TDS Time Machine | The Constitution

Summary

Summary of "TDS Time Machine | The Constitution" - The Daily Show: Ears Edition

Release Date: April 7, 2025

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Introduction

In this episode of The Daily Show: Ears Edition, hosts Trevor Noah, Michael Kosta, John Hodgman, A.J. Jacobs, and guest Delbert Hoseman engage in a comprehensive and comedic exploration of the United States Constitution. The discussion delves into historical contexts, modern interpretations, and contemporary constitutional challenges, all while interweaving humor and satire characteristic of The Daily Show.

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1. Constitutional Debate: The 14th Amendment and Birthright Citizenship

Timestamp: 00:31 - 06:01

Trevor Noah opens the discussion by highlighting the contentious national immigration debate, focusing on the 14th Amendment's provision of birthright citizenship. He humorously references fictional "anchor babies" and introduces the concept of "Terror babies" and "Muppet babies," setting a satirical tone.

Key Points:

• 14th Amendment's Intent: Originally designed to grant citizenship to newly freed slaves and their children.
• Modern Implications: Debates over dual citizenship and immigration surge stemming from this amendment.
• Historical Clarifications: Trevor Noah corrects misconceptions about the amendment's origins, noting it wasn't penned by the Founding Fathers but introduced in the 1860s.

Notable Quotes:

• John Hodgman: "The Constitution is badly broken and out of date." [02:13]
• Trevor Noah: "The founders didn't write the 14th Amendment." [01:24]

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2. Assessment of the Constitution and Original Intent

Timestamp: 06:01 - 12:07

The conversation shifts to the challenges of interpreting the Constitution's original intent in today's polarized political landscape. John Hodgman critiques the selective enforcement of constitutional provisions, while Trevor Noah expresses frustration over the perceived manipulation of constitutional principles.

Key Points:

• Selective Enforcement: Debate over adhering to the Constitution's original meaning versus modern interpretations.
• Hodgman's Satire: Suggests renaming the Constitution to "prostitution" to reflect perceived corruption in amendments [03:16].
• Frustration with Judiciary: Trevor Noah laments the judiciary's role in overriding the populace's will, citing the Supreme Court's influence [05:17].

Notable Quotes:

• Trevor Noah: "I am so sick of people taking this Constitution... running it through the shredder." [04:57]
• John Hodgman: “Let’s give the prostitution back to the people by putting it on the Internet.” [03:16]

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3. The 27th Amendment Ratification Story

Timestamp: 07:55 - 12:07

Michael Kosta introduces a segment featuring A.J. Jacobs and Gregory Watson, who recount the unusual journey of ratifying the 27th Amendment. This amendment, initially proposed in 1789, was finally ratified in 1992, showcasing the prolonged and often bureaucratic nature of constitutional amendments.

Key Points:

• Gregory Watson's Initiative: As a sophomore in 1982, Watson discovers the stalled 27th Amendment and commits to its ratification.
• Challenges Faced: Overcoming academic indifference and state legislature apathy over a decade.
• Final Success: Achieving the necessary ratifications despite initial setbacks, highlighting individual impact on constitutional processes.

Notable Quotes:

• Gregory Watson: “I pestered and I badgered and I cajoled the state legislatures over the course of 10 years, and they ratified it.” [11:35]
• A.J. Jacobs: “This whole time, I thought you'd be some Harvard law constitutional scholar... You're really just a pain in the ass.” [11:45]

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4. Contemporary Constitutional Issues and the 2020 Election Fraud Claims

Timestamp: 18:29 - 21:35

The hosts pivot to recent political controversies, specifically focusing on Elon Musk's acquisition of Twitter and the subsequent release of the "Twitter files." The discussion scrutinizes former President Donald Trump's unfounded claims of election fraud and his provocative stance on terminating the Constitution.

Key Points:

• Twitter Files Disappointment: Conservatives expected evidence of collusion but were met with trivial content regarding Hunter Biden.
• Trump's Reaction: Amplifies false claims of a "massive fraud," advocating for drastic measures like terminating the Constitution [19:15].
• Satirical Take on Political Figures: Humorous portrayals of political figures like Dick Molpus and Delbert Hoseman underscore the absurdity of the situations.

Notable Quotes:

• Trevor Noah: “Republican frontrunner for President... wants to terminate the Constitution because Twitter wouldn't allow him to see Hunter Biden's dick.” [19:53]
• Michael Kosta: “If you wanna see Hunter Biden's dick, just get a bag of cocaine like everyone else.” [20:11]

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5. Constitutional Review with A.J. Jacobs and Delbert Hoseman

Timestamp: 22:56 - 31:57

Delbert Hoseman, author of "The Year of Living Constitutionally," joins the show to discuss his journey in adhering strictly to the Constitution's original meanings. His exploration reveals the document's imperfections and the Founding Fathers' unanticipated challenges.

Key Points:

• Humanizing the Founders: Hoseman emphasizes that Founding Fathers were flawed individuals, debunking the myth of their infallibility.
• Constitutional Flaws: Highlights inconsistencies and errors within the document, such as misspellings and grammatical mistakes [24:00].
• Rights vs. Responsibilities: Contrasts the Founders' balanced view of rights and civic responsibilities with today's focus on individual liberties [28:28].
• Modern vs. Original Intent: Discusses how contemporary society misinterprets and manipulates constitutional provisions to fit current agendas [26:08].

Notable Quotes:

• Delbert Hoseman: “It is a flawed document. There are actual misspellings in the Constitution.” [24:29]
• Hoseman: “They should have had a bill of responsibilities in addition to a bill of rights.” [28:02]
• Trevor Noah: “They had a bill of responsibilities... They did not see the rigid two-party system coming.” [26:08]

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6. Humorous Interludes and Recurring Promos

Throughout the Episode

Interspersed with the main discussions are recurring humorous promos for the fictional podcast "Bone Valley Season 2," featuring Jeremy Scott and Gilbert King. These segments, while entertaining, are excluded from the core summary as per instructions to omit advertisements and non-content sections.

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Conclusion

This episode of The Daily Show: Ears Edition offers a satirical yet insightful examination of the U.S. Constitution, blending historical analysis with modern political commentary. Through witty exchanges and compelling narratives, the hosts and guests illuminate the enduring complexities and misunderstandings surrounding constitutional law, inviting listeners to reflect on the document's relevance and application in today's society.

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Notable Takeaways:

• Constitutional Flexibility: The necessity for amendments and interpretations to adapt to evolving societal norms.
• Individual Impact: Highlighted by Gregory Watson's successful ratification of the 27th Amendment, showcasing how dedicated individuals can influence constitutional change.
• Critical Perspective: Encourages listeners to critically assess both historical intentions and contemporary applications of the Constitution.

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For those interested in delving deeper, the episode recommends subscribing to related podcasts and streaming full episodes on Paramount+.

Transcript

[Jeremy Scott]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley season one.

[Gilbert King]

Every time I hear about my dad is, oh, he's a killer. He's just straight evil.

[Jeremy Scott]

I was becoming the bridge between Jeremy Scott and the son he'd never known.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott]

Listen to new episodes of bone Valley Season 2, starting April 9 on the iHeartRadio app. App, Apple Podcasts, or wherever you get your podcasts.

[Trevor Noah]

You're listening to Comedy Central. Welcome back. The national immigration debate is more contentious than ever, with growing fears of these anchor babies we talked about earlier. Terror babies, Muppet babies coming to our shores. By the way, you should check out the new Muppet character, anchor Me. Terror baby. Adorably destructive to our country. The trouble stems from the Constitution itself, specifically the 14th Amendment's promise of birthright citizenship. The 14th Amendment granted citizenship to, quote, all persons born or naturalized in the United States to protect newly freed slaves and their children and guarantee their rights as citizens.

[Michael Kosta]

Last time I checked, I don't think.

[Trevor Noah]

We'Re having that problem anymore. I don't think the founders understood when.

[Gilbert King]

They did the 14th amendment, it would.

[Trevor Noah]

Create a circumstance where people could fly into America all over the world and have a child, and that child would have dual citizenship. Okay, two things real quick. A, the founders didn't write the 14th Amendment. That happened in the 1860s. And actually, Ben Franklin very much wanted to fly and have babies all around the world. That's why he invented the sex kite. Anyway, does the Constitution need changing? For answers, we turn to John Hodgman in his segment. You're welcome. John Hodgman joins us. Thank you very much for joining us. I appreciate you being here. What is your take on the constitutional crisis?

[John Hodgman]

Well, the reality is the Constitution is badly broken and out of date. Young people in particular, never read it anymore, even though it's almost ridiculously easy to steal from the National Archives.

[Trevor Noah]

That's. Is that. That's the actual Constitution?

[John Hodgman]

Well, I believe this Fifth Amendment says I don't have to answer that question.

[Trevor Noah]

All right, I understand.

[John Hodgman]

In fact, that means it's a good one, so we're going to keep it. There we go.

[Trevor Noah]

Are you drawing on the. Okay, yes. How are you going to get young people involved in the Constitution?

[John Hodgman]

Well, let's start at the top, John. It's going to need a hip new name. Constitution. That's very negative, isn't it? Why not something a little more positive? Why not a prostitution?

[Trevor Noah]

Actually, there's one Reason I can think of that that wouldn't really be a good idea.

[John Hodgman]

Too late. I've already made the change. Which brings me to solution number two. Let's trim the fat. I mean basically everything after Amendment 10 wasn't written by the founders. So that can go.

[Trevor Noah]

Yeah, good.

[John Hodgman]

And some prominent constitutional scholars think we can go even further than that.

[Trevor Noah]

California, along with so many other states defining traditionally what marriage is. And to see that third branch of government undoing the will of the people. It's frustrating. Yeah, but the founders established the judiciary now just to abolish it because you don't agree with it.

[John Hodgman]

That seems what a few mallet wielding, brain bullied lawyers overruling the will of the people. It's undemocratic, John. And it brings me to my third solution. Let's give the prostitution back to the people by putting it on the Internet. I give you the Wiki Prostitution. It's an open source document, a marketplace of ideas where the will of the people can finally speak. It already has 6,000 new amendments and as you can see, the people in their wisdom have outlawed anchor babies, legalized marijuana, and apparently we have banned werewolves. That makes sense. Actually Team Edward is very active on the Wiki Prostitution.

[Trevor Noah]

That's a fascinating document I'm sure will stand the test of time. But it's hard to take arguments for changing the Constitution seriously when some of those same people that you're showing normally talking about how the Constitution is sacrosanct. A lot of people don't think they have to enforce the Constitution as it's written. They like to enforce it as they would like it to have been written. I am so sick of people taking this Constitution. We're running it through the shredder, everybody. Every time somebody wants to do what they want to do. It took these guys a long time. They read a lot of books and a lot of history to put the principles together in this thing.

[John Hodgman]

But wait a minute, John. That's Glenn Beck's defense of the Constitution it took a long time to write. If that's the criteria, then that screenplay about the noid that you started back in the late 80s will be the greatest document of all time.

[Trevor Noah]

Believe me, that will be a great film.

[John Hodgman]

Anyway, you didn't play Senator Sessions entire sound bite.

[Trevor Noah]

I believe the second amendment is a vital constitutional amendment. A lot of people don't think they have to enforce the Constitution as it's written.

[John Hodgman]

See John, he was only talking about the second amendment. Guns, John. Of course we can't change that clause. Look, the Founders made it Sharpie proof. I can't do anything to it, damn it. Their original intent is clear.

[Trevor Noah]

See, that's the whole thing. They talk about the sacrosanct nature of the Constitution when they like what it says, then suddenly they say, hey, that's not what the Founders meant. They don't want to do that. They want to pick and choose the parts of the Constitution that they want. That's the problem with this original intent business. We have the founders words, but no one really knows what they were thinking. And they're not monolithic to begin with.

[John Hodgman]

No one, John, or no one minus one. I should tell you that I'm a noted founding father psychologist, as you would know if you had read my book, Men are from Mars. James Madison was a godlike genius who could do no wrong. And I am the only one who knows what he was thinking.

[Trevor Noah]

Now, how could you know what James Madison was actually thinking?

[John Hodgman]

Didn't you even look at the COVID of my book, John?

[Trevor Noah]

I thought I did.

[John Hodgman]

I get it straight from James Madison's skull. What's that?

[Gregory Watson]

What?

[Trevor Noah]

John? In the unlikely event that a power wig wearing skull doesn't provide the guidance we need. Well, that's a what then?

[John Hodgman]

That's a ridiculous premise, John, but I'll play along. After all, even James Madison recognized a higher authority at work.

[Trevor Noah]

Go back to what our founders and our founding documents meant. They're quite clear that we would create law based on the God of the Bible and the Ten Commandments. See, that's what I'm talking about. The Constitution when it suits them. The Bible when it suits them makes it sound like the Constitution is an amendment. Now to the Bible.

[John Hodgman]

Yeah, a lot of people think that that's tr. That's an easily fixed misconception. If you scroll down now to new amendment 6666, I think you'll see that the Bible is now actually a prostitutional amendment. So it's all in there.

[Trevor Noah]

And what about separation of church and state, which is in the Constitution?

[John Hodgman]

What's that? What's that, Mr. President? Excuse me, What? Oh, James Madison said the separation of church and state was just their little joke.

[Trevor Noah]

Thank you very much, John Hodgman, everybody. We'll be right back. I did not.

[Michael Kosta]

Welcome back to the Daily Show. The United States Constitution, we all talk about it, but does anyone who's not Nicolas Cage really understand it? Well, Michael Kosta went looking for such a person in his new segment. Thank me later.

[A.J. Jacobs]

Hi, I'm Michael Costa. Civic activism, does it work? Can one person Make a difference. Tonight on thank Me later, we'll meet one man who did the impossible. No, not me. He changed the United States Constitution forever. I sat down with this American hero and you can thank me later. Hi there.

[Gregory Watson]

Hi.

[A.J. Jacobs]

Who are you?

[Gregory Watson]

I'm Gregory Watson. I'm responsible for the ratification of the 27th Amendment to the Federal Constitution.

[A.J. Jacobs]

That's right. This Lone Star scholar got an amendment ratified to the Constitution, like the supreme law of America Constitution as in the 1787 Founding Fathers Constitution. You're not a Founding Father. You're more like a weird uncle of the U.S. constitution.

[Gregory Watson]

Stepfather.

[A.J. Jacobs]

Oh, stepfather. So you are nice sometimes. But then sometimes you come home drunk and treat the kids crappy because they're not really yours.

[Gregory Watson]

Sometimes.

[A.J. Jacobs]

I'm very familiar with the Constitution. I'm a huge fan. Why don't you tell our viewers what the 27th Amendment is again? I'm very certain I know what it is, but go ahead.

[Gregory Watson]

It says that when members of Congress.

[A.J. Jacobs]

Congress.

[Trevor Noah]

Exactly.

[Gregory Watson]

Want to adjust their salary.

[A.J. Jacobs]

Salaries. Exactly.

[Gregory Watson]

They must wait until the next election has intervened.

[A.J. Jacobs]

Has intervened. Now for you dumb dumbs who don't care about our country, three quarters of the states are needed to ratify an amendment. So how did this egghead get it done?

[Gregory Watson]

It all started in 1982 with a college paper that I wrote. I found a book in the library that showed amendments that Congress had approved, but which not enough state legislatures had ratified. And I found this one from 1789.

[A.J. Jacobs]

Wait, wait, wait. You're an undergrad.

[Gregory Watson]

Yes. A sophomore.

[A.J. Jacobs]

You're a sophomore who realized that this amendment, which was introduced in 1789, was still available to be ratified?

[Gregory Watson]

Yes. March of 1982. During spring break.

[A.J. Jacobs]

During spring break.

[Delbert Hoseman]

Spring break.

[A.J. Jacobs]

Nolan, when I'm at the wet T shirt contest in Cancun, you're realizing that an amendment can still be ratified in the U.S. constitution?

[Trevor Noah]

Yes. Yes.

[A.J. Jacobs]

So you write this paper.

[Gregory Watson]

Yes. I turn it in to the TA and get it back a few days later with a C on it.

[A.J. Jacobs]

With a C?

[Gregory Watson]

A C. And I appealed the grade up to the professor. She said she'd take a look at it. And when she came back a few days later, she saw me sitting in the aisle and she physically tossed it at me and said, no change. I decided right then and there I'm going to get that amendment ratified.

[John Hodgman]

Wait a minute. Are you saying that this guy actually got a constitutional amendment ratified?

[A.J. Jacobs]

John, can you just stick to the reenactment? Also, you're meant to be 19 years old, so can you act like A hot teenage.

[John Hodgman]

No, I can't.

[A.J. Jacobs]

And so what happens now?

[Gregory Watson]

Well, then I start writing those letters, pleading with members of the legislatures in those states to introduce a resolution at the state capitol to ratify the amendment. And it needed 32 states. And when Maine ratified the following year, in 1983, there was just no turning back.

[John Hodgman]

And that's the story of how Gregory Watson got up.

[A.J. Jacobs]

Oh, no, you don't have to look at the camera.

[John Hodgman]

Why are you. Why are you talking? I was just delivering my line. You're not narrating. Hang on, hang on. I'm John Hodgman. I'm still on television. Sometimes we're done.

[A.J. Jacobs]

And then what happens?

[Gregory Watson]

So I pestered and I badgered and I cajoled the state legislatures over the course of 10 years, and they ratified it.

[A.J. Jacobs]

This whole time, I thought you'd be some Harvard law constitutional scholar, lobbyist to elicit change. You're really just a pain in the ass.

[Gregory Watson]

Yes.

[A.J. Jacobs]

Yeah. When the 27th Amendment was finally ratified, what did they give you as a sign of respect for your work?

[Gregory Watson]

Absolutely nothing.

[A.J. Jacobs]

You didn't get a thank you card from.

[Gregory Watson]

No thank you card from anyone.

[A.J. Jacobs]

Man, I was afraid I was gonna hear a sad, depressing story like that. Which is why I made this for you, Gregory Watson. This is a trophy commemorating you on getting the 27th amendment ratified.

[Gregory Watson]

Beautiful. I shall treasure it for all time.

[Jeremy Scott]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley Season one.

[Trevor Noah]

I just knew him as a kid.

[Jeremy Scott]

Long, silent voices from his past came.

[Gilbert King]

Forward, and he was just staring at me.

[Jeremy Scott]

And they had secrets of their own to share.

[Gilbert King]

Gilbert King. I'm the son of Jeremy Lynn Scott.

[Jeremy Scott]

I was no longer just telling the story. I was part of it.

[Gilbert King]

Every time I hear about my dad, it's, oh, he's a killer. He's just straight evil.

[Jeremy Scott]

I was becoming the bridge between a killer and the son he'd never known.

[Gilbert King]

If the cops and everything would have done their job properly, my dad would have been in jail. I would have never existed.

[Jeremy Scott]

I never expected to find myself in this place. Now I need to tell you how I got here.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott]

Bone Valley Season 2 Jeremy.

[Gilbert King]

Jeremy, I want to tell you something.

[Jeremy Scott]

Listen to new episodes of bone Valley Season 2 starting April 9 on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts. And to hear the entire new season ad free with exclusive content starting April 9th. Subscribe to Lava for Good plus on Apple Podcasts.

[Trevor Noah]

Welcome back. As you know, America is like a boy band. Yes, that is the premise we are starting with. Each of our 50 states has a distinct personality. We've got the cute one, We've got the rebel who rides a Harley with no helmet. We've got the one that pretty sure has a drug problem. But the thing about these states reputations is they're hard to change. It makes you feel bad for someplace like Mississippi, which every time it opens its mouth, you know, because of its reputation, you're like, please don't say the N word. Please don't say the N word. Please don't say the N word. Why has that state had such a tough time shaking its rep for bad race relations? For insight, let's look back at a classic episode of the Daily show. In tonight's segment, 19th Century News. Hello, greetings and salutations. My name is Jon Stewart, and given the times, I'm obviously neither Jewish nor television. Our top story this day in 1865 is that the state of Georgia has voted to ratify. We had over the shoulders in 1865, the state of Georgia has voted to ratify the 13th amendment. Oh, delightful. Being the 27th state to so vote. The amendment is nationally adopted and slavery is abolished in these United States. Oh, bully. Of course, there still remain a few stragglers who've yet to ratify the amendment. I'm looking at you, Magnolia State. I mean, those square leaders in Georgia ratified it. How much longer are you gonna wait? 148 years. I mean, that'd be ridiculous, wouldn't it?

[Michael Kosta]

After 148 years, the state of Mississippi has finally ratified the 13th amendment.

[Trevor Noah]

And. And that's why. That was unpleasant. But that's why Mississippi can't shake its rep for bad race relations. So Mississippi, two things on the recent ratification. First, better late than never. And second, this is pretty late. Why the sudden ratification? It's all thanks to Steven Spielberg's film Lincoln. After watching the movie, two men discovered Mississippi was the last state which had not officially ratified the 13th Amendment, which abolished slavery. And then Mississippi went to see Django Unchained and tried to take the ratification back. Look, Lincoln or no Lincoln, how are you just getting to this now? Didn't the release of Mississippi Burning push to revisit the issue in any way? I mean, to be fair, the state had already taken steps towards banning the controversial practice of people owning other people.

[Michael Kosta]

The Mississippi's legislature did sign on in 1995, but did not file the proper paperwork.

[Trevor Noah]

Oh, red tape. They Tried to ratify the 13th Amendment all the way back in 1995, inspired no doubt by that year's blockbuster, I know what you did 130 summers ago. And then there was obviously the 18 year long paperwork malfunction. By the way, what did happen with the paperwork? Their former Secretary of State Dick Malpus failed to send a copy of the resolution to the federal registrar. Classic Dick Malpus. I'm sure he meant to file the paperwork properly. In fact, here's my impression of him mailing Mississippi's 13th Amendment ratification to the federal registrar. I'm so glad that we did this. That's really nice. Let me just put this in the mailbox. I imagine that will get there too. Sweet. So who cleaned up the mess left by former Mississippi Secretary of State Dick Molpus? The current Mississippi Secretary of State, Delbert Hoseman. Delbert Hoseman cleaned up for Dick Mopus, huh? Can't wait for next year's Mississippi Secretary of State race between Smirt Nickeldom and cleavage Stickbutt. We'll be right back.

[Michael Kosta]

Starting with Twitter. It's what Elon Musk bought for his midlife crisis instead of a Lamborghini. Over the weekend, Elon released the so called Twitter files, which many conservatives had hoped would prove that Twitter colluded with Democrats to censor news about Hunter Biden's laptop during the 2020 election. Instead, they mostly just showed the Biden campaign asking Twitter to take down nude photos of Hunter Biden. So yeah, sorry everyone, if you wanna see naked people, you've gotta go to to every other website on the Internet, I guess. So the Twitter files turned out to be a major letdown for conservatives.

[John Hodgman]

Right?

[Michael Kosta]

There was no proof of a conspiracy to help defeat Donald Trump. But you know who doesn't care about any of that? Donald Trump.

[Trevor Noah]

Former President Donald Trump's false claims about the 2020 election now have him calling for the Constitution to be terminated with the revelation of massive and widespread fraud and deception. In working closely with big tech companies, the DNC and the Democratic Party, do you throw the presidential election results of 2020 out and declare the rightful winner.

[Michael Kosta]

Or do you have a new election?

[Trevor Noah]

A massive fraud of this type and magnitude allows for the termination of all rules, regulations and articles, even those found in the Constitution.

[Michael Kosta]

Yeah, that's right. The Republican frontrunner for President of the United States wants to terminate the Constitution because Twitter wouldn't allow him to see Hunter Biden's dick. Yeah, he's like, I wanna see the peepee.

[Delbert Hoseman]

I wanna see it. I wanna see what I'm dealing with.

[Michael Kosta]

If you wanna see Hunter Biden's dick, just get a bag of cocaine like everyone else. Mr. President, also, why is this still news? Can anyone tell me, like, why is this still even a headline? Donald Trump thinks this undermines the election. He thinks that about everything.

[Trevor Noah]

Everything.

[Michael Kosta]

However the math equation starts, his answer is always the same, doesn't matter where. Like, a waiter could come up, like, I'm sorry, sir, the kitchen says we've run out of the Mickey Mouse pancakes. This is the last straw. We need to redo the election. We do have the Donald Duck waffles.

[Delbert Hoseman]

It's too late.

[Michael Kosta]

I'm storming the Capitol. I'll have those to go, please. And look, I get that Trump doesn't like to lose, but my man, 2020 is. You've got to move on. You know, Trump is like one of those guys who never stops trying to get back with his ex.

[Gregory Watson]

Like, he's.

[Michael Kosta]

He's texting her years later, like, hey, you up? And she's like, yeah, I'm up with my kids from my marriage. He's like, oh, still playing hard to get, huh?

[Trevor Noah]

I like that. I like that.

[Michael Kosta]

But honestly, though, what a. What a start to the Trump 2024 campaign. First he had dinner with Nazi lovers, now he's calling to scrap the Constitution. What's next? Was he gonna give the Lincoln Memorial enormous boobs, and still the GOP's gonna come out like, Well, I personally would have gone with a tasteful recup, but I think President Trump's heart is in the right place.

[Jeremy Scott]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley season one.

[Trevor Noah]

I just knew him as a kid.

[Jeremy Scott]

Long, silent voices from his past came.

[Trevor Noah]

Forward, and he was just staring at me.

[Jeremy Scott]

And they had secrets of their own to share.

[Gilbert King]

I'm Gilbert King. I'm the son of Jeremy Lynn Scott.

[Jeremy Scott]

I was no longer just telling the story. I was part of it.

[Gilbert King]

Every time I hear about my dad, it's, oh, he's a killer. He's just straight evil.

[Jeremy Scott]

I was becoming the bridge between a killer and. And the son he'd never known.

[Gilbert King]

If the cops and everything would have done their job properly, my dad would have been in jail. I would have never existed.

[Jeremy Scott]

I never expected to find myself in this place. Now I need to tell you how I got here.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott]

Bone Valley Season 2 Jeremy.

[Gilbert King]

Jeremy, I want to tell you something.

[Jeremy Scott]

Listen to new episodes of bone Valley Season 2, starting April 9. On the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts and to hear the entire new season ad free with exclusive content starting April 9th. Subscribe to Lava for Good plus on Apple Podcasts.

[Trevor Noah]

Welcome back to the Daily Show. My guest tonight, a journalist and an author. His latest book is called the Year of Living Constitution Constitutionally. One Man's Humble Quest to Follow the Constitution's Original meaning. Please welcome to the program. A.J. jacobs. Sir, you don't have to run. Young man. Pleased to see you. Thank you.

[Delbert Hoseman]

Thank you.

[Trevor Noah]

The Year of living constitutionally. A.J. what? So how did the Year of Living Constitutionally. A Humble to follow the Constitution of freedom. How did this come about? Why would you consider this?

[Delbert Hoseman]

Well, first of all, thank you and good morrow, of course.

[Trevor Noah]

Is that a constitutional greeting?

[Delbert Hoseman]

Yes, absolutely.

[Trevor Noah]

All right, fair enough.

[Delbert Hoseman]

And this came about because I wanted to figure out what is in the Constitution. What does it actually say? And I thought it was a timely question because, as you know, our current Supreme Court thinks we should follow the original meaning from 1789.

[Trevor Noah]

Now, I haven't been watching the news. Is anything going on?

[Delbert Hoseman]

I recommend it.

[Trevor Noah]

What a terrible thing.

[Delbert Hoseman]

Yeah. So I thought, I'm going to try to figure out what that was by getting in the mindset of our founding father.

[Trevor Noah]

Now, as you go back and you revisit sort of the mindset of the founders, are you struck by how human they were? You know, we've deified them to a large extent. But when you learn about them, do you think like, oh, a couple of these guys might be idiots? Like, what was the thought?

[Delbert Hoseman]

Well, yes, the Constitution is amazing because parts of it are so inspiring. The, the preamble, 52 of the greatest words ever written about the general welfare and blessings of liberty. But then there are. It is a flawed document. There are actual misspellings in the Constitution. The word Pennsylvania is spelled two different ways, P, E N N and P, E N. So it is not perfect. And I ran the Constitution through Grammarly and Grammarly. Found it, found 600 mistakes. 600 mistakes. So it is not perfect.

[Trevor Noah]

Were the Grammarly mistakes. Did you correct it or did you think, oh, that one? No, let's pass that one. How did you. Did you dismiss the Grammarly questions?

[Delbert Hoseman]

Well, I couldn't go in and change it on the.

[Trevor Noah]

The actual document spells Pennsylvania two different ways.

[Delbert Hoseman]

That's right. And it's. And the its as actually should be an it apostrophe s. So if Ben Franklin had invented social media, they would have gotten a lot of flack for that.

[Trevor Noah]

Right.

[Delbert Hoseman]

But so it is. And they knew it was flawed. That's what's amazing. The founding fathers knew this is a flawed document. And they said, would they be surprised.

[Trevor Noah]

At how we've deified them?

[Delbert Hoseman]

I think so. I think many of them would be.

[Trevor Noah]

Now in their discussions. Did you, as you looked back and saw the discussions that they were having, My understanding is they never really thought that partisan politics would, you know, be the thing we were fighting over. They thought the branches of government would fight each other, that the executive would fight, the judicial would fight the legislative. I don't think they thought parties would try and weaponize each department against the other party.

[Delbert Hoseman]

No, they did not see this rigid two party system coming. And James Madison, he knew there were going to be factions, but he thought there were going to be lots of factions like they're going and maybe six or eight more like a European Parliament. And they would have been shocked by so much of what we have now, including the President. I bring that up because it's kind of timely.

[Trevor Noah]

And they, they were very understated in the 1700s. It is somewhat timely.

[Delbert Hoseman]

Well, they, when the idea of a single presidency came up in the convention, a lot of the delegates said, are you jesting? That is a terrible idea.

[A.J. Jacobs]

Wait.

[Trevor Noah]

They said, are you jesting?

[Delbert Hoseman]

I'm paraphrasing, I'm paraphrasing.

[Trevor Noah]

Are you jesting?

[Delbert Hoseman]

But they said, we just fought a war to get rid of a king. Why do we want another one of them said, this is the fetus of monarchy. If we do this, we should have three, three presidents. 12 presidents.

[Trevor Noah]

And almost like the Court, the presidency is more like. And the court would be similar. Not a unitary executive, not a single person.

[Delbert Hoseman]

Right. And in the end it was fought for weeks. In the end, the unitary executive won. But I have to say that fetus of monarchy common, I mean, it's not a fetus anymore. It's like a teenager.

[Trevor Noah]

Right. It is like we are 200 and some years later.

[Delbert Hoseman]

Right. It took a while, but it's here.

[Trevor Noah]

What, what do we mistake about them? You know? Now do you watch the arguments that you see about the founders intent differently? Do you, does it make you a little crazier knowing what the actual arguments were?

[Delbert Hoseman]

Oh, absolutely. I mean it was, their mindset was so different in so many ways. It was like a foreign country. And just to give you one example, their idea of rights were very different. Rights were not trump cards. Sorry about that.

[Trevor Noah]

Right. But they were, they thought there were responsibilities with them.

[Delbert Hoseman]

Exactly. They had, they should have had a bill of responsibilities in addition to a bill of rights. But they just assumed that we were all going to be part of and contribute to the betterment of our community. And you saw this all over in the first Amendment, the second Amendment. And they would be shocked by, they would be shocked by how focused we are on individual rights, which I love, I love them. But we need the balance.

[Trevor Noah]

Right. And that we've in some ways exploited those conversations to just get what we want or do what we want.

[Delbert Hoseman]

Right, exactly. And they talked about virtue. They loved that word. And this is before it had sort of a negative tinge.

[Trevor Noah]

How many of them do you think banged porn stars? How many of them do you when they talk about virtue?

[Delbert Hoseman]

Well, I talked to many constitutional scholars and I never. None of them have ever said, but.

[Trevor Noah]

What about the level of discourse? Cuz I'm always struck by, you know, even in this situation that we face now with the debate and all that, the way the gaslighting that occurs, the lack of trust in Americans instincts or ability to take complex issues and hear about them honestly. Right, but I imagine their conversations were very frank and very direct, but also sophisticated.

[Delbert Hoseman]

Absolutely. I think it was a genuine difference. I wrote this book, a lot of it, with a quill pen. And I'm not saying everyone needs to go back to a quill pen.

[Trevor Noah]

You wrote the book with a quill pen?

[Delbert Hoseman]

Yeah, because I was trying to live the Constitution. I had my musket, I carried it around New York. I wrote a quill with a quill pen.

[Trevor Noah]

Just out of curiosity, do you consider yourself a method writer? Is that what this is?

[Delbert Hoseman]

That's exactly, exactly it. I love that phrase. Thank you.

[Trevor Noah]

So you did. So it was a quill pen. And is there something about using the quill that is more deliberate and allows you to think differently?

[Delbert Hoseman]

I really believe that there were no dings and chimes from the Internet. I could actually focus and maybe come up with some subtle thoughts. And if the Constitution were written on an iPhone with emojis, that would not be good.

[Trevor Noah]

Can you imagine with the, you know, all men are created equal. Lol. It would have been a nightmare.

[Delbert Hoseman]

Nightmare. They loved cold takes, not hot takes. They were all about let's take a look at the pros and cons. And one of my favorite founding father Ben Franklin said at the Constitutional convention, he said, the older I get, the less certain I am of my own opinions, which I love. I mean. Exactly.

[Trevor Noah]

And they even. They baked it into the cake as far as they. They really thought amendments will be necessary. This has to be a document that can change with the consent of the governor.

[Delbert Hoseman]

Yes, exactly. They knew it was imperfect. They said, let's figure out ways to change it. But as you say, they didn't see this rigid two party system. Now the last amendment we had was 1992 and I mean, you had to get 2/3 of Congress to agree. You can't get 2/3 of Congress to agree on the color of a green pepper. You know, you just can't. It's impossible.

[Trevor Noah]

Yeah, because they are reddish.

[Delbert Hoseman]

That's a good point.

[Trevor Noah]

Thank you very much for being the Year of Living Constitutionally is available now. AJ Jacobs Explore more shows from the Daily show podcast universe by searching the Daily Show.

[A.J. Jacobs]

Wherever you get your podcasts, watch the Daily show weeknights at 1110 Central on Comedy Central and stream full episodes anytime.

[Trevor Noah]

On Paramount plus Paramount Podcasts.

[Jeremy Scott]

Something unexpected happened after Jeremy Scott confessed to killing Michelle Schofield in Bone Valley Season one.

[Gilbert King]

Every time I hear about my dad is, oh, he's a killer. He's just straight evil.

[Jeremy Scott]

I was becoming the bridge between Jeremy Scott and the son he'd never known.

[Gilbert King]

At the end of the day, I'm literally a son of a killer.

[Jeremy Scott]

Listen to new episodes of bone Valley Season 2, starting April 9 on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.