1 00:00:00,080 --> 00:00:02,800 Speaker 1: If you are listening to that Jesse Kelly show, my 2 00:00:02,880 --> 00:00:06,840 Speaker 1: name is James T. Harris Filligan for Jesse Kelly. Today, 3 00:00:07,360 --> 00:00:11,080 Speaker 1: the Supreme Court just told President Trump this morning, you 4 00:00:11,200 --> 00:00:16,280 Speaker 1: don't get to fight China without asking Congress first. Well, 5 00:00:17,200 --> 00:00:22,520 Speaker 1: isn't that interesting? Today? The biggest economic fight in America 6 00:00:22,600 --> 00:00:27,160 Speaker 1: is in happening in regime. It's not happening in Iran, 7 00:00:27,440 --> 00:00:32,040 Speaker 1: although things are heating up. It's happening between the branches 8 00:00:32,200 --> 00:00:36,720 Speaker 1: of our own government. My friends, this morning, the Supreme 9 00:00:36,760 --> 00:00:41,320 Speaker 1: Court dropped a six to three decision striking down President 10 00:00:41,320 --> 00:00:49,080 Speaker 1: Trump's sweeping global tariffs, the centerpiece of his America First agenda, 11 00:00:49,920 --> 00:00:55,280 Speaker 1: tariffs that have been a central pillar in his strategy 12 00:00:55,680 --> 00:01:03,720 Speaker 1: since returning to office. This is a disaster, and once 13 00:01:03,760 --> 00:01:09,040 Speaker 1: again we have Republicans or should I say conservative justices 14 00:01:10,560 --> 00:01:15,280 Speaker 1: lining up with the lunatic left on the Court. I mean, 15 00:01:15,319 --> 00:01:21,319 Speaker 1: I'm sorry, Justice Jackson Katanji, Jackson Brown, whatever, the penguin 16 00:01:22,160 --> 00:01:27,040 Speaker 1: Salta mayor. We got three justices that line up with them, 17 00:01:27,240 --> 00:01:32,080 Speaker 1: and then we get Justice Roberts giving us his ass 18 00:01:32,240 --> 00:01:37,679 Speaker 1: nine opinion. We'll get to that in a moment, but 19 00:01:37,760 --> 00:01:42,480 Speaker 1: let's be very clear about what this means for the 20 00:01:42,600 --> 00:01:46,319 Speaker 1: last year, President Trump, the Trump administration has been using 21 00:01:46,440 --> 00:01:53,560 Speaker 1: tariffs not just as tax policy, but as leverage, leverage 22 00:01:53,720 --> 00:02:00,160 Speaker 1: against China's intellectual property, theft, leverage against Mexico's role in 23 00:02:00,240 --> 00:02:05,280 Speaker 1: the fit no pipeline, leverage against trade and ballasts that 24 00:02:05,360 --> 00:02:10,880 Speaker 1: have hollowed out American manufacturing from Detroit to towns all 25 00:02:10,919 --> 00:02:15,280 Speaker 1: across this country that used to make things and now 26 00:02:17,840 --> 00:02:24,360 Speaker 1: just import them. And the Court said, mister President, you 27 00:02:24,600 --> 00:02:29,840 Speaker 1: don't have that authority unless Congress gives it to you. Now. 28 00:02:30,639 --> 00:02:33,560 Speaker 1: Of course, this was an argument. I'm talking to some 29 00:02:33,600 --> 00:02:38,280 Speaker 1: of my constitutional experts. They said that the President Trump 30 00:02:38,320 --> 00:02:41,959 Speaker 1: doing this was shaking the first place because it wasn't clear. 31 00:02:42,200 --> 00:02:45,000 Speaker 1: And it's even more dangerous because we didn't have Congress 32 00:02:45,160 --> 00:02:49,120 Speaker 1: both houses of Congress Republicans and in the Senate and 33 00:02:49,160 --> 00:02:53,120 Speaker 1: in the House that we're standing with us. So this 34 00:02:53,320 --> 00:02:58,320 Speaker 1: was risky. But the President said, this is what I'm 35 00:02:58,320 --> 00:03:04,639 Speaker 1: gonna do. You guys get your act together. We've been 36 00:03:04,800 --> 00:03:08,360 Speaker 1: very nervous about this ruling, and we have good reason 37 00:03:08,440 --> 00:03:10,200 Speaker 1: to be. I mean, we can look at history. It 38 00:03:10,240 --> 00:03:12,919 Speaker 1: doesn't make a difference that we have more conservatives on 39 00:03:12,960 --> 00:03:21,799 Speaker 1: the Court than lunatic liberals. Doesn't matter. This is how 40 00:03:21,800 --> 00:03:24,960 Speaker 1: it always seems to go. Oh, if you give us 41 00:03:25,000 --> 00:03:27,200 Speaker 1: the House, we could do something. We gave him the House. Oh, 42 00:03:27,240 --> 00:03:29,000 Speaker 1: if you give us the Senate, we could do something. 43 00:03:29,160 --> 00:03:31,200 Speaker 1: You know, we gave them the city. Oh, we can't 44 00:03:31,200 --> 00:03:34,320 Speaker 1: do anything. We had the executive branch. We gave them 45 00:03:34,320 --> 00:03:36,800 Speaker 1: the execucative branch. But you know what, they didn't like 46 00:03:36,880 --> 00:03:39,480 Speaker 1: who we gave them. They didn't like Trump. And I 47 00:03:39,600 --> 00:03:43,720 Speaker 1: have to believe that the same type of dynamic is 48 00:03:43,760 --> 00:03:48,840 Speaker 1: going on in the court, in the Supreme Court. Oh, 49 00:03:49,040 --> 00:03:51,280 Speaker 1: I could just say the courts period. Every time President 50 00:03:51,360 --> 00:03:54,960 Speaker 1: Trump puts something up, what happens some activist judge steps 51 00:03:55,000 --> 00:03:57,560 Speaker 1: in and shuts it down. Has John Roberts done anything 52 00:03:57,560 --> 00:04:06,360 Speaker 1: about that? No, ominous, ominous Chief Justice Roberts wrote that 53 00:04:06,440 --> 00:04:11,560 Speaker 1: the framers of the Constitution gave the power of taxation 54 00:04:11,680 --> 00:04:17,960 Speaker 1: to Congress, not the executive branch, and that even under 55 00:04:18,000 --> 00:04:23,080 Speaker 1: emergency powers law, there's no clear authorization for a president 56 00:04:23,120 --> 00:04:31,359 Speaker 1: to impose broad global tariffs. Oh, this is rich coming 57 00:04:31,400 --> 00:04:35,920 Speaker 1: from Justice Roberts. The framers gave the power of taxation 58 00:04:36,040 --> 00:04:39,880 Speaker 1: to Congress. More on that. When I heard that, I 59 00:04:39,920 --> 00:04:43,960 Speaker 1: was like, wait, a minute, Wait a minute, this sounds familiar, 60 00:04:47,480 --> 00:04:49,679 Speaker 1: but here's something that here's where it really gets interested. 61 00:04:51,279 --> 00:04:57,520 Speaker 1: Justice Thomas, Justice Alito, and Justice Kavanaugh dissented, saying that 62 00:04:57,600 --> 00:05:03,800 Speaker 1: these tariffs were clearly awful based on text, history and 63 00:05:04,080 --> 00:05:09,440 Speaker 1: President Wow. So the three conservative justices are like, you know, 64 00:05:09,680 --> 00:05:14,360 Speaker 1: roberts No, Robertson, Dula taic lefties, no Cony Barrett, No, no, no, 65 00:05:14,440 --> 00:05:23,599 Speaker 1: you guys got this wrong, No Gorsic. This isn't just 66 00:05:23,760 --> 00:05:28,880 Speaker 1: a policy disagreement, my friends, This is a constitutional street 67 00:05:29,000 --> 00:05:33,080 Speaker 1: fight over who gets to respond when America is getting 68 00:05:33,120 --> 00:05:41,240 Speaker 1: economically bullied on the world stage. In President Trump, he 69 00:05:41,400 --> 00:05:44,839 Speaker 1: is already pivoting announcing that he's going to impose a 70 00:05:44,880 --> 00:05:49,320 Speaker 1: ten percent global tariff under a separate law that allows 71 00:05:49,360 --> 00:05:53,640 Speaker 1: it up to one hundred and fifty days. So, by 72 00:05:53,720 --> 00:06:01,719 Speaker 1: no means is this fight over. Not even close. But 73 00:06:01,760 --> 00:06:05,279 Speaker 1: what this ruling does do is slowed down the most 74 00:06:05,440 --> 00:06:10,560 Speaker 1: aggressive economic CounterPunch the United States has thrown at foreign 75 00:06:10,560 --> 00:06:20,080 Speaker 1: competitors in decades, and that is crazy, disappointing, and for 76 00:06:20,200 --> 00:06:23,440 Speaker 1: an administration of trying to bring supply chains home and 77 00:06:23,560 --> 00:06:27,520 Speaker 1: rebuild domestic industry, this is not just a legal setback 78 00:06:30,839 --> 00:06:38,480 Speaker 1: in my mind, this is a strategic one. What are 79 00:06:38,480 --> 00:06:42,599 Speaker 1: you talking about, James T. Harris sitting in for Jessic Kelly. 80 00:06:42,960 --> 00:06:48,000 Speaker 1: Here's what I'm saying. It struck me immediately. The thing 81 00:06:48,040 --> 00:06:51,680 Speaker 1: that struck me about this tariff ruling is that it 82 00:06:51,839 --> 00:06:56,480 Speaker 1: feels like Chief Justice John Roberts is either playing both 83 00:06:56,560 --> 00:07:01,360 Speaker 1: sides of the constitutional offense or he's playing with the 84 00:07:01,440 --> 00:07:06,520 Speaker 1: law itself. Why do you say that, James T. Harris? Wow, 85 00:07:07,440 --> 00:07:12,920 Speaker 1: this is the same jurist who back in twenty twelve 86 00:07:13,960 --> 00:07:18,800 Speaker 1: took a legislative penalty that Congress insisted was not a 87 00:07:19,080 --> 00:07:28,040 Speaker 1: tax and reimagined it as one in order to save Obamacare. 88 00:07:28,120 --> 00:07:31,600 Speaker 1: Do you remember this? Do you remember how excited we were. 89 00:07:31,720 --> 00:07:34,440 Speaker 1: Do you remember how we had gathered around the TV 90 00:07:34,560 --> 00:07:36,360 Speaker 1: set to see what the black robes are going to 91 00:07:36,400 --> 00:07:39,600 Speaker 1: say about Obamacare? Because we knew that it was unconstitutional. 92 00:07:39,720 --> 00:07:45,120 Speaker 1: The government cannot force you to buy a product, they 93 00:07:45,200 --> 00:07:53,440 Speaker 1: can't do it. That's unconstitutional. So we knew, I mean, 94 00:07:53,440 --> 00:08:05,160 Speaker 1: this was a slam dunk. The Democrats had overreached. We 95 00:08:05,160 --> 00:08:10,440 Speaker 1: were shocked, shocked. I remember looking at the constitutional experts, 96 00:08:10,520 --> 00:08:13,000 Speaker 1: you know, with their mouths wide open, saying, wait, waitit 97 00:08:13,080 --> 00:08:21,160 Speaker 1: what just happened here. You you had a legislative penalty 98 00:08:21,240 --> 00:08:23,280 Speaker 1: that Congress insists it was not a tax. This is 99 00:08:23,320 --> 00:08:28,840 Speaker 1: not a tax, snil, and they reimagined it. They reimagined 100 00:08:28,840 --> 00:08:33,599 Speaker 1: it as if it were attacked in order to save Obamacare. 101 00:08:33,840 --> 00:08:35,520 Speaker 1: They didn't send it back saying, you know what, make 102 00:08:35,600 --> 00:08:38,040 Speaker 1: this a tax and then you know West, they didn't 103 00:08:38,080 --> 00:08:42,400 Speaker 1: do that. They just said, well, you know what, if 104 00:08:42,440 --> 00:08:45,320 Speaker 1: you if you think this, if you were to say 105 00:08:45,400 --> 00:08:48,800 Speaker 1: that this was a taxing, this could possibly work. That 106 00:08:48,920 --> 00:08:53,079 Speaker 1: was flexibility in the name of judicial restraint. But now, 107 00:08:53,160 --> 00:08:57,760 Speaker 1: but now, when it comes to trade authority tied to 108 00:08:57,800 --> 00:09:02,720 Speaker 1: an America First economic agenda, suddenly the court can't stretch 109 00:09:02,760 --> 00:09:08,240 Speaker 1: statutory language, not even a little bit. They can't infer delegation, 110 00:09:09,080 --> 00:09:24,199 Speaker 1: they can't reinterpret ambiguity to preserve the policy. Wow. Wow, Now, 111 00:09:25,280 --> 00:09:31,559 Speaker 1: in my mind this raises a serious question. Is this 112 00:09:31,679 --> 00:09:44,520 Speaker 1: about constitutional consistency or is this constitutional convenience? Are we 113 00:09:44,640 --> 00:09:49,120 Speaker 1: being jerked around again by John Roberts. Oh he's famous 114 00:09:49,120 --> 00:09:53,480 Speaker 1: for this, right, he'll parse things up and he'll just 115 00:09:53,600 --> 00:09:56,160 Speaker 1: like give a you know, split the baby in half. 116 00:09:58,080 --> 00:10:02,920 Speaker 1: But not this time. This time he told President Trump, 117 00:10:04,400 --> 00:10:07,320 Speaker 1: you could take your America First policy, and you could 118 00:10:07,360 --> 00:10:10,480 Speaker 1: stick it where the sun doesn't shine. You are listening 119 00:10:10,559 --> 00:10:13,959 Speaker 1: to the Jesse Kelly Show. My name is James T. Harris. 120 00:10:14,040 --> 00:10:17,599 Speaker 1: I at a talk show host out of Phoenix, Arizona. 121 00:10:17,720 --> 00:10:20,120 Speaker 1: You can hear my show the Conservative Circus five fifty 122 00:10:20,160 --> 00:10:24,199 Speaker 1: KMFYI in Phoenix, seven ninety k is T in Tucson 123 00:10:24,520 --> 00:10:27,240 Speaker 1: or on the free iHeartRadio app. You know, I have 124 00:10:27,320 --> 00:10:30,480 Speaker 1: this thing called the Clarity Report. That's when we look 125 00:10:30,480 --> 00:10:34,360 Speaker 1: at what's happening in our culture, what's happening in our society, 126 00:10:34,360 --> 00:10:36,160 Speaker 1: and I kind of just sort of like a filter 127 00:10:36,280 --> 00:10:42,080 Speaker 1: it through a biblical perspective. The latest Clarity Report is 128 00:10:42,240 --> 00:10:50,320 Speaker 1: on this ruling, the Roberts Rule, save entitlements or scrutinize sovereignty. 129 00:10:50,440 --> 00:10:52,679 Speaker 1: If you go to James T. Harris dot com you'll 130 00:10:52,679 --> 00:10:55,080 Speaker 1: see it up there, the Clarity Report. Go ahead, click 131 00:10:55,160 --> 00:10:57,920 Speaker 1: that and then sign up for the free newsletter which 132 00:10:57,960 --> 00:10:59,679 Speaker 1: is the Clarity Report. You'll get it a couple times 133 00:10:59,720 --> 00:11:06,080 Speaker 1: a week. From Obamacare to Tariff's. Has Chief Justice John 134 00:11:06,200 --> 00:11:13,440 Speaker 1: Roberts changed his constitutional philosophy or just the outcome? As 135 00:11:13,480 --> 00:11:16,439 Speaker 1: I said in the first segment back in twenty twelve, 136 00:11:16,640 --> 00:11:19,360 Speaker 1: the fate of Affordable Care Act hung by a thread. 137 00:11:20,000 --> 00:11:23,720 Speaker 1: In the case of the National Federation of Independent Business 138 00:11:23,800 --> 00:11:32,920 Speaker 1: versus Sibelius. Congress passed the individual mandate under the Commerce clause, 139 00:11:33,280 --> 00:11:37,840 Speaker 1: claiming it could regulate Americans by requiring them to buy 140 00:11:38,040 --> 00:11:42,280 Speaker 1: health insurance. That is unconstitutional. And you know what, Chief 141 00:11:42,440 --> 00:11:49,520 Speaker 1: Justice Robert said, No, that's unconstitutional. But he ruled that 142 00:11:49,559 --> 00:11:56,240 Speaker 1: Congress could not compel commres by regulating inactivity. That should 143 00:11:56,280 --> 00:11:57,880 Speaker 1: have been the end of it right there, but it 144 00:11:57,960 --> 00:12:03,160 Speaker 1: wasn't because Robert then pivoted. He argued that while the 145 00:12:03,280 --> 00:12:07,880 Speaker 1: mandate failed under the Commerce clause, the financial penalty for 146 00:12:08,000 --> 00:12:13,000 Speaker 1: not complying could be interpreted as a tax, even though 147 00:12:13,040 --> 00:12:18,079 Speaker 1: Congress called it a penalty and the Obama administration publicly 148 00:12:18,880 --> 00:12:23,400 Speaker 1: insisted that it was not a tax. So, in other words, 149 00:12:25,120 --> 00:12:28,600 Speaker 1: if the law can be reasonably interpreted in a way 150 00:12:28,679 --> 00:12:32,720 Speaker 1: that makes it constitutional, the Court has a duty to 151 00:12:32,920 --> 00:12:35,360 Speaker 1: do so. That's what Robert said. That's what Robert was 152 00:12:35,400 --> 00:12:43,680 Speaker 1: saying back then. That's judicial restraint through reinterpretation, and it 153 00:12:43,920 --> 00:12:51,000 Speaker 1: ended up saving Obamacare. Now fast forward to today the 154 00:12:51,120 --> 00:12:54,600 Speaker 1: ruling on tariffs. Now, Robert appears to be taking a 155 00:12:54,720 --> 00:12:59,480 Speaker 1: much stricter view of federal authority. Instead of asking, can 156 00:12:59,520 --> 00:13:02,760 Speaker 1: we but this in a way that preserves the policy, 157 00:13:03,840 --> 00:13:09,440 Speaker 1: the Court is now asking did Congress explicitly delegate this power? 158 00:13:09,840 --> 00:13:10,040 Speaker 2: Yes? 159 00:13:10,520 --> 00:13:15,559 Speaker 1: Or now? And if the answer is unclear, the policy fails. 160 00:13:16,160 --> 00:13:24,080 Speaker 1: Oh oh, John, no reinterpretation, Johnny, no constitutional rescue mission, 161 00:13:26,040 --> 00:13:32,240 Speaker 1: Justice Roberts, no creative reframing of statutory language, Sir, Just 162 00:13:32,320 --> 00:13:36,600 Speaker 1: the strict reading of what Congress authorized. This is a 163 00:13:36,600 --> 00:13:44,600 Speaker 1: bunch of bulls shigat egg. In twenty twelve, a penalty 164 00:13:44,720 --> 00:13:50,040 Speaker 1: was interpreted as a tax. Statutory ambiguity was resolved in 165 00:13:50,120 --> 00:13:54,040 Speaker 1: favor of federal power. The Court bent toward preserving a 166 00:13:54,120 --> 00:13:59,600 Speaker 1: domestic entitlement program. But now in twenty twenty six, under Trump, 167 00:14:01,360 --> 00:14:09,359 Speaker 1: delegated authority is being read very very narrowly. Statutory ambigunity 168 00:14:09,720 --> 00:14:16,400 Speaker 1: is resolved against executive trade power. The Court bends towards 169 00:14:16,559 --> 00:14:24,680 Speaker 1: limiting America First economic policy. Same chief justice, different interpretive instinct. 170 00:14:24,840 --> 00:14:33,440 Speaker 1: This is absurd. When ambiguity protected a progressive healthcare machime, 171 00:14:33,600 --> 00:14:40,440 Speaker 1: flexibility was constitutional virtue. When ambiguity might protect a nationalist 172 00:14:40,560 --> 00:14:48,920 Speaker 1: trade agenda, rigidity becomes constitutional discipline. That's not jurisprudence. That's 173 00:14:49,040 --> 00:14:53,680 Speaker 1: outcome sensitive restraint. And I'm telling you the Constitution was 174 00:14:53,720 --> 00:14:56,840 Speaker 1: not designed to expand or contract based on the policy 175 00:14:56,880 --> 00:15:05,200 Speaker 1: prefaces of the age, but to constrain were regardless of ideology. 176 00:15:06,000 --> 00:15:10,440 Speaker 1: If laws must be saved by creative interpretation, they were 177 00:15:10,520 --> 00:15:17,240 Speaker 1: never lawfully grounded, you know, to begin with hello, if 178 00:15:17,360 --> 00:15:23,120 Speaker 1: executive authority must be strictly enumerated today, one has to 179 00:15:23,240 --> 00:15:30,160 Speaker 1: ask why statutory clarity mattered less when the stakes were domestic, 180 00:15:30,360 --> 00:15:39,000 Speaker 1: but matters more when the stakes are global? Is the 181 00:15:39,080 --> 00:15:44,360 Speaker 1: constitutional interpretation of our preserving the system or preserving preferred 182 00:15:44,400 --> 00:15:51,280 Speaker 1: outcomes within it? Oh, I'm telling you see see, I'm 183 00:15:51,280 --> 00:15:57,560 Speaker 1: not even a constitutional expert, but when they announced this decision, 184 00:15:57,880 --> 00:16:03,440 Speaker 1: I was like, wait a minut a minute, Wait a minute, waite, 185 00:16:03,480 --> 00:16:07,680 Speaker 1: this is different from Obamacare. Then I call it up 186 00:16:07,760 --> 00:16:10,640 Speaker 1: a couple of my constitutional friends experts. I'm like, hey, 187 00:16:11,320 --> 00:16:14,120 Speaker 1: am I writing on this? They're like, oh, oh, oh 188 00:16:14,600 --> 00:16:18,640 Speaker 1: yeah you Yes. It was James T. Harris. I am 189 00:16:18,680 --> 00:16:22,920 Speaker 1: a talk show host out of a Phoenix, Arizona. My 190 00:16:23,000 --> 00:16:25,640 Speaker 1: show can be heard on five fifty KFYI in Phoenix, 191 00:16:25,720 --> 00:16:28,520 Speaker 1: seven ninety k s T and Tucson, the Conservative Circus. 192 00:16:28,560 --> 00:16:31,040 Speaker 1: If you want to follow me on social media, just 193 00:16:31,120 --> 00:16:36,200 Speaker 1: go to James T. Harris dot com. It's all right there, Facebook, Instagram, Twitter, 194 00:16:36,640 --> 00:16:40,200 Speaker 1: and you also the Clarity Report where today we're talking 195 00:16:40,240 --> 00:16:43,600 Speaker 1: about we're looking at clarity here with the Supreme Court decision. 196 00:16:44,600 --> 00:16:51,240 Speaker 1: The Supreme Court has ruled that President Trump cannot use tariffs. 197 00:16:51,680 --> 00:16:55,040 Speaker 1: He can't use tariffs to stop wars, he can't use 198 00:16:55,160 --> 00:17:01,640 Speaker 1: tariffs in Texas, he can't use tariffs as Lebret and 199 00:17:01,720 --> 00:17:04,080 Speaker 1: some folks out there were saying, you know what, I 200 00:17:04,119 --> 00:17:08,000 Speaker 1: could see how the Supreme Court, you know why they 201 00:17:08,000 --> 00:17:12,760 Speaker 1: would think this. I was talking to Chris, that is 202 00:17:13,240 --> 00:17:17,440 Speaker 1: Jesse Kelly's producer, and he told me, I mean, constitutionally, 203 00:17:17,520 --> 00:17:21,119 Speaker 1: yes it is. The Congressate is supposed to have this 204 00:17:21,359 --> 00:17:25,720 Speaker 1: taxing authority. But you know it gets it gets kind 205 00:17:25,720 --> 00:17:28,480 Speaker 1: of not I want to say, convoluted. There are gray 206 00:17:28,840 --> 00:17:33,720 Speaker 1: areas here and right or wrong. You have the President 207 00:17:33,760 --> 00:17:36,600 Speaker 1: of the United States who use those gray areas to 208 00:17:36,760 --> 00:17:45,679 Speaker 1: put his agenda together. And what's crazy about this is 209 00:17:45,720 --> 00:17:50,680 Speaker 1: that you have three conservatives on the Court dissenting say 210 00:17:50,800 --> 00:17:54,520 Speaker 1: that no, no, no, no, this man Trump is not wrong. 211 00:17:54,600 --> 00:17:59,919 Speaker 1: Trump is He's following the law. The dissent is calling 212 00:18:00,119 --> 00:18:04,040 Speaker 1: out the major decision, the majority decision, which was a 213 00:18:04,160 --> 00:18:10,160 Speaker 1: let me see gorsag Amy, Coney, Barrett, Justice Roberts joining 214 00:18:10,320 --> 00:18:15,119 Speaker 1: the three dem or liberals. And you know you have 215 00:18:15,320 --> 00:18:18,280 Speaker 1: Trump de arrangement syndrome on the Supreme Court. Can we 216 00:18:18,320 --> 00:18:23,159 Speaker 1: agree with that? Can we agree to that? Yes, you 217 00:18:23,359 --> 00:18:27,440 Speaker 1: have three conservative justices joining with the Trump de arrangement 218 00:18:27,560 --> 00:18:34,359 Speaker 1: syndrome crowd. This is bad. And you can really tell 219 00:18:34,560 --> 00:18:37,240 Speaker 1: how bad it is just by reading some of Clarence 220 00:18:37,280 --> 00:18:42,760 Speaker 1: Thomas's descent. He dropped a constitutional nuke on the anti 221 00:18:42,840 --> 00:18:50,679 Speaker 1: tariff crowd. It's always fascinating to watch folks who spend, 222 00:18:50,760 --> 00:18:53,280 Speaker 1: you know, to spend the last eight years screaming that 223 00:18:53,359 --> 00:18:57,000 Speaker 1: Donald Trump was an authoritarian suddenly run to the courts 224 00:18:57,040 --> 00:19:01,320 Speaker 1: demanding that President the President not used powers that Congress 225 00:19:01,600 --> 00:19:09,719 Speaker 1: gave to him in this major tariff case. Today, Supreme 226 00:19:09,760 --> 00:19:14,000 Speaker 1: Court Justice Claris Thomas stepped into his dissent and basically said, 227 00:19:14,840 --> 00:19:22,000 Speaker 1: what are you people even talking about? Just as Thomas wrote, 228 00:19:22,240 --> 00:19:26,000 Speaker 1: and I want you to hear this quote, neither the 229 00:19:26,040 --> 00:19:31,240 Speaker 1: statutory text nor the Constitution provide a basis for ruling 230 00:19:31,560 --> 00:19:35,719 Speaker 1: against the president. In other words, this isn't even close. 231 00:19:36,000 --> 00:19:41,840 Speaker 1: Congress authorized the president to regulate importation. Now that phrase 232 00:19:42,119 --> 00:19:49,080 Speaker 1: regulate importation isn't vague, it's not theoretical, it's not symbolic. 233 00:19:49,640 --> 00:19:53,320 Speaker 1: Historically and legally, it has always meant the ability to 234 00:19:53,400 --> 00:20:01,080 Speaker 1: impose duties on imports, tariffs, taxes on on foreign goods, 235 00:20:01,720 --> 00:20:09,359 Speaker 1: economic leverage. And then Justice Thomas wentn't even further. He 236 00:20:09,520 --> 00:20:13,960 Speaker 1: reminded the Court, and frankly, he reminded the country that 237 00:20:14,080 --> 00:20:19,080 Speaker 1: this exact authority was used by President Nixon and upheld 238 00:20:19,320 --> 00:20:29,480 Speaker 1: under the same statutory language. Justice Thomas brought receipts. So 239 00:20:29,640 --> 00:20:33,600 Speaker 1: this isn't Trump inventing new power. This is Trump using 240 00:20:33,760 --> 00:20:39,960 Speaker 1: old power that Congress gave the presidency and that the 241 00:20:40,040 --> 00:20:50,240 Speaker 1: Supreme Court itself has blessed repeatedly since the founding. And 242 00:20:50,240 --> 00:20:52,280 Speaker 1: you know what, You know what, here's the part that 243 00:20:52,320 --> 00:20:57,480 Speaker 1: the act of his class really really hates. Justice Thomas 244 00:20:57,560 --> 00:21:00,800 Speaker 1: writes that because the Constitution assigns made any powers to 245 00:21:00,880 --> 00:21:06,520 Speaker 1: Congress that don't even implicate the non delegation doctrine, Congress 246 00:21:06,560 --> 00:21:12,600 Speaker 1: may and has delegated those powers to the president repeatedly 247 00:21:13,880 --> 00:21:20,159 Speaker 1: with the Court's blessing. So so what does that mean. 248 00:21:21,000 --> 00:21:26,600 Speaker 1: What does that? What does that mean? It means the 249 00:21:26,640 --> 00:21:31,160 Speaker 1: President of the United States has lawful authority to economically 250 00:21:31,240 --> 00:21:37,200 Speaker 1: defend this country. It means the President of the United 251 00:21:37,200 --> 00:21:43,919 Speaker 1: States has lawful authority to level the playing field. It 252 00:21:44,040 --> 00:21:48,280 Speaker 1: means the President of the United States has the lawful 253 00:21:48,359 --> 00:21:58,080 Speaker 1: authority to stop subsidizing foreign labor with American decline. And 254 00:21:58,119 --> 00:22:02,080 Speaker 1: if you want to have an honest debate about tariff's, fine, fine, 255 00:22:02,760 --> 00:22:08,120 Speaker 1: but let's stop pretending that using them is unconstitutional when 256 00:22:08,280 --> 00:22:12,960 Speaker 1: history statued and now Justice Clarence Thomas all say it 257 00:22:13,200 --> 00:22:19,679 Speaker 1: absolutely is not. And this is what this is what 258 00:22:19,880 --> 00:22:23,840 Speaker 1: just I am very I am very upset today. Can 259 00:22:23,840 --> 00:22:28,440 Speaker 1: you tell, hey, Chris, that's a that's Jessic Kelly's producer. 260 00:22:28,560 --> 00:22:32,920 Speaker 1: Can you tell that I am very upset? He said, 261 00:22:32,960 --> 00:22:38,280 Speaker 1: I'm amped up. I am amped up, and I'm amped 262 00:22:38,359 --> 00:22:41,120 Speaker 1: up because once again, here we are. I mean here 263 00:22:41,160 --> 00:22:44,280 Speaker 1: we are. We're rolling. We're rolling like we have never 264 00:22:44,359 --> 00:22:49,640 Speaker 1: been rolling before. I don't maybe the closest we've ever 265 00:22:49,680 --> 00:22:53,280 Speaker 1: been rolling like this is President Reagan, who ushered in 266 00:22:53,480 --> 00:22:57,320 Speaker 1: a sixteen year economic boom, and then once Clinton started 267 00:22:57,400 --> 00:22:59,280 Speaker 1: running for office start he turned around talking about this 268 00:22:59,320 --> 00:23:01,920 Speaker 1: is the worst economy in fifty years. And that's what 269 00:23:02,119 --> 00:23:09,680 Speaker 1: James Carvill came up with. The economy stupid and then 270 00:23:09,720 --> 00:23:14,560 Speaker 1: stupid people went with it. People watching their nightly news. 271 00:23:19,920 --> 00:23:23,479 Speaker 1: I'm amped up because people refuse to see what's happening. 272 00:23:23,520 --> 00:23:28,679 Speaker 1: Gas prices going down. People. Yeah, we do have some turbulence, 273 00:23:28,760 --> 00:23:30,639 Speaker 1: you know, in the economy right now. But is it 274 00:23:30,720 --> 00:23:33,919 Speaker 1: headed in the right direction or the wrong direction? Because 275 00:23:34,000 --> 00:23:37,720 Speaker 1: we forget it was headed in the wrong direction under 276 00:23:37,720 --> 00:23:41,879 Speaker 1: the Biden administration, who brought us the highest fastest inflation 277 00:23:42,080 --> 00:23:48,680 Speaker 1: increase in American history, and they wouldn't call it inflation. 278 00:23:50,280 --> 00:23:53,560 Speaker 1: President Trump told you exactly what he was going to do. 279 00:23:53,680 --> 00:23:57,399 Speaker 1: Wait a minute, President Trump has been talking about tariffs 280 00:23:57,600 --> 00:24:01,480 Speaker 1: for the last thirty years. I was talking about tariffs 281 00:24:01,480 --> 00:24:03,879 Speaker 1: when he was on the Uprah Winfrey Show back. But 282 00:24:04,040 --> 00:24:10,800 Speaker 1: she was really fat in the eighties. Have you seen 283 00:24:10,840 --> 00:24:13,359 Speaker 1: her lately? She's lost that. Wait, she says she had 284 00:24:13,359 --> 00:24:15,400 Speaker 1: a fat gene. She was on the view. She says 285 00:24:15,440 --> 00:24:17,560 Speaker 1: she had a fat gene. And you know what, the 286 00:24:17,640 --> 00:24:19,879 Speaker 1: right drugs and stuff. That's why she was able to 287 00:24:19,880 --> 00:24:22,440 Speaker 1: turn a corner. I know that because see, my mom 288 00:24:22,520 --> 00:24:24,600 Speaker 1: is visiting with me. My mom is ninety seven years old. 289 00:24:24,680 --> 00:24:26,280 Speaker 1: She can watch whatever she wants to watch it. She 290 00:24:26,320 --> 00:24:29,879 Speaker 1: watches The View, and she watches David Murrror, and she 291 00:24:29,960 --> 00:24:36,560 Speaker 1: watches MSNBC. Y'all pray for me, pray for me. But 292 00:24:36,880 --> 00:24:39,040 Speaker 1: because of that, I get to see what the other 293 00:24:39,160 --> 00:24:46,840 Speaker 1: side is being fed constantly, constantly. They don't know about 294 00:24:46,880 --> 00:24:49,639 Speaker 1: how the economy is turning around. They don't know about 295 00:24:49,680 --> 00:24:52,280 Speaker 1: the billions of dollars that the tariffs have brought in. 296 00:24:53,520 --> 00:24:55,919 Speaker 1: They don't know that President Trump used the tariffs to 297 00:24:56,000 --> 00:24:58,840 Speaker 1: do what's to stop four wars. They don't know that. 298 00:25:06,119 --> 00:25:09,280 Speaker 1: They don't know that President Obama deported more people than 299 00:25:09,320 --> 00:25:11,840 Speaker 1: the Obama administrator or than the Trump administration. They don't 300 00:25:11,840 --> 00:25:16,080 Speaker 1: know any of that. That's why President Trump started to 301 00:25:16,119 --> 00:25:18,640 Speaker 1: tell some of the truth today during a press conference. 302 00:25:18,680 --> 00:25:20,960 Speaker 1: We will get to that coming up next. James T. 303 00:25:21,080 --> 00:25:24,040 Speaker 1: Harris sitting in for the Jesse Kelly Show. You are 304 00:25:24,080 --> 00:25:28,040 Speaker 1: listening to the Jesse Kelly Show. My name is James T. Harris. 305 00:25:28,320 --> 00:25:31,119 Speaker 1: I am a talk show host out of Phoenix, Arizona. 306 00:25:31,600 --> 00:25:33,920 Speaker 1: My show that Conservative Circus can be heard of five 307 00:25:33,960 --> 00:25:37,960 Speaker 1: fifty KMFYI and Phoenix A seven ninety knst in Tucson. 308 00:25:38,240 --> 00:25:41,359 Speaker 1: Of course, you can catch it on the free iHeartRadio 309 00:25:41,400 --> 00:25:45,119 Speaker 1: app six till ten every Monday through Friday. For follow 310 00:25:45,200 --> 00:25:47,760 Speaker 1: me on social media, you can go to James T. 311 00:25:47,880 --> 00:25:49,919 Speaker 1: Harris dot com. There you will see all of my 312 00:25:50,160 --> 00:25:53,119 Speaker 1: socials and the Clarity Report in which we spent some 313 00:25:53,240 --> 00:25:55,639 Speaker 1: time talking about the events of the day. What were 314 00:25:55,680 --> 00:25:58,119 Speaker 1: the events of the day while the Supreme Court just 315 00:25:58,240 --> 00:26:03,840 Speaker 1: shut down President trump brilliant America First economic policies. So 316 00:26:03,880 --> 00:26:05,880 Speaker 1: how did they do that? They said that he does 317 00:26:05,920 --> 00:26:10,840 Speaker 1: not have the right to issue these tariffs. And my 318 00:26:11,000 --> 00:26:14,240 Speaker 1: bugget aboo is that instead of being flexible like they 319 00:26:14,240 --> 00:26:17,960 Speaker 1: were under Obama with a hideous Obamacare that is draining 320 00:26:18,000 --> 00:26:23,199 Speaker 1: and just bankrupting the country, they showed no flexibility whatsoever 321 00:26:23,359 --> 00:26:27,239 Speaker 1: with President Trump and the tariffs, paid no attention to 322 00:26:27,440 --> 00:26:31,040 Speaker 1: the wealth that it is bringing back to the country, 323 00:26:31,800 --> 00:26:36,080 Speaker 1: gave us a very narrow interpretation. Only Congress can aushow 324 00:26:36,160 --> 00:26:43,440 Speaker 1: these things. Oh, okay, okay. And John Roberts, Chief Justice 325 00:26:43,520 --> 00:26:50,000 Speaker 1: John Roberts, of course he gave his decision. I don't 326 00:26:50,119 --> 00:26:54,240 Speaker 1: like him. I don't like him. I don't like his decision. 327 00:26:54,280 --> 00:26:55,720 Speaker 1: I don't like the way he thinks we don't get 328 00:26:55,720 --> 00:27:00,720 Speaker 1: clarity with Justice Roberts. We don't get clarity. We get 329 00:27:00,760 --> 00:27:08,000 Speaker 1: more confusion, and we get angst because people are reading 330 00:27:08,040 --> 00:27:11,160 Speaker 1: the Constitution. Well, do you don't know Obamacare is unconstitutional? 331 00:27:11,440 --> 00:27:14,840 Speaker 1: They can't. Well, it would be unconstitutional if they were 332 00:27:14,840 --> 00:27:17,120 Speaker 1: to call it this. But if you called it that 333 00:27:18,680 --> 00:27:20,560 Speaker 1: and then it does it go back to Congress and 334 00:27:20,640 --> 00:27:22,920 Speaker 1: do they reshape it? So they call it that now? 335 00:27:23,160 --> 00:27:25,360 Speaker 1: They just said, if you and then run with it. 336 00:27:25,640 --> 00:27:27,720 Speaker 1: Come on, man, come on, y'all, come on, come on. 337 00:27:29,960 --> 00:27:33,240 Speaker 1: President Trump addressed the nation that they came out after 338 00:27:33,359 --> 00:27:37,040 Speaker 1: the got the news about the Supreme Court decision, and 339 00:27:37,080 --> 00:27:40,040 Speaker 1: this is what he had to say. He had to say, 340 00:27:40,080 --> 00:27:43,160 Speaker 1: I'm tired. No, we got kind of closed. 341 00:27:43,440 --> 00:27:50,760 Speaker 2: The Supreme Court's ruling on tariffs is deeply disappointing, and 342 00:27:50,800 --> 00:27:53,880 Speaker 2: I'm ashamed of certain members of the Court. Me too, 343 00:27:53,880 --> 00:27:56,919 Speaker 2: Absolutely ashamed me too for not having the courage to 344 00:27:56,960 --> 00:27:58,880 Speaker 2: do what's right in our country. 345 00:28:00,080 --> 00:28:00,879 Speaker 1: I'd like to. 346 00:28:00,840 --> 00:28:05,800 Speaker 2: Thank and congratulate Justices Thomas, Alito and Kavanaugh for their 347 00:28:05,880 --> 00:28:10,679 Speaker 2: strength and wisdom and love of our country which is 348 00:28:10,960 --> 00:28:13,920 Speaker 2: right now. Very proud of those justices. 349 00:28:14,080 --> 00:28:16,719 Speaker 1: No, I know I am when you know I always 350 00:28:16,720 --> 00:28:20,440 Speaker 1: hear all the time about how brilliant Katanji Jackson o'broon 351 00:28:20,520 --> 00:28:24,760 Speaker 1: or whatever. She's a box dumb as a box of rocks. 352 00:28:24,800 --> 00:28:29,880 Speaker 1: Wait a minute, she's as dumb as AOC. We got 353 00:28:29,880 --> 00:28:32,080 Speaker 1: a chance to see how ignorant ALC is this, we 354 00:28:32,200 --> 00:28:35,080 Speaker 1: didn't we She went all the way over to Germany 355 00:28:35,680 --> 00:28:38,280 Speaker 1: to show the world how stupid the Democrat Party is. 356 00:28:38,320 --> 00:28:40,760 Speaker 1: Am I being too harsh, Chris? Am I being too harsh? 357 00:28:41,000 --> 00:28:47,080 Speaker 1: Chris is Jesse Kelly's producer, and am I being too harsh? 358 00:28:47,240 --> 00:28:49,960 Speaker 1: He said, no, he doesn't think so. I'm wound up. 359 00:28:50,880 --> 00:28:54,480 Speaker 1: I'm wound up, Yes, sir, Yes, we would like to 360 00:28:54,520 --> 00:28:58,280 Speaker 1: thank uh the conservative justices on the Court who are 361 00:28:58,280 --> 00:29:01,600 Speaker 1: looking at rule of law instead of trying to hamper 362 00:29:01,640 --> 00:29:03,480 Speaker 1: President Trump's policy. 363 00:29:04,280 --> 00:29:07,320 Speaker 2: Read the dissenting opinions. There's no way that anyone can 364 00:29:07,440 --> 00:29:09,720 Speaker 2: argue against them. 365 00:29:10,120 --> 00:29:10,720 Speaker 1: There's no way. 366 00:29:12,440 --> 00:29:15,240 Speaker 2: Foreign countries that have been ripping us off for years 367 00:29:15,320 --> 00:29:21,400 Speaker 2: are ecstatic. They're so happy and they're dancing in the streets. 368 00:29:21,440 --> 00:29:24,360 Speaker 2: But they won't be dancing for long that I can 369 00:29:24,400 --> 00:29:30,720 Speaker 2: assure you. Democrats on the Court are thrilled, but they 370 00:29:30,720 --> 00:29:33,560 Speaker 2: will automatically vote no. They're an automatic no. Just like 371 00:29:33,600 --> 00:29:38,720 Speaker 2: in Congress, they're an automatic no. They're against anything that 372 00:29:38,800 --> 00:29:43,440 Speaker 2: makes America strong, healthy, and great again. They also are 373 00:29:43,480 --> 00:29:47,800 Speaker 2: a frankly disgrace to our nation, those justices. 374 00:29:48,920 --> 00:29:49,880 Speaker 1: They're an automatic no. 375 00:29:49,880 --> 00:29:51,880 Speaker 2: No matter how good a case you have, it said, no, 376 00:29:54,320 --> 00:29:54,880 Speaker 2: he's right. 377 00:29:56,600 --> 00:29:59,720 Speaker 1: They are a disgrace. The Democrats are a disgrace. That 378 00:29:59,760 --> 00:30:06,080 Speaker 1: is I'll say it again. Our biggest enemy isn't in China. 379 00:30:06,200 --> 00:30:12,920 Speaker 1: Our biggest enemy isn't in Iran. Our biggest enemy is 380 00:30:13,440 --> 00:30:17,600 Speaker 1: in our own country. It's the Democrats and the Republicans 381 00:30:17,640 --> 00:30:20,680 Speaker 1: that side with them. Yes, said it. I hate this. 382 00:30:21,040 --> 00:30:24,760 Speaker 1: I hate this. It's the same thing over and over 383 00:30:25,040 --> 00:30:29,040 Speaker 1: and over and over again. It's the same thing in Congress. 384 00:30:29,160 --> 00:30:31,240 Speaker 1: You know what, we could have avoided all of this 385 00:30:31,400 --> 00:30:34,560 Speaker 1: tariff mess if the Republicans would get off of their 386 00:30:34,680 --> 00:30:38,880 Speaker 1: dead assets and do their job. Oh, we can't do that. 387 00:30:39,280 --> 00:30:42,800 Speaker 1: We have to uphold to the traditions of the Senate. 388 00:30:43,080 --> 00:30:47,560 Speaker 1: We can't break the filibuster. Would it be unconstitutional? Now? 389 00:30:47,800 --> 00:30:51,120 Speaker 1: Is tradition reminded me of the Pharisees. Reminded me of 390 00:30:51,160 --> 00:30:55,880 Speaker 1: the Pharisees. The traditions of men over the word of God. 391 00:30:56,000 --> 00:30:57,560 Speaker 1: Now in this case, you know, it's not the word 392 00:30:57,600 --> 00:30:59,520 Speaker 1: of God, it's just the constitution, the constitution of the 393 00:30:59,520 --> 00:31:02,240 Speaker 1: Supreme So what about your traditions. What if your traditions 394 00:31:02,280 --> 00:31:05,440 Speaker 1: are getting in the way of an America First policy? 395 00:31:05,600 --> 00:31:08,160 Speaker 1: What if you were allowing Democrats to punk you like 396 00:31:08,440 --> 00:31:13,640 Speaker 1: poopoo the fool and that's what they're doing. That's what 397 00:31:13,640 --> 00:31:17,160 Speaker 1: they're doing. The Democrats have told you the moment they 398 00:31:17,160 --> 00:31:19,680 Speaker 1: get into office, they're gonna do away with the philibusters. 399 00:31:19,680 --> 00:31:22,040 Speaker 1: They gonna stack the court, They're gonna stack the court. 400 00:31:22,040 --> 00:31:24,920 Speaker 1: Then what you're gonna do? John Roberts ooh almost says 401 00:31:24,920 --> 00:31:32,800 Speaker 1: some what you're gonna do? Then we can't break our traditions? Well, 402 00:31:32,800 --> 00:31:35,800 Speaker 1: can you at least make the Democrats stand up and speak? 403 00:31:35,840 --> 00:31:37,600 Speaker 1: You know, if you're gonna have a philibuster, maybe they should, 404 00:31:37,640 --> 00:31:39,480 Speaker 1: you know, get one of them them bags and you know, 405 00:31:39,520 --> 00:31:41,240 Speaker 1: so they can just pee while they're standing up and 406 00:31:41,240 --> 00:31:43,239 Speaker 1: stuff and then just talk until, you know, to get 407 00:31:43,280 --> 00:31:45,320 Speaker 1: their point across. Can you make them do that instead 408 00:31:45,320 --> 00:31:47,400 Speaker 1: of saying we have a philibuster and then going golf 409 00:31:47,400 --> 00:31:52,080 Speaker 1: and get kid. Can you because that was a tradition 410 00:31:52,280 --> 00:31:54,840 Speaker 1: to the tradition of when you have a philibuster, you 411 00:31:54,840 --> 00:31:57,080 Speaker 1: would stand up and talk. I saw mister Smith go 412 00:31:57,160 --> 00:32:09,120 Speaker 1: to Washington. What are we gonna do now? I mean, 413 00:32:09,120 --> 00:32:16,280 Speaker 1: what's next? I mean I who was it? Was it? Uh? Kavanaugh? 414 00:32:16,680 --> 00:32:18,520 Speaker 1: It was Kavanaugh? That was it to talk about? You know, 415 00:32:18,600 --> 00:32:20,160 Speaker 1: this is gonna be a real mess to have to 416 00:32:20,160 --> 00:32:24,760 Speaker 1: pay all this money back. Oh oh, what we gotta 417 00:32:24,800 --> 00:32:30,600 Speaker 1: give the billions back? Did you discuss how that's gonna happen, 418 00:32:30,640 --> 00:32:35,400 Speaker 1: Supreme Court? Boy? If I was President Trump right now, 419 00:32:35,520 --> 00:32:38,720 Speaker 1: I would I would channel my inner president Andrew Jackson, 420 00:32:38,760 --> 00:32:40,520 Speaker 1: say what you're gonna do, Court, what you're gonna do? 421 00:32:40,640 --> 00:32:43,240 Speaker 1: Come get this money? I dare you, I double dog 422 00:32:43,360 --> 00:32:43,800 Speaker 1: dare you