1 00:00:05,519 --> 00:00:07,840 Speaker 1: I'm Josh Hammer, and this is the Josh Hammer Show. 2 00:00:08,560 --> 00:00:11,520 Speaker 1: Mike Davis, the Viceroy, my colleague, got the Article three project, 3 00:00:11,520 --> 00:00:14,280 Speaker 1: will join us later in the program for a deep dive, 4 00:00:14,320 --> 00:00:17,440 Speaker 1: full ranging conversation about all the day's legal controversies. I'm 5 00:00:17,480 --> 00:00:20,759 Speaker 1: sure we'll talk about Ice and the Insurrection Act and 6 00:00:20,880 --> 00:00:23,960 Speaker 1: immigration more generally. Was to say about our nation's priorities 7 00:00:24,400 --> 00:00:28,680 Speaker 1: that many Democrats are objecting so strongly to the most foundational, 8 00:00:28,760 --> 00:00:31,800 Speaker 1: rudimentary notion that nation is only a nation because of 9 00:00:31,840 --> 00:00:34,360 Speaker 1: the borders. It enforces. All that and much more of 10 00:00:34,400 --> 00:00:37,040 Speaker 1: Mike Davis later on in this hour of The Josh 11 00:00:37,080 --> 00:00:39,479 Speaker 1: A. Hammer Show. But for now, I'm wanting to flag your attention. 12 00:00:39,560 --> 00:00:42,840 Speaker 1: While we're on the topic of the law, while we're 13 00:00:42,880 --> 00:00:46,199 Speaker 1: on the issue of the courts, a big and I 14 00:00:46,280 --> 00:00:50,320 Speaker 1: mean big oral argument is happening today Tuesday, January twentieth, 15 00:00:50,720 --> 00:00:53,920 Speaker 1: at the US Corps Appeals for the Fifth Circuit in 16 00:00:54,040 --> 00:00:57,320 Speaker 1: New Orleans, Louisiana. I know this court very well. Why 17 00:00:57,520 --> 00:01:00,360 Speaker 1: because I clerked on it. Because I clerk for the 18 00:01:00,400 --> 00:01:03,400 Speaker 1: Honorable Judge James C. Hoo, a Trump nominee to the 19 00:01:03,400 --> 00:01:05,440 Speaker 1: Fifth Circuit. I was one of Judge hosts First four 20 00:01:05,560 --> 00:01:09,280 Speaker 1: Law Clerks and the Fifth Circuit, which is historically and 21 00:01:09,319 --> 00:01:13,479 Speaker 1: still is one of the more conservative constitutionalist originalists appellate 22 00:01:13,800 --> 00:01:16,759 Speaker 1: courts in all of the federal juiciary. The Fifth Circuit, 23 00:01:16,880 --> 00:01:21,200 Speaker 1: which covers three states, namely Texas, Louisiana, and Mississippi, they say, 24 00:01:21,280 --> 00:01:25,679 Speaker 1: are hearing the consolidated oral argument out of two cases 25 00:01:26,040 --> 00:01:28,600 Speaker 1: with very similar fat patterns. That's why they've been consolidated 26 00:01:28,880 --> 00:01:32,480 Speaker 1: out of the states of Louisiana and Texas. Two of 27 00:01:32,480 --> 00:01:35,240 Speaker 1: the three states that the Fifth covers the basic fat 28 00:01:35,240 --> 00:01:39,440 Speaker 1: pattern in question is the state of Louisiana and then 29 00:01:39,480 --> 00:01:42,120 Speaker 1: the state of Texas, which did so just this past year. 30 00:01:42,240 --> 00:01:46,479 Speaker 1: In their twenty twenty five legislative session, they each passed 31 00:01:46,480 --> 00:01:52,160 Speaker 1: a law requiring some variation of the Ten Commandments the 32 00:01:52,200 --> 00:01:57,040 Speaker 1: Ten Commandment to be displayed in classrooms all throughout the state. 33 00:01:58,080 --> 00:02:01,640 Speaker 1: Governor Jeff Landry of Louisiana signed that lawn to place 34 00:02:01,880 --> 00:02:04,520 Speaker 1: in Louisiana in twenty twenty four, two years ago, and 35 00:02:04,520 --> 00:02:07,240 Speaker 1: then Governor Greg Out of Texas signed a very similar 36 00:02:07,240 --> 00:02:12,119 Speaker 1: statute into law just last year in twenty twenty five. Now, 37 00:02:12,160 --> 00:02:15,240 Speaker 1: a lower court judge, a federal district court judge has 38 00:02:15,280 --> 00:02:19,000 Speaker 1: no doubt you're familiar by now they blocked it. This 39 00:02:19,120 --> 00:02:21,640 Speaker 1: notion of federal district judge is blocking these laws. We 40 00:02:21,720 --> 00:02:23,600 Speaker 1: discussed that at length. That's going to be an evergreen 41 00:02:23,639 --> 00:02:25,880 Speaker 1: topic for god knows how long here on the show. 42 00:02:26,240 --> 00:02:28,880 Speaker 1: But in this particular litigation, a federal district judge blocked 43 00:02:29,240 --> 00:02:33,160 Speaker 1: the Louisiana and Texas laws, respectively from coming into place. 44 00:02:34,480 --> 00:02:37,560 Speaker 1: Three judges on the Fifth Circuit because normally appeals court 45 00:02:37,600 --> 00:02:40,440 Speaker 1: sits with three judges, So a three judge panel left 46 00:02:40,760 --> 00:02:44,880 Speaker 1: that flawed district court ruling in place. What followed then 47 00:02:45,360 --> 00:02:48,320 Speaker 1: was the judges of the Fifth Circuit then voting to 48 00:02:48,440 --> 00:02:51,800 Speaker 1: rehear this case in what is known as en banc fashion, 49 00:02:52,120 --> 00:02:54,320 Speaker 1: meaning that all of the judges of the Fifth Circuit, 50 00:02:54,360 --> 00:02:56,160 Speaker 1: which again is one of the more right of center 51 00:02:56,240 --> 00:03:00,360 Speaker 1: courts in the country, they decided to hear all of 52 00:03:00,400 --> 00:03:04,040 Speaker 1: them today this case. And sure enough, that is exactly 53 00:03:04,120 --> 00:03:09,840 Speaker 1: what happened earlier today in New Orleans, Louisiana. Folks, this 54 00:03:09,919 --> 00:03:12,960 Speaker 1: question gets to the very heart of who we are 55 00:03:13,000 --> 00:03:17,160 Speaker 1: as a people. It cuts to the very core of 56 00:03:17,200 --> 00:03:19,360 Speaker 1: what it means to be part of the rule of law. 57 00:03:20,040 --> 00:03:24,680 Speaker 1: Of whether American constitutionalism is ethereal, whether it is clouds 58 00:03:24,680 --> 00:03:26,800 Speaker 1: in the sky, whether it is tethered, whether it's anchored 59 00:03:27,360 --> 00:03:33,320 Speaker 1: in something deeper, something more transcendental, more natural, more biblical, 60 00:03:33,639 --> 00:03:38,119 Speaker 1: more godly. The argument that has been deployed by secularists 61 00:03:38,120 --> 00:03:41,360 Speaker 1: and leftists for longer than I've been alive to object 62 00:03:41,480 --> 00:03:45,160 Speaker 1: to public displays of things like the Ten Commandments is 63 00:03:45,200 --> 00:03:49,600 Speaker 1: they say that is prohibited by so called separation of 64 00:03:49,680 --> 00:03:54,800 Speaker 1: church and state. The problem, you will, no doubt notice, 65 00:03:55,640 --> 00:03:58,240 Speaker 1: is that those of you who've read the First Amendment, no, 66 00:03:58,480 --> 00:03:59,960 Speaker 1: and for those of who don't know, I will inform 67 00:04:00,120 --> 00:04:03,680 Speaker 1: you know that particular verbiage is actually nowhere to be 68 00:04:03,680 --> 00:04:07,640 Speaker 1: found in the First Amendment to the Constitution. The First Ments. 69 00:04:07,720 --> 00:04:13,600 Speaker 1: The Constitution reads in relevant parts as follows, quote Congress 70 00:04:13,600 --> 00:04:16,240 Speaker 1: shall make no law respecting an establishment of religion or 71 00:04:16,240 --> 00:04:20,479 Speaker 1: prohibiting the free exercise thereof. Those two clauses, respectively, are 72 00:04:20,520 --> 00:04:23,680 Speaker 1: typically referred to as the establishment clause and the free 73 00:04:23,680 --> 00:04:27,880 Speaker 1: exercise clause. The establishing clause is where you have leftists 74 00:04:27,880 --> 00:04:32,560 Speaker 1: and secularists who say that separation church and state is 75 00:04:32,560 --> 00:04:37,840 Speaker 1: codified as a principle, except it isn't. The actual text 76 00:04:38,000 --> 00:04:43,320 Speaker 1: says Congress shall make no law respecting an establishment of religion. 77 00:04:44,640 --> 00:04:48,279 Speaker 1: The actual history of the establishing clause, as just as 78 00:04:48,320 --> 00:04:51,560 Speaker 1: Clarence Thomas has explained in numerous Supreme Court opinions, and 79 00:04:51,640 --> 00:04:57,120 Speaker 1: as various constitutional law scholars such as Philip Hamburger have 80 00:04:57,520 --> 00:05:01,120 Speaker 1: explained as well in compelling and paints to makingly detailed 81 00:05:01,120 --> 00:05:05,360 Speaker 1: the meticulous legal scholarship, the Estallusian clause was actually a 82 00:05:05,440 --> 00:05:10,559 Speaker 1: federalism provision. In other words, it says that Congress shall 83 00:05:10,560 --> 00:05:13,159 Speaker 1: make no law respecting the establishment of religions, that the 84 00:05:13,279 --> 00:05:20,000 Speaker 1: states can do that, and sure enough they did. By 85 00:05:20,040 --> 00:05:23,680 Speaker 1: the time of the American founding, many, perhaps most, of 86 00:05:23,720 --> 00:05:28,719 Speaker 1: the colonies turned into nascent states, had established state churches. 87 00:05:29,920 --> 00:05:31,880 Speaker 1: Think about it. Maryland was known as a place where 88 00:05:31,880 --> 00:05:34,240 Speaker 1: Catholics go. Pennsylvania was known as a place where Quakers go, 89 00:05:35,279 --> 00:05:39,520 Speaker 1: and on and on. Think about the Commonwealth of Massachusetts, 90 00:05:39,520 --> 00:05:42,280 Speaker 1: which today is a leftist Bastian Senator Elizabeth Warren and 91 00:05:42,279 --> 00:05:45,960 Speaker 1: all that Massachusetts had an established church. It was the 92 00:05:46,040 --> 00:05:50,720 Speaker 1: Congregationalist Church. Well into the nineteenth century. It was eighteen 93 00:05:50,800 --> 00:05:54,480 Speaker 1: thirty three Massachusetts finally got rid of its established church. 94 00:05:55,720 --> 00:06:00,560 Speaker 1: You see, America was a pluralistic society. No, it was 95 00:06:00,560 --> 00:06:04,960 Speaker 1: not a multicultural society. We'll get into the notion of 96 00:06:04,960 --> 00:06:07,719 Speaker 1: Somali fraud in Minnesota and what it means for immigration. 97 00:06:07,760 --> 00:06:09,840 Speaker 1: I'm sure we're against that with the Viceroy Mike Davis 98 00:06:10,240 --> 00:06:13,080 Speaker 1: coming up shortly. But at the time of the founding 99 00:06:13,080 --> 00:06:17,760 Speaker 1: America was pluralistic necessarily when it comes to Somali's when 100 00:06:17,760 --> 00:06:21,760 Speaker 1: it comes to people from the Far East. Now, they're 101 00:06:21,800 --> 00:06:25,960 Speaker 1: pluralistic in the confines of the Biblical religions. Within the 102 00:06:25,960 --> 00:06:28,640 Speaker 1: confines above all Protestantism and to a lesser extent of 103 00:06:28,720 --> 00:06:33,120 Speaker 1: Judaism and Catholicism, and the various Protestant sects in particular 104 00:06:34,600 --> 00:06:38,239 Speaker 1: had to make sure that they were able to flourish 105 00:06:38,279 --> 00:06:42,560 Speaker 1: at a state level, Folks, this is a federalism provision. 106 00:06:43,839 --> 00:06:46,599 Speaker 1: So where you might ask does the notion of separation 107 00:06:46,680 --> 00:06:50,120 Speaker 1: of church and state come from, It comes actually from 108 00:06:50,160 --> 00:06:53,719 Speaker 1: a letter written by Thomas Jefferson when he was President 109 00:06:53,720 --> 00:06:57,480 Speaker 1: of United States in eighteen oh two. Jefferson wrote a short, 110 00:06:57,520 --> 00:07:00,000 Speaker 1: pithy letter two hundred and thirty three words in length, 111 00:07:00,200 --> 00:07:03,120 Speaker 1: essentially the length of a long tweet, and he sent 112 00:07:03,160 --> 00:07:10,200 Speaker 1: this letter to the Baptist convention in Danbury, Connecticut. Why 113 00:07:10,640 --> 00:07:14,000 Speaker 1: it's actually a political letter. He was trying to make 114 00:07:14,080 --> 00:07:19,000 Speaker 1: political inroads for his party, the Democratic Republicans of Jefferson 115 00:07:19,040 --> 00:07:21,720 Speaker 1: and Madison, either trying to make inroads into the New 116 00:07:21,760 --> 00:07:25,440 Speaker 1: England clergy, which at that time were a political bastion 117 00:07:25,800 --> 00:07:29,760 Speaker 1: for the opposing party, the Federalist Party of Alexander Hamilton, 118 00:07:29,880 --> 00:07:33,800 Speaker 1: John Adams, George Washington, and so forth. And it was 119 00:07:33,840 --> 00:07:38,160 Speaker 1: in this letter, this tweet of sorts, that Jefferson first 120 00:07:38,240 --> 00:07:42,160 Speaker 1: used the phrase separation of church and state, a wall 121 00:07:42,200 --> 00:07:46,440 Speaker 1: of separation, he refers to it. But Jefferson wind no 122 00:07:47,000 --> 00:07:50,200 Speaker 1: was in the First Amendment. He wasn't even there at 123 00:07:50,240 --> 00:07:54,480 Speaker 1: the Consortors convention. He was gallavanting off in pre revolutionary France, 124 00:07:55,200 --> 00:07:58,640 Speaker 1: palling around with the folks who soon will become the Jacobins, 125 00:07:59,000 --> 00:08:03,000 Speaker 1: engaging in the Garen and the reign of terror. As 126 00:08:03,240 --> 00:08:07,440 Speaker 1: William Ranquist persuasively put it in a nineteen eighties case 127 00:08:07,480 --> 00:08:12,480 Speaker 1: called Jeffrey Tamas, Jarrison is not someone whose thoughts in 128 00:08:12,480 --> 00:08:16,200 Speaker 1: the First Amendments seemed like particularly persuasive or compelling authority, 129 00:08:17,160 --> 00:08:20,320 Speaker 1: and the notion of so called separationism, separation church of state, 130 00:08:20,520 --> 00:08:23,960 Speaker 1: was not actually codified as a matter of Supreme Court 131 00:08:24,000 --> 00:08:28,360 Speaker 1: case saw as being the effective, if not literal, language 132 00:08:28,360 --> 00:08:30,760 Speaker 1: of the Assagian cause. It was not read into the 133 00:08:30,760 --> 00:08:35,559 Speaker 1: clause until a somewhat obscure nineteen forty seven case called Everson, 134 00:08:37,360 --> 00:08:40,600 Speaker 1: a case out of New Jersey. In an essay this 135 00:08:40,640 --> 00:08:43,440 Speaker 1: past summer for the Harvard Journal lam Public Policy, my 136 00:08:43,559 --> 00:08:47,280 Speaker 1: two co authors and I argued that Eversin must fall 137 00:08:47,360 --> 00:08:50,440 Speaker 1: because Eversin versus Board of Education. This case that for 138 00:08:50,480 --> 00:08:54,120 Speaker 1: the very first time read separated church of state as 139 00:08:54,160 --> 00:08:58,040 Speaker 1: being incorporated to the states via the fourteenth Amendment. This 140 00:08:58,120 --> 00:09:02,760 Speaker 1: case was wrongly decided because there's no such thing actually 141 00:09:03,200 --> 00:09:06,439 Speaker 1: as so called separation. Sure, of course there's free exercise. 142 00:09:07,000 --> 00:09:09,079 Speaker 1: I'm gonn observant Jew. I care quite a bit actually 143 00:09:09,600 --> 00:09:13,160 Speaker 1: about the free exercise of religion. But the two religion 144 00:09:13,160 --> 00:09:17,560 Speaker 1: clauses are complementary. They're not at loggerheads with one another. 145 00:09:18,840 --> 00:09:24,960 Speaker 1: You could have various public facing forms of ecumenical geo 146 00:09:25,080 --> 00:09:31,959 Speaker 1: Christian inheritance, biblical teachings, maxims, and so forth, and also 147 00:09:32,000 --> 00:09:37,800 Speaker 1: protect private religion. They're not irreconcilable. They actually fit very 148 00:09:37,840 --> 00:09:42,280 Speaker 1: nicely together articably. Even more importantly, though than the actual 149 00:09:42,280 --> 00:09:46,360 Speaker 1: black letter law is this? What does it say about 150 00:09:46,360 --> 00:09:51,280 Speaker 1: a country country like ours founded in the proposition that 151 00:09:51,600 --> 00:09:54,520 Speaker 1: all men to create equal a Genesis one twenty seven principle. 152 00:09:54,679 --> 00:09:57,559 Speaker 1: A country that prints in God we trust on our coinage. 153 00:09:58,640 --> 00:10:04,240 Speaker 1: A country that founded by religious Christians, whose first president, 154 00:10:04,280 --> 00:10:08,120 Speaker 1: George Washington wrote so compellingly in his Thanksgiving proclamation that 155 00:10:08,200 --> 00:10:11,160 Speaker 1: Thanksgiving X this to thank Almighty God. What does it 156 00:10:11,200 --> 00:10:15,160 Speaker 1: say about a country that has litigated for four to 157 00:10:15,320 --> 00:10:19,160 Speaker 1: five six however, many decades now the notions to whether 158 00:10:19,200 --> 00:10:24,480 Speaker 1: the Ten Commandments, the original ten Commandments Moses is setting 159 00:10:24,480 --> 00:10:28,360 Speaker 1: from SINAI, Thou shall not murder, Thou shall not steal 160 00:10:28,760 --> 00:10:31,400 Speaker 1: honor your parents. How do we get to a place 161 00:10:32,559 --> 00:10:37,680 Speaker 1: where a nation as godly as ours is even debating 162 00:10:38,160 --> 00:10:41,240 Speaker 1: whether or not a public display of the Ten Commandments 163 00:10:41,760 --> 00:10:45,280 Speaker 1: violates a reading, or is the case that we hear 164 00:10:45,360 --> 00:10:50,559 Speaker 1: a misreading of a certain constitutional amendment. It's absolutely grotesque. 165 00:10:52,160 --> 00:10:53,880 Speaker 1: The case law on this, where it's worth, has been 166 00:10:53,920 --> 00:10:56,240 Speaker 1: all over the map. There was a case from two 167 00:10:56,280 --> 00:10:59,160 Speaker 1: thousand and five called Van Orden versus Perry, also out 168 00:10:59,200 --> 00:11:01,440 Speaker 1: of Texas. The carry there in question is former Governor 169 00:11:01,520 --> 00:11:05,840 Speaker 1: Rick Perry there. The fat pattern involved a monument of 170 00:11:05,880 --> 00:11:08,560 Speaker 1: the Ten Commandments. It's still there today. Actually, go to Austin, Texas, 171 00:11:08,640 --> 00:11:10,600 Speaker 1: walk the state Capitol grounds. You'll see it. I've seen 172 00:11:10,600 --> 00:11:13,320 Speaker 1: it many times in person. They're the Ten Commandments. 173 00:11:13,320 --> 00:11:13,640 Speaker 2: One. 174 00:11:14,240 --> 00:11:19,200 Speaker 1: Sometimes the Ten Commandments don't win. It's all hypocrisy. The 175 00:11:19,400 --> 00:11:22,000 Speaker 1: Justice of the U Spreme Court have a freeze on 176 00:11:22,040 --> 00:11:24,719 Speaker 1: the Wall of Moses with the Ten Commandments because he 177 00:11:25,000 --> 00:11:28,240 Speaker 1: was the first lawgiver in the history of the Geo 178 00:11:28,360 --> 00:11:32,120 Speaker 1: Christian Biblical tradition. The fifth crogate should do the right 179 00:11:32,160 --> 00:11:34,560 Speaker 1: thing here and push as hard as they possibly can 180 00:11:35,600 --> 00:11:38,560 Speaker 1: within the confines of Supreme Court presidents and the U 181 00:11:38,600 --> 00:11:41,960 Speaker 1: Supreme Courts really ought to grant a rid of cercerari 182 00:11:42,200 --> 00:11:44,800 Speaker 1: and hear this case. If it goes the wrong way, 183 00:11:45,520 --> 00:11:47,480 Speaker 1: perhaps they'll find a way to take it, even if 184 00:11:47,480 --> 00:11:49,760 Speaker 1: it goes the right way, because we have to make 185 00:11:49,800 --> 00:11:53,800 Speaker 1: sure that generations hence know that this country stands for 186 00:11:53,920 --> 00:11:57,600 Speaker 1: Godly values, Biblical values, and that our American Constitution is 187 00:11:57,679 --> 00:12:01,560 Speaker 1: downstream of the Ten Commandments. Godspeed to the lawyer's argument 188 00:12:01,600 --> 00:12:03,960 Speaker 1: that proposition in New Roleans today, I'm Josh Hammer. Stay 189 00:12:03,960 --> 00:12:11,320 Speaker 1: with us to the break. Mike Davis on the other side. Well, 190 00:12:11,320 --> 00:12:14,640 Speaker 1: as promise, it's now time for the viceroy. Let's bring 191 00:12:14,679 --> 00:12:16,920 Speaker 1: on founder and president of the Article three Project, where 192 00:12:16,960 --> 00:12:18,960 Speaker 1: he's also my colleague. You can check us out at 193 00:12:19,040 --> 00:12:22,520 Speaker 1: Article three project dot org. It's the one only. Mike Davis, 194 00:12:22,600 --> 00:12:25,600 Speaker 1: friend of Josh Hammer Show, joins us yet again. Mike, 195 00:12:25,760 --> 00:12:28,560 Speaker 1: thank you, as always my friend for joining us. There's 196 00:12:28,640 --> 00:12:32,559 Speaker 1: always no shortage of legal controversies and news the day 197 00:12:32,559 --> 00:12:34,360 Speaker 1: happening there. I break it down when I can, but 198 00:12:34,360 --> 00:12:36,920 Speaker 1: it's always fun to have a comrade in arms to 199 00:12:37,240 --> 00:12:38,559 Speaker 1: join me in doing so as well. 200 00:12:38,760 --> 00:12:38,960 Speaker 2: Mike. 201 00:12:39,080 --> 00:12:43,160 Speaker 1: The big issue for the past week ish week and 202 00:12:43,200 --> 00:12:46,040 Speaker 1: a half maybe at this point is the insurrection at 203 00:12:46,559 --> 00:12:49,240 Speaker 1: you wrote a recent opbed on this for Fox News. 204 00:12:49,320 --> 00:12:52,000 Speaker 1: We're talking here, of course, about the anarchy the insurrection 205 00:12:52,120 --> 00:12:55,839 Speaker 1: happening in Minneapolis and the aftermath of the justified self 206 00:12:55,840 --> 00:12:59,640 Speaker 1: defense shooting of Renee Good and the subsequent anarchy that 207 00:12:59,720 --> 00:13:04,080 Speaker 1: is fun, these standoff altercations between these protesters and federal 208 00:13:04,160 --> 00:13:07,200 Speaker 1: law enforcement. The insurrection out to eight two oh seven. 209 00:13:07,240 --> 00:13:09,120 Speaker 1: Tell us about this law and tell us why it 210 00:13:09,240 --> 00:13:11,240 Speaker 1: is a fit or not a fit. But I think 211 00:13:11,240 --> 00:13:13,280 Speaker 1: it's a fit for situations exactly like this. 212 00:13:14,440 --> 00:13:17,240 Speaker 2: Well, let's back up really fast here. Remember this that 213 00:13:17,840 --> 00:13:24,320 Speaker 2: Congress are elected. Members of Congress exercise our sovereign power, 214 00:13:24,440 --> 00:13:27,880 Speaker 2: as we the people, to control our border and to 215 00:13:28,000 --> 00:13:32,200 Speaker 2: control our population, so they can pass immigration laws to 216 00:13:32,400 --> 00:13:36,079 Speaker 2: control our border and population, which is our most crucial 217 00:13:36,120 --> 00:13:39,640 Speaker 2: sovereign power as we the people. It's the president's job, 218 00:13:40,160 --> 00:13:42,960 Speaker 2: as the commander in chief and the chief executive officer, 219 00:13:43,400 --> 00:13:48,680 Speaker 2: to faithfully execute those laws. That is his constitutional and 220 00:13:48,840 --> 00:13:53,720 Speaker 2: statutory duty. Right, we had an election. We had an 221 00:13:53,760 --> 00:13:57,400 Speaker 2: election over immigration. We had two different paps. We had 222 00:13:58,640 --> 00:14:01,080 Speaker 2: whether we were going to have come Paula Harris continued 223 00:14:01,120 --> 00:14:06,120 Speaker 2: Joe Biden's path of the mass importation of third world 224 00:14:06,200 --> 00:14:11,320 Speaker 2: trash into America, including Islamists who do not share our 225 00:14:11,440 --> 00:14:16,880 Speaker 2: values and violent criminals, gangs MS thirteen, trendy Aragua, or 226 00:14:16,920 --> 00:14:20,080 Speaker 2: we were going to go down the path that Trump proposed, 227 00:14:20,120 --> 00:14:25,240 Speaker 2: which was securing our border and excelling illegal aliens starting 228 00:14:25,240 --> 00:14:28,560 Speaker 2: with the worst of the worst, like Trendea arragua, like 229 00:14:28,720 --> 00:14:32,600 Speaker 2: MS thirteen, like these Islamists who want to destroy our country. 230 00:14:32,800 --> 00:14:36,520 Speaker 2: The American people, we the people, we the sovereign citizens 231 00:14:36,520 --> 00:14:41,240 Speaker 2: of America, shows Donald Trump's path right. He won three 232 00:14:41,280 --> 00:14:44,280 Speaker 2: and twelve electoral votes all seven Spring states. The popular 233 00:14:44,720 --> 00:14:47,240 Speaker 2: vote kept the House, won the Senate. He has a 234 00:14:47,280 --> 00:14:51,160 Speaker 2: father electfaw mandate to lead, and he is doing that. 235 00:14:51,200 --> 00:14:53,920 Speaker 2: He is doing the unthinkable. He's doing what he promised 236 00:14:53,960 --> 00:14:58,800 Speaker 2: American voters he would do by enforcing our immigration laws, 237 00:14:58,840 --> 00:15:05,800 Speaker 2: his constitutional and statute forward duty. These Democrat activist pointiffs, attorneys, 238 00:15:05,960 --> 00:15:13,600 Speaker 2: judges try to sabotage this immigration enforcement through the courts. 239 00:15:13,720 --> 00:15:17,800 Speaker 2: They largely failed because the Supreme Court has largely stopped them, 240 00:15:18,160 --> 00:15:21,600 Speaker 2: and now they are trying to sabotage the president on 241 00:15:21,720 --> 00:15:27,000 Speaker 2: the streets, right, and that is completely unacceptable. You can protest, 242 00:15:27,680 --> 00:15:32,480 Speaker 2: you can protest immigration enforcement, you can't obstruct it. You 243 00:15:32,640 --> 00:15:36,440 Speaker 2: certainly cannot be violent. And if you look at the 244 00:15:36,520 --> 00:15:42,080 Speaker 2: Insurrection Act, it deals with this specifically. If you are 245 00:15:42,680 --> 00:15:51,600 Speaker 2: organizing violence to stop the federal government from enforcing federal laws, 246 00:15:52,040 --> 00:15:59,320 Speaker 2: that is text book insurrection. That is text book seditious conspiracy. 247 00:15:59,320 --> 00:16:02,800 Speaker 2: That is text book assault on federal law enforcement. That 248 00:16:02,920 --> 00:16:08,560 Speaker 2: is textbook harboring illegal aliens. That is textbook general conspiracy. 249 00:16:08,640 --> 00:16:12,280 Speaker 2: And I would say this to these Democrats who are 250 00:16:12,280 --> 00:16:17,160 Speaker 2: doing this, like Tim Waltz, the governor of Minnesota, Jacob Prye, 251 00:16:17,280 --> 00:16:23,280 Speaker 2: the Minneapolis mayor. You could very easily end up in prison, 252 00:16:23,520 --> 00:16:29,920 Speaker 2: federal prison for these very serious federal crimes like insurrection, 253 00:16:30,160 --> 00:16:36,920 Speaker 2: seditious conspiracy, assault, kidnapping, harboring, conspiracy, generally other very serious 254 00:16:36,960 --> 00:16:40,920 Speaker 2: federal felonies. So tread lightly, guys, because I don't think 255 00:16:41,040 --> 00:16:45,640 Speaker 2: President Trump and Attorney General Pambondi are messing around. 256 00:16:45,840 --> 00:16:48,520 Speaker 1: Like Davis, the founder and president of the Arcle three project. 257 00:16:48,560 --> 00:16:52,600 Speaker 1: Follow him on x at mrd DMIA, follow our work 258 00:16:52,680 --> 00:16:55,560 Speaker 1: at a three P at arcle threeproject dot org. Mike, 259 00:16:55,560 --> 00:16:57,600 Speaker 1: I think it's really important that you backed up like that. 260 00:16:57,680 --> 00:17:02,240 Speaker 1: Immigration obviously is a federal legal imperative. Congress has an 261 00:17:02,280 --> 00:17:04,919 Speaker 1: Article one, Section eight and numery power to prescribe a 262 00:17:05,000 --> 00:17:08,560 Speaker 1: uniform rule of naturalization. The President has the take Care 263 00:17:08,640 --> 00:17:12,320 Speaker 1: clause obligation to take care that the laws be faithfully executed. 264 00:17:13,080 --> 00:17:16,760 Speaker 1: This clearly is a core bread and butter federal prerogative. 265 00:17:16,920 --> 00:17:18,880 Speaker 1: And I think back in look at the recent lawsuit 266 00:17:18,920 --> 00:17:21,240 Speaker 1: that was filed by the State of Minnesota and the 267 00:17:21,280 --> 00:17:25,119 Speaker 1: Twin cities of Minneapolis and Saint Paul against DHSS. The 268 00:17:25,119 --> 00:17:28,520 Speaker 1: whole Messecurity Department against the federal government generally. And Mike, 269 00:17:28,640 --> 00:17:31,920 Speaker 1: I was watching Keith Ellison, the adel Brains, you know, 270 00:17:32,040 --> 00:17:36,600 Speaker 1: you know, care connected attorney General of Minnesota, and he 271 00:17:36,880 --> 00:17:39,040 Speaker 1: was reading the statements where he was like, it's our 272 00:17:39,160 --> 00:17:42,760 Speaker 1: tenth Amendment States rights position. And I was looking at 273 00:17:42,760 --> 00:17:46,000 Speaker 1: this and I was like, I'm sorry, but I read 274 00:17:46,000 --> 00:17:47,880 Speaker 1: this in a history book ones and it came under 275 00:17:47,880 --> 00:17:51,080 Speaker 1: the name of John C. Calhoun. And I've been saying 276 00:17:51,080 --> 00:17:53,080 Speaker 1: this for years now that this whole notion of these 277 00:17:53,119 --> 00:17:58,000 Speaker 1: sanctuary jurisdictions, of just trying to not just protest, but 278 00:17:58,040 --> 00:18:01,520 Speaker 1: to obstruct and to undermine violate federal law. I mean 279 00:18:01,520 --> 00:18:04,959 Speaker 1: this reeks of the anti Bellum Confederacy, to which Abraham 280 00:18:05,040 --> 00:18:07,919 Speaker 1: Lincoln responded, among other things, with you guessed it the 281 00:18:07,960 --> 00:18:10,960 Speaker 1: Insurrection Act, which he invoked just a few days after 282 00:18:10,960 --> 00:18:13,560 Speaker 1: the Civil War began. So am I crazy? Or is 283 00:18:13,600 --> 00:18:14,560 Speaker 1: this how you see it as well? 284 00:18:15,520 --> 00:18:19,679 Speaker 2: Well? I mean it's you have Ellison who has become 285 00:18:19,680 --> 00:18:24,640 Speaker 2: the Confederates for Somali pirates and warlords and other fraudsters 286 00:18:25,160 --> 00:18:27,840 Speaker 2: in Minnesota. And you have to think about this is 287 00:18:27,880 --> 00:18:32,360 Speaker 2: the problem with immigration. You mass import people who do 288 00:18:32,480 --> 00:18:37,680 Speaker 2: not share our values, like Simolians, for example, who are 289 00:18:37,840 --> 00:18:40,639 Speaker 2: some of the dumbest people on the planets, some of 290 00:18:40,680 --> 00:18:42,639 Speaker 2: the most corrupt people on the planets, some of the 291 00:18:42,640 --> 00:18:46,280 Speaker 2: most violent people on the planets. That's why their nation 292 00:18:46,520 --> 00:18:49,639 Speaker 2: is failed because there are Somali pirates in warlords and 293 00:18:49,960 --> 00:18:54,960 Speaker 2: have the IQs of IQs of sixty five to to 294 00:18:55,080 --> 00:18:58,280 Speaker 2: seventy and we want to mass import them into the 295 00:18:58,400 --> 00:19:03,720 Speaker 2: United States. And I guess I would say this to 296 00:19:03,760 --> 00:19:10,640 Speaker 2: the Minnesota liberals. You managed to get duped and defraud 297 00:19:10,720 --> 00:19:13,720 Speaker 2: its by some of the dumbest people on the planets. 298 00:19:14,280 --> 00:19:16,679 Speaker 2: What the hell does that say about you as the 299 00:19:16,760 --> 00:19:20,040 Speaker 2: people of Minnesota that you allowed this to happen, not 300 00:19:20,200 --> 00:19:22,400 Speaker 2: just for a few weeks, not just for a few months, 301 00:19:22,400 --> 00:19:24,359 Speaker 2: you allow this to happen for like twenty five years. 302 00:19:24,760 --> 00:19:28,440 Speaker 2: You have been defrauded by the Somali warlords and pirates 303 00:19:28,680 --> 00:19:31,800 Speaker 2: when they're driving around in their range ropers to their 304 00:19:31,840 --> 00:19:37,920 Speaker 2: mansions and you have homeless US military veterans on your streets. 305 00:19:37,960 --> 00:19:41,199 Speaker 2: It's shameful what Minnesota has allowed to happen. And this 306 00:19:41,280 --> 00:19:46,960 Speaker 2: is why immigration is a federal concern determined by Congress, 307 00:19:47,000 --> 00:19:51,959 Speaker 2: so we don't have bulcanized American states like Minnesota, they 308 00:19:51,960 --> 00:19:55,879 Speaker 2: don't get to decide our population. That is, we the people, 309 00:19:56,000 --> 00:20:01,040 Speaker 2: the sovereign citizens of America, get to decide this. This 310 00:20:01,040 --> 00:20:03,399 Speaker 2: this idea that we're going to let the Third world 311 00:20:03,680 --> 00:20:07,360 Speaker 2: come to Minnesota. We have to pay for it through 312 00:20:07,400 --> 00:20:11,680 Speaker 2: federal medicaid, through federal grants that are being defrauded in 313 00:20:11,800 --> 00:20:15,719 Speaker 2: the tune of tens of billions of dollars around the country, 314 00:20:15,760 --> 00:20:18,920 Speaker 2: particularly in Minnesota. And then they're going to say, Okay, 315 00:20:18,920 --> 00:20:22,720 Speaker 2: we we have we have We've created loogadishue in Minnesota, 316 00:20:22,840 --> 00:20:26,880 Speaker 2: in Minneapolis, and if you try to stop the fraud, 317 00:20:27,400 --> 00:20:29,000 Speaker 2: We're going to have a civil war with you. We're 318 00:20:29,000 --> 00:20:33,000 Speaker 2: gonna We're going to encourage our law enforcement to arrest 319 00:20:33,640 --> 00:20:37,639 Speaker 2: ICE agents, Like are you kidding me? Are you trying 320 00:20:37,640 --> 00:20:41,680 Speaker 2: to get state and local law enforcement officers killed further 321 00:20:41,840 --> 00:20:45,680 Speaker 2: unlawful arrest of ICE agents. What what is the endgame 322 00:20:46,240 --> 00:20:51,040 Speaker 2: for Governor Tim Waltz and may Or Fred They they 323 00:20:51,359 --> 00:20:55,760 Speaker 2: do they want an armed conflict with the federal governments 324 00:20:55,920 --> 00:20:59,600 Speaker 2: so they can protect their fraud and corruption. How many 325 00:21:00,359 --> 00:21:04,959 Speaker 2: campaign donations are these Somali warlords, pirates and other fraudsters 326 00:21:05,000 --> 00:21:08,720 Speaker 2: giving to Tim Waltz to Jacob Pray, how many of 327 00:21:08,760 --> 00:21:12,120 Speaker 2: their friends and allies are on this Somali fraud Peewell. 328 00:21:12,200 --> 00:21:16,400 Speaker 2: I mean, this is shocking, it's sickening. It shows there's 329 00:21:16,440 --> 00:21:18,639 Speaker 2: a lot at stake for these guys if they're willing 330 00:21:18,680 --> 00:21:22,240 Speaker 2: to go to civil war with the federal government to 331 00:21:22,359 --> 00:21:26,480 Speaker 2: protect these Somali warlords, pirates and other prodstras. 332 00:21:27,080 --> 00:21:28,560 Speaker 1: It really does. And by the way, folks, for those 333 00:21:28,600 --> 00:21:30,200 Speaker 1: of you who don't know Mike as well as I do, 334 00:21:30,600 --> 00:21:33,320 Speaker 1: his ex handle is at Mr d d m i A. 335 00:21:33,520 --> 00:21:36,359 Speaker 1: The DMIA, if not mistaken, stands for Des Moines, Iowa, 336 00:21:36,760 --> 00:21:39,120 Speaker 1: which is where Mike from. I sense a little Hawkeye 337 00:21:39,160 --> 00:21:42,720 Speaker 1: state chauvinism in this bashing of your northerly neighbors Minnesota. 338 00:21:42,720 --> 00:21:45,240 Speaker 1: But frankly, you know, frankly, the people in Minnesota, I 339 00:21:45,480 --> 00:21:48,199 Speaker 1: grossly deserve it because they have brought this on themselves 340 00:21:48,240 --> 00:21:51,639 Speaker 1: and they are acting frankly in Jefferson Davis John C. 341 00:21:52,160 --> 00:21:55,560 Speaker 1: Calhoun style insurrections fashion. Stay with us with the break, folks. 342 00:21:55,600 --> 00:21:57,800 Speaker 1: Mike Davis again is the founder and president of the 343 00:21:57,880 --> 00:22:00,840 Speaker 1: ARG three Project. Follow us on the d Article three 344 00:22:00,880 --> 00:22:03,359 Speaker 1: project dot org. We'll be right back after the break. 345 00:22:03,359 --> 00:22:06,440 Speaker 1: With much more from the Viceroy himself. That's our friend 346 00:22:06,600 --> 00:22:15,199 Speaker 1: Mike Davis. Welcome back. We're still joined by Mike Davis, 347 00:22:15,200 --> 00:22:17,720 Speaker 1: who was the founder and president of the Article three projects. 348 00:22:17,920 --> 00:22:20,240 Speaker 1: He's the Viceroy. Follow him on x at Mr d 349 00:22:20,600 --> 00:22:23,479 Speaker 1: d M I A Mike. Lots of other stuff happening 350 00:22:23,560 --> 00:22:26,359 Speaker 1: in the legal world as well. When it comes to 351 00:22:27,520 --> 00:22:30,520 Speaker 1: not not just ice in Minneapolis. I want to get 352 00:22:30,560 --> 00:22:34,800 Speaker 1: your take on the recent Maduro raid in Venezuela. So 353 00:22:34,960 --> 00:22:37,639 Speaker 1: this happened, Mike, I keep the Jewish Sabbath, as you know, 354 00:22:37,680 --> 00:22:39,760 Speaker 1: this happened actually over the Jewish Sabbath, and I throw 355 00:22:39,800 --> 00:22:42,120 Speaker 1: my phone back on. I had like a million messages 356 00:22:42,160 --> 00:22:44,600 Speaker 1: like is this legal? How is it legal? How's justified? 357 00:22:45,119 --> 00:22:46,639 Speaker 1: And it makes a lot of sense to me. But 358 00:22:46,640 --> 00:22:48,359 Speaker 1: I think there are a lot of folks, some even 359 00:22:48,520 --> 00:22:51,720 Speaker 1: on our side on the right, who are struggling to 360 00:22:51,800 --> 00:22:54,120 Speaker 1: see this for what it is. And to me, there's 361 00:22:54,160 --> 00:22:56,720 Speaker 1: a lot of debate over the declare war clause and 362 00:22:56,800 --> 00:23:00,000 Speaker 1: foreign affairs, but it's not a foreign affairs issue actually, 363 00:23:00,200 --> 00:23:03,520 Speaker 1: properly speaking, it's really a law enforcement operation that happened 364 00:23:03,640 --> 00:23:06,560 Speaker 1: in Caracas earlier this month, isn't it yeah. 365 00:23:06,600 --> 00:23:10,159 Speaker 2: I mean, think about this. You had President Barack Obama 366 00:23:10,520 --> 00:23:15,720 Speaker 2: who ordered the extra judicial drone strikes and killings of 367 00:23:15,800 --> 00:23:21,880 Speaker 2: American citizens, including a minor, and we have no problem 368 00:23:21,920 --> 00:23:24,760 Speaker 2: with that on the left. But now that President Trump 369 00:23:24,800 --> 00:23:29,080 Speaker 2: is in office, when he went and executed an arrest 370 00:23:29,160 --> 00:23:36,600 Speaker 2: warrant for a narco terrorist leader, Maduro and his wife, somehow, 371 00:23:37,080 --> 00:23:41,240 Speaker 2: that is a constitutional crisis. Not only did President Trump 372 00:23:41,280 --> 00:23:45,320 Speaker 2: have the constitutional and statutory power to do what he did, 373 00:23:45,320 --> 00:23:49,720 Speaker 2: he had the duty. There was an outstanding arrest warrant, 374 00:23:49,720 --> 00:23:53,040 Speaker 2: and it's the president's job to take care that our 375 00:23:53,160 --> 00:23:57,280 Speaker 2: laws are faithfully executed. And that is exactly what he did. 376 00:23:57,280 --> 00:24:00,560 Speaker 2: It's similar to what happened with Noriega and pan of Bob. 377 00:24:00,760 --> 00:24:04,240 Speaker 2: This was not a war. This was execution of an 378 00:24:04,320 --> 00:24:09,240 Speaker 2: arrest warrant. And now Ladureau is in Justice Department custody. 379 00:24:09,320 --> 00:24:11,960 Speaker 2: He's in the Bureau of Federal Prisons, and you'll go 380 00:24:12,080 --> 00:24:15,879 Speaker 2: through federal trial with a federal judge and the federal 381 00:24:15,960 --> 00:24:19,200 Speaker 2: jury and the federal prosecution, and they'll decide his faith. 382 00:24:19,840 --> 00:24:23,679 Speaker 1: Yeah, they will, and his fate, whatever it is, Frankie 383 00:24:23,720 --> 00:24:26,320 Speaker 1: will be more than deserved because like many of these 384 00:24:26,400 --> 00:24:28,720 Speaker 1: Narco terrorists. He has a lot of American blood on 385 00:24:28,760 --> 00:24:30,960 Speaker 1: his hands, not necessarily in the form of shoot a 386 00:24:31,040 --> 00:24:34,159 Speaker 1: point blank range murder, but in terms of drug overdoses, 387 00:24:34,200 --> 00:24:36,760 Speaker 1: something that for to many American families know way, way, 388 00:24:37,200 --> 00:24:38,320 Speaker 1: way too much about. 389 00:24:38,840 --> 00:24:39,000 Speaker 2: Mike. 390 00:24:39,240 --> 00:24:40,840 Speaker 1: Another thing that you and I do at the arg 391 00:24:40,920 --> 00:24:43,280 Speaker 1: three project is we pay close attention as a name 392 00:24:43,280 --> 00:24:47,280 Speaker 1: would apply to Article three to the courts. No shortage 393 00:24:47,320 --> 00:24:51,040 Speaker 1: of big cases on the Supreme Court docket. This particular term, 394 00:24:51,440 --> 00:24:54,399 Speaker 1: the one that I find to be most kind of 395 00:24:54,440 --> 00:24:57,080 Speaker 1: attracted to on a personal level. It might not be 396 00:24:57,119 --> 00:25:01,120 Speaker 1: the one that's getting most headlines is the birthright slaizenship case. 397 00:25:01,480 --> 00:25:03,200 Speaker 1: So this is a big question kind of about Donald 398 00:25:03,200 --> 00:25:06,439 Speaker 1: Trump's Day one executive order that says that the fourteenth 399 00:25:06,440 --> 00:25:10,720 Speaker 1: Amendment does not require birthright citizenship for the children of 400 00:25:10,800 --> 00:25:13,399 Speaker 1: legal aliens. Now, I buy this argument, hook, climent and Sinker. 401 00:25:13,440 --> 00:25:16,359 Speaker 1: I've been arguing this since I was a law student 402 00:25:16,440 --> 00:25:19,800 Speaker 1: over over a decade ago. I guess the question for you, Mike. 403 00:25:20,119 --> 00:25:22,800 Speaker 1: Many can kind of briefly explain what the rationale is, 404 00:25:22,880 --> 00:25:25,960 Speaker 1: but more than that, I'm curious is this going to succeed. 405 00:25:26,160 --> 00:25:27,440 Speaker 1: I think a lot of folks look at the current 406 00:25:27,480 --> 00:25:29,440 Speaker 1: court and they get very wildly trying to find five 407 00:25:29,480 --> 00:25:31,280 Speaker 1: votes there. So do you think that that administration has 408 00:25:31,320 --> 00:25:32,680 Speaker 1: a real chance of winning on this case? 409 00:25:33,800 --> 00:25:39,480 Speaker 2: The trub administration's position of birthrights citizenship is legally one 410 00:25:39,880 --> 00:25:43,600 Speaker 2: percent correct. And let's talk about that. We the people 411 00:25:43,640 --> 00:25:47,000 Speaker 2: again are the sovereign citizens of America. Our most crucial 412 00:25:47,080 --> 00:25:50,879 Speaker 2: sovereign power is to control our citizen is to control 413 00:25:50,920 --> 00:25:53,879 Speaker 2: our border, to control our population. We never gave that away. 414 00:25:54,600 --> 00:25:57,879 Speaker 2: After the Civil War, we had the Thirteenth Amendment to 415 00:25:57,920 --> 00:26:01,400 Speaker 2: outlast slavery, the fourteenth amend by due process and equal 416 00:26:01,440 --> 00:26:05,240 Speaker 2: protection to freed male slaves that was extended as women 417 00:26:05,240 --> 00:26:07,720 Speaker 2: with the nineteenth Amendment of them voting rights under the 418 00:26:07,760 --> 00:26:11,200 Speaker 2: fifteenth Amendment for the freed male slaves again extended under 419 00:26:11,200 --> 00:26:14,560 Speaker 2: the nineteenth amendments. As part of the fourteenth Amendment, we 420 00:26:14,640 --> 00:26:19,119 Speaker 2: had birthright citizenship for the freed slaves, for the children 421 00:26:19,160 --> 00:26:22,400 Speaker 2: of the freed slaves. In that Fourteenth Amendment, it talks 422 00:26:22,440 --> 00:26:25,960 Speaker 2: about persons born in the US subject to the jurisdiction 423 00:26:26,560 --> 00:26:29,600 Speaker 2: of the United States get birthright citizenship subject to the 424 00:26:29,680 --> 00:26:33,919 Speaker 2: jurisdiction is the key subject to the jurisdiction means that 425 00:26:33,960 --> 00:26:39,280 Speaker 2: you're loyal to the United States. The children born in 426 00:26:39,320 --> 00:26:43,160 Speaker 2: the United States to foreign ambassadors do not have birthright 427 00:26:43,240 --> 00:26:47,199 Speaker 2: citizenship because they're not subject to the jurisdiction of the 428 00:26:47,280 --> 00:26:50,359 Speaker 2: United States. They're subject to the jurisdiction of the foreign 429 00:26:50,400 --> 00:26:55,400 Speaker 2: country from where they came. Americans Indians were not subject 430 00:26:56,000 --> 00:26:59,280 Speaker 2: to the jurisdiction of the United States. Congress had to 431 00:26:59,320 --> 00:27:04,800 Speaker 2: extend birth right citizenship to American Indians through statues. So 432 00:27:04,960 --> 00:27:11,920 Speaker 2: ask this dispositive question, if American Indians do not have 433 00:27:12,040 --> 00:27:16,840 Speaker 2: birthright citizenship under the fourteenth Amendment to the Constitution, how 434 00:27:16,880 --> 00:27:20,960 Speaker 2: the hell would illegal aliens And the answer is clear, 435 00:27:21,440 --> 00:27:25,600 Speaker 2: It's easy. They do not right. If Congress wants to 436 00:27:25,640 --> 00:27:30,600 Speaker 2: give the children of illegal aliens birthright citizenship, Congress can 437 00:27:30,640 --> 00:27:33,480 Speaker 2: do that through statute like it did for American Indians. 438 00:27:33,520 --> 00:27:36,399 Speaker 2: But for this idea that the courts are just going 439 00:27:36,480 --> 00:27:42,680 Speaker 2: to invent birthright citizenship for twenty million illegal alien aliens 440 00:27:43,000 --> 00:27:48,920 Speaker 2: children is a It is the It is the biggest 441 00:27:49,040 --> 00:27:53,800 Speaker 2: violation of our sovereign power, of our sovereign rights as 442 00:27:53,840 --> 00:27:56,480 Speaker 2: we the people, the sovereign citizens of America that you 443 00:27:56,560 --> 00:28:02,240 Speaker 2: can imagine that courts just hand out citizenship like this 444 00:28:02,400 --> 00:28:07,639 Speaker 2: when it's not authorized by LAMB is a grave violation 445 00:28:08,000 --> 00:28:09,919 Speaker 2: of we the people's sovereign power. 446 00:28:10,680 --> 00:28:13,400 Speaker 1: This sactue that they're talking about is this Calvin Coolish 447 00:28:13,440 --> 00:28:16,160 Speaker 1: era statue in nineteen twenty four of the Indian Citisens shipbats. 448 00:28:16,160 --> 00:28:18,719 Speaker 1: I agree, that's totally despositive about the way. If if 449 00:28:18,760 --> 00:28:20,960 Speaker 1: the children of American Indians were not subject to the 450 00:28:21,040 --> 00:28:24,280 Speaker 1: jurisdiction in eighteen sixty eight when the Fourthy Moment was ratified, 451 00:28:24,280 --> 00:28:26,639 Speaker 1: then I have no idea how to hack the children 452 00:28:26,680 --> 00:28:28,960 Speaker 1: of those who legally are not even here. You know, 453 00:28:29,000 --> 00:28:30,760 Speaker 1: they you know, they could be officially here, they could 454 00:28:30,760 --> 00:28:33,400 Speaker 1: have residents, but legally illegal aliens are not actually here. 455 00:28:33,440 --> 00:28:35,479 Speaker 1: So I have no idea, frankly, how this argument ever 456 00:28:35,520 --> 00:28:38,200 Speaker 1: got accepted. God willing, the court will do the right thing. 457 00:28:38,920 --> 00:28:41,680 Speaker 1: At least one final court case I want to get 458 00:28:41,720 --> 00:28:43,560 Speaker 1: your take on, and that's the big tariff's case. I 459 00:28:43,600 --> 00:28:45,280 Speaker 1: think a lot of folks are paying very close attention. 460 00:28:45,320 --> 00:28:46,640 Speaker 1: What's the court going to do when it comes to 461 00:28:46,680 --> 00:28:50,320 Speaker 1: Donald Trump's tariffs. The big question here is the perceived 462 00:28:50,440 --> 00:28:54,240 Speaker 1: disonance between Article one, Section eight congressional power to levy 463 00:28:54,640 --> 00:28:58,440 Speaker 1: duties impost taxes versus this late nineteen seventy statute for 464 00:28:58,520 --> 00:29:02,280 Speaker 1: emergency economic powers that the administrations relying upon. How do 465 00:29:02,320 --> 00:29:03,560 Speaker 1: you see this one breaking up? 466 00:29:04,880 --> 00:29:08,840 Speaker 2: Well, that's a good question. The Congress definitely has the 467 00:29:08,920 --> 00:29:14,000 Speaker 2: power over tariffs under the Constitution. That Congress also delegates 468 00:29:14,400 --> 00:29:16,920 Speaker 2: a lot of this power to the president. If you 469 00:29:16,960 --> 00:29:19,280 Speaker 2: look at the Youngstown Steel case, which is an old 470 00:29:19,320 --> 00:29:22,680 Speaker 2: Supreme Court case, the president is at the apex of 471 00:29:22,720 --> 00:29:26,520 Speaker 2: his power when these in foreign affairs, which tariffs are 472 00:29:26,520 --> 00:29:29,760 Speaker 2: in foreign affairs, and you have a congressional delegation of power, 473 00:29:29,800 --> 00:29:32,160 Speaker 2: which is exactly what you have here. So if the 474 00:29:32,200 --> 00:29:36,440 Speaker 2: Supreme Court follows precedents, if they follow the Youngstown Steel 475 00:29:36,480 --> 00:29:40,120 Speaker 2: President President Trump should win. If they don't follow President 476 00:29:40,120 --> 00:29:44,240 Speaker 2: because they want to be a political activist because it's 477 00:29:44,280 --> 00:29:48,080 Speaker 2: Trump instead of Biden, you could see you could. 478 00:29:47,880 --> 00:29:50,840 Speaker 3: See President Trump loser. You could see some kind of 479 00:29:50,840 --> 00:29:53,440 Speaker 3: split the baby thing where they have a tiered system, 480 00:29:54,360 --> 00:29:58,040 Speaker 3: you know, some balancing tests, some weird tests that squishy 481 00:29:58,880 --> 00:30:02,000 Speaker 3: lawless justices do when they want to be politicians in ropes. 482 00:30:02,520 --> 00:30:05,040 Speaker 1: You know the Youngstown case. Actually that's a really nice example. 483 00:30:05,160 --> 00:30:07,680 Speaker 1: This is the Harry Truman Steele Seize Your case and 484 00:30:07,720 --> 00:30:10,880 Speaker 1: You're totally right that when the president is acting on 485 00:30:11,000 --> 00:30:13,920 Speaker 1: delegate authority in foreign affairs, that really is the height 486 00:30:13,960 --> 00:30:16,080 Speaker 1: of his power. I also make another argument as well, 487 00:30:16,680 --> 00:30:19,880 Speaker 1: which is that President Trump, I think, views tariffs as 488 00:30:19,880 --> 00:30:22,600 Speaker 1: an emergency issue because he cares a lot about the 489 00:30:22,640 --> 00:30:26,720 Speaker 1: balance of trade, So he genuinely, subjectively, perhaps objective, but subjective, 490 00:30:26,840 --> 00:30:29,880 Speaker 1: views trade as an economic emergency. So I think that 491 00:30:29,960 --> 00:30:33,040 Speaker 1: on those grounds he's probably justified as well. Mike Bill 492 00:30:33,080 --> 00:30:35,200 Speaker 1: could before I let you go again, follows folks at 493 00:30:35,280 --> 00:30:38,200 Speaker 1: Article three project dot org. What is the number one 494 00:30:38,280 --> 00:30:41,440 Speaker 1: priority that you would like to convey to this audience 495 00:30:41,440 --> 00:30:43,440 Speaker 1: when it comes to what we at A three p 496 00:30:43,560 --> 00:30:45,640 Speaker 1: are pushing right now? What is number one priority? And 497 00:30:45,680 --> 00:30:47,880 Speaker 1: how can the listeners of viewers get involved. 498 00:30:48,920 --> 00:30:53,600 Speaker 2: I think that this lawfare and judicial sabotage against the 499 00:30:53,720 --> 00:30:57,320 Speaker 2: duly elected president of the United States is a direct 500 00:30:57,320 --> 00:31:02,320 Speaker 2: assault on we the people, and it's unacceptable. This idea 501 00:31:03,040 --> 00:31:11,080 Speaker 2: that judges can control our population, control our citizenship, controller 502 00:31:11,080 --> 00:31:15,840 Speaker 2: of borders is completely totally unacceptable. We've been fighting that ferociously. 503 00:31:15,920 --> 00:31:18,440 Speaker 2: We fought the lawfare before the election to help President 504 00:31:18,440 --> 00:31:20,840 Speaker 2: Trump get back an office, and now we're fighting the 505 00:31:20,920 --> 00:31:25,440 Speaker 2: judicial sabotage while he's in office. The judicial. We're winning 506 00:31:25,480 --> 00:31:28,400 Speaker 2: in all these fronts again. Now Democrats are turning to 507 00:31:28,480 --> 00:31:31,320 Speaker 2: violence on the street, so we need to push the 508 00:31:31,560 --> 00:31:35,560 Speaker 2: Justice Department to start arresting these people for insurrection, for 509 00:31:35,680 --> 00:31:41,240 Speaker 2: seditious conspiracy, for assault, kidnapping, conspiracy, harboring, many other federal felonies. 510 00:31:41,280 --> 00:31:44,440 Speaker 2: And you can go to article three Projects dot org, 511 00:31:44,560 --> 00:31:47,480 Speaker 2: article number three project dot org take action, donate all 512 00:31:47,480 --> 00:31:50,280 Speaker 2: of us on social media, and Josh Hammer, you have 513 00:31:50,320 --> 00:31:53,120 Speaker 2: been a warrior for us for many years, so I 514 00:31:53,240 --> 00:31:56,560 Speaker 2: really appreciate that all that you do. Congrats. I'm making 515 00:31:56,560 --> 00:31:59,720 Speaker 2: it big time. Now it's hammer time. It's your prime 516 00:31:59,760 --> 00:32:02,160 Speaker 2: time hammer time, So congrats on all you do. 517 00:32:02,360 --> 00:32:04,560 Speaker 1: Mike, Mike, we love you, man the Viceroy. Follow him 518 00:32:04,560 --> 00:32:08,320 Speaker 1: on x at mrd DMIA. I'm Josh Hammer. We'll be 519 00:32:08,360 --> 00:32:10,200 Speaker 1: right back after a short commercial break. Make sure to 520 00:32:10,240 --> 00:32:10,560 Speaker 1: stay with. 521 00:32:10,640 --> 00:32:15,320 Speaker 3: Us, folks. 522 00:32:16,600 --> 00:32:20,560 Speaker 1: I'm Josh Hammer. Welcome back, Mike Davis, great friend of 523 00:32:20,600 --> 00:32:23,360 Speaker 1: the show. Also again my colleague at the article three projects. 524 00:32:23,560 --> 00:32:25,560 Speaker 1: I'm very proud of the work that we do at 525 00:32:25,760 --> 00:32:28,080 Speaker 1: a three P as we call it. Make sure again 526 00:32:28,240 --> 00:32:31,600 Speaker 1: check us out Article three project dot org. There's plenty 527 00:32:31,640 --> 00:32:33,520 Speaker 1: of big cases at the US Supreme Court going on 528 00:32:33,720 --> 00:32:36,560 Speaker 1: right now. I want to briefly elaborate for now on 529 00:32:36,720 --> 00:32:38,920 Speaker 1: the tariff case that Mike and I were discussing. So, 530 00:32:39,680 --> 00:32:44,200 Speaker 1: the statutory basis that Donald Trump invoked to justify his 531 00:32:44,240 --> 00:32:47,760 Speaker 1: reciprocal tariffs, which he first introduced in so called Liberation 532 00:32:47,840 --> 00:32:50,840 Speaker 1: Day at the Rosegarn the White House last April, was 533 00:32:50,880 --> 00:32:55,160 Speaker 1: this late nineteen seventies era emergency economic statue that comes 534 00:32:55,160 --> 00:32:58,240 Speaker 1: from the Jimmy Carter presidency, and the argument that his 535 00:32:58,240 --> 00:33:01,680 Speaker 1: administration has made is that the use of tariffs are 536 00:33:01,720 --> 00:33:05,120 Speaker 1: in emergency power, that they can be justified here as 537 00:33:05,160 --> 00:33:09,120 Speaker 1: an emergency economic use. Mike made a very clever argument. 538 00:33:09,440 --> 00:33:11,240 Speaker 1: It's really kind of out of a con law one 539 00:33:11,240 --> 00:33:15,000 Speaker 1: oh one class during law school, which is this case 540 00:33:15,200 --> 00:33:18,360 Speaker 1: from President Harry Truman in the early nineteen fifties called 541 00:33:18,360 --> 00:33:21,600 Speaker 1: the steel Seizure case, where in the context of trying 542 00:33:21,600 --> 00:33:25,360 Speaker 1: to get supplies for the Korean War, President Truman went 543 00:33:25,400 --> 00:33:29,040 Speaker 1: ahead and, acting on congressionally delegated power that was debated, 544 00:33:29,040 --> 00:33:33,200 Speaker 1: but acting nominally on that kind of power, went ahead 545 00:33:33,240 --> 00:33:36,400 Speaker 1: and seized some steel mass. And the court does have 546 00:33:36,440 --> 00:33:41,800 Speaker 1: this famous reasoning where they say that the president sometimes 547 00:33:41,840 --> 00:33:44,280 Speaker 1: acts at the lowest ebb of his power, the highest point. 548 00:33:44,760 --> 00:33:49,040 Speaker 1: When Congress delegates power, that's when the president acts at 549 00:33:49,040 --> 00:33:51,640 Speaker 1: its highest point. The real question here is whether or 550 00:33:51,680 --> 00:33:55,720 Speaker 1: not this is a clear enough delegation. The folks on 551 00:33:55,720 --> 00:33:58,640 Speaker 1: the other side say they like to cite Anthony Scalia, 552 00:33:59,080 --> 00:34:02,480 Speaker 1: who Longo said the Congress does not hide elephants in 553 00:34:02,520 --> 00:34:05,800 Speaker 1: mouse houls, that when Congress wants to delegate a big thing, 554 00:34:06,280 --> 00:34:09,480 Speaker 1: for instance, they would argue, like tariffs, then they have 555 00:34:09,560 --> 00:34:12,880 Speaker 1: to articulate that a little more clearly and crisply. You 556 00:34:12,920 --> 00:34:17,120 Speaker 1: can't just subsume tariffs into emergency. The other side that argument, 557 00:34:17,520 --> 00:34:19,680 Speaker 1: as I said to Mike, is that at least for 558 00:34:19,719 --> 00:34:23,879 Speaker 1: this president, tariffs really are an emergency. Why. Because Donald 559 00:34:23,920 --> 00:34:26,680 Speaker 1: Trump is a big mercantilist. He's a big balance of 560 00:34:26,719 --> 00:34:28,880 Speaker 1: trade guy. You might love that, you might hate that. 561 00:34:29,520 --> 00:34:32,680 Speaker 1: It might be a hardcore las a fair free trader, 562 00:34:33,200 --> 00:34:35,160 Speaker 1: which typically means that you don't really care about the 563 00:34:35,160 --> 00:34:37,120 Speaker 1: balance of trade. So it means that you you support 564 00:34:37,160 --> 00:34:40,840 Speaker 1: in an export based economy, not an import based economy. 565 00:34:40,880 --> 00:34:44,839 Speaker 1: So probably you hate you hate tariffs. Doesn't matter because 566 00:34:44,880 --> 00:34:47,560 Speaker 1: Donald Trump does not view it that way. Donald Trump 567 00:34:47,719 --> 00:34:53,000 Speaker 1: views mercantilism bounces of trade as being sound economic theory. Again, 568 00:34:53,000 --> 00:34:54,840 Speaker 1: I don't really care what you think, telling you how 569 00:34:54,880 --> 00:34:57,200 Speaker 1: Donald Trum approaches this. So for him, the notion that 570 00:34:57,239 --> 00:35:02,120 Speaker 1: America runs gargantuan trade deficits, or at least did for 571 00:35:02,200 --> 00:35:04,480 Speaker 1: years and years and years, decades, decades, a decadees, especially 572 00:35:04,480 --> 00:35:08,480 Speaker 1: as the post Cold War neoliberal order really took off. 573 00:35:09,680 --> 00:35:13,160 Speaker 1: He views that as a big problem as dare I say, 574 00:35:13,280 --> 00:35:20,200 Speaker 1: an emergency, thereby requiring some sort of emergency power. So 575 00:35:20,600 --> 00:35:23,520 Speaker 1: to me, that is one of the more compelling arguments 576 00:35:23,560 --> 00:35:26,640 Speaker 1: why I think the court might uphold the tariffs. But 577 00:35:27,160 --> 00:35:30,279 Speaker 1: I don't necessarily know that they're gonna do it. I 578 00:35:30,280 --> 00:35:33,600 Speaker 1: think it's gonna be a very close call. I generally 579 00:35:33,680 --> 00:35:36,120 Speaker 1: hesitate to make a prediction on the tariff case. We'll see. 580 00:35:36,280 --> 00:35:38,960 Speaker 1: I certainly hope though, that Secretary Bessends and the other 581 00:35:39,000 --> 00:35:42,279 Speaker 1: ECONO policy makers they're in the administration, so they have 582 00:35:42,400 --> 00:35:45,880 Speaker 1: a backup plan in place when it comes to trying 583 00:35:45,920 --> 00:35:48,360 Speaker 1: to know what to do with this if the tariff 584 00:35:48,400 --> 00:35:51,880 Speaker 1: case does indeed go the wrong way and the administration loses, 585 00:35:52,040 --> 00:35:54,160 Speaker 1: I'm sure they have something in mind. I don't pretend 586 00:35:54,160 --> 00:35:57,399 Speaker 1: to know exactly exactly what that is. Perhaps the even 587 00:35:57,719 --> 00:36:00,279 Speaker 1: broader question, though, which Mike was gonna add towards the 588 00:36:00,360 --> 00:36:03,839 Speaker 1: end of our conversation, is his notion of judicial sabotage 589 00:36:03,880 --> 00:36:07,480 Speaker 1: and judicial insurrection. More generally, it's been an issue plaguing 590 00:36:07,520 --> 00:36:11,560 Speaker 1: Donald Trump since his very first days in office. During 591 00:36:11,600 --> 00:36:15,480 Speaker 1: the first Donald Trump term, the very first term, he 592 00:36:15,560 --> 00:36:20,960 Speaker 1: faced more so called nationwide injunctions than the first forty 593 00:36:20,960 --> 00:36:24,600 Speaker 1: four presidents combined, somewhere between sixty and seventy by a 594 00:36:24,680 --> 00:36:29,879 Speaker 1: rough count, and thus far just in the first year. 595 00:36:30,600 --> 00:36:32,960 Speaker 1: It's now year to the day on the first year 596 00:36:33,000 --> 00:36:38,080 Speaker 1: to the day of this second administration, depending on how 597 00:36:38,080 --> 00:36:40,600 Speaker 1: you count, that he's faced just as many, potentially even 598 00:36:40,680 --> 00:36:44,440 Speaker 1: more than he faced his entire first term. This is 599 00:36:44,480 --> 00:36:46,840 Speaker 1: in spite, by the way, in spite of the Supreme 600 00:36:46,840 --> 00:36:50,479 Speaker 1: Courts fairly clear ruling not crystal clear, but fairly clear 601 00:36:50,560 --> 00:36:54,799 Speaker 1: ruling last summer in the Casa case, a case that 602 00:36:54,840 --> 00:36:58,080 Speaker 1: was initially litigated as a birthrights Isn't Your case, but 603 00:36:58,160 --> 00:37:01,239 Speaker 1: had its procedure changed throughout the litigation. It became a 604 00:37:01,280 --> 00:37:04,319 Speaker 1: case about the legitimacy or lack thereof of so called 605 00:37:04,400 --> 00:37:08,319 Speaker 1: nationwide universal injunctions, and there any Cony Barrett, writing for 606 00:37:08,360 --> 00:37:12,680 Speaker 1: the Court, wrote pretty clearly that with some very very 607 00:37:12,760 --> 00:37:16,560 Speaker 1: very very very tiny exceptions dispensations from the rule niche Wie, 608 00:37:16,600 --> 00:37:20,320 Speaker 1: injunctions are bumpkin their garbage. They offend our constitutional tradition. 609 00:37:21,960 --> 00:37:25,960 Speaker 1: Why because the judgment power, the judicial power of which 610 00:37:26,040 --> 00:37:28,600 Speaker 1: Article three of the Constitutions be speaking in theudiciary is 611 00:37:28,640 --> 00:37:31,719 Speaker 1: the power of a court to bind the named litigants 612 00:37:31,800 --> 00:37:36,560 Speaker 1: to a certain lawsuit no one else. And yet they 613 00:37:36,600 --> 00:37:40,920 Speaker 1: keep on going, don't they? How many so called sweeping 614 00:37:40,920 --> 00:37:43,759 Speaker 1: injunctions to bind not just the parts of the case. 615 00:37:43,960 --> 00:37:47,080 Speaker 1: Have we seen just since the Casta case last June, 616 00:37:48,320 --> 00:37:54,120 Speaker 1: whether it's Judge Michelle Boardman, Judge Jeb Bosburg, Judge McConnell 617 00:37:54,160 --> 00:37:56,480 Speaker 1: up in New England, a guy who was trying to 618 00:37:56,520 --> 00:38:00,960 Speaker 1: hold trumdministrators visuals in contempt a contempt of court last year. 619 00:38:02,400 --> 00:38:07,480 Speaker 1: The chutzba of these lower courts robes tyrants. Have they 620 00:38:07,520 --> 00:38:10,680 Speaker 1: not read Alexander Hamilton in the Federal seventy eight? Have 621 00:38:10,760 --> 00:38:17,120 Speaker 1: they not read Hamilton explaining explicating quite clearly that the 622 00:38:17,280 --> 00:38:21,080 Speaker 1: justiciary is quote the least dangerous, the least dangerous of 623 00:38:21,120 --> 00:38:24,759 Speaker 1: the branches because it has neither force nor will, but 624 00:38:24,840 --> 00:38:32,880 Speaker 1: merely judgment. Hamilton explains this, I think extremely clearly. Kiashu 625 00:38:32,960 --> 00:38:36,680 Speaker 1: goes on to say that this is because they depend 626 00:38:36,719 --> 00:38:40,400 Speaker 1: that to say, the judges depend upon the efficacy of 627 00:38:40,520 --> 00:38:44,360 Speaker 1: the executive branch even for the enforcement of their own judgment. 628 00:38:44,920 --> 00:38:48,840 Speaker 1: In other words, they don't even judges can't even enforce 629 00:38:48,880 --> 00:38:52,799 Speaker 1: their own judgments to this day, they rely on the 630 00:38:52,880 --> 00:38:55,759 Speaker 1: US marshals in theory to do that. We are the 631 00:38:55,840 --> 00:38:59,839 Speaker 1: US marshals institutionally bureaucratically housed. Are they part of Article 632 00:38:59,840 --> 00:39:02,080 Speaker 1: three the courts? No, they're actually part of articles too, 633 00:39:02,120 --> 00:39:05,439 Speaker 1: the doja at the executive branch. So to this day 634 00:39:05,480 --> 00:39:09,800 Speaker 1: Hamilton's warning is true. Another man who ordered a warning 635 00:39:09,800 --> 00:39:14,640 Speaker 1: on this, a great man, is Antonin Scalia. We just 636 00:39:14,680 --> 00:39:16,440 Speaker 1: mentioned a few minutes ago in the context of his 637 00:39:16,600 --> 00:39:20,560 Speaker 1: famous adage about Congress not hiding elephants and nousols. He 638 00:39:20,640 --> 00:39:24,680 Speaker 1: was talking there about how to interpret its statutes. Here 639 00:39:24,719 --> 00:39:26,880 Speaker 1: I want to read for you the final paragraph of 640 00:39:26,960 --> 00:39:31,680 Speaker 1: Antony Scalia's vociferous descent, as he was known to do. 641 00:39:32,480 --> 00:39:35,760 Speaker 1: In the same sex marriage case O Bergfeld versus Hodges, 642 00:39:36,560 --> 00:39:41,800 Speaker 1: the case that erroneously constitutionalized same sex marriage in twenty fifteen, 643 00:39:41,880 --> 00:39:47,319 Speaker 1: in a wild naked act of pure judicial usurpation of 644 00:39:47,360 --> 00:39:49,799 Speaker 1: the ability of the people to define what is and 645 00:39:49,840 --> 00:39:53,840 Speaker 1: what is not a marriage. Here was antonin Scalia concluding 646 00:39:53,880 --> 00:40:00,640 Speaker 1: his quite quite amusing and enjoyable descent. Hubris is sometimes 647 00:40:00,640 --> 00:40:04,280 Speaker 1: defined as overweening pride, and pride we know goes before 648 00:40:04,320 --> 00:40:07,320 Speaker 1: a fall. The judiciary is the least dangerous to the 649 00:40:07,360 --> 00:40:10,360 Speaker 1: federal branches because it has neither force nor will, but 650 00:40:10,440 --> 00:40:14,160 Speaker 1: merely judgment, and must ultimately depend upon the aid of 651 00:40:14,200 --> 00:40:17,640 Speaker 1: the executive arm and the States even for the efficacy 652 00:40:17,719 --> 00:40:21,680 Speaker 1: of its judgments. With each decision of ours that takes 653 00:40:21,719 --> 00:40:24,960 Speaker 1: from the people a question properly left to them, With 654 00:40:25,120 --> 00:40:28,400 Speaker 1: each decision that is unabashedly based not on law, but 655 00:40:28,480 --> 00:40:32,080 Speaker 1: on the reason judgment of a bare majority of this court, 656 00:40:32,880 --> 00:40:35,200 Speaker 1: we move one step closer to being reminded of our 657 00:40:35,239 --> 00:40:41,080 Speaker 1: own impact. I think he had it right with every 658 00:40:41,120 --> 00:40:45,040 Speaker 1: act of judicial usurpation. Every time that Jeb Bosberg tells 659 00:40:45,080 --> 00:40:48,920 Speaker 1: a plane to turn around when the plane is transporting 660 00:40:48,960 --> 00:40:52,840 Speaker 1: legal aliens out of the country, any judge that says stop, 661 00:40:53,000 --> 00:40:57,440 Speaker 1: you can't end TPS temporary protective status has become an 662 00:40:57,520 --> 00:41:02,000 Speaker 1: amnancy program for Honduran small these lots of others. That 663 00:41:02,080 --> 00:41:06,520 Speaker 1: judge is overstepping his or her legitimate boundaries of his 664 00:41:06,640 --> 00:41:11,319 Speaker 1: proper Article three federal jurisdiction and beyond the confines. What 665 00:41:11,440 --> 00:41:13,799 Speaker 1: the jugital power of Article three, Section one, Clause one 666 00:41:13,800 --> 00:41:18,759 Speaker 1: properly means. The onus at this point is on the 667 00:41:18,800 --> 00:41:21,920 Speaker 1: Congress and the Executive branch to go even further than 668 00:41:21,960 --> 00:41:26,600 Speaker 1: they already have to actually remind the courts, as sclea 669 00:41:26,640 --> 00:41:30,840 Speaker 1: pudd It of their own impotence. Ideally, that requires Congress 670 00:41:30,840 --> 00:41:33,480 Speaker 1: to act. There's only so much the executive branch can 671 00:41:33,520 --> 00:41:37,440 Speaker 1: do of its own accord. Congress should start defunding judges. 672 00:41:37,520 --> 00:41:39,920 Speaker 1: Chip roy On the House User Committe's been proposing exactly that. 673 00:41:39,960 --> 00:41:43,360 Speaker 1: When it comes to judges Bosberg Andenbornment, defund them, strip 674 00:41:43,440 --> 00:41:48,319 Speaker 1: them of jurisdiction, impeach them. There's lots of things you 675 00:41:48,360 --> 00:41:50,800 Speaker 1: can do. Congress has more power than they care to 676 00:41:50,840 --> 00:41:53,600 Speaker 1: utilize in this area. It's been one years that's Trump 677 00:41:53,719 --> 00:41:56,560 Speaker 1: was sworn in, and the audital insurrection, as its gust 678 00:41:56,600 --> 00:41:59,440 Speaker 1: of Mike Davis is still raging. One of my wishes 679 00:41:59,440 --> 00:42:01,560 Speaker 1: for year two, the Trump presidency is to see this 680 00:42:01,600 --> 00:42:05,320 Speaker 1: digital insurrection quashed, just like the insurrection that's been underway 681 00:42:05,400 --> 00:42:09,399 Speaker 1: in Minneapolis after the Renee Good shooting. I'm Josh Hammer 682 00:42:09,440 --> 00:42:11,200 Speaker 1: who hoping that you have enjoyed today's episode of The 683 00:42:11,239 --> 00:42:13,320 Speaker 1: Josh Hammer Show. Make sure to watch the subscribe wherever 684 00:42:13,360 --> 00:42:15,880 Speaker 1: you get your podcast, watch us in the Sale news channel. 685 00:42:15,920 --> 00:42:17,200 Speaker 1: We'll be right back tomorrow. 686 00:42:21,520 --> 00:42:24,800 Speaker 2: The Josh Hammer Show is a member of the Trust Project.