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Judge Napolitano - Price of Perfect Nihilism · Brian Thomas

• 0:00
  Speaker 1: Parks and the Yankees are off to a pretty good
• 0:02
  Speaker 1: start this spring training season. It's all because of the
• 0:06
  Speaker 1: hitting and pitching tips from our next guest. Now, if
• 0:10
  Speaker 1: it could just be so kind to National League teams. Hint, hint.
• 0:13
  Speaker 1: The Judge's next Chuck Ingram on fifty five KRS the
• 0:17
  Speaker 1: talk station.
• 0:19
  Speaker 2: Hey thirty if you have KCD talk station. He's brilliant.
• 0:25
  Speaker 2: He is judg Enna Paulton, apparently a batting coach as well.
• 0:27
  Speaker 2: Welcome back, judging Enna Paulton. I love having you on
• 0:30
  Speaker 2: the show, my friend.
• 0:31
  Speaker 3: Thank you, and thank you Chuck. You know I do
• 0:33
  Speaker 3: love baseball, and I'll tell you a very, very brief story.
• 0:36
  Speaker 3: When I was in basic training Fort Knox, Kentucky, nineteen seventy,
• 0:41
  Speaker 3: I managed our platoons team and we made it all
• 0:45
  Speaker 3: the way to the finals, and I loved every minute
• 0:47
  Speaker 3: of it except for the ninth inning of the last game. Oh,
• 0:53
  Speaker 3: I am a baseball fanatic, but the Yankees don't come
• 0:56
  Speaker 3: to me for tips.
• 0:58
  Speaker 2: That's great, Jeron, I didn't know you're a ballplayer. Good
• 1:00
  Speaker 2: for you. I played little league baseball until I started swimming,
• 1:03
  Speaker 2: and then I was in the pool for what seemed
• 1:05
  Speaker 2: like literally decades of my childhood. I have bad reminders
• 1:09
  Speaker 2: of swimming Baya.
• 1:11
  Speaker 3: My father, may he rest in peace, was a super
• 1:13
  Speaker 3: jock and made his three boys about asthletic as athletic
• 1:19
  Speaker 3: as we could be. My two brothers better athletes than I.
• 1:22
  Speaker 2: Well, you know, I guess you came from a kind
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  Speaker 2: of family. My dad was a jock when he was
• 1:26
  Speaker 2: a kid, and a great baseball player, and I think
• 1:29
  Speaker 2: I disappointed him to no end because I didn't take
• 1:31
  Speaker 2: the baseball like he did, and I never took to
• 1:34
  Speaker 2: golf like he did. My dad loved the game of
• 1:37
  Speaker 2: golf anyway, my late father I loved.
• 1:39
  Speaker 3: My dad played four days a week until he was
• 1:44
  Speaker 3: eighty two years old.
• 1:46
  Speaker 2: You know what that sounds remarkably like my dad, because
• 1:49
  Speaker 2: my dad hosted the morning show for forty well, he
• 1:52
  Speaker 2: was on radio for about forty six or forty eight years.
• 1:54
  Speaker 2: In the last thirty years was the morning show here
• 1:57
  Speaker 2: in Cincinnati, off the radio at nine like I am,
• 2:00
  Speaker 2: and then straight to the golf course almost every single
• 2:03
  Speaker 2: day of the week, with the exception of Mondays when
• 2:05
  Speaker 2: the club was closed. So there you have it. He
• 2:08
  Speaker 2: and his buddy, a pathologist whose patients weren't waiting for
• 2:12
  Speaker 2: him in a lobby if you know what I mean.
• 2:14
  Speaker 2: Used to have like it was who paid the most
• 2:16
  Speaker 2: games of golf at the club every year, and it
• 2:18
  Speaker 2: was either the pathologist or my dad. So benefits of
• 2:21
  Speaker 2: the morning show. It sucks having to go to bed early.
• 2:24
  Speaker 2: Pivoting over real quick? Here can I get a comment
• 2:28
  Speaker 2: or two from me on Tariff's the Supreme Court and
• 2:30
  Speaker 2: using the major questions document a doctrine which was a
• 2:33
  Speaker 2: major victor. I believe it was US versus or West
• 2:35
  Speaker 2: Virginia versus EPA where we got that brilliant decision. You know,
• 2:39
  Speaker 2: if it wasn't specifically addressed by Congress, if it's not
• 2:42
  Speaker 2: specifically identified in the law, then and if it evolves
• 2:45
  Speaker 2: something as big and as consequential as taxes or tariffs,
• 2:49
  Speaker 2: no reference to it means they intentionally left it out.
• 2:52
  Speaker 2: It is a major question that would have been had
• 2:54
  Speaker 2: they intended to be in the law. It isn't there ergo,
• 2:58
  Speaker 2: the tariffs are beyond the scope of the presidency. That's
• 3:01
  Speaker 2: how I understand the Supreme Court's reading. Although the dissent
• 3:04
  Speaker 2: kind of wanted to create a carve out to the
• 3:06
  Speaker 2: major Questions doctrine.
• 3:08
  Speaker 3: Well, I agree with the outcome, and I agree that
• 3:11
  Speaker 3: you have, as always accurately articulated the major question doctrine.
• 3:17
  Speaker 3: If the Congress is going to authorize the president to
• 3:21
  Speaker 3: do something which is ordinarily in Congress's barely what they
• 3:26
  Speaker 3: may do, so they must do so with the precision
• 3:29
  Speaker 3: and certainty. However, I would while I would have agreed
• 3:33
  Speaker 3: with the outcome, I would have written a different opinion.
• 3:36
  Speaker 3: I would have argued, consistent with a long line of
• 3:40
  Speaker 3: Supreme Court cases, that there are areas of congressional authority
• 3:44
  Speaker 3: which it cannot convey a way to the president, and
• 3:48
  Speaker 3: those are its core responsibilities under the Constitution, and none
• 3:54
  Speaker 3: is more core than raising and setting taxes. Why do
• 3:57
  Speaker 3: I say that, If you go to Article one, Section eight,
• 4:01
  Speaker 3: paragraph one, the very first power given to Congress is
• 4:06
  Speaker 3: to raise and set taxes. It cannot be delegated away period.
• 4:12
  Speaker 2: I'm glad you brought that part up, because that takes
• 4:14
  Speaker 2: me all the way back to I believe it was
• 4:15
  Speaker 2: the Reagan era where they gave him the line item veto,
• 4:18
  Speaker 2: and the Supreme Court found that to be unconstitutional delegation
• 4:21
  Speaker 2: of the authority in their power.
• 4:22
  Speaker 1: Correct.
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  Speaker 3: I wish the president had that authority, we might not
• 4:26
  Speaker 3: have a thirty eight trillion in debt today. But it's
• 4:29
  Speaker 3: not in the Constitution. He doesn't have it. The Congress
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  Speaker 3: can no more give the president the power to tax
• 4:36
  Speaker 3: than he could give the Chief Justice the power to
• 4:39
  Speaker 3: be Commander in chief of the armed forces. You just
• 4:41
  Speaker 3: can't be trading powers like that. It violates the Constitution.
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  Speaker 3: It reduces the power of the sending branch beyond and
• 4:52
  Speaker 3: increases the power of the receiving branch beyond what the
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  Speaker 3: Framers wanted. And it's detriment meant to personal freedom. If
• 5:01
  Speaker 3: the president gets mad at some foreign entity because they
• 5:05
  Speaker 3: ran and ad on their television stations that he didn't
• 5:09
  Speaker 3: like Ontario, Canada, he can punish them by taxing Americans.
• 5:14
  Speaker 3: That is so far afield from the Constitution it's barely
• 5:18
  Speaker 3: merits a serious conversation.
• 5:19
  Speaker 2: Well, so I'm happy.
• 5:21
  Speaker 3: I'm happy with the outcome, but I am not happy
• 5:24
  Speaker 3: with the reasoning that got us there in terms of justice.
• 5:29
  Speaker 3: At Kavanaugh's dissent, he proves yet again why he doesn't
• 5:32
  Speaker 3: belong on the Supreme Court.
• 5:33
  Speaker 2: Wow, and then allows me to pivot over. Could Congress
• 5:37
  Speaker 2: delegate the power to declare war, something I alluded to
• 5:40
  Speaker 2: in my comment to you back with the email. I
• 5:43
  Speaker 2: keep hearing and we all know we have massive build
• 5:46
  Speaker 2: ups of military near the near Iran, multiple carrier groups,
• 5:49
  Speaker 2: We've got all kinds of hardware over the Middle East. Generally,
• 5:52
  Speaker 2: Donald Trump is threatening war. It is just a direct statement.
• 5:55
  Speaker 2: It is the stick that he's holding in order to
• 5:57
  Speaker 2: negotiate foreign policy. But he doesn't have the power to
• 6:01
  Speaker 2: declare war. If Congress gave him authorization, that will be
• 6:06
  Speaker 2: one thing, require congressional action, But can Congress And their
• 6:10
  Speaker 2: silence seems almost like an abdication of their soul responsibility.
• 6:16
  Speaker 2: I haven't heard even Democrats screaming about he doesn't have
• 6:19
  Speaker 2: the ability to launch a missile on this to start
• 6:22
  Speaker 2: a war, So could they delegate that?
• 6:24
  Speaker 3: He claimed? He claimed. The President claimed what I call
• 6:29
  Speaker 3: the kidnapping of President Maduro of Venezuela was a law
• 6:34
  Speaker 3: enforcement function because Maduro had been indicted and was escaping justice,
• 6:39
  Speaker 3: a real stretch, and for that reason, he didn't need
• 6:43
  Speaker 3: congressional authority. He can't claim that now he has between
• 6:47
  Speaker 3: one third and one half of the United States Navy
• 6:51
  Speaker 3: in two spots outside of Iran, to the south of
• 6:57
  Speaker 3: it and to the west of it. If he invades Iran,
• 7:02
  Speaker 3: he will absolutely need congressional authorization. You're right, Congress is silent.
• 7:08
  Speaker 3: Congress is not living up to its obligations. Another silly example.
• 7:13
  Speaker 3: I was interviewing the late Great Harlem Congressman Charlie Wrangle.
• 7:17
  Speaker 3: He used the talk about Yes, he was a real character.
• 7:19
  Speaker 3: He was on my show on Fox News when we
• 7:22
  Speaker 3: learned in the middle of the show that President Obama
• 7:26
  Speaker 3: had bombed Libya. I looked at Congressman Wrangle and I said,
• 7:31
  Speaker 3: was there a declaration of war that I missed? And
• 7:33
  Speaker 3: I would imitate his voice, it was so scratchy. He said, oh, no,
• 7:38
  Speaker 3: we're happy to look the other way. If the bombing succeeds,
• 7:43
  Speaker 3: will take credit. If it doesn't succeed, we'll blame the president.
• 7:47
  Speaker 3: That's the attitude of members of Congress, and that attitude
• 7:52
  Speaker 3: is a rejection of their responsibilities under the Constitution.
• 7:57
  Speaker 2: Amen, that's exactly what I was hoping you you very
• 8:00
  Speaker 2: strong on, and I'm glad you brought up that as
• 8:02
  Speaker 2: an illustration, because that seems to be the current point
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  Speaker 2: with the Democrats. We'll let him get in trouble. If
• 8:06
  Speaker 2: it's trouble, we're gonna make fun of him, We're going
• 8:08
  Speaker 2: to accuse him, we're going to use it to our
• 8:09
  Speaker 2: advantage in the elections. Whatever. But if it's successful, well
• 8:14
  Speaker 2: maybe they'll have to give him credit for it. If
• 8:15
  Speaker 2: it's successful, your honor, I can't see that happening any day.
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  Speaker 3: I don't see that happening. But what would success be?
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  Speaker 3: What right do we have to change the regime of
• 8:24
  Speaker 3: another country just because Benjamin Netsannaho wants us to do it.
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  Speaker 3: They haven't had nuclear weapons there since two thousand and three.
• 8:32
  Speaker 3: If you don't believe me, would you believe Telsea Gabbard
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  Speaker 3: because she testified to that under oath a year ago.
• 8:39
  Speaker 2: To Genita Paul title, I love our conversations, gets the
• 8:42
  Speaker 2: juices of intellect flowing anyway, and quite often flies in
• 8:46
  Speaker 2: the face of what some listeners want to hear. But
• 8:48
  Speaker 2: that's okay. That's why we have you on to make
• 8:50
  Speaker 2: those intellectual juices flow and make you think about it
• 8:52
  Speaker 2: from a constitutional perspective anyway. We have you to rely
• 8:55
  Speaker 2: on for that man who still respects the Constitution and
• 8:58
  Speaker 2: explains it every week here in the fifty five kas
• 9:00
  Speaker 2: morning Show. Speaking of speaking with who's on your program today,
• 9:02
  Speaker 2: Judging Freedom, Judge Napolitano.
• 9:05
  Speaker 3: I have Jeff Sachs later today, Professor Sachs, and my
• 9:10
  Speaker 3: two colonels, Colonel Wilkerson and Larry Wilkerson and Doug McGregor tomorrow.
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  Speaker 3: It's a very very dramatic time because we don't know
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  Speaker 3: how close the president is to pulling the trigger. I
• 9:24
  Speaker 3: think he's painted himself into a corner. The government is
• 9:27
  Speaker 3: spending billions a day supporting all those enaval all that
• 9:33
  Speaker 3: naval apparatus and people there. If he doesn't use it,
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  Speaker 3: he's going to be humiliated. If he does use it
• 9:39
  Speaker 3: and he doesn't achieve his goal, he's going to be humiliated.
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  Speaker 3: He's boxed himself into a corner.
• 9:43
  Speaker 2: Yeah, I agree with you on that one. Love it
• 9:45
  Speaker 2: or hate it, it's where we are right now, and
• 9:47
  Speaker 2: it's frightening. Judge Napolitano. Every week on Judging Freedom. Find
• 9:51
  Speaker 2: his podcast wherever you get your podcasts, and tune in
• 9:53
  Speaker 2: every Wednesday at eight thirty here in the fifty five
• 9:56
  Speaker 2: Cars Morning Show until next week. My friend, God bless you, sir,