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Speaker 1: Why from the Heartbayer and the Crossroads of America.

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Speaker 2: It's Tony Katz today.

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Speaker 3: Atute about one product two thirty two is article by article,

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Speaker 3: it's one product. This is a billion products or even

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Speaker 3: more that the government is seeking. Gonquin was expressly a

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Speaker 3: trade statute. It was the nineteen sixty two Trade Act.

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Speaker 2: It's everything. This case isn't.

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Speaker 3: Algonquin had a specific reference to the word duties in

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Speaker 3: a separate provision. Algonquin had a legislative history that was

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Speaker 3: clear as day that the president was the president was

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Speaker 3: given this power. And I understand this court today doesn't

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Speaker 3: look to the legislative history. But the way Algonquin got

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Speaker 3: to where it was was by saying the legislative history

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Speaker 3: the chief sponsor of the act.

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Speaker 2: I think I'll disagree with you on that.

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Speaker 4: It does a plain text, and then says, is there

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Speaker 4: anything in the legislative history to defeat the plane text?

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Speaker 5: So I disagree pretty strongly you on that, but it

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Speaker 5: doesn't defeat your point.

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Speaker 2: Keep going, okay, so nice.

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Speaker 1: So that's Justice Kavanaugh giving a polenta a polite smack

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Speaker 1: to Neil Katchall making the argument for the Supreme Court

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Speaker 1: that the president doesn't have the right to utilize the

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Speaker 1: Emergency Powers Act in nineteen seventy seven to implement tariffs.

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Speaker 1: I got to tell you, from a first kind of

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Speaker 1: hearing of this thing, it's not playing great for Trump.

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Speaker 2: It just isn't. Tony Katz, Tony Katz today, good to

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Speaker 2: be with you. Find everything at Tony Katz dot com.

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Speaker 2: It really is.

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Speaker 1: A a amazing, amazing back and forth about what the

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Speaker 1: plane reading of the text of the Emergency Powers Act

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Speaker 1: of nineteen seventy seven is and whether or not a

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Speaker 1: tariff can be implemented and real resting on the idea

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Speaker 1: of whether or not.

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Speaker 2: It can raise revenue.

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Speaker 1: Because the Powers Act discusses the idea of whether or

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Speaker 1: not the President of the United States can investigate, regulate,

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Speaker 1: or prohibit imports. It doesn't say TARA for tax and

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Speaker 1: someone can say, well, regulate, regulate could mean this. The

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Speaker 1: argument is that anything that is taxing would be Congress

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Speaker 1: and raising revenue is precisely not the capacity. It's a

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Speaker 1: fast I mean, never mind where you are on tariffs.

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Speaker 1: It's just a fascinating argument.

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Speaker 3: And no president has ever charged, to my knowledge, fees

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Speaker 3: under thus two statutes for the licenses, so fees impermissible, licenses.

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Speaker 5: Opens permissible if they cover the costs of the scheme,

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Speaker 5: might be, might.

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Speaker 3: Be, I mean, but but once they start revenue raising,

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Speaker 3: you implicate the most serious concerns.

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Speaker 5: And I thought you could seated Ausice coureshich there was

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Speaker 5: no difference between a tariff and a licensing fee functionally.

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Speaker 3: If the licensing fee is just to rea, I didn't

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Speaker 3: concede that done so. If the licensing fee is just

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Speaker 3: to recoup the cost of government services, I think that.

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Speaker 2: May be okay. I don't think you need to get

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Speaker 2: into it here.

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Speaker 3: The government is asserting a power which they say in

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Speaker 3: their briefs to you raises four trillion dollars.

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Speaker 5: So you understand the statute to permit licensing in the

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Speaker 5: sense of permission, like we will not allow you to

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Speaker 5: trade with us, we will not allow your goods to

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Speaker 5: be imported unless we license it.

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Speaker 3: Absolutely and justice parit. I think, like just the natural

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Speaker 3: reading if you're to look at the word licenses and think, wow,

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Speaker 3: Congress smuggled this incredible power to do all of these

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Speaker 3: different things that the government is doing here thirty nine

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Speaker 3: percent taxes on some countries and others through the word license.

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Speaker 5: That's a you license exportation.

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Speaker 2: I don't think so for the reason that do you know,

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Speaker 2: well right.

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Speaker 5: Now, I actually looked into this. I mean I think

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Speaker 5: you maybe not licensing fees exactly, but could you license

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Speaker 5: exportation like saying we're not going to allow certain products

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Speaker 5: that have national security implications to be exported. So licensing

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Speaker 5: could be used in that sense, not as a revenue

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Speaker 5: aging resid. Okay, so you went back and forth with

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Speaker 5: Justice Corsic.

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Speaker 1: I'm going to let that conversation continue to play out.

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Speaker 1: It's it's fascinating stuff. Did I say, hello, Tony Katz?

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Speaker 1: Tony Katz Today? It is a huge story, and in

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Speaker 1: any other day it would be just absolutely massive. But

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Speaker 1: the story, of course is the election. The story, of

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Speaker 1: course is the election. You've got the in Virginia, the

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Speaker 1: Democrats win not only the governor's mansion but the attorney

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Speaker 1: general race. We'll talk about it. In New Jersey they

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Speaker 1: win the governor's mansion. In California they voted on Prop fifty,

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Speaker 1: they will engage redistricting. Pennsylvania they kept all the Democrats

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Speaker 1: state Supreme Court justices in place. And then you have

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Speaker 1: let's dig into it. Zoron Mamdani, who is now the

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Speaker 1: mayor elect of New York, and he is going to

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Speaker 1: raise those taxes like it's his job.

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Speaker 3: Because you start talking about a rent freeze, you're talking

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Speaker 3: about free busses, you're talking about free childcare.

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Speaker 2: Can you do that without raising taxes?

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Speaker 4: I think you can do that, And I think you

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Speaker 4: have to raise taxes on the top one percent of

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Speaker 4: New Yorkers, new Yorkers who make more than a million

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Speaker 4: dollars a year, and you do that by raising taxes

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Speaker 4: by them two percent. And then you also increase the

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Speaker 4: corporate tax of New York State to match that of

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Speaker 4: New Jersey. So that takes us from about seven point

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Speaker 4: twenty five to about eleven point five percent, which is

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Speaker 4: what we see in New Jersey.

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Speaker 1: So you're gonna raise taxes by one percent unless you

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Speaker 1: make more than a million dollars to raise taxes on

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Speaker 1: two percent, then you're going to increase the corporate tax,

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Speaker 1: which of course gets passed down to the consumer who

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Speaker 1: somehow this will all magically make things more affordable.

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Speaker 4: For these things together is about nine billion dollars, which

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Speaker 4: more than pays for our economic agenda and also starts

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Speaker 4: a Trump proof our.

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Speaker 3: So are you worried that can drive a lot of

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Speaker 3: job creators out of New York.

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Speaker 4: So what I've heard from a number of business leaders

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Speaker 4: is that the affordability crisis is also affecting their ability

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Speaker 4: to attract and retain talent. The city's inability to provide

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Speaker 4: childcare means that businesses often have to provide stipends.

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Speaker 2: For that childcare.

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Speaker 4: Right now, the absence of universal childcare means that a

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Speaker 4: family will pay around twenty two five hundred dollars a year,

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Speaker 4: which is more money than many of them would spend

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Speaker 4: if they sent that same kid to college eighteen years later.

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Speaker 4: And it is time for city government to actually step

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Speaker 4: up to the responsibility it has.

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Speaker 1: That's just city government, zarnmm. Donnie has a very different view.

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Speaker 2: Of government than you and I.

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Speaker 1: As a matter of fact, mom, Don's view of government

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Speaker 1: can be summed up in his this post here.

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Speaker 2: Discussing the role of government.

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Speaker 4: We will prove that there is no problem too large

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Speaker 4: for government to solve, and no concern too small for

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Speaker 4: it to care about it.

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Speaker 2: Oh damn, that's scary.

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Speaker 1: No problem too large that it can't solve, and no

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Speaker 1: problem too small that it shouldn't care about. Man, government's

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Speaker 1: going to be all up in your stuff with Zarron, Mom, Donnie.

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Speaker 1: Yesterday was a loss for people on the political right.

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Speaker 1: And the answer is yeah, okay, yeah, off your election.

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Speaker 1: Republicans have the power. Things usually swing the other way.

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Speaker 2: It's about right.

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Speaker 1: But there's also some more stories involved here, starting with

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Speaker 1: the clear understanding that Trump hate works.

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Speaker 2: It's ugly, it's obscene. It is a call for a

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Speaker 2: lone wolf.

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Speaker 1: They desperately want them to die. I say that right

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Speaker 1: now without an ounce of hesitation, and I apologize to

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Speaker 1: no one for noting what it is they're saying, their

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Speaker 1: calls for a lone wolf. Every time they say threat

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Speaker 1: to democracy, threat to America, acting like a king, engage

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Speaker 1: in authoritarianism, all of this. He's so much a king

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Speaker 1: that the Supreme Court is arguing whether or not he

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Speaker 1: can actually implement the tariffs.

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Speaker 2: Some king, you.

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Speaker 1: Got to rely on courts in order to be able

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Speaker 1: to get your way.

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Speaker 2: It's massive hate now, by the way, it is.

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Speaker 1: Trump hate, but of course it can also be seen

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Speaker 1: as Republican hate anybody who should disagree with them, And

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Speaker 1: no matter who runs your president in twenty twenty eight,

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Speaker 1: if it was your grandma they would say, worse than Hitler.

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Speaker 1: This is who they are and what they believe to

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Speaker 1: their core is that government is the end all and

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Speaker 1: be all, not the Lord, not your soul, not the

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Speaker 1: individual rights of man.

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Speaker 2: We already heard Senator Tim.

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Speaker 1: Cain state with clarity that rights do not come.

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Speaker 2: From the from nature and Nature's God.

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Speaker 1: Rights come, according to Tim Kin, solely and exclusively from government,

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Speaker 1: a frightening, ugly gross proposition. They believe that government solves

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Speaker 1: all things, and they got people to vote for that.

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Speaker 1: More than vote for that, they got somebody. They were

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Speaker 1: able to get people to vote for someone who is

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Speaker 1: a communist who sees himself in league with Islamists, who

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Speaker 1: believes in defunding the police, who believes in boycott, investment,

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Speaker 1: and sanction. In Virginia, they voted for j Jones to

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Speaker 1: be the Attorney General elect. Jay Jones is the guy

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Speaker 1: who said in text messages that he wanted to kill

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Speaker 1: the Republican Speaker of the House in Virginia and kill

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Speaker 1: his kids. Fantasized about killing the man's kids, and only

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Speaker 1: four forty six percent of those polls thought.

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Speaker 2: That that was a problem. The election may not have

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Speaker 2: gone the way you wanted it to, but the odds

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Speaker 2: were against it going the way you wanted it to.

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Speaker 1: But the election tells a story. The election has something

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Speaker 1: to share, certainly tells a story as we're getting a

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Speaker 1: look at the exit polling, that women buy into this progressivism.

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Speaker 2: In huge, huge, massive measure. They do.

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Speaker 1: The election tells you that Trump hate twenty four seven,

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Speaker 1: three sixty five works. It has an effect, It has

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Speaker 1: seeped in because you have a party that absolutely positively

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Speaker 1: believes that not only should government solve all problems large

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Speaker 1: and small, meaning that the people should be completely dependent

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Speaker 1: on government. They believe that anybody who gets in their

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Speaker 1: way should be destroyed, whether they are The attempt on

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Speaker 1: Donald Trump, whether the assassination of Charlie Kirk, or whether

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Speaker 1: the fantasizing about killing children, a message Republicans.

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Speaker 2: Are going to have to take into the midterms.

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Speaker 1: As a matter of fact, they should have already started.

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Speaker 1: It's only three hundred and sixty three days away, you know,

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Speaker 1: and for all of us, this election is a recognition

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Speaker 1: of what it is that you are up against, what

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Speaker 1: it is that is actually happening in the country, and

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Speaker 1: it is proof and I don't I don't like starting

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Speaker 1: off negative.

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Speaker 2: I am not a negative cat. I'm not, I never

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Speaker 2: have been.

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Speaker 1: I'm honest, I'm clear, I'm direct, but not negative. We

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Speaker 1: have been saying here, very honestly, that there is no way,

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Speaker 1: with a snap of the fingers for the chasm to

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Speaker 1: be crossed. The divide in America is real. And we're

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Speaker 1: not even talking about policy regarding trade or tariffs.

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Speaker 2: We're not.

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Speaker 1: The argument against tariffs is Trump wants it tariffs bad.

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Speaker 1: If Trump said I favor clean water, Democrats will go

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Speaker 1: clean water. Who needs that? It's that level of hate

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Speaker 1: of vitriol. And the only way out is through I

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Speaker 1: put forth to you that the key to this election

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Speaker 1: and understanding this election, number one is you have a

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Speaker 1: lot of work to do to win the midterms. You're

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Speaker 1: gonna have to go out there and campaign. You're gonna

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Speaker 1: have to go out there and convince. You're gonna have

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Speaker 1: to go out there and persuade. You're gonna have to

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Speaker 1: find the candidates you want to support and actually support them.

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Speaker 2: Yes, you are going to have to do this.

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Speaker 1: To sit on the sidelines, No one's sitting on the sidelines,

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Speaker 1: seemingly on the left. Now, the idea that oh they're

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Speaker 1: really generating enthusiasm. Let's not lose sight of a much

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Speaker 1: larger picture, which is that their policies are rather unpopular

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Speaker 1: nation and midterm elections and general elections are different than

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Speaker 1: off of your elections.

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Speaker 2: But I want it clear. We said it here. The

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Speaker 2: only way out is through.

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Speaker 1: These are hard times, and hard times must create strong

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Speaker 1: women and men.

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Speaker 2: These are the hard times.

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Speaker 1: They're not coming, they're here and they're not going away

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Speaker 1: anytime soon. And the only way out is through, because

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Speaker 1: what you are up against is beyond vitriol of people

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Speaker 1: who don't see America the way you do, because they

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Speaker 1: don't even see a good in America. They don't see

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Speaker 1: America at all. Those are the facts from this election.

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Speaker 1: Don't let it get you down, Let it get you working.

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Speaker 1: I'm Tony Katz, and this is Tony Katz Today