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Judge Napolitano - War and Constitutional Indifference · Brian Thomas

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  Speaker 1: In and out of Wakland. Northbound seventy five continues to
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  Speaker 1: cold beverage, and assigned copy of the Constitution. And there's
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  Speaker 1: five KRC the talk station.
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  Speaker 2: Hey, thirty one fifty five krsee the talk station. Yeah,
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  Speaker 2: Happy Wednesday. I always made it extra happy for me.
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  Speaker 2: I love hearing from Judge Enna Paula Tana, who we
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  Speaker 2: have the blessings to get every Wednesday at this time,
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  Speaker 2: talk about I love you know what juds around an Apolitown.
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  Speaker 2: I didn't respond to your email yesterday. I had a
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  Speaker 2: very busy day, but I wanted to tell you, my friend,
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  Speaker 2: I loved this column. Yeah, I mean right out of
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  Speaker 2: the gate Wickered versus Philburn, all the way through the
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  Speaker 2: Alien Seditions Act and all the other ways that war,
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  Speaker 2: as an example, erodes the liberties and freedoms guaranteed by
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  Speaker 2: our Constitution. This is a brilliant one man, not that
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  Speaker 2: they all aren't, but I just thoroughly enjoyed this, most
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  Speaker 2: notably because you started off with Wickered. So welcome back, Thank.
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  Speaker 3: You, know, thank you, Brian.
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  Speaker 4: Wickered is the name of the case in which the
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  Speaker 4: Supreme Court allowed the federal government to regulate a farmer's
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  Speaker 4: field which grew wheat, all of which was ground into
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  Speaker 4: flour and put into bake goods, all of which was
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  Speaker 4: consumed by the farmer's family. The Supreme Court under the
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  Speaker 4: Interstate Commerce Clause. Of course, there was no commerce, and
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  Speaker 4: nothing moved to interstate allowed federal regulation of that.
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  Speaker 3: But here's a little footnote.
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  Speaker 4: Before Chief Justice Roberts changed his mind on the Affordable
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  Speaker 4: Care Act, now we're talking about Obamacare. It's twenty twelve. Yeah,
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  Speaker 4: Justice Scalia told me the draft of the opinion repealed
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  Speaker 4: Wickered versus Philburn, something that he and some of his
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  Speaker 4: colleagues have been yearning to do since they were.
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  Speaker 3: In law school.
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  Speaker 1: Like you and not a man.
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  Speaker 4: But then, in order to cobble together whatever majority they had,
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  Speaker 4: they had to get rid of the.
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  Speaker 3: Repeal of Wicked against Philburn.
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  Speaker 4: I happen to know that Justices Gorsich and Barrett are
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  Speaker 4: in favor of repealing Wicked against Philburn as well. And
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  Speaker 4: even though this is a name not familiar to the public,
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  Speaker 4: this is the opinion that has unleashed mammoth amounts of
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  Speaker 4: federal regulations. Once this is repealed, Congress will be put
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  Speaker 4: back in the box where the Constitution has supposedly was
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  Speaker 4: written to keep it a man.
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  Speaker 2: And you know, one of the points you made in
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  Speaker 2: the article, which is a profound and brilliant point you
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  Speaker 2: made when you were on Fox Business. You said, listen,
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  Speaker 2: everybody in the room. I tell you what, look around.
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  Speaker 2: Find any thing in this studio that is not regulated
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  Speaker 2: by the federal government. And as you pointed out, literally
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  Speaker 2: everything is. You know, you talk about the height of
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  Speaker 2: the chair and the color of the walls, everybody, the
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  Speaker 2: pigment of the pain is regulated. The cameras used a
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  Speaker 2: video camera, the Fox Business segment all regulated by the
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  Speaker 2: federal government. And the only way they got in is
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  Speaker 2: because of Wickered versus Philburn and the gift that I
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  Speaker 2: might interject. I know Obamacare was upheld in don't even
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  Speaker 2: get me started on that. But the one thing that
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  Speaker 2: we did enjoy by way of that decision is at
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  Speaker 2: least a profound statement that the commerce clause cannot be
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  Speaker 2: used to force us to engage in commerce, which is
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  Speaker 2: exactly what Obamacare did by forcing you to buy a policy.
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  Speaker 4: Correct that language might have impaired a little bit.
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  Speaker 3: Of Wickered, the portion of Wickered that says.
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  Speaker 4: By not by baking their own goods and not buying
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  Speaker 4: from the grosser, they impaired interstate commerce. That aspect that
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  Speaker 4: the government can't forced you to engage in the interstate
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  Speaker 4: commerce may have clipped a little bit of Wickered's wings,
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  Speaker 4: but it's still around. It needs a stake through its heart.
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  Speaker 2: What would the world, our world, our government right now
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  Speaker 2: look like if Wickered versus Philburn had not been decided
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  Speaker 2: by the Supreme Court along the lines had decided, Well,
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  Speaker 2: we'd have.
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  Speaker 4: A lot more state regulations. And as Ronald Reagan used
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  Speaker 4: to say, can vote with your feet. If you want
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  Speaker 4: to live with us a lot of regulations, go to
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  Speaker 4: Massachusetts or New Jersey. If you want to live where
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  Speaker 4: there's more freedom, go to Ohio or Texas.
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  Speaker 3: If you want to live in.
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  Speaker 4: The people's Republic, go to California. It would be different
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  Speaker 4: state by state.
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  Speaker 2: Now pivoting over to the I wanted to get in
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  Speaker 2: getting the Alien Seditions Acts, which you brilliantly brought up,
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  Speaker 2: because it shows how long this has been going on.
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  Speaker 2: John Adams, you point out, fought a war against France,
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  Speaker 2: no congressional declaration of war, and then he asked Congress
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  Speaker 2: to anact, the Alien Seditions Act, which criminalized speech words
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  Speaker 2: disparaging the war effort. Now that that passed through is
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  Speaker 2: it's crazy, But you can see and you even mentioned,
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  Speaker 2: you know, some of the founding fathers were still around
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  Speaker 2: when this happened, and they started curbing the screach that
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  Speaker 2: they guaranteed in the First Amendment. This has been going
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  Speaker 2: on since the Constitution was basically enacted.
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  Speaker 4: Correct, correct, So how can the same generation and in
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  Speaker 4: some cases the same human beings who had just ratified
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  Speaker 4: the First Amendment Congress shaw making a law abridging the
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  Speaker 4: freedom of speech, have voted for legislation that impaired the
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  Speaker 4: freedom of speech. You know, there's a very famous case
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  Speaker 4: involving the Thomas Massey of his day, Congressman Matthew Lyons
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  Speaker 4: of Vermont, who mocked the President's waistline by calling him
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  Speaker 4: your rotundity, and for that he was indicted under the
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  Speaker 4: Alien Ince Edition Act, and for that he was convicted
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  Speaker 4: of impairing the government with his speech. And then when
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  Speaker 4: Thomas Jefferson defeated John Adams and Congressman Lyon's term was over,
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  Speaker 4: he went to Washington and was handed a pardon by
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  Speaker 4: Thomas Jefferson, which resulted in the return of his four
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  Speaker 4: hundred and twenty eight or farm in Vermont that the
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  Speaker 4: FEDS had seized as part of the penalty for mocking
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  Speaker 4: the president's waistline under the Alien It's Edition.
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  Speaker 3: Actually can't make this up.
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  Speaker 4: It's a famous but it's an infamous and little known
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  Speaker 4: case of a member of Congress prosecuted for something he
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  Speaker 4: said outside the Capitol Building, which was nothing more than
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  Speaker 4: mocking the waistline of an overweight president.
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  Speaker 2: Well, and case after case after that, and you talk
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  Speaker 2: about the interment of the Japanese during World War Two,
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  Speaker 2: you talk about prosecuting opponents of the draft in World
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  Speaker 2: War One, all related to the Alien Editions. Actually, we
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  Speaker 2: have been guilty of ignoring the fundamental freedom's guarantee of
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  Speaker 2: our Constitution for years and years and longer than I
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  Speaker 2: cared to realize. But that's the brilliance of your column.
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  Speaker 2: And using war as a fear mechanism is quite often
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  Speaker 2: the predicate for it, because of course war and that
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  Speaker 2: justifies eroding freedoms and liberties. Asked the Japanese who were
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  Speaker 2: in turned into World War Two. But the Senate passed
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  Speaker 2: the War Powers Resolution yesterday. I'm sure you saw that
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  Speaker 2: pursued to the War Powers Resolution nineteen seventy three. So
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  Speaker 2: the House and the Senator both passed it. But it's
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  Speaker 2: an illusory if you want the war to stop, and
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  Speaker 2: if you think the Congress is exercising its appropriate authority
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  Speaker 2: and having some control over it. The War Powers Resolution
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  Speaker 2: hasn't ever been tested in court, and I think the
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  Speaker 2: language of the resolution itself says that it does not
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  Speaker 2: need the President's signature, and I understand nineteen eighty three
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  Speaker 2: Supreme Court Kate said no, no, you've got to have
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  Speaker 2: the President's signature or veto for it to have legal effect.
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  Speaker 2: This is the first time both houses have voted pursuant
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  Speaker 2: to the War Powers Resolution. So off to court we go.
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  Speaker 2: Your honor, Is that where we're headed next?
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  Speaker 4: Well? I don't think so, because it's a concurrent resolution.
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  Speaker 4: It has no teeth. It's just the opinion of the
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  Speaker 4: members of Congress. If this concurrent resolution had said thou
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  Speaker 4: shalt not spend any federal dollars in Iran, then it
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  Speaker 4: would have gone to his desk. He would have vetoed it,
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  Speaker 4: and then they would have to override the veto. If
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  Speaker 4: they overrode the veto and he still spent the money,
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  Speaker 4: then we have a constitutional crisis.
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  Speaker 3: Power right now, right now, even.
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  Speaker 4: Though this is the first time this has happened since
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  Speaker 4: nineteen seventy three when the War Powers Resolution was enacted,
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  Speaker 4: it's political, not legal.
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  Speaker 3: At this point, they.
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  Speaker 4: Are not going to get into thou shalt not spend
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  Speaker 4: because they have more pressing things on their minds and
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  Speaker 4: don't want to fight this fight.
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  Speaker 2: So they could stop it by defunding it. But they
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  Speaker 2: don't hurt the votes to defund it, and if they did,
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  Speaker 2: they don't have a veto proof majority at least as
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  Speaker 2: of yet, because the Trump would veto any spending limitations.
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  Speaker 4: Correct, even though sixty five percent of the nation is
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  Speaker 4: opposed to the war and in favor of an ending
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  Speaker 4: sixty five percent, it's almost like the Vietnam years.
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  Speaker 2: Yeah, and they could a he funded the Vietnam War
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  Speaker 2: throughout the Vietnam ears, couldn't they have correct correct read
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  Speaker 2: The column comes out tonight. I'm just lucky enough to
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  Speaker 2: get an early copy of a Judge Editapolitano brilliant as always.
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  Speaker 2: I appreciate your thoughtful analysis and your profound respect for
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  Speaker 2: the supreme law of the land. And real quick, I
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  Speaker 2: have to ask you this because the Democratic Socialist of
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  Speaker 2: America platform has come out, so all the DSA folks
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  Speaker 2: out there that are apparently doing quite well in New
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  Speaker 2: York City, for example, that platform is a rebuke of
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  Speaker 2: our constitution. It seeks to fundamentally alter it, change it profoundly.
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  Speaker 2: So could a representative, a DSA representative being sworn into
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  Speaker 2: office with a straight face, swear to uphold the Constitution
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  Speaker 2: of the United State dates when their own platform promises
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  Speaker 2: to destroy it.
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  Speaker 4: I don't know the answer to that. But if he
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  Speaker 4: fails to take the oath, he can't be seated.
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  Speaker 3: That's the law of the land.
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  Speaker 4: The Constitution itself requires everybody who works for the government,
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  Speaker 4: from a school board janitor to the governor of a state,
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  Speaker 4: to a lowly buck private to the president of the
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  Speaker 4: United States must take substantially similar odes, all of which
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  Speaker 4: promise loyalty to the Constitution of the United States.
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  Speaker 3: I don't know what these lefties will do. We'll find out.
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  Speaker 4: They'll win in November, because there's no Republican party to
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  Speaker 4: speak of here in Manhattan.
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  Speaker 3: We'll find out well in January.
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  Speaker 2: I suspect when the words I do come out of
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  Speaker 2: their mouths, they'll just be lying, like most politicians do.
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  Speaker 2: Judge Enitor, Judge Ennita Poalitano, we'll talk next Wenday. I
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  Speaker 2: hope you have a wonderful week between now and then, Sir,
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  Speaker 2: back at.
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  Speaker 4: You, Brian, thank you for your kind comments about the article.
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  Speaker 4: All the best and my best
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  Speaker 2: Distractor yeah and Destructor, thank you, my friend.