:17:53,520 --> 00:17:58,800
Uh, Jonathan Rage are, are you
arguing in the book that there's

307
00:17:58,800 --> 00:18:06,419
something uniquely American, or at
least, uh, uniquely American about

308
00:18:06,419 --> 00:18:08,610
rage in the American Revolution?

309
00:18:08,610 --> 00:18:11,970
I mean, all our revolutions you've
noted are, are driven by rage.

310
00:18:11,970 --> 00:18:15,570
That was a rageful, as you note
about Thomas pain and anger.

311
00:18:16,440 --> 00:18:17,910
Thirst for justice.

312
00:18:18,840 --> 00:18:24,660
What is so unique about the rage
driving the American Revolution?

313
00:18:24,660 --> 00:18:25,890
That thirst for justice.

314
00:18:25,890 --> 00:18:29,760
Of course, you can find not just
with robes beer, with Lenin, with

315
00:18:29,760 --> 00:18:31,170
Mao, with many other revolutions.

316
00:18:32,625 --> 00:18:36,375
There's nothing unique about the rage
in, in, uh, the American Revolution.

317
00:18:36,375 --> 00:18:41,534
That's the point of the book that,
that rage is, is a very human feeling.

318
00:18:41,534 --> 00:18:45,225
It's my second book that deals with
my f the, the earlier book that

319
00:18:45,225 --> 00:18:48,980
you mentioned dealt with the, what
I call the Age of Rage and Yeah.

320
00:18:48,980 --> 00:18:52,784
And the subtitle of the book is
Free Speech In An Age of Rage.

321
00:18:52,845 --> 00:18:53,085
Yeah.

322
00:18:53,145 --> 00:18:55,335
But it's not our first age of rage and.

323
00:18:55,815 --> 00:18:56,925
It's not unique.

324
00:18:57,075 --> 00:19:01,785
But what was unique was the
recognition of the founders.

325
00:19:01,785 --> 00:19:05,835
They did not want an Athenian
democracy, which was utter failure.

326
00:19:05,835 --> 00:19:09,345
It, it lasted not that very long
and, and ended up in tyranny.

327
00:19:10,005 --> 00:19:14,475
They did not want what one framer
called a mo that the tendency of

328
00:19:14,475 --> 00:19:16,605
democracies to devour themselves.

329
00:19:16,965 --> 00:19:18,415
So what was unique was the.

330
00:19:18,620 --> 00:19:23,330
Effort put in to create a system
that could vent the pressures,

331
00:19:23,330 --> 00:19:27,290
that would blow democracies
apart, that could handle the rage.

332
00:19:27,500 --> 00:19:30,560
That's what was unique,
not the rage itself.

333
00:19:31,010 --> 00:19:31,370
And,

334
00:19:31,885 --> 00:19:37,070
and that's of course Madison and, uh, the
other authors of the Federalist Papers.

335
00:19:37,070 --> 00:19:41,719
Then are you arguing that the key event
perhaps in the revolution was the debate?

336
00:19:43,185 --> 00:19:46,455
Articulated in the Federalist
papers about a centralized

337
00:19:46,455 --> 00:19:48,765
government versus something else.

338
00:19:49,365 --> 00:19:52,275
Well, what I talk about, particularly
the second half of the book and

339
00:19:52,275 --> 00:19:56,655
trying to identify the elements
that led us to create this republic

340
00:19:56,655 --> 00:20:00,135
is that we're gonna need them more
than ever in the 21st century.

341
00:20:00,765 --> 00:20:02,775
And many of those are Madisonian.

342
00:20:02,875 --> 00:20:03,745
Precautions.

343
00:20:03,745 --> 00:20:07,045
You know, I do a sort of, the first
half is sort of a tale of two cities.

344
00:20:07,045 --> 00:20:09,505
I look at Philadelphia and Paris.

345
00:20:09,715 --> 00:20:11,875
Both had violence in the street.

346
00:20:11,875 --> 00:20:13,915
This was after the American Revolution.

347
00:20:14,245 --> 00:20:16,315
Paris was about to get blown apart again.

348
00:20:16,345 --> 00:20:19,435
Uh, there was an attack called
the Battle of Fort Wilson.

349
00:20:19,435 --> 00:20:21,775
It was actually just James Wilson's home.

350
00:20:21,805 --> 00:20:27,115
He came damn near close, one of the
founders to being killed by a mob.

351
00:20:27,425 --> 00:20:31,565
And many people died, but then
it stomped in Philadelphia.

352
00:20:31,565 --> 00:20:32,975
That's a true miracle about it.

353
00:20:33,305 --> 00:20:37,295
And even though the Constitution
was unpopular, it barely passed in

354
00:20:37,295 --> 00:20:42,575
Pennsylvania, people discovered that
they had an alternative to going

355
00:20:42,575 --> 00:20:45,695
into the streets and it's stabilized.

356
00:20:45,995 --> 00:20:47,285
That's what was missing.

357
00:20:47,285 --> 00:20:51,695
The French Revolution and
it take, it takes a lot.

358
00:20:52,050 --> 00:20:54,240
When you unleash that
rage, it takes a lot.

359
00:20:54,450 --> 00:20:57,960
You know, starting revolutions is
not as as difficult as ending one.

360
00:20:58,380 --> 00:21:01,710
You know, Napoleon Bonaparte, of
course, was the result of the French

361
00:21:01,710 --> 00:21:03,300
Revolution, but it's Bonaparte.

362
00:21:03,300 --> 00:21:07,440
That said, a revolution is an
idea that has found its bayonets.

363
00:21:07,800 --> 00:21:13,590
The problem is defined a way to put the
bayonets away when you have accomplished

364
00:21:13,590 --> 00:21:18,720
or articulated that idea, and that's
what the French were unable to do.

365
00:21:18,720 --> 00:21:20,100
It required a shock.

366
00:21:20,925 --> 00:21:22,844
To them to end the bloodletting.

367
00:21:23,084 --> 00:21:25,695
You know, you talk about the
figures from the French Revolution.

368
00:21:25,905 --> 00:21:29,475
One that I spend a lot of time
on is, is Corde, who is this

369
00:21:29,475 --> 00:21:35,385
beautiful woman who killed Marat
in his bathtub and it was famously

370
00:21:35,475 --> 00:21:36,284
famous painting.

371
00:21:36,284 --> 00:21:36,615
Yeah.

372
00:21:36,855 --> 00:21:37,155
Yes.

373
00:21:37,155 --> 00:21:39,615
With David, the death of, of Marat.

374
00:21:40,155 --> 00:21:42,534
Um, David was himself
a radical jack of the.

375
00:21:42,610 --> 00:21:46,120
Him and, and this was sort of a
propaganda piece he had do, he

376
00:21:46,120 --> 00:21:50,620
had Marat laid out like a Piet
in the tub with alabaster skin.

377
00:21:50,889 --> 00:21:53,770
You know, Marat was in the tub
'cause his, he was covered in sores

378
00:21:53,800 --> 00:21:55,570
'cause he had a rare skin disease.

379
00:21:56,080 --> 00:21:59,919
And, uh, he, he most likely did
not look quite as contented as,

380
00:21:59,949 --> 00:22:06,040
uh, have a knife plunged into his
chest, but corde in many ways.

381
00:22:06,595 --> 00:22:08,335
Was a shock to the system.

382
00:22:08,395 --> 00:22:12,055
Uh, her execution was
different from the rest.

383
00:22:12,505 --> 00:22:19,225
Uh, people found her courage and not
just her beauty to be, uh, really

384
00:22:19,255 --> 00:22:26,515
sort of, um, all encompassing and
watching her execution was robes.

385
00:22:26,515 --> 00:22:29,425
Pierre next to him was Dante,
both of which would soon

386
00:22:29,425 --> 00:22:30,955
fall under the same blade.

387
00:22:31,785 --> 00:22:36,435
And I, but Corde was, I think
one of those turning points.

388
00:22:36,435 --> 00:22:37,635
She was a Republican.

389
00:22:37,635 --> 00:22:41,235
She was not, uh, a royalist in that sense.

390
00:22:41,265 --> 00:22:44,925
She had seen the bloodletting and
wanted to end it, and, but she ended

391
00:22:44,925 --> 00:22:46,155
it with an act of assassination.

392
00:22:47,745 --> 00:22:51,014
You mentioned earlier that
you're a, a Madison scholar.

393
00:22:51,044 --> 00:22:54,645
Madison, of course, is
famously associated with words.

394
00:22:54,645 --> 00:22:58,215
If, if men were angels, no
government would be necessary.

395
00:22:58,215 --> 00:23:05,804
And of course, we are not in, in terms
of defining not being angels was.

396
00:23:06,570 --> 00:23:11,940
Madison's analysis that we were rageful
or economically self-interested in

397
00:23:12,030 --> 00:23:16,680
tend tending towards faction, or are
those in his mind the same thing?

398
00:23:17,655 --> 00:23:19,935
Well, it may be in some
ways the same thing.

399
00:23:19,935 --> 00:23:23,175
You know, I, people often will
ask me, you know, it seems like

400
00:23:23,175 --> 00:23:27,615
Madison was a cynic, uh, that,
you know, he talked about factions

401
00:23:27,615 --> 00:23:29,805
and how, uh, people form factions.

402
00:23:29,985 --> 00:23:31,365
I always push back on that.

403
00:23:31,365 --> 00:23:34,274
In some ways, I consider Madison the
greatest of optimists because he.

404
00:23:34,890 --> 00:23:36,225
Took us for who we are.

405
00:23:36,225 --> 00:23:39,435
He didn't, you know, I always
tell my students, when my students

406
00:23:39,435 --> 00:23:42,795
come up and say, oh, I read, I
I've read the US Constitution.

407
00:23:42,795 --> 00:23:43,605
I just love it.

408
00:23:43,605 --> 00:23:44,445
It's so beautiful.

409
00:23:44,445 --> 00:23:47,085
I, I know they've never read
the US Constitution 'cause they,

410
00:23:47,090 --> 00:23:48,735
well they probably used AI to read it.

411
00:23:48,735 --> 00:23:49,485
They've probably got a summary.

412
00:23:50,355 --> 00:23:50,415
Yeah.

413
00:23:50,505 --> 00:23:52,545
US Constitution reads like the tax code.

414
00:23:52,545 --> 00:23:54,645
I mean it, there's nothing but
I tell 'em, if you wanna read

415
00:23:54,645 --> 00:23:57,225
a beautiful constitution, read
any of the French constitutions.

416
00:23:57,225 --> 00:24:01,155
I mean, 'cause they had a lot of
practice 'cause they failed so often and.

417
00:24:01,520 --> 00:24:03,860
You know, but they knew how
to write a constitution.

418
00:24:03,889 --> 00:24:08,209
They would talk about the rights of
man, this horizonal view of who we

419
00:24:08,209 --> 00:24:11,209
are, and they would have a revolution,
and the next morning they'd wake up

420
00:24:11,510 --> 00:24:14,810
and have that morning after feeling
that you're not quite the, yeah.

421
00:24:15,350 --> 00:24:18,560
Jonathan, what's, you know, I've heard
the, it's an interesting argument.

422
00:24:18,560 --> 00:24:20,000
I've heard it many times before.

423
00:24:20,000 --> 00:24:23,300
What's original about your argument
about this distinction between the

424
00:24:23,300 --> 00:24:24,860
American and the French Revolution?

425
00:24:25,280 --> 00:24:27,290
Well, that's really not
the thrust of the book.

426
00:24:27,290 --> 00:24:28,185
The thrust of the book.

427
00:24:28,815 --> 00:24:29,625
Uh, is

428
00:24:29,625 --> 00:24:31,485
so you would acknowledge it's
not particularly original.

429
00:24:32,760 --> 00:24:33,030
That, uh,

430
00:24:33,120 --> 00:24:35,340
about how often the French, about the,

431
00:24:35,550 --> 00:24:40,679
well, the, the American was Madisonian
and the French was rooted in violence and

432
00:24:40,679 --> 00:24:42,929
rage and Rob Spear and the guillotine.

433
00:24:42,929 --> 00:24:46,230
No, the book, the book actually,
uh, does, it does not just

434
00:24:46,230 --> 00:24:47,610
say that the book looks at.

435
00:24:48,330 --> 00:24:53,670
The French Revolution and the difference
between Voltaire and, and and Rousseau.

436
00:24:53,670 --> 00:24:57,000
You know, it was famously said by
one French, French historian that

437
00:24:57,300 --> 00:25:01,680
the first French revolution was
Volta, and the second, which became

438
00:25:01,680 --> 00:25:02,909
the reign of terror, was Rousseau.

439
00:25:03,540 --> 00:25:08,790
And I look at, at what were the
contributors there, because the thrust of

440
00:25:08,790 --> 00:25:11,280
my book is really to sort of have some.

441
00:25:11,680 --> 00:25:17,560
Guide a survival guide, uh, for, uh,
this republic in the 21st century.

442
00:25:18,040 --> 00:25:21,370
And we're going to have to
rely on those elements more

443
00:25:21,370 --> 00:25:22,930
than we have ever done before.

444
00:25:23,350 --> 00:25:26,530
And the concern I raise is that
many of my colleagues, a lot

445
00:25:26,530 --> 00:25:27,940
of law professors, law deans.

446
00:25:28,774 --> 00:25:32,975
Uh, our calling for removing some of
the very elements, identifying the book

447
00:25:32,975 --> 00:25:36,695
is key to why we stabilized and became.

448
00:25:36,695 --> 00:25:36,815
So

449
00:25:37,055 --> 00:25:41,014
are you suggesting that there are
robe spears hidden in lots of law

450
00:25:41,014 --> 00:25:42,395
departments around the country?

451
00:25:43,145 --> 00:25:46,745
Um, I'm not saying that, in fact,
in the book I say I don't believe

452
00:25:46,745 --> 00:25:52,115
that any of these new jacobins want
to see, uh, um, you know, the, uh,

453
00:25:52,115 --> 00:25:56,915
the carts rolled down Pennsylvania
Avenue, but neither did robes Pierre.

454
00:25:57,135 --> 00:25:58,245
Uh, when he began.

455
00:25:58,245 --> 00:26:06,495
The key is that you can lose control,
uh, to a mob if you, if you have

456
00:26:06,495 --> 00:26:10,455
more direct democratic impulse,
if you remove these precautions.

457
00:26:10,455 --> 00:26:13,574
And what concerns me is, you know,
one of the priorities is the change

458
00:26:13,574 --> 00:26:15,645
the Supreme Court to pack the supreme.

459
00:26:16,575 --> 00:26:21,075
Uh, also to change the US Senate, uh,
with the Dean of Berkeley Law School has

460
00:26:21,075 --> 00:26:25,305
a book out saying, no constitution lasts
forever, and says that the US Constitution

461
00:26:25,305 --> 00:26:27,705
is now the threat that has to be overcome.

462
00:26:27,735 --> 00:26:29,805
Who's the dean of the Berkeley Law School?

463
00:26:29,985 --> 00:26:31,305
Uh, Irwin Chasky.

464
00:26:31,545 --> 00:26:31,845
Yeah.

465
00:26:31,845 --> 00:26:32,715
He is been on the show.

466
00:26:32,715 --> 00:26:35,415
Let's, so let's fast forward,
let's get to the core of the book.

467
00:26:35,835 --> 00:26:40,155
Yesterday was the Super Bowl, uh,
supposedly bringing Americans.

468
00:26:40,815 --> 00:26:41,955
Together of course.

469
00:26:41,955 --> 00:26:46,545
Although if anything, it divided them even
more attitudes to culture and politics.

470
00:26:46,545 --> 00:26:51,014
Some people might be listening to this,
um, Jonathan, and thinking, well, this

471
00:26:51,014 --> 00:26:56,685
guy's talking about the dangers of mob
ocracy, but he's on Fox News all the time.

472
00:26:56,685 --> 00:27:02,445
Isn't the danger of mob, ocracy and
rage isn't that more manifest on

473
00:27:02,445 --> 00:27:06,645
the right with the followers of MAGA
and Trump than it is on the left?

474
00:27:07,004 --> 00:27:09,075
In America in 2026.

475
00:27:09,435 --> 00:27:13,875
I don't see how you could argue that in
the sense that there's rage on both sides.

476
00:27:13,875 --> 00:27:15,825
You see it all around you.

477
00:27:15,825 --> 00:27:17,385
Rage is a strange thing.

478
00:27:17,865 --> 00:27:23,745
It gives you license to say and do things
you would not ordinarily say or do, but

479
00:27:23,745 --> 00:27:25,815
what people won't admit on either side.

480
00:27:26,219 --> 00:27:29,639
Is that they like it, it's
addictive and it's contagious.

481
00:27:29,939 --> 00:27:32,550
I, I don't see any
difference in that sense.

482
00:27:33,090 --> 00:27:33,929
I, and

483
00:27:34,199 --> 00:27:38,455
although, uh, coming back to the
politicians, I know, you know,

484
00:27:38,520 --> 00:27:39,990
you're not a big admirer of.

485
00:27:40,875 --> 00:27:44,565
Some of the, the politicians on the
left, you wrote something critical of, of

486
00:27:44,565 --> 00:27:51,435
Newsom, but Trump seems to capture the,
the sort of the rageful zeitgeist of the

487
00:27:51,435 --> 00:27:53,085
age more than anyone else, doesn't he?

488
00:27:53,085 --> 00:27:57,405
I certainly don't see a, a rageful
trump on the left in America, or at

489
00:27:57,405 --> 00:28:00,645
least one who has any political skills.

490
00:28:01,440 --> 00:28:03,629
I'm not too sure how you
could have missed that.

491
00:28:03,810 --> 00:28:05,580
Well, who would be an example?

492
00:28:05,760 --> 00:28:10,889
Well, you have everyone from Governor
Waltz to the members of Congress

493
00:28:10,889 --> 00:28:17,159
calling ice Nazis, Gestapo, uh, saying
there's gonna be Nuremberg trials.

494
00:28:17,280 --> 00:28:18,120
What do you call that?

495
00:28:18,120 --> 00:28:18,240
If

496
00:28:18,240 --> 00:28:21,370
it's not, they say that,
well, but what is not a,

497
00:28:23,250 --> 00:28:24,270
I wanna correct something out.

498
00:28:25,050 --> 00:28:27,990
And that is, I've been
critical of both sides.

499
00:28:28,320 --> 00:28:30,870
My students will tell you I haven't
liked the president since James

500
00:28:30,870 --> 00:28:35,699
Madison, and so I have criticized
President Trump and when I thought he

501
00:28:35,699 --> 00:28:37,530
was right, I have said that as well.

502
00:28:37,949 --> 00:28:40,020
But there is no lock on rage today.

503
00:28:40,020 --> 00:28:45,040
That is a. Conceit that people love to
say that it's the other side, right.

504
00:28:45,220 --> 00:28:46,690
My rage is righteous.

505
00:28:46,690 --> 00:28:48,100
Their rage is dangerous.

506
00:28:48,460 --> 00:28:50,890
That's very much the voice of rage.

507
00:28:51,340 --> 00:28:51,610
And are

508
00:28:51,610 --> 00:28:53,320
you raging against rage, though?

509
00:28:53,320 --> 00:28:55,030
It sounds, if you might be a bit,

510
00:28:55,060 --> 00:28:58,480
no, 'cause I actually, I don't
think that it's, the rage itself

511
00:28:58,540 --> 00:29:00,310
is, is the threatening element.

512
00:29:01,050 --> 00:29:03,450
We have a system that can handle rage.

513
00:29:03,455 --> 00:29:08,580
It, it was, I, I testified once in
Congress when one of the members

514
00:29:08,580 --> 00:29:12,990
asked me, you know, you always talk
to us about, uh, the framers, but

515
00:29:12,990 --> 00:29:15,450
you know, people today talk like
they're trying to kill each other.

516
00:29:15,450 --> 00:29:18,810
And I pointed out, you know,
congressman, they were actually

517
00:29:18,840 --> 00:29:20,250
trying to kill each other back then.

518
00:29:20,460 --> 00:29:24,210
The, the US Constitution wasn't
just written for times like this.

519
00:29:24,210 --> 00:29:25,620
It was written during a time like this.

520
00:29:26,340 --> 00:29:28,920
It was designed to handle rage.

521
00:29:29,070 --> 00:29:30,750
I'm not afraid of the rage.

522
00:29:31,290 --> 00:29:34,620
What I'm afraid of is removing
the elements that we need to

523
00:29:34,620 --> 00:29:37,710
regulate, uh, and moderate the rage.

524
00:29:37,920 --> 00:29:40,500
That's what can become a hypocrisy.

525
00:29:40,620 --> 00:29:42,210
Are we a hypocrisy now?

526
00:29:42,270 --> 00:29:46,230
No, because we have a system
designed not to let that happen.

527
00:29:46,650 --> 00:29:46,860
Go.

528
00:29:46,860 --> 00:29:50,610
Going back to pain, say comparing
the comparison of pain, who was.

529
00:29:51,629 --> 00:29:55,470
An itinerant Englishman who suffered
a lot in his life in Jefferson,

530
00:29:55,470 --> 00:29:58,649
who was an aristocrat and had a
wonderful estate on Monticello,

531
00:29:58,649 --> 00:30:01,710
lots of slaves, even a slave wife.

532
00:30:02,159 --> 00:30:06,120
He had reason to be cheerful with
his wine and his fancy new estate.

533
00:30:06,210 --> 00:30:11,850
Uh, some people might argue in America
in 2026, Jonathan, that there's all

534
00:30:11,850 --> 00:30:17,010
reason to be raged too much more and more
inequalities, more and more of a struggle

535
00:30:17,010 --> 00:30:22,740
to survive, to pay one's rent, anger on
the street, anger against the police,

536
00:30:22,740 --> 00:30:25,260
anger within the police, blah, blah, blah.

537
00:30:25,800 --> 00:30:29,524
Can one argue in 2026 that the.

538
00:30:30,435 --> 00:30:36,015
Rage that you fear and are critical
of is almost logical, inevitable,

539
00:30:36,015 --> 00:30:41,205
given the economic and cultural
organization of the current republic.

540
00:30:42,465 --> 00:30:46,815
I, the, that's actually what I
say in the book, that the, I don't

541
00:30:46,815 --> 00:30:48,195
actually, I, I don't actually.

542
00:30:48,824 --> 00:30:51,915
Uh, condemn rage as an
emotion or a passion.

543
00:30:51,915 --> 00:30:55,844
I, I believe rage is something
inherent during times of great

544
00:30:55,844 --> 00:30:58,754
economic, uh, and political change.

545
00:30:58,784 --> 00:31:00,375
That's not the problem.

546
00:31:00,824 --> 00:31:05,445
Uh, but what I am warning about
in the book is our, how we're

547
00:31:05,445 --> 00:31:07,004
going to face what's coming.

548
00:31:07,395 --> 00:31:11,715
Which I believe with AI and robotics
will I take the most conservative

549
00:31:11,715 --> 00:31:16,035
estimates on the loss of jobs
from uh, from that technology.

550
00:31:16,395 --> 00:31:22,785
And we are looking at the possibility
of a very large static unemployed.

551
00:31:22,935 --> 00:31:26,235
Class of individuals who would
be supported by the state and the

552
00:31:26,235 --> 00:31:30,284
book asks, how does that change a
citizen's relationship to the state?

553
00:31:30,554 --> 00:31:33,345
I disagree with you by the way,
when you said that pain was

554
00:31:33,345 --> 00:31:34,784
not a big fan of capitalism.

555
00:31:34,784 --> 00:31:35,655
I think you're wrong.

556
00:31:36,105 --> 00:31:40,605
And uh, you know, I note in the
book that, you know, the Wealth of

557
00:31:40,605 --> 00:31:42,855
Nations came out the year of our.

558
00:31:43,110 --> 00:31:47,220
Of the Declaration of
Independence, it was embraced here.

559
00:31:47,220 --> 00:31:48,870
It was not a huge success in Europe.

560
00:31:48,870 --> 00:31:50,250
It was a big success here.

561
00:31:50,640 --> 00:31:55,200
'cause the founders viewed his
economic theory as being the perfect

562
00:31:55,200 --> 00:31:59,010
companion to their political theory,
and it was the combination of that.

563
00:31:59,615 --> 00:32:02,585
That helped stabilize the system.

564
00:32:02,825 --> 00:32:06,845
Payne actually said many things
in agreement with, with Smith.

565
00:32:07,055 --> 00:32:09,755
He was also, however,
very forward looking.

566
00:32:09,755 --> 00:32:13,475
He would talk about things that we would
consider today to be public welfare

567
00:32:13,475 --> 00:32:20,795
systems, but he was actually a fairly,
um, outspoken supporter of free markets.

568
00:32:21,485 --> 00:32:28,205
Yeah, and of course Smith himself was not
really smithian in the sense that some.

569
00:32:28,875 --> 00:32:30,615
Libertarians have interpreted it.

570
00:32:30,615 --> 00:32:33,315
So Jonathan, let's get to
the heart of the book then.

571
00:32:33,765 --> 00:32:38,925
If indeed, America is on the brink
of a new chapter of massive rage, if

572
00:32:38,925 --> 00:32:41,265
everyone's about to lose their jobs to ai.

573
00:32:42,074 --> 00:32:44,264
What would you advise is the solution?

574
00:32:44,264 --> 00:32:46,064
Political, economic, cultural.

575
00:32:47,054 --> 00:32:49,995
I actually think the, the book
talks about a number of elements

576
00:32:49,995 --> 00:32:51,345
that we have to focus on.

577
00:32:51,675 --> 00:32:57,225
One is we can't have a kept
population, so you can't, uh, this

578
00:32:57,225 --> 00:33:01,635
republic won't work if people are
simply subsidized by the government.

579
00:33:01,635 --> 00:33:05,895
It won't work because it denies
something very human about us, not just

580
00:33:05,895 --> 00:33:08,715
our relationship to the government,
but people need to be productive.

581
00:33:08,745 --> 00:33:10,004
They need to have a way.

582
00:33:10,445 --> 00:33:14,345
One of the things the framers
liked about Smith was they believed

583
00:33:14,345 --> 00:33:18,605
that if you weren't economically
independent, you'd never truly be free.

584
00:33:19,025 --> 00:33:23,165
So the book talks about mistakes
that we have to avoid, subsidizing

585
00:33:23,165 --> 00:33:26,885
industries that are going to be
devastated by AI and robotics.

586
00:33:27,275 --> 00:33:30,395
Uh, that's usually the first
tendency of politicians is just

587
00:33:30,575 --> 00:33:32,765
prop up industries like that,

588
00:33:32,770 --> 00:33:35,735
or, or the coal industry in
West Virginia that, yeah.

589
00:33:35,825 --> 00:33:38,255
Well the key is to find homo centric.

590
00:33:38,790 --> 00:33:46,740
Uh, um, occupations and I talk about
those, uh, a shift, but we cannot have

591
00:33:46,740 --> 00:33:49,230
what I call an arts and crafts population.

592
00:33:49,230 --> 00:33:54,960
You can't just entertain the population,
uh, that will have no productive use.

593
00:33:55,290 --> 00:33:57,450
'cause human beings have to
be productive in my field.

594
00:33:57,480 --> 00:34:00,899
So you are not a big fan of
the abundance argument either.

595
00:34:01,130 --> 00:34:05,780
Um, Ezra Klein and Derek Thompson,
or the more radical abundance

596
00:34:05,780 --> 00:34:10,250
argument out in Silicon Valley that
technology will liberate us from labor.

597
00:34:10,250 --> 00:34:11,300
It's really Marx.

598
00:34:11,300 --> 00:34:13,250
His, uh, German.

599
00:34:13,784 --> 00:34:18,885
A German ideology argument that, uh,
we'll all be free to be writers or

600
00:34:18,885 --> 00:34:21,135
philosophers or poets in the afternoon.

601
00:34:21,135 --> 00:34:22,245
You don't believe in any of that?

602
00:34:22,245 --> 00:34:22,275
I

603
00:34:22,665 --> 00:34:23,054
don't.

604
00:34:23,264 --> 00:34:26,985
And I go into in depth on
that as to why it's important

605
00:34:26,985 --> 00:34:29,534
for people to be productive.

606
00:34:29,565 --> 00:34:32,054
You know, I talk about the fact
that, look, one of my grandfathers

607
00:34:32,054 --> 00:34:35,534
was a coal miner who got black
lung in the minds of Ohio.

608
00:34:35,534 --> 00:34:37,275
The other one was a, was a Cooper.

609
00:34:37,335 --> 00:34:38,360
He made barrels.

610
00:34:39,155 --> 00:34:40,625
Neither of them liked their job.

611
00:34:40,625 --> 00:34:45,215
I mean, one almost killed my,
my Italian grandfather, but

612
00:34:45,215 --> 00:34:46,835
if you asked him who he was.

613
00:34:47,550 --> 00:34:51,030
Even long after he had left the
mines, he said he was a coal miner.

614
00:34:51,570 --> 00:34:55,380
And the reason is that we are often
identified with what makes us productive.

615
00:34:55,380 --> 00:34:59,100
That's why people come to this
country, to reinvent themselves,

616
00:34:59,100 --> 00:35:00,780
to find their own manifest destiny.

617
00:35:00,780 --> 00:35:01,920
The second chances.

618
00:35:02,640 --> 00:35:03,030
Yeah.

619
00:35:03,090 --> 00:35:08,130
And I think that this idea that we're
just going to be a kept population,

620
00:35:08,700 --> 00:35:10,890
uh, ignores that very human need.

621
00:35:11,295 --> 00:35:12,855
So I, I take your point, Jonathan.

622
00:35:12,855 --> 00:35:17,835
I'm not sure anyone would necessarily
argue, but in, in our age where we

623
00:35:17,835 --> 00:35:21,615
have a, a winner take all capitalism
where we have fewer and fewer

624
00:35:21,615 --> 00:35:26,565
companies controlling more and more
of the economy, uh, open AI anthropic

625
00:35:26,565 --> 00:35:28,995
will likely do their IPOs this year.

626
00:35:29,565 --> 00:35:33,105
These new AI companies are controlling
everything they'll eliminate

627
00:35:33,134 --> 00:35:36,795
for better or worse, willingly
or, or consciously or otherwise.

628
00:35:37,350 --> 00:35:43,320
Jobs to, to borrow, uh, another phrase
from a, another revolutionary, I'm

629
00:35:43,320 --> 00:35:45,150
sure one that you're not keen on Lenin.

630
00:35:45,150 --> 00:35:47,250
What is to be done,
what, what should happen?

631
00:35:47,250 --> 00:35:49,110
What are you arguing in favor of?

632
00:35:49,800 --> 00:35:55,830
Well, I'm arguing in favor of preserving,
trying to reduce the dependency and ation

633
00:35:55,830 --> 00:36:01,920
of the population by making wise choices
as to how we support certain industries,

634
00:36:02,430 --> 00:36:05,580
but also to reaffirm those elements.

635
00:36:05,640 --> 00:36:07,680
That protect liberty.

636
00:36:07,680 --> 00:36:11,430
And many of those elements are the
ones being under attack by many

637
00:36:11,430 --> 00:36:13,440
folks, including many law professors.

638
00:36:13,680 --> 00:36:18,210
And so I, I try to argue as
best I can, uh, that we need to

639
00:36:18,210 --> 00:36:19,980
preserve that more than ever.

640
00:36:20,009 --> 00:36:23,759
Uh, and that could be
the key here because.

641
00:36:24,109 --> 00:36:28,069
I talk about what I call corporate
feudalism, uh, which is the rise of these

642
00:36:28,069 --> 00:36:33,109
major corporations and the dangers they,
they present Also, global governance

643
00:36:33,109 --> 00:36:38,390
systems like the eu, uh, which I believe
is probably the worst positioned in

644
00:36:38,390 --> 00:36:40,939
dealing with the problems that are coming.

645
00:36:40,939 --> 00:36:42,080
I believe the eu.

646
00:36:42,385 --> 00:36:47,515
Could ultimately collapse in spectacular
fashion because it does not have the

647
00:36:47,515 --> 00:36:51,265
elements that I discussed in this
book that are going to be necessary

648
00:36:51,265 --> 00:36:53,095
to protect individual liberty.

649
00:36:53,095 --> 00:36:56,215
And what happens is that when you
have a system like that collapse,

650
00:36:56,545 --> 00:36:59,270
it's very dangerous because
it often ends up in tyranny.

651
00:37:01,455 --> 00:37:04,575
Yeah, I take your point, although it's
not, it's, it's not a book about the

652
00:37:04,575 --> 00:37:09,705
eu, but then if everything you're saying
is true, and I don't think many people

653
00:37:09,705 --> 00:37:13,455
would disagree that people are gonna
lose their jobs, their ways of life.

654
00:37:14,265 --> 00:37:17,175
You're arguing against state intervention.

655
00:37:17,175 --> 00:37:22,305
You're arguing that a kept population
is a, is an unfree population,

656
00:37:22,305 --> 00:37:23,895
an un-American population.

657
00:37:24,690 --> 00:37:28,350
What becomes of the, the people
who lose their jobs, if you're not

658
00:37:28,350 --> 00:37:31,799
gonna give them guaranteed minimum
income, which I'm sure you're against,

659
00:37:32,370 --> 00:37:33,480
then what are they supposed to do?

660
00:37:33,480 --> 00:37:36,450
Are you falling back on a
kind of hard victorianism?

661
00:37:36,450 --> 00:37:38,670
These people should
just die on the street.

662
00:37:39,330 --> 00:37:44,190
I'm not too sure why you think I'm against
supporting people who don't have jobs.

663
00:37:44,190 --> 00:37:46,080
Of course, I'm in favor of that.

664
00:37:46,410 --> 00:37:48,330
But you're against the cap population.

665
00:37:49,350 --> 00:37:49,890
That's right.

666
00:37:49,890 --> 00:37:54,360
But there's, there's a little room between
that and leaving a population to starve.

667
00:37:54,390 --> 00:37:57,750
I mean the, I think that we are
going to have to subsidize a

668
00:37:57,750 --> 00:37:59,310
large population of unemployed.

669
00:37:59,310 --> 00:38:03,480
The question is, what will we
do beyond the subsidization?

670
00:38:03,480 --> 00:38:08,700
And I argue against certain moves like
the subsidy of failing industries and

671
00:38:08,700 --> 00:38:12,750
instead shifting over to industries
that will remain homo centric.

672
00:38:12,750 --> 00:38:16,800
There are certain types of jobs that
people are still gonna want a human.

673
00:38:17,125 --> 00:38:18,115
Element in the book.

674
00:38:18,115 --> 00:38:20,245
I actually call them GYN jobs.

675
00:38:20,275 --> 00:38:23,935
Um, and only nerds will
understand that term.

676
00:38:24,295 --> 00:38:28,615
Uh, 'cause GYN was the
bartender on, uh, the um.

677
00:38:29,910 --> 00:38:34,440
Next generation on, on, uh, on
the enterprise and 10 forward.

678
00:38:34,799 --> 00:38:35,340
And I always,

679
00:38:35,340 --> 00:38:36,900
so you're a Star Trek person too.

680
00:38:36,930 --> 00:38:37,500
You've got a little bit

681
00:38:37,500 --> 00:38:40,950
of Well, but it, I always admit was
I, I always thought it was curious

682
00:38:40,950 --> 00:38:45,540
growing up that you had a replicator
right behind Gyan that could make

683
00:38:45,540 --> 00:38:50,250
the perfect Rolin sunrise cocktail,
and yet people would have her make

684
00:38:50,250 --> 00:38:54,240
it, even though that replicator could
make literally the perfect cocktail.

685
00:38:54,299 --> 00:38:56,009
But this is all fantasy, Jonathan.

686
00:38:56,009 --> 00:38:58,320
It's all very well for
professors like yourself too.

687
00:38:59,040 --> 00:39:01,375
No, hold on.

688
00:39:01,380 --> 00:39:02,790
People are gonna lose their jobs.

689
00:39:02,790 --> 00:39:03,180
Right.

690
00:39:03,185 --> 00:39:08,310
Over, over all this, you, you're not
in favor of subsidizing coal miners

691
00:39:08,310 --> 00:39:11,760
or maybe lawyers because they're
gonna be out of work through ai.

692
00:39:12,720 --> 00:39:13,740
What are you suggesting?

693
00:39:13,740 --> 00:39:15,390
Everyone should become masses.

694
00:39:15,390 --> 00:39:19,500
I mean, gimme some examples of work
that you think will flourish in this.

695
00:39:20,085 --> 00:39:21,105
Age of ai?

696
00:39:21,105 --> 00:39:21,765
Of robotics.

697
00:39:21,915 --> 00:39:23,325
Well, I was getting to that.

698
00:39:23,325 --> 00:39:25,424
The question is what are GY jobs?

699
00:39:25,424 --> 00:39:28,455
What are jobs that people
still want a human being to do?

700
00:39:28,515 --> 00:39:32,955
And there's a great variety of them from
education to certain areas of medicine.

701
00:39:32,955 --> 00:39:36,045
I talk about how certain areas
of medicine are going to be

702
00:39:36,105 --> 00:39:38,234
largely wiped out by ai, robotics.

703
00:39:38,234 --> 00:39:41,355
Things like you're not gonna
have as many radiologists, uh,

704
00:39:41,355 --> 00:39:42,825
just because it's sort of silly.

705
00:39:42,825 --> 00:39:47,234
If you can have AI do that function
better, but you are gonna have

706
00:39:47,234 --> 00:39:48,464
psychiatrists, psychologists.

707
00:39:49,020 --> 00:39:49,740
Analyst.

708
00:39:49,740 --> 00:39:53,730
You're also gonna have a lot of,
of industries, particularly like

709
00:39:53,730 --> 00:39:56,970
education, that people are going to
still, which is one of the largest

710
00:39:56,970 --> 00:39:58,620
employers already in the United States.

711
00:39:58,680 --> 00:40:02,609
There are more teachers, although AI
can replace teachers, why, why shouldn't

712
00:40:02,609 --> 00:40:07,140
a, a smart machine replace a teacher
and more than a, a smart machine?

713
00:40:07,140 --> 00:40:08,100
Replace a lawyer.

714
00:40:08,430 --> 00:40:12,180
Because I, I think it's possible they
could, but I do think that that may be

715
00:40:12,180 --> 00:40:16,680
a GYN area that, uh, people are still
going to want to have human beings

716
00:40:16,680 --> 00:40:18,149
involved, including with the law.

717
00:40:18,149 --> 00:40:22,200
For example, we've seen ai, uh,
involved in the law in a very

718
00:40:22,200 --> 00:40:25,020
significant way, but I still think
that there's going to be a desire

719
00:40:25,020 --> 00:40:26,940
to have human lawyers, human judges.

720
00:40:27,509 --> 00:40:30,390
So there's industries
like that that we have to.

721
00:40:30,575 --> 00:40:32,075
To, to see.

722
00:40:32,615 --> 00:40:36,904
So the argument here is not,
don't subsidize starving people.

723
00:40:37,205 --> 00:40:42,154
Obviously we are gonna be giving some
type of living wage to a large population.

724
00:40:42,484 --> 00:40:47,404
But what we have to look at is how that
affects politically, the relationship

725
00:40:47,404 --> 00:40:51,904
of citizens to the government, and
how we can preserve the sense of

726
00:40:51,904 --> 00:40:58,535
productivity, individuality, uh, that
citizens need, uh, to feel fully human.

727
00:40:59,895 --> 00:41:03,525
What about the top villian
analysis of revolution, Jonathan?

728
00:41:03,525 --> 00:41:08,445
That people get angriest, not when they're
at their poorest or when they're suffering

729
00:41:08,445 --> 00:41:15,315
the most, but actually when they're
a little better off is rage rational.

730
00:41:17,175 --> 00:41:18,885
Well, rage can't be rational.

731
00:41:18,915 --> 00:41:21,165
You know, it's also
very subjective, right?

732
00:41:21,165 --> 00:41:23,625
That it's, uh, your rage is righteous.

733
00:41:23,625 --> 00:41:25,155
Their rage is dangerous.

734
00:41:25,635 --> 00:41:30,045
Uh, you know, I've been a legal
analyst for Ford Networks for 30 years.

735
00:41:30,105 --> 00:41:31,155
C-B-S-N-B.

736
00:41:31,155 --> 00:41:38,985
CBBC, uh, and Fox recently, and
I've always seen rage on both sides.

737
00:41:39,525 --> 00:41:42,915
Uh, and there's always a reason for it.

738
00:41:43,605 --> 00:41:45,255
Uh, that's the thing about rage.

739
00:41:46,455 --> 00:41:51,285
It's what rage unleashes that can
become dangerous if it's not controlled.

740
00:41:51,915 --> 00:41:56,745
And that's what Madison and others
tried to do, um, did very well.

741
00:41:56,745 --> 00:41:57,254
I think.

742
00:41:58,185 --> 00:42:02,504
Um, it's what the French failed to
do with their early constitutions.

743
00:42:03,165 --> 00:42:05,685
Uh, so we have to look at that.

744
00:42:06,060 --> 00:42:10,680
And we also have to preserve what
I call a liberty enhancing economy.

745
00:42:11,220 --> 00:42:14,880
That, you know, yes, we're gonna
have to subsidize a large population

746
00:42:14,880 --> 00:42:18,090
of unemployed people and many of
those individuals, because of their

747
00:42:18,090 --> 00:42:21,480
age, we have to accept, are probably
not going to be employed again.

748
00:42:22,020 --> 00:42:26,970
But we have to be able to use these
years to try to prepare for that.

749
00:42:27,420 --> 00:42:30,030
Uh, we just can't just cut them checks.

750
00:42:30,090 --> 00:42:34,710
Uh, we have to look at the implications
politically and socially for people who.

751
00:42:35,075 --> 00:42:36,605
Are kept in that sense.

752
00:42:37,475 --> 00:42:40,535
So your solution isn't not so
much legal, even if you're a legal

753
00:42:40,535 --> 00:42:42,755
analyst, it's economic and political.

754
00:42:43,115 --> 00:42:45,395
Are there models of this?

755
00:42:45,395 --> 00:42:48,545
I mean, are you really calling
for a, a digital new deal?

756
00:42:48,545 --> 00:42:50,015
Is FDR the model here?

757
00:42:51,365 --> 00:42:53,285
No, I wouldn't necessarily say that.

758
00:42:53,285 --> 00:42:53,705
I think that.

759
00:42:54,630 --> 00:42:58,920
Uh, what we do have to do is
to try to preserve capitalistic

760
00:42:58,920 --> 00:43:00,930
elements to allow people to,

761
00:43:01,200 --> 00:43:02,430
so where's the model then?

762
00:43:02,430 --> 00:43:03,360
I I take your point.

763
00:43:03,360 --> 00:43:08,010
If you're not falling back on FDR, I'm not
sure pain would be particularly helpful

764
00:43:08,010 --> 00:43:09,780
here, or even Madison or Jefferson.

765
00:43:09,780 --> 00:43:11,760
Where's the model in American history who?

766
00:43:12,495 --> 00:43:16,845
Who addressed this issue in a way
that you think we can learn from?

767
00:43:16,845 --> 00:43:19,694
Or is it so new that we're
gonna need to invent new

768
00:43:19,694 --> 00:43:21,615
political ideas and politicians?

769
00:43:22,245 --> 00:43:27,674
I'm not sure we'll need new political
ideas as much as, uh, retooling the ideas

770
00:43:27,674 --> 00:43:29,174
we had at the beginning of the revolution.

771
00:43:29,174 --> 00:43:34,515
We have a system that is designed to
deal with these types of pressures, but

772
00:43:34,634 --> 00:43:38,805
we are going to have a mix of social
programs, things like a living wage.

773
00:43:39,254 --> 00:43:40,575
Uh, we're gonna have to be nimble.

774
00:43:40,840 --> 00:43:44,830
Uh, it means that we're gonna have to
accept that many industries are going

775
00:43:44,830 --> 00:43:48,010
to be robotic, uh, or changed by ai.

776
00:43:48,340 --> 00:43:52,030
Uh, we are going to have to try
to encourage people to go into

777
00:43:52,030 --> 00:43:54,100
those more homo centric industries.

778
00:43:54,430 --> 00:43:55,810
I think education will be, I

779
00:43:55,810 --> 00:43:57,040
say encourage, I mean.

780
00:43:57,600 --> 00:43:58,950
What, what exactly does that mean?

781
00:43:58,979 --> 00:44:00,149
Are they being paid to do it?

782
00:44:00,149 --> 00:44:01,410
Are they being forced to do it?

783
00:44:01,680 --> 00:44:05,700
No, it's to the degree that the
government favors new industries.

784
00:44:05,700 --> 00:44:10,200
It should be, in fact, new industries,
not subsidizing, failing industries.

785
00:44:10,560 --> 00:44:13,680
Uh, but also there's a lot of
education that the government can

786
00:44:13,680 --> 00:44:17,520
help here and directing people
who are, who want to be employed.

787
00:44:18,435 --> 00:44:22,035
Into areas where there is greater
potential for that employment.

788
00:44:22,365 --> 00:44:25,305
What you don't want is to have
this sort of past dependence

789
00:44:25,305 --> 00:44:28,935
where you have people training for
jobs that simply won't be there.

790
00:44:28,995 --> 00:44:29,325
Right.

791
00:44:29,325 --> 00:44:29,985
They, excuse me.

792
00:44:30,915 --> 00:44:35,205
I mean, if you are, you know, training
to be a radiologist today, I'm

793
00:44:35,205 --> 00:44:36,795
afraid that's a bit of a mistake.

794
00:44:37,125 --> 00:44:38,325
Uh, and you have to,

795
00:44:38,325 --> 00:44:40,155
well, their government never really knows.

796
00:44:40,155 --> 00:44:40,890
I mean, who knows whether.

797
00:44:42,255 --> 00:44:47,955
Radiologists or lawyers or engineers or
politicians or law professors, uh, it

798
00:44:47,955 --> 00:44:54,375
sounds to me, Jonathan f finally, that
your ideal state, I know you're not a

799
00:44:54,375 --> 00:45:01,065
big fan of the eu, but there is a kind
of technocratic, enlightenment, fantasy

800
00:45:01,065 --> 00:45:05,235
that you have of government may not be
quite the eu, but it's Danish or German

801
00:45:05,235 --> 00:45:07,515
smart state trying to push people into.

802
00:45:08,355 --> 00:45:13,299
Industries that are relevant for the
future rather than the past, certainly.

803
00:45:14,055 --> 00:45:15,285
Not a MAGA person.

804
00:45:15,285 --> 00:45:19,455
You're not a, a Nostalgist, but is
there a, a kind of government, maybe

805
00:45:19,455 --> 00:45:24,555
the, the Chinese or the Korean or
the Danish that, that, that suits

806
00:45:24,555 --> 00:45:26,865
your, your vision of the future?

807
00:45:27,075 --> 00:45:28,635
Who gets who's getting it right?

808
00:45:29,235 --> 00:45:33,255
I actually think the American Republic
actually offers the best structure here.

809
00:45:33,625 --> 00:45:36,445
And, um, I don't think it's
just the government's job.

810
00:45:36,445 --> 00:45:40,345
When I talk about educating people,
it's going to be a job of society.

811
00:45:40,345 --> 00:45:46,735
It's gonna be our trying to direct these
discussions, uh, into areas where people

812
00:45:46,735 --> 00:45:49,375
can be productive, can be self-expressive.

813
00:45:49,765 --> 00:45:51,625
The EU is not the model.

814
00:45:51,625 --> 00:45:55,990
In fact, the book goes into how
all rights like politics are local.

815
00:45:56,370 --> 00:46:01,680
And we have to support, uh, the sort
of decentralization of politics.

816
00:46:01,680 --> 00:46:05,160
It's the centralization of power
that I'm worried about in, in groups

817
00:46:05,160 --> 00:46:08,190
like the eu because I think that
the EU is inherently unstable.

818
00:46:09,270 --> 00:46:10,230
Well, there you have it.

819
00:46:10,320 --> 00:46:11,040
Excellent.

820
00:46:11,220 --> 00:46:16,350
Uh, conversation by, uh, gw,
professor of Law in new book, rage

821
00:46:16,350 --> 00:46:19,050
in the Republic, the unfinished
story of the American Revolution.

822
00:46:19,050 --> 00:46:19,980
One thing for sure.

823
00:46:20,580 --> 00:46:23,160
It is indeed an unfinished story.

824
00:46:23,550 --> 00:46:27,390
Uh, Jonathan, uh, Turley, congratulations
on the new book, and thank you

825
00:46:27,390 --> 00:46:29,100
for a fascinating conversation.

826
00:46:29,400 --> 00:46:29,850
Well, thank you.

827
00:46:29,850 --> 00:46:30,930
I enjoyed it a great deal.

828
00:46:30,930 --> 00:46:31,890
Thanks for having me on.