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Judge Napolitano · Brian Thomas

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  Speaker 1: It's stay weekend, and our next guest is celebrating America's
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  Speaker 1: two hundred and fiftieth birthday with the world's biggest fireworks
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  Speaker 1: to spike in his front yard. The show features eco
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  Speaker 1: friendly bottle rockets, no noise, Roman candles, and a drone
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  Speaker 1: with sparklers that if you squint you can see a
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  Speaker 1: profile of Brian Thomas. Their show's nightly through Saturday. The
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  Speaker 1: Judges next Chuck Ingram on fifty five KRC the talk station.
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  Speaker 2: Thirty one fifty five KRE City Talks the Yeah he's
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  Speaker 2: goofy sometimes, Brian Thomas always pleased. This moment in time
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  Speaker 2: eight thirty on a Wednesday means Judge added apolotand to
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  Speaker 2: welcome back, You're honor pleasure to have you back on.
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  Speaker 3: Thank you, Brian, good to be with you, and God
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  Speaker 3: love you.
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  Speaker 2: Joe Ingram political Yeah, Chuck is Chucks the hell of
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  Speaker 2: the guy. All Right, Sorry, I'm not gonna able to
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  Speaker 2: make that outstanding display, but I do have my own
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  Speaker 2: Independence Day celebration obligations, but have fun with all one anyway.
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  Speaker 2: Loved your column as always, which I get early, and
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  Speaker 2: I'm glad I can do that. And I just want
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  Speaker 2: to ask you to get your reaction. I think I
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  Speaker 2: know where you are, and I think you probably expect
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  Speaker 2: expected the Supreme Court's decision regarding rejecting Donald Trump's effort
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  Speaker 2: to curtail birthright citizenship fourteenth Amendment. It says what it says.
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  Speaker 2: It's been that way for a long time. I know
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  Speaker 2: a lot of my listeners are troubled by birthright citizenship,
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  Speaker 2: and conceptually, it is kind of weird that someone would
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  Speaker 2: intentionally be able to come in here into our country,
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  Speaker 2: and even illegally simply for the purpose of giving birth
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  Speaker 2: to establish citizenship for their child. And it's widely documented
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  Speaker 2: that the Chinese Communist Party has people doing this all
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  Speaker 2: the time. But is there in the face of the
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  Speaker 2: decision which says, no, you're born here, you are a citizen.
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  Speaker 2: I understand we could amend the Constitution if we wanted
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  Speaker 2: to change that. Obviously, the odds are overwhelmingly against that happening,
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  Speaker 2: given the amount of the numbers of people in Congress
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  Speaker 2: would have to prove that idea. But is there anything
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  Speaker 2: by way of legislation that could be done to address
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  Speaker 2: part of or maybe even all of this issue? Because
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  Speaker 2: I know Brett Kavanaugh suggested that the Constitution gives Congress
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  Speaker 2: latitude to add new exceptions for the purpose of dealing
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  Speaker 2: with modern illegal immigration, and he says Congress has not
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  Speaker 2: yet done so. Now none of the other justices grabbed
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  Speaker 2: onto that in the majority opinion. But is there anything
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  Speaker 2: Congress could do to address, maybe even just the tourism
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  Speaker 2: birthright citizenship problem.
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  Speaker 4: If you had asked me that two days ago, the
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  Speaker 4: answer would have been yes, But today the answer is no.
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  Speaker 4: I mean, I happen to think that Justice at Kavanaugh's
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  Speaker 4: suggestion was actually a way to address this more narrowly
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  Speaker 4: than the Court did by leaving these public policy issues
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  Speaker 4: up to the legislative branch where they belonged. But the
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  Speaker 4: Chief Justice's opinion, Brian was so broad, expans of so deep,
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  Speaker 4: was two hundred pages long. There is no wiggle room whatsoever.
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  Speaker 4: So even though the President was very frustrated with this,
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  Speaker 4: and I understand that he's trying to build a new
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  Speaker 4: architecture of immigration law in the United States and he's
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  Speaker 4: not getting any help from the Congress, and this was
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  Speaker 4: one of the pillars of that architecture, So I understand
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  Speaker 4: his frustration. However, his statement that Congress could rectify this
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  Speaker 4: is erroneous under the opinion of Congress wrote anything on this.
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  Speaker 4: The first federal judge to look at it what invalidated
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  Speaker 4: based on the John Roberts' opinion.
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  Speaker 2: Fair enough, which leads us to the conclusion that the
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  Speaker 2: only way to stop this birthright citizenship is literally to
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  Speaker 2: amend the Constitution or the fourteenth Amendment right, which.
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  Speaker 4: As you say, is impractical to the point of impossible.
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  Speaker 2: Well, it was designed intentionally that way, wasn't it. Yes, yes,
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  Speaker 2: it was, well, which allows me a little maybe a
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  Speaker 2: nice pivot, but at least a pivot over to your column,
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  Speaker 2: which I'm lucky to get, which is the founding fathers
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  Speaker 2: and their efforts to keep the federal government limited, which
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  Speaker 2: the Constitution purports to try to do. And you know,
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  Speaker 2: all powers not specifically expressed, and the Constitution remained with
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  Speaker 2: the states, and all that's well, But you used an
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  Speaker 2: illustration that anybody my age remembers, because I was nineteen
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  Speaker 2: at the time the federal highway money was pulled from
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  Speaker 2: the state of Ohio because we wouldn't change the drinking
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  Speaker 2: age of twenty one. Ohio has its own right to
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  Speaker 2: choose what the drinking age is in the state, but
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  Speaker 2: the federal government, for whatever reason it chose, wanted everyone
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  Speaker 2: to have a twenty one year old driving age, and
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  Speaker 2: so they have money, and they said, if you do
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  Speaker 2: not change your drinking age of twenty one, then you're
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  Speaker 2: not going to get the money. That is the most
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  Speaker 2: nefarious element of federal government from my standpoint, because it
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  Speaker 2: allowed them to expand and grow and intrude into our lives.
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  Speaker 2: Because well, states need that damn federal money that was
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  Speaker 2: taken from the states in the form of taxes.
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  Speaker 4: You know, I once called this bribery from the bench
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  Speaker 4: and was admonished by the appellate court. It's not bribery.
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  Speaker 4: It's the way the federal system works. It is bribery.
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  Speaker 4: Is so you go to the legislature in Ohio and say,
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  Speaker 4: here's one hundred million dollars to spend however you want.
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  Speaker 4: If you enact the following legislation, lower speed limits, raise
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  Speaker 4: the drinking age, lower the butt alcohol content in people's
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  Speaker 4: veins before they can be considered drunk driving, you'd be
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  Speaker 4: arrested for attempted bribery. But not when the Congress does it.
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  Speaker 4: The Congress does it all the time, and that's how
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  Speaker 4: they've managed to extend federal power into areas nowhere authorized
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  Speaker 4: by the Constitution, like speed limits and.
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  Speaker 2: Booze, speed limits and booze and literally everything else. And
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  Speaker 2: you know the nice thing that you also reminded by
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  Speaker 2: listeners of anybody who reads a column, which I'll encourage
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  Speaker 2: them to do, Woodrow Wilson, and how devastating he was
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  Speaker 2: to the notion of our freedoms and liberties and the
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  Speaker 2: limits of the constitution. Federal Reserve is one of them.
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  Speaker 2: You went on about, and well, the government by experts,
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  Speaker 2: the scientific consensus, I guess with regard to COVID and
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  Speaker 2: other things came from that, and global warming experts can
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  Speaker 2: tell us what to do, and the popular electionist senators.
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  Speaker 4: This is what happens when you elect a former professor
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  Speaker 4: of constitutional law to the presidency. He's been thinking about
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  Speaker 4: this stuff all of his adult life, and he thinks
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  Speaker 4: he knows what's better for prosperity, not for a freedom.
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  Speaker 4: So he really set I don't think we would have
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  Speaker 4: had an FDR and a new Deal had it not
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  Speaker 4: been preceded by Woodrow Wilson. He really set the vector
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  Speaker 4: domestically towards unbelievable growth with the income tax and with
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  Speaker 4: the printing cash in those days, literally printing cash that
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  Speaker 4: the Federal Reserve did. And he changed the vector foreign
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  Speaker 4: policy wise by getting us involved in a war that
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  Speaker 4: didn't affect us at all. It was just a battle
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  Speaker 4: between the old remnants of royalty in Europe called World
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  Speaker 4: War One at the time called the Great War. So
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  Speaker 4: Wilson really ran rough shot over the Constitution, to say
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  Speaker 4: nothing of amending it to permit the income tax and
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  Speaker 4: amending it so that the Senate is popularly elected.
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  Speaker 3: And people are going to think I'm crazy.
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  Speaker 4: You don't like the Senate popularly elected. Well, it's not
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  Speaker 4: that I don't like it, but Madison and company intentionally
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  Speaker 4: wanted the Senate to represent the states as states, and
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  Speaker 4: therefore state legislatures.
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  Speaker 3: Enacted the Senate.
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  Speaker 4: You didn't like Obamacare, we wouldn't have had it because
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  Speaker 4: twenty six state legislatures condemned it, and the senators they
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  Speaker 4: sent whatuld have voted against it.
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  Speaker 2: Great point, and it is a profoundly great point because
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  Speaker 2: everyone loses sight of that, and no one ever even
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  Speaker 2: talks about senators being appointed by these state legislators. And again,
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  Speaker 2: going back to Woodrow Wilson. He really threw a monkey
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  Speaker 2: wrench and all that.
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  Speaker 4: I once wrote a column called is any part of
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  Speaker 4: the Constitution unconstitutional? And I argue that these two amendments
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  Speaker 4: sixteen changing the voting, well, sixteen is income tax and
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  Speaker 4: seventeen is changing the vote in the Senate, they both
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  Speaker 4: were unconstitutional. They would have been enaphema to Madison and company.
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  Speaker 2: Yeah, now currently rolling over in their grave. And I
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  Speaker 2: just wanted to gauge your reaction. A lot of people
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  Speaker 2: are very concerned with the direction of the country politically speaking,
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  Speaker 2: and as we fast approach our two hunred and fifteth anniversary,
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  Speaker 2: we're not going to reach two hundred and fifty one
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  Speaker 2: if all these Democrats socialists get elected. I asked you
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  Speaker 2: this the other day about they cannot with this phase
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  Speaker 2: or without directly i mean blatantly lying swear an oath
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  Speaker 2: to uphold the Constitution as elected officials because their party
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  Speaker 2: is running on a campaign to undermine core principles that
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  Speaker 2: are in the Constitution. Just your reaction to the embrace
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  Speaker 2: and the elections at least in primaries of these Democratic socialists,
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  Speaker 2: do you think this is legs? It is going somewhere
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  Speaker 2: or is this just low, highly motivated leftists showing up
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  Speaker 2: in low turnout primaries.
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  Speaker 4: Man, I hope it is. You know, they made such
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  Speaker 4: a big deal out of it here in New York
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  Speaker 4: City where these three socialists were elected to why they
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  Speaker 4: weren't elected, They were nominated by the Democratic Party to
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  Speaker 4: run for Congress and districts that always go for the Democrats.
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  Speaker 4: Fewer than sixty thousand people voted in those districts. The
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  Speaker 4: million people live there, fewer than sixty thousand voted. So
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  Speaker 4: this tells you two things. One, it's not widespread. Two,
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  Speaker 4: these people are motivated and they know how to get
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  Speaker 4: their voters to the polls far better than the other side.
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  Speaker 2: Does I take great comfort in you saying it exactly
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  Speaker 2: like that, because that's what I've been saying since this happened.
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  Speaker 2: You know, we really get seven percent turnout, and you've
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  Speaker 2: got these crazy leftists who you know, quite often maybe
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  Speaker 2: you don't even have a job, but they love the
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  Speaker 2: protest and they are motivated to turn this country the
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  Speaker 2: wrong direction. They're showing up, and if you don't show up,
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  Speaker 2: that's what you're gonna get. So thank you for doubling down.
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  Speaker 2: And echoing my sentiment, which is, get out and vote.
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  Speaker 2: You don't have to let this happen to us. We
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  Speaker 2: got one, We got a big election coming up in November.
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  Speaker 2: Judge Ennenopolitano, eight, real quick here, any reaction to the
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  Speaker 2: other cases. The transgender case attacks are the campaign case
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  Speaker 2: before we part company?
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  Speaker 4: Well, I mean the transgender case is the tenth Amendment. Health, safety, welfare,
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  Speaker 4: and morality are to be regulated by the states unless
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  Speaker 4: you consider transgenderism. I'm going to get a little in
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  Speaker 4: the weeds here to be substantive due process that is
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  Speaker 4: so intimate to the person that it requires strict scrutiny
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  Speaker 4: the court.
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  Speaker 3: The court rejected that, Well.
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  Speaker 4: What happens when a female college student in Texas goes
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  Speaker 4: to Stanford or goes to Princeton Because California and New
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  Speaker 4: Jersey permit boys who've become girls to compete against girls.
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  Speaker 4: You're going to see more litigation. You'll probably see that
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  Speaker 4: litigation filed as soon as August.
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  Speaker 2: Wow, that is something I hadn't thought of. That's what
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  Speaker 2: we get you. But then you know the other the
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  Speaker 2: other thing. Doubling back to your column, you're honor the
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  Speaker 2: withholding a federal highway dollars unless you change your transgender
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  Speaker 2: sports policy.
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  Speaker 4: Right right, Maybe that's going to that's going to come next.
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  Speaker 4: Although South Dakota versus Dole, which is the Supreme Court
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  Speaker 4: opinion of holding the right of the Congress to attach
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  Speaker 4: strings to cash, accept the catch.
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  Speaker 3: You got to accept the strings, says there.
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  Speaker 4: Has to be a rational relationship between the expenditure of
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  Speaker 4: the cash paving the highways and the strings. Now, I
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  Speaker 4: don't know that there'd be a relationship between transgenderism, Brian,
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  Speaker 4: what are we talking about? I know, transgenderism and paving highways?
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  Speaker 2: Okay, well, education dollars. Then we could probably make a
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  Speaker 2: good connection there, at least they would try. I can
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  Speaker 2: see it coming. You're on and they've been doing this
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  Speaker 2: for years. Judge Enita Paula Tana, thank you for the
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  Speaker 2: time you spend with my listeners of me every Wednesday.
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  Speaker 2: I thoroughly enjoy it. I encourage my listeners to get
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  Speaker 2: a copy of the column and judging Freedom is your podcast?
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  Speaker 2: Who you have on today? As we fast approached that.
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  Speaker 4: In twenty minutes, Gilbert Talktorau at nine o'clock Eastern and
• 12:32
  Speaker 4: at two lessa afternoon, the Great Colonel Douglas McGregor, who's
• 12:36
  Speaker 4: warning about drones having an effect in.
• 12:41
  Speaker 2: Russia modern warfare. It is really an amazing transformation. We'll
• 12:46
  Speaker 2: be listening. Judgenita Palu