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Speaker 1: Parks and the Yankees are off to a pretty good

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Speaker 1: start this spring training season. It's all because of the

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Speaker 1: hitting and pitching tips from our next guest. Now, if

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Speaker 1: it could just be so kind to National League teams. Hint, hint.

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Speaker 1: The Judge's next Chuck Ingram on fifty five KRS the

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Speaker 1: talk station.

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Speaker 2: Hey thirty if you have KCD talk station. He's brilliant.

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Speaker 2: He is judg Enna Paulton, apparently a batting coach as well.

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Speaker 2: Welcome back, judging Enna Paulton. I love having you on

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Speaker 2: the show, my friend.

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Speaker 3: Thank you, and thank you Chuck. You know I do

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Speaker 3: love baseball, and I'll tell you a very, very brief story.

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Speaker 3: When I was in basic training Fort Knox, Kentucky, nineteen seventy,

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Speaker 3: I managed our platoons team and we made it all

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Speaker 3: the way to the finals, and I loved every minute

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Speaker 3: of it except for the ninth inning of the last game. Oh,

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Speaker 3: I am a baseball fanatic, but the Yankees don't come

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Speaker 3: to me for tips.

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Speaker 2: That's great, Jeron, I didn't know you're a ballplayer. Good

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Speaker 2: for you. I played little league baseball until I started swimming,

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Speaker 2: and then I was in the pool for what seemed

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Speaker 2: like literally decades of my childhood. I have bad reminders

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Speaker 2: of swimming Baya.

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Speaker 3: My father, may he rest in peace, was a super

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Speaker 3: jock and made his three boys about asthletic as athletic

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Speaker 3: as we could be. My two brothers better athletes than I.

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Speaker 2: Well, you know, I guess you came from a kind

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Speaker 2: of family. My dad was a jock when he was

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Speaker 2: a kid, and a great baseball player, and I think

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Speaker 2: I disappointed him to no end because I didn't take

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Speaker 2: the baseball like he did, and I never took to

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Speaker 2: golf like he did. My dad loved the game of

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Speaker 2: golf anyway, my late father I loved.

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Speaker 3: My dad played four days a week until he was

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Speaker 3: eighty two years old.

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Speaker 2: You know what that sounds remarkably like my dad, because

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Speaker 2: my dad hosted the morning show for forty well, he

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Speaker 2: was on radio for about forty six or forty eight years.

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Speaker 2: In the last thirty years was the morning show here

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Speaker 2: in Cincinnati, off the radio at nine like I am,

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Speaker 2: and then straight to the golf course almost every single

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Speaker 2: day of the week, with the exception of Mondays when

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Speaker 2: the club was closed. So there you have it. He

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Speaker 2: and his buddy, a pathologist whose patients weren't waiting for

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Speaker 2: him in a lobby if you know what I mean.

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Speaker 2: Used to have like it was who paid the most

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Speaker 2: games of golf at the club every year, and it

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Speaker 2: was either the pathologist or my dad. So benefits of

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Speaker 2: the morning show. It sucks having to go to bed early.

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Speaker 2: Pivoting over real quick? Here can I get a comment

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Speaker 2: or two from me on Tariff's the Supreme Court and

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Speaker 2: using the major questions document a doctrine which was a

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Speaker 2: major victor. I believe it was US versus or West

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Speaker 2: Virginia versus EPA where we got that brilliant decision. You know,

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Speaker 2: if it wasn't specifically addressed by Congress, if it's not

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Speaker 2: specifically identified in the law, then and if it evolves

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Speaker 2: something as big and as consequential as taxes or tariffs,

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Speaker 2: no reference to it means they intentionally left it out.

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Speaker 2: It is a major question that would have been had

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Speaker 2: they intended to be in the law. It isn't there ergo,

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Speaker 2: the tariffs are beyond the scope of the presidency. That's

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Speaker 2: how I understand the Supreme Court's reading. Although the dissent

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Speaker 2: kind of wanted to create a carve out to the

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Speaker 2: major Questions doctrine.

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Speaker 3: Well, I agree with the outcome, and I agree that

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Speaker 3: you have, as always accurately articulated the major question doctrine.

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Speaker 3: If the Congress is going to authorize the president to

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Speaker 3: do something which is ordinarily in Congress's barely what they

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Speaker 3: may do, so they must do so with the precision

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Speaker 3: and certainty. However, I would while I would have agreed

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Speaker 3: with the outcome, I would have written a different opinion.

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Speaker 3: I would have argued, consistent with a long line of

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Speaker 3: Supreme Court cases, that there are areas of congressional authority

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Speaker 3: which it cannot convey a way to the president, and

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Speaker 3: those are its core responsibilities under the Constitution, and none

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Speaker 3: is more core than raising and setting taxes. Why do

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Speaker 3: I say that, If you go to Article one, Section eight,

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Speaker 3: paragraph one, the very first power given to Congress is

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Speaker 3: to raise and set taxes. It cannot be delegated away period.

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Speaker 2: I'm glad you brought that part up, because that takes

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Speaker 2: me all the way back to I believe it was

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Speaker 2: the Reagan era where they gave him the line item veto,

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Speaker 2: and the Supreme Court found that to be unconstitutional delegation

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Speaker 2: of the authority in their power.

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Speaker 1: Correct.

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Speaker 3: I wish the president had that authority, we might not

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Speaker 3: have a thirty eight trillion in debt today. But it's

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Speaker 3: not in the Constitution. He doesn't have it. The Congress

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Speaker 3: can no more give the president the power to tax

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Speaker 3: than he could give the Chief Justice the power to

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Speaker 3: be Commander in chief of the armed forces. You just

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Speaker 3: can't be trading powers like that. It violates the Constitution.

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Speaker 3: It reduces the power of the sending branch beyond and

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Speaker 3: increases the power of the receiving branch beyond what the

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Speaker 3: Framers wanted. And it's detriment meant to personal freedom. If

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Speaker 3: the president gets mad at some foreign entity because they

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Speaker 3: ran and ad on their television stations that he didn't

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Speaker 3: like Ontario, Canada, he can punish them by taxing Americans.

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Speaker 3: That is so far afield from the Constitution it's barely

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Speaker 3: merits a serious conversation.

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Speaker 2: Well, so I'm happy.

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Speaker 3: I'm happy with the outcome, but I am not happy

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Speaker 3: with the reasoning that got us there in terms of justice.

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Speaker 3: At Kavanaugh's dissent, he proves yet again why he doesn't

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Speaker 3: belong on the Supreme Court.

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Speaker 2: Wow, and then allows me to pivot over. Could Congress

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Speaker 2: delegate the power to declare war, something I alluded to

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Speaker 2: in my comment to you back with the email. I

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Speaker 2: keep hearing and we all know we have massive build

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Speaker 2: ups of military near the near Iran, multiple carrier groups,

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Speaker 2: We've got all kinds of hardware over the Middle East. Generally,

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Speaker 2: Donald Trump is threatening war. It is just a direct statement.

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Speaker 2: It is the stick that he's holding in order to

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Speaker 2: negotiate foreign policy. But he doesn't have the power to

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Speaker 2: declare war. If Congress gave him authorization, that will be

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Speaker 2: one thing, require congressional action, But can Congress And their

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Speaker 2: silence seems almost like an abdication of their soul responsibility.

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Speaker 2: I haven't heard even Democrats screaming about he doesn't have

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Speaker 2: the ability to launch a missile on this to start

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Speaker 2: a war, So could they delegate that?

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Speaker 3: He claimed? He claimed. The President claimed what I call

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Speaker 3: the kidnapping of President Maduro of Venezuela was a law

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Speaker 3: enforcement function because Maduro had been indicted and was escaping justice,

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Speaker 3: a real stretch, and for that reason, he didn't need

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Speaker 3: congressional authority. He can't claim that now he has between

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Speaker 3: one third and one half of the United States Navy

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Speaker 3: in two spots outside of Iran, to the south of

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Speaker 3: it and to the west of it. If he invades Iran,

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Speaker 3: he will absolutely need congressional authorization. You're right, Congress is silent.

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Speaker 3: Congress is not living up to its obligations. Another silly example.

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Speaker 3: I was interviewing the late Great Harlem Congressman Charlie Wrangle.

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Speaker 3: He used the talk about Yes, he was a real character.

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Speaker 3: He was on my show on Fox News when we

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Speaker 3: learned in the middle of the show that President Obama

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Speaker 3: had bombed Libya. I looked at Congressman Wrangle and I said,

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Speaker 3: was there a declaration of war that I missed? And

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Speaker 3: I would imitate his voice, it was so scratchy. He said, oh, no,

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Speaker 3: we're happy to look the other way. If the bombing succeeds,

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Speaker 3: will take credit. If it doesn't succeed, we'll blame the president.

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Speaker 3: That's the attitude of members of Congress, and that attitude

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Speaker 3: is a rejection of their responsibilities under the Constitution.

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Speaker 2: Amen, that's exactly what I was hoping you you very

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Speaker 2: strong on, and I'm glad you brought up that as

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Speaker 2: an illustration, because that seems to be the current point

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Speaker 2: with the Democrats. We'll let him get in trouble. If

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Speaker 2: it's trouble, we're gonna make fun of him, We're going

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Speaker 2: to accuse him, we're going to use it to our

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Speaker 2: advantage in the elections. Whatever. But if it's successful, well

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Speaker 2: maybe they'll have to give him credit for it. If

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Speaker 2: it's successful, your honor, I can't see that happening any day.

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Speaker 3: I don't see that happening. But what would success be?

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Speaker 3: What right do we have to change the regime of

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Speaker 3: another country just because Benjamin Netsannaho wants us to do it.

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Speaker 3: They haven't had nuclear weapons there since two thousand and three.

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Speaker 3: If you don't believe me, would you believe Telsea Gabbard

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Speaker 3: because she testified to that under oath a year ago.

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Speaker 2: To Genita Paul title, I love our conversations, gets the

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Speaker 2: juices of intellect flowing anyway, and quite often flies in

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Speaker 2: the face of what some listeners want to hear. But

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Speaker 2: that's okay. That's why we have you on to make

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Speaker 2: those intellectual juices flow and make you think about it

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Speaker 2: from a constitutional perspective anyway. We have you to rely

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Speaker 2: on for that man who still respects the Constitution and

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Speaker 2: explains it every week here in the fifty five kas

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Speaker 2: morning Show. Speaking of speaking with who's on your program today,

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Speaker 2: Judging Freedom, Judge Napolitano.

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Speaker 3: I have Jeff Sachs later today, Professor Sachs, and my

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Speaker 3: two colonels, Colonel Wilkerson and Larry Wilkerson and Doug McGregor tomorrow.

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Speaker 3: It's a very very dramatic time because we don't know

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Speaker 3: how close the president is to pulling the trigger. I

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Speaker 3: think he's painted himself into a corner. The government is

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Speaker 3: spending billions a day supporting all those enaval all that

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Speaker 3: naval apparatus and people there. If he doesn't use it,

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Speaker 3: he's going to be humiliated. If he does use it

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Speaker 3: and he doesn't achieve his goal, he's going to be humiliated.

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Speaker 3: He's boxed himself into a corner.

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Speaker 2: Yeah, I agree with you on that one. Love it

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Speaker 2: or hate it, it's where we are right now, and

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Speaker 2: it's frightening. Judge Napolitano. Every week on Judging Freedom. Find

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Speaker 2: his podcast wherever you get your podcasts, and tune in

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Speaker 2: every Wednesday at eight thirty here in the fifty five

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Speaker 2: Cars Morning Show until next week. My friend, God bless you, sir,