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Well, whiskey, coming game,
my pain, money, my brain,

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Oh whiskey, don't you let Me? From Powerline blog dot com and produced

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by Ricochet dot Com. This is
the Three Whiskey Happy Hour with your bartenders

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Steve Hayward, John You and power
Lines International Woman of Mystery Lucretia has gotta

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giving let that whiskey bloat where you're
being in loud down and low. Well,

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Hi everybody, and welcome to it. Really is a night at the

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improv episode of the Three Whiskey Happy
Hour, because we weren't even sure we

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were going to try it. This
week. John is in South Korea.

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I've been away behind enemy lines in
Irin County trying to not drink the kool

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aid. Lucretia has been busy as
heck, except we've been getting a lot

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of Twitter notes another notes from people
saying God, I hope you guys will

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tell us what to think about these
Supreme Court cases and a couple of other

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issues. So here we are.
I've got not Scott's but a martini in

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hand. John has a thirty year
old whiskey somebody in Korea gave him.

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Lucretia has a cat. Lucretia has
a cat. Guess. Anyway, John,

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I have found a new way to
annoy you because at this really terrific

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conference of believe it or not smart
progressives, I had a fascinating conversation about

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the nitrogen cycle, which is gonna
be you realize that half the listeners just

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turned the podcast off. Nitrogen cycle. Well, now, I mean,

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without saying too much, it's a
long story, but I was. I

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actually go meet every year for the
last more than ten years with these very

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smart progressives who are dissonanced from the
party line. That's why I like them.

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And a couple of them came up
to me and sort of quietly said,

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you know, I listened to the
three whiskey Happy Hour. I don't

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want to know that, but I
love you guys. Hope. That's unusual

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because because I mean, look,
I did give a talk this morning where

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I did a land acknowledgment to upset
them, and you know, I pointed

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out that ninety percent of the audience
I'm to the right of ninety to ninety

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five percent of the audience who was
there, which I'm sure is right.

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And anyway, it was fun.
So I poked him a bit and wait,

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so what was your land acknowledgment,
I'm grateful for the land that I've

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taken from the Indians. I was
attempting to do that. Now it's something

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else. It takes too long to
explain, but the joke landed. Did

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I did use the long story.
It's the last one of these annual meetings,

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and I said, you know,
and I was the last speaker after

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three days. And I said,
you know, I told these guys was

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a bad idea to have me on
last, because I'm going to go full

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Ricky Gervaise at the last Golden Globe
Awards and I'm going to say, right,

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I know, well, that was
the greatest eight minutes in television ever.

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I think if you've never sew I've
never seen. I got to watch

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that. Oh oh my god,
it's fantastic. He just totally flayed Hollywood

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pretensions. And so I don't care. It's the last time. And so

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that's why I said, this is
the last meeting. I'm the last speaker.

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Are you guys? Are you guys
have any idea how reckless you were

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letting me go last? And I
said, but I can reverse one thing.

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Ricky Gervay said, some listeners will
know this. John it is famous

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on YouTube. And I said,
I'll reverse what one thing Ricky Gervay said,

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which is, all of you in
this room have more education than Greta

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Thunberg, which is true. It's
a lot of really smart graduate from high

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school. Right. Well, no, that was Ricky Gervasis. No,

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all of you shut up. You
have less schooling than Gota Thunberg. If

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you get your ward, come up, get your ward, thank your agent,

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and then f off. It was
brilliant. This is anyway. He

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made great jokes about all that.
It was okay, But but back to

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the point. Unless you want to
brag about your whiskey for a minute,

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John, Well, no, I
have the story related to your nitrogen cycle,

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I guess. But yeah, I'm
here in Korea. I'm actually about

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to head back home. But I
was headlining a meeting of the Berkeley Alumni

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Society here in Seoul, which is
for some reason, maybe the strongest alumni

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club that Berkeley has abroad. And
it was a great time. And you

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know, I haven't really been able
to visit because of the COVID lockdowns,

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so it was great to see everybody
and see generations and generations of students.

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But the other interesting line. I'd
like to mention about what you said.

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Was I taught a class on strategy. I teach a summer class at Berkeley.

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So I taught a class on strategy, and one of the sessions was

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on political movements, you know,
strategy like political strategy, legal strategy,

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and so I talked about the civil
rights movement perhaps is being the most successful

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underdog strategy. These it's about thirty
five summer students. They all wanted to

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talk about why, in their minds, the campaign for climate change has not

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worked. Oh, they think this
is a great failure. And they were

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going on and on about what a
great leader Greta Thumberg was and how in

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Europe this has had enormous success but
has been total failure in the United States.

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And I said, I can't believe
you guys have had the success you

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have because you don't deserve it.
It's a totally terrible public policy that's bankrupting,

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going to bankrupt the country. But
from their perspective, the whole thing

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has been a failure. Yeah.
So, by the way, that's not

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even true about Europe. I mean
all these I keep calling the smart progressions

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and actually mean that, And they
all have complete contempt for Greta Thunberg.

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They realized what a farce that is, and they're all realist about the policy.

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I mean, that's why I liked
them as and so actually you should

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have zoomed me in or zoomed my
talk, because I talked about well,

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I had a lot of fun.
I compared the climate change movement in some

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respect to the temperance movement. I
said, look, the temperance movement succeeded,

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but then they passed the twentieth Amendment
and we all realized there was a

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dreadfulness and we got rid of it
as fast as we could. And my

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punchline was, you know, Will
Rogers in the nineteen twenty said I love

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this from Will Rob. Bill Rogers
was the Bill Maher of his time.

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You know, he was the someone
who sympathized with progressivism but was a critic

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of it, and he what it
was. His great lines was, well,

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at least prohibition is better than no
liquor at all. And my update

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was, well, at least nets
we're gonna say, twenty thirty years from

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now, we're going to say,
well, at least net zero was better

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than no fossil fuels at all and
I actually got a little bit a chuckle

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out of the audience about that nearly, I'm sure. Well though they laughed

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big at a couple of my other
jokes, but like my land acknowledgement to

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couple anyway. And so yeah,
it's uh too bad. I wasn't there,

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John, and send me next time
you stay home. And I don't

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know, but okay, oh,
I guess say, South Korea great food,

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and you know they're I mean,
they're constantly amazed at how Korean culture

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has become so popular, you know, right, a Korean language movie won

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the Academy Award. That's a mind
blowing in this tiny little country of forty

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million people. And the other thing
about Korea that's interesting is always changing so

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fast. I mean twenty five million
people, which is you know, more

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than half the country's population live in
the capitol, and it's constantly changing quickly.

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But unlike other cities of this size, like Mexico City or South Paolo,

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the city is run extremely efficiently,
right, even though it's in a

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democracy, and so it's really it's
a really interesting thing to come see.

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I mean San Francisco, which has
not even a million people, is dysfunctional.

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Right, What wasn't that k pop
video? What was it a few

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years ago? Gangnam Style? That
was like the number one video on YouTube

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for a long time. Maybe,
Oh yeah, Oh you're so out of

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it, Steve. There are all
these Korean boy bands and girl bands,

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which are you know, they're just
as big as Taylor Swift in the world.

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My assistance. My assistant is Mexican
and she her cousin, learned Korean

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because she became a huge fan of
that what's it called again music in South

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Korea? Hey pop? K pop
the letter K and Korean pop? Yeah

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for Korean. She speaks fluent Korean. Now, well you oh my god,

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she's doing better than me. I
was gonna say, how many you

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should start listening to it? How
many words of Korean do you know?

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John? I think like two.
I have like the vocabulary of a three

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year old and that's an and that's
in English. I say, look,

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the vocabulary of a three year old
Korean might be pretty good. I'm just

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just saying. Did I don't think
I inflicted this bad joke on you guys?

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As you know, the news story
a week or two ago was North

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Korea was sending balloons full of excrement
more South and then South Korea responded by

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blaring K pop music. Thought,
oh great, this is kpe pop against

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Katee poop. You know it's your
fault, John, because you sometimes stupid

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jokes. I never I know it. We we released the Kraken well,

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and of course you know both their
violations of a certain statute. I will

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not mention here, and we'll use
that to move on to our main subject,

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which is the Supreme Court is in
its final innings and we're still waiting

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for some of the really big cases. But a couple came out this week,

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and I was going to pile them
up and discuss them next week or

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the week after. But we have
a lot of listeners and readers at power

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Line write in yesterday and today I
said, oh, well, you guys,

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you know what to think about this
tax case? What did to think

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about the two gun cases that come
out came out this week? And so

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I don't know who wants to go
first. I know Lucretia thinks that all

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confusion about the tax case did it
actually erect the fireworks? Me? Why

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don't know? Why didn't I start
about the text? Yeah, explain it

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please, because that was actually the
request. John was free ye talking about

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it, not me. Yeah,
I know, I'm happy to explain it.

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But it's actually, I think,
really important case just in terms of

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policy, but also in terms of
how you interpret the Constitution. It's a

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very interesting test case. And I
filed, just in full disclosure, I

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filed an amigas brief for this group
called Freedom Works, which is a fairly

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libertarian group down in Georgia, with
Richard Epstein, my law Talk Hawk cast

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co hosts. So, in the
tradition, somedays Steve and Lucretian I are

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destined to file an amigas brief in
a Supreme Court case, probably a case

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defending Linda and I probably went ticket
case defending someone within with multiple AR fifteens

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shooting up a copy of the Clean
Air Act. You said it, Oh,

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so this is this case. The
text case is really interesting. It

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was called More versus the United States. And so the sixteenth Amendment to the

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Constitution, which is a one of
the great Progressive era changes to the Constitution,

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authorized an income tax. So the
question is what is income The amazing

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thing is that the Supreme Court really
has never told us. So one thing

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we all know is income is when
you get a salary, and maybe when

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you get rent from land, right, but doesn't include and now and most

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people agree although the true the Biden
administration fully agrees with it that property is

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not income. Right, that the
states can tax your property, and they

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do almost all of them, but
the federal government can't tax your property.

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So, and this is really prompted
by Elizabeth Warren and all these people,

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you know, like Piquetti writing this
book on Capitol, who are all claiming

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there's a huge imbalance of wealth in
the country. What about changes in the

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value of your assets stock primary if
your stock in Nvidia, which has gone

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up I think like five hundred percent
in the last year or two, Yeah,

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goes up. Can the federal government
claim the increase in your assets the

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value of your assets that is income? Is that income or do you have

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to then this is the legal phrase, do you have to realize the change

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in value in otherwise do you have
to sell it the stock? And then

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once you get the value of the
increase, that's income. Can that be

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taxed? So for by put practice
and tradition, for almost the last hundred

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years, the irs generally only taxes
you when you sell your stock, not

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when the stock goes up in value, but you don't do anything. But

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there is and I'll just stop her
here. There was in the Donald Trump

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twenty seventeen Tax Reform Act there was
a small provision, and fairly technical one

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that for a very small number of
people taxed an increase in the value of

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an enterprise abroad. This one was
in India, even though the stock had

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never been sold. So that raised
the constitutional question. And the government consider

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income to be just your asset prices
going up and down, and not just

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when you sell the stock or get
a salary. So let me ask before

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I have a very simple question for
the simple minded here. So if they

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were to say that, yes,
you can tax an asset, and I

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know that they tried to make all
of these so they started to circumscribe the

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reach of the case and all that. I'm sure we'll come back to that.

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But so I know that if you
go to Las Vegas and you lose

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money, you're a professional gambler and
you take the losses that you also have

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to take your winnings and vice versa. So if they decide to tax assets,

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who, I mean, what kind
of regime. No excuse me.

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If they decide to tax unrealized assets, unrealized gains on stocks or the value

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of a company, which this is, that part doesn't make any sense to

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me. Do they also give you
a tax break if you still haven't sold

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it but you've lost in the stock
market? I mean yes. So theoretically,

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if you were, if you were
to do this properly, and you're

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going to tax people when their assets
went up, you should allow them a

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corresponding reduction, a credit or a
deduction when the prices go back down.

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But this would be you know,
so, the one thing this raises is

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the massive costs of compliance with this, right right, like every seven thousand

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new IRS agents. Well, so, first of all, I mean a

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couple of points here, because I'm
you know, an old economics and kind

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of an accounting geek. Is first
of all, the creatia maybe you must

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have a tax person and don't know
this stuff yourself. You can only do

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I look like on taxes, well, I don't know. I used to

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be I have the most amazing tax
accountant. As a matter of fact,

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here's the point on you will get
taxed on your gains, but the federal

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government will only allow you three thousand
dollars deduction on your losses even if you

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lose a million. Now you can
catch right now, that's right. Now

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you can you can lose a million
and carry it forward for you know,

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twenty years or something against gains and
stuff. But that's not very much so

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right, fairness would dictate. I
think, John, you hinted at this

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that it ought to go it would
be a full hundred percent both ways.

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But second, I think one thing
you until you left it out, John,

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but I think you want to be
precise about this. The amount in

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question this case was not an increase
in the value of the company like a

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stock value going up. It was
the it was booked income that they declared

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as a profit on their you know, profit and loss statement, and the

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fact that they didn't pay it.
And I think it was a closely held

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company, not a publicly traded company, right, that's that's right. That's

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also that's also important. I think
for a publicly traded company it gets more

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complicated. But the point is they
did not distribute that income to the shareholders.

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And the irs said under the new
law, yeah, but you know

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what, that's your share of the
income and you owe money on it,

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whether they send it to your bank
account or not. Okay, yes,

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that's right. I mean theoretically that
should produce the share the share price should

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go up, yes, because of
that. But they're not, as you

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said, they're not traded right,
right, exactly. So So here here's

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the so here can I throw in? Here's the I think interesting constitutional question

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is there's a constitution question deep one, and then there's a question of interpretation.

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The interesting constitutional question is at the
founding, the framers allowed the federal

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government two kinds of taxes, what
they call direct taxes in the constitutional text,

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and then people say indirect taxes,
although the Constitution doesn't use that phrase.

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Direct taxes were thought to be of
basically two kinds, tax on property

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and tax on bipopularly by person,
you know, just tack a poll tax

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or head tax. And so the
constitution is interesting. It says that when

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the federal government imposes a direct tax, it has to allocate the tax based

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on state population. This is very
strange because it means, like suppose the

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Federal Garment went attax everybody's houses,
it would still have to say, okay,

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California pays x amount of tax based
on their population size, even though

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the houses in California might be way
more valuable. And so then all the

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other taxes, these what are called
indirect taxes, are like tariffs, excisex

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excise taxes like gone whiskey, which
caused a rebellion right properly, So I

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would say, actually, in my
travels this summer, I actually was in

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the town where the Whiskey rebellion occurred, and in the town where they actually

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tarred and feathered the tax inspector.
There's a little monument actually to it out

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in West Pennsylvania. David aka the
Gora, I blame you for this,

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Okay. So here's the interesting thing. So that's one interesting thing is the

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constitutional question is what the founders actually
had this very limited view about what the

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federal Garment should be able to tax, and they did that way. It's

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obviously tied up in slavery, I
think, because this part of this original

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deal made it very difficult to tax, basically made an impossible to tax the

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ownership of slaves, although it would
allow the taxation of the you know,

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I think the sale of slaves across
state borders. But then here's the other

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interesting thing. How do you interpret
a constitutional amendment that's added in nineteen fourteen,

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Yeah, right, hundreds of years
after the founding that changes that right,

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that the income tax basically creates an
exception to the direct tax formal?

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How broadly do you read that?
Do you? How do you use the

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founder's understanding of seventeen eighty seven and
then map onto it the understanding of the

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ratifiers of the sixteenth Amendment in nineteen
fourteen. That's very difficulty. You remind

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yourself that they were willing to have
a revolution over a stamp tax. That's

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what I think what you ought to
be informinga which is the thing that bothers

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me most about Kavanaugh's stupid ass opinion, this idea. He says it.

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Let me see if I can find
it that somehow if they were really to

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look at the issue in this case, which they said they were going to

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decide and didn't, because they decided
it more narrowly, because if they were

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to overturn this particular tax based upon
its un constitutionality, that would lead to

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a really horrible outcome, which would
mean that a whole bunch of other taxes

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imposed by Congress might also be unconstitutional
and then they might actually have to cut

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important programs or tax you know,
regular people like you. I might just

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want to slug him so hard in
the face till his face is pulp.

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It makes me so angry that he
could say something so asinine and stupid and

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still be on the Supreme Court.
Of course, Congress should not be taxing

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anything that is not clearly constitutionally authorized. So I was also equally disappointed.

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I was totally disappointed in the opinion
too. And part of the if you

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look at the lineup, it's Roberts
and Kavanaugh and then the three liberal justices.

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Kevanaugh wrote the opinion, and he
said, we're not going to decide

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the constitutional question at all, even
though that's what we granted sert on,

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even though that's what the Ninth Circuit
below held on the Ninth Circuit said,

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and the Biden administration argued that the
government is allowed to tax asset changes.

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There is no requirement income that it
be realized. Yeah, they were going

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for the you know, the body
adminstration was going for the full, the

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you know, the full Elizabeth Warren
on this one, because you know,

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I know, you guys, I
know don't know, I don't know if

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Steve you know, absorbed these vibes, that is progressive conference. But progressives

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really think that the only way out
of the financial straits were stuck in because

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of their overspending is that they got
tax wealth that the income tax, believe

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it or not, the income tax, massive as it is, does not

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generate remotely close to enough to balance
the deficit now, which is in trillion

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dollars a year. So they've got
to go to wealth tax. So Kevinaugh

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said, oh, we're going to
avoid the question and just say Congress is

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allowed to tax you when the corporation
gets the money, or they can tax

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you on the assumption that you,
the individual shareowned shareholder, can be we

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can attribute that to you individually.
So this is what's done with partnerships.

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I'm sorry to get into this kind
of tax law stuff, but partnerships,

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when you're a partner in a partnership, you get text as the partner on

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your fair share of the partnership's profits, even if you never get them,

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even if it stays in the park. So Kavanaugh just says, well,

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this case is easily solved by just
saying that's what happened here, and so

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we don't have to decide the constitutional
question, very lame. Doesn't really look

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at the history of the sixteenth Amendment, doesn't really take into account practice and

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tradition, you know, the things
you're supposed to look at now when you

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want to understand what the amendment meant, and you know, leaves for another

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day Elizabeth Warren and her buddies to
try again. So to one observation and

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one bit of news. The observation
is, so Brett Kavanaugh really is the

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successor of Anthony Kennedy on the Supreme
Court, right as we clerk for it.

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So we realize and look, as
we know Kennedy left all these he's

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just Kennedy with He's just Kennedy with
a slightly better hair. Yeah, right,

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the same, he's leaving a mess
behind. And second, the news

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flash for today is Lucretia has signed
up in the Christina Blossie Ford fan club.

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Jesus because you both agree that he
shouldn't be on the Supreme Court,

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but for different reasons. Especially,
I wouldn't say I'm the fan club.

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I would just say that I'm probably
giving a little additional respect here. I'm

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just wait, let me before you
go on, John, let me take

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this a little bit deeper for a
moment, and not so that people don't

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think I'm just a crazy, violent
person. I believe in my heart of

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hearts that the the real point of
the The reason that the Founders were so

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careful to proscribe the taxi, the
federal government's ability to tax wasn't because you

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know, they threw tea in the
harbor. They through tea in the harbor

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because they believed that your property was
your right, and just like the government

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taking away your other rights, the
government taking away your property is a violation

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of your natural rights. That's the
first part. The second part, in

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my opinion, is even more important, and that is every dollar that the

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government takes from me, and their
damn taxes they used to take away my

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liberty. They used to make my
life miserable. They don't fix roads.

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They don't do anything good with money
anymore in the government. They use it

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to make my life miserable. Well, wait a minute, they fix roads.

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They put these nice rainbow stripes on
them this month. Right, What

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do you okay from a fund from
a foundational perspective, John, do you

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get what I'm trying to say?
And that's completely lost on the Court.

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Yes, I think that the way
the Court majority looks at it is very

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consistent with the Progressive Air Review that
there is no natural law right to property.

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It's just the government lets you keep
some and take some back. It's

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it's you know, you didn't build
that village. But to make me wonder,

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John about the question we've we've discussed
before, which is, could you

334
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repeal the thirteenth Amendment? I guess
you might say that sixteenth Amendment, I

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mean the thirteenth Amendment slavery. Yeah, if those idiots from that idiot mayor

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from Chicago and all these other people
got together and decided that, Yeah,

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retribution is really the thing, as
we talked about last time, Steve,

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and the best way to get retribution
on white America is to reintroduce slavery.

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But now whites have to be the
slaves of blacks. Would there be any

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reason why you could not repeal the
thirteenth Amendment. I wouldn't say there is,

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I mean I would It would be
an unjust society, but you could

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have a constitutional society slavery we had
before Civil War. Well, let me

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00:26:00.559 --> 00:26:04.359
introduce two more thoughts answer my question. First, Steve, wait, just

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don't ignore what I say. What
did you say? I guess here's my

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00:26:08.359 --> 00:26:12.480
real Could you repeal the thirteenth Amendment? Could you repeal the thirteen men have

346
00:26:12.640 --> 00:26:18.480
slavery again? Questions? Ill event, No, I want to do it

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the other way around, which is
someone could bring a thirteenth Amendment challenge saying,

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hey, you're making me involuntary.
I don't actually get the income,

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but you're making me pay the government. Anyway, I was going to come

350
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to this point, well in this
order, first, a textual point,

351
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never mind original public meeting and all
the rest of that. John and and

352
00:26:33.559 --> 00:26:37.599
you know, I think that the
whole direct tax question at the founding is

353
00:26:38.000 --> 00:26:44.240
interesting and important. But look the
look what does the text say here?

354
00:26:44.319 --> 00:26:48.839
I become a text us like Scalia. The sixteenth Amendment says the Congress shall

355
00:26:48.960 --> 00:26:56.400
have power to lay and collect taxes
on incomes from whatever source derived. Now,

356
00:26:56.640 --> 00:27:02.440
the Moors did not derive the income
from the company, by the way,

357
00:27:02.640 --> 00:27:04.559
and public companies and elsewhere, it's
retained earnings. We used to call

358
00:27:04.640 --> 00:27:08.880
that, which is capital for the
company to continue to grow. This totally

359
00:27:08.880 --> 00:27:12.039
screws up the incentives for companies,
I think, And that makes my second

360
00:27:12.079 --> 00:27:15.720
point which is not a legal one, which is if we open the door,

361
00:27:15.839 --> 00:27:22.160
however small to allowing the government to
tax unrealized gains. The incentive now

362
00:27:22.319 --> 00:27:26.640
is for inflation to go wild.
This is back to bracket creep in the

363
00:27:26.720 --> 00:27:30.640
seventies before kemp Roth and Reagan came
along, because the incentive of the government

364
00:27:30.720 --> 00:27:36.000
now is you want to inflate people's
asset value so you can capture the taxes

365
00:27:36.039 --> 00:27:38.759
out of it even if they don't
ever sell their assets. That is a

366
00:27:38.880 --> 00:27:42.240
path to Argentina. That's what we're
heading with this. That's the that's the

367
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effect of this decision. Now,
let me give you the silver aligning optimistic

368
00:27:48.440 --> 00:27:52.880
view that I actually hold, which
is this. This is this. This

369
00:27:52.039 --> 00:27:57.000
opinion might be the most important income
tax opinion the Supreme Court has ever issued,

370
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more than because they really right.
Yeah, well, Pollock was overruled

371
00:28:03.720 --> 00:28:07.039
by the sixteenth Qualify the way for
people listening. It was the case that

372
00:28:07.480 --> 00:28:11.279
first struck down the income tax and
is actually overruled by the sixteenth Amendment.

373
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But the interesting thing is it's the
Lucreasia's toy, right. The majority opinion

374
00:28:15.440 --> 00:28:19.720
is really not a good opinion.
But what's interesting are the other opinions.

375
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So Justice Barrett wrote an opinion joined
by Justice Alito, which basically said,

376
00:28:27.799 --> 00:28:33.200
we should have answered the question presented, and we both think no, the

377
00:28:33.279 --> 00:28:37.200
sixteenth Amendment does not allow the government
to tax assets and changes. It only

378
00:28:37.200 --> 00:28:41.880
allows you to tax like salary and
rent and so on. And then Justice

379
00:28:41.880 --> 00:28:48.000
Thomas wrote a dissent joined by Justice
Gorsag which said, and I think he

380
00:28:48.119 --> 00:28:49.839
has the best view, which said, the original understanding of the income tax

381
00:28:49.880 --> 00:28:55.799
Amendment is that you have to sell, you have to have realization. And

382
00:28:55.960 --> 00:28:59.480
everyone knew it at the time,
and if anyone had gotten up at the

383
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time this six tieth Amendment and said
otherwise, the amendment would have failed.

384
00:29:03.119 --> 00:29:07.759
So right there you have four justices
who think that the income tax has to

385
00:29:08.359 --> 00:29:12.599
be read narrowly and can't reach you
can't have a wealth tax. And so

386
00:29:14.480 --> 00:29:18.119
that's amazing. I think that's actually
a major step forward. But you know,

387
00:29:18.200 --> 00:29:25.000
you never know where Roberts and Kavanaugh
are because they're very principles Well,

388
00:29:25.039 --> 00:29:27.119
but in my mind, if they, I think they secretly agree with the

389
00:29:27.240 --> 00:29:33.519
four conservatives, because if they didn't, then why invade the question with this

390
00:29:33.799 --> 00:29:37.119
narrow, weird claim that oh,
it's just about like partnerships. I actually

391
00:29:37.240 --> 00:29:42.720
think it's because they should believe that
the government should have basically unlimited means to

392
00:29:42.880 --> 00:29:48.279
tax, except if there can be
carved out some tiny, sub circumscribed limits

393
00:29:48.319 --> 00:29:53.359
on it. I mean that,
to me is the most obnoxious thing said

394
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by a Supreme Court justice in probably
the last five years. That we can't

395
00:29:57.799 --> 00:30:04.039
say that this should be, that
this particular tax should be ruled unconstitutional because

396
00:30:04.039 --> 00:30:10.160
it would open the door to telling
Congress you might not be able to tax

397
00:30:10.240 --> 00:30:11.880
other things that they really need to
tax because we got to spend all that

398
00:30:12.039 --> 00:30:15.240
money for God's sakes, don't you
know. I mean, what an idiotic

399
00:30:15.319 --> 00:30:18.000
thing to say. If you're if
you could say something like that with a

400
00:30:18.039 --> 00:30:21.720
straight face, you're no conservative,
That's all there is to it. And

401
00:30:21.759 --> 00:30:26.160
I'm not even a libertarian conservative.
But what a I don't care about paying

402
00:30:26.279 --> 00:30:30.880
taxes. I care that the government
gets my money. I'd happily give that

403
00:30:32.000 --> 00:30:36.079
same amount of charity and a heartbeat, I guess is really the point.

404
00:30:36.519 --> 00:30:40.880
Well, and I hate it.
And my only point about the sixteenth Amendment

405
00:30:40.960 --> 00:30:45.160
is I wonder if it's actually not
consistent though with the principles of the founding,

406
00:30:45.359 --> 00:30:48.440
Steve. That's what I was trying
to get at. Yeah, I

407
00:30:48.519 --> 00:30:51.799
think you're right. It's not it's
a progressive era. It's it's actually the

408
00:30:51.880 --> 00:30:55.920
high point of the progressive era is
the income tax amendment. It is a

409
00:30:56.000 --> 00:30:57.720
rejection, isn't it. I mean
the whole progressive area is a rejection.

410
00:30:59.200 --> 00:31:02.480
Yeah, well, I mean remember
three amendments passed. I think it was

411
00:31:02.559 --> 00:31:06.480
nineteen thirteen. Actually three amendments.
Well, wait, two amendments and the

412
00:31:06.599 --> 00:31:10.680
Federal Reserve. The other amendment was
direct collection of Senators, of course,

413
00:31:10.880 --> 00:31:15.279
and which changed things right. And
the Federal Reserve is that was statutory.

414
00:31:15.400 --> 00:31:18.359
But that's a I'm not sure about
that. I don't think it has doubtful

415
00:31:18.440 --> 00:31:23.799
constitutional status, but it has doubtful
status as a institution of political economy,

416
00:31:23.920 --> 00:31:27.519
or at least one that can be
roundly criticized. Let me draw us out

417
00:31:27.519 --> 00:31:32.880
of here with an exit observation and
then go on to guns, which is

418
00:31:33.000 --> 00:31:37.759
the right My old mentor Stan Evans
used to love to secure liberal cliches,

419
00:31:37.799 --> 00:31:42.400
and one of his was in the
sixties was you know, in the sixties

420
00:31:42.400 --> 00:31:47.440
you always heard the newspaper editorial people
say, any country that can land a

421
00:31:47.599 --> 00:31:51.519
man on the moon can solve x
problem, you know, crime in the

422
00:31:51.559 --> 00:31:55.559
cities. Whatever. His line was
always any country that can land a man

423
00:31:55.640 --> 00:32:00.839
on the moon can abolish the income
tax. Perfect, right, Okay,

424
00:32:00.839 --> 00:32:06.319
you guys think let's oh you've told
that joke a thousand times. Oh,

425
00:32:07.519 --> 00:32:10.880
yes, you have only five hundred
times. Now. I do think we

426
00:32:10.960 --> 00:32:15.599
should start a repeal the sixteenth Amendment
movement and see how far it goes.

427
00:32:16.160 --> 00:32:22.359
Yeah, along with the nineteenth.
Well Trump did say, you know,

428
00:32:22.880 --> 00:32:27.200
I'll write, yes, Trump here
what the last week says, let's abolish

429
00:32:27.240 --> 00:32:31.319
the income tax and have to go
back to tariffs, and thank you.

430
00:32:32.440 --> 00:32:37.079
Yes, that was great. I
thought that's a great political I want to

431
00:32:37.119 --> 00:32:39.720
know if you guys have written that
on any of your receipts when you've gone

432
00:32:39.720 --> 00:32:44.359
to a restaurant. Oh, I
haven't yet, but that's a great idea.

433
00:32:44.599 --> 00:32:46.160
Yeah, oh it's it's a it's
a thing. Steve, you go

434
00:32:46.279 --> 00:32:50.960
in, you write, if you
voted for Trump, you could keep one

435
00:32:51.039 --> 00:32:54.440
hundred percent of your tips. Yeah, right right. You know what I

436
00:32:54.559 --> 00:32:59.119
do. I always I try to
make sure I always have some cash in

437
00:32:59.200 --> 00:33:02.559
my pocket so that I can put
a tip down on the credit card receipt

438
00:33:02.839 --> 00:33:06.720
and then if the waitress or waiter
was really good, then I hand them

439
00:33:07.119 --> 00:33:09.039
a twenty or you know something and
iced to get you know, said put

440
00:33:09.079 --> 00:33:15.160
this in your pocket, or why
not give them the skim flint in Me's

441
00:33:15.200 --> 00:33:19.279
like, why not give them no
tip and say this is what life is

442
00:33:19.359 --> 00:33:25.559
like. If Trump loses, Oh
well it's a they have to pay regardless

443
00:33:25.680 --> 00:33:29.400
of how much you tip them.
Well, you know what is it?

444
00:33:30.839 --> 00:33:35.839
I don't know. It depends on
I think it depends on the establishment.

445
00:33:36.000 --> 00:33:38.599
But the crackdown on tip income.
By the way, a tip is supposed

446
00:33:38.599 --> 00:33:44.279
to be a gratuity, a gift, which ought to be in technically speaking

447
00:33:44.680 --> 00:33:47.440
exempt under the gift you know the
gift tax limits, right, uh,

448
00:33:49.039 --> 00:33:51.599
and since none of us actually go
over whatever it is, thirteen or fourteen

449
00:33:51.640 --> 00:33:54.240
thousand dollars, it ought to be
tax free. It was the Clint Skates

450
00:33:54.319 --> 00:33:58.559
might not well, all right,
but the part it was it was the

451
00:33:58.680 --> 00:34:04.039
jokes will all right, but you
interrupted me. But it was the Clinton

452
00:34:04.039 --> 00:34:08.679
administration the directed the IRIS to crack
down on tip income and go after restaurants

453
00:34:08.719 --> 00:34:13.079
and service industry people. They never
really did it very well because he can't,

454
00:34:13.199 --> 00:34:16.280
are you kidding, this is stupid. I find tipping the very difficult.

455
00:34:17.320 --> 00:34:20.840
I think they will very fun to
understand because Steve and I were in

456
00:34:21.159 --> 00:34:25.159
Hungary and there the tip is just
a symbolic recognition, right of a good

457
00:34:25.199 --> 00:34:30.599
effort. They don't expect like fifteen
to twenty percent. I was told you

458
00:34:30.599 --> 00:34:34.679
should only tip like five percent.
And here in Asia, I've actually had

459
00:34:35.559 --> 00:34:40.199
people I've given tips to run after
me to return the money because tipping is

460
00:34:40.280 --> 00:34:44.800
not is just not part of the
norms out here. So I feel like

461
00:34:44.880 --> 00:34:47.559
I left behind a five dollars bill
or something so much they did that to

462
00:34:47.639 --> 00:34:53.159
me more in America. Here's the
thing, though, we're told that tipping

463
00:34:53.320 --> 00:34:59.280
is a relic of slavery, right, and so I do it on purpose

464
00:34:59.480 --> 00:35:02.599
just because I don't I don't know
why. Why would it be a relative

465
00:35:02.679 --> 00:35:07.000
sleevery? Then, I don't know. I couldn't read the dumb articles.

466
00:35:07.760 --> 00:35:12.000
But well, no, but I
do believe that that that they are now

467
00:35:13.199 --> 00:35:19.360
taxed on a percentage of their sales
for the night, regardless of whether they

468
00:35:19.440 --> 00:35:22.239
got tips. And I don't remember
what the percentage is. So if you

469
00:35:22.360 --> 00:35:25.719
don't tips, that sounds like something
IRS would come up with. Yeah,

470
00:35:25.719 --> 00:35:29.360
of course. Well no, Look
in Europe, John don't know if you

471
00:35:29.400 --> 00:35:31.400
look at those re seats carefully,
but they always have a service charge.

472
00:35:31.440 --> 00:35:35.880
In other words, they include a
tip in the That's been true for years.

473
00:35:35.920 --> 00:35:39.800
And I remember traveling around Western Europe
in the eighties and they didn't watch

474
00:35:39.880 --> 00:35:43.400
to tip, and my dad would
always insist, and it was always very

475
00:35:43.440 --> 00:35:45.559
difficult. And now they're getting well, you know, they love Americans because

476
00:35:45.559 --> 00:35:47.320
they realized, oh, I've got
an American, I'm going to get a

477
00:35:47.400 --> 00:35:51.519
tip. This is great. And
so we're corrupting them, right, We're

478
00:35:51.599 --> 00:35:54.840
and again American imperialism again as usual. But look, you guys, we

479
00:35:55.159 --> 00:35:58.800
we've already gone a long time,
and we still have to get the gun

480
00:35:59.039 --> 00:36:00.400
cases in. I don't even remember
the name is, but you have the

481
00:36:00.559 --> 00:36:06.840
bump stock case. And then Rahimi
was that the gun bump stock case was

482
00:36:07.000 --> 00:36:09.440
called the bump stock cargo. Yeah, okay, and then and then Raheemi

483
00:36:09.599 --> 00:36:14.679
was here Friday, and it's the
one that look, I haven't looked at

484
00:36:14.840 --> 00:36:16.920
either one of these. I've been
you know, talking to progressives, uh

485
00:36:17.280 --> 00:36:22.000
and having my brain rotten, but
it was it has I guess it casts

486
00:36:22.079 --> 00:36:28.639
some shade on the ideas of restrictions
on gun ownership by felons. But one

487
00:36:28.679 --> 00:36:30.960
of you guys, yeah, let
me, let me describe Rahemi and then

488
00:36:30.519 --> 00:36:37.960
Linda can weigh in. So Rahimi
was a fellow who was under domestic violence

489
00:36:37.079 --> 00:36:40.280
order, and he did, if
you look at the facts of the case,

490
00:36:40.320 --> 00:36:43.679
he did. He was a little
loose with his use of a gun.

491
00:36:43.840 --> 00:36:46.320
Basically, anytime got angry, he
shot at something. But he did

492
00:36:46.400 --> 00:36:52.519
threaten his girlfriend and the mother of
his child. Uh, and did engage

493
00:36:52.559 --> 00:36:57.719
in violent use of guns in all
kinds of settings. Uh. And that

494
00:36:57.920 --> 00:37:02.320
is a violation of federal law.
It's actually is illegal to possess a firearm

495
00:37:02.480 --> 00:37:08.639
if you are subject to domestic violence
order. And so this is it was

496
00:37:08.760 --> 00:37:13.719
eight to one, and only our
man, Justice Thomas was in descent,

497
00:37:14.599 --> 00:37:19.920
and the argument was basically both side. Both Thomas and Chief Justice Roberts for

498
00:37:20.000 --> 00:37:23.719
the majority, agree that the Second
Amendment is not unlimited. And the question

499
00:37:23.840 --> 00:37:31.320
is how do you identify a constitutional
restriction on gun ownership? So the issue

500
00:37:31.559 --> 00:37:38.440
is how, I would say this
is the issue is how broadly do you,

501
00:37:38.840 --> 00:37:44.920
how generally do you state the restriction
that's allowed on a gun? On

502
00:37:45.079 --> 00:37:47.320
gun rights do you say, and
this is what the majority said. The

503
00:37:47.400 --> 00:37:55.400
majority said, basically, the Founders
would have allowed restrictions on ownership by people

504
00:37:55.519 --> 00:38:02.199
who threaten violence to others. Just
as Thomas would say, I want to

505
00:38:02.239 --> 00:38:09.679
see actually the specific restrictions that were
held back then, and is this really

506
00:38:09.800 --> 00:38:15.119
similar to one? Is this really
analogous, whereas Roberts is making it very

507
00:38:15.239 --> 00:38:17.599
broad, right, it's just like
anyone who might threaten violence of harm to

508
00:38:17.679 --> 00:38:22.719
others could lose their right to have
a gun. Right in law, we

509
00:38:22.840 --> 00:38:27.559
call this a level of generalities issue. Roberts is stating his principle at such

510
00:38:27.599 --> 00:38:30.400
a broad level of generality that all
kinds of restrictions could fall into it.

511
00:38:30.800 --> 00:38:36.119
Whereas Thomas is saying, I want
to see restrictions at the time of the

512
00:38:36.199 --> 00:38:39.880
Founding that are very similar, very
analogous to this one, and if I

513
00:38:39.920 --> 00:38:43.599
don't see it, then I'm not
going to allow it. And so Thomas

514
00:38:43.599 --> 00:38:46.719
says, I don't see one for
domestic violence or anything like that, so

515
00:38:47.000 --> 00:38:52.039
I'm not going to allow this.
In fact, he points out that you

516
00:38:52.119 --> 00:38:55.840
know, maybe this is like,
you know, the kind of restrictions on

517
00:38:57.239 --> 00:39:00.760
people having guns who are drunk,
And he said, you would you know,

518
00:39:00.840 --> 00:39:05.480
you go into a saloon and you
you would have to hand over your

519
00:39:05.519 --> 00:39:07.840
guns, but then when you left, you would get the guns back.

520
00:39:07.559 --> 00:39:12.719
You know, it was temporary.
It wasn't permanent like these saws. So

521
00:39:12.880 --> 00:39:15.960
that's that's the that's what the case. That's the big dispute in the case.

522
00:39:15.719 --> 00:39:20.719
So I do believe that from the
beginning, even as much as I

523
00:39:20.840 --> 00:39:25.920
applauded Heller and then McDonald and then
the subsequent cases, I believe they've been

524
00:39:27.239 --> 00:39:30.000
but no, no, yeah,
okay, but I mean back to Heller

525
00:39:30.119 --> 00:39:37.360
and McDonald Chicago McDonald. The first
I mean D. C. Heller what

526
00:39:37.519 --> 00:39:42.400
was it two thousand and eight was
the first Second Amendment case decided by the

527
00:39:42.480 --> 00:39:47.760
Supreme Court in however many years,
which actually to some extent, resolved what

528
00:39:47.880 --> 00:39:51.920
the meaning of the Second Amendment was
after it'd been you know, debated all

529
00:39:51.960 --> 00:39:54.159
these idiots out there. Oh,
it means you can have a militia dumbesst

530
00:39:54.239 --> 00:39:57.400
argument ever in the history of the
world. But anyway, I won't go

531
00:39:57.440 --> 00:40:01.719
into that right now. The real
point of the Second Amendment is tied exclusively

532
00:40:02.199 --> 00:40:09.400
to the right to revolution. It's
not simply a personal safety issue. It's

533
00:40:09.480 --> 00:40:14.599
not simply the idea that you have
a right to own a gun because it

534
00:40:14.880 --> 00:40:17.360
provides for your personal safety, and
the courts. I'm not saying it's not

535
00:40:17.599 --> 00:40:21.679
that, but it's so much more. And because the Court has never been

536
00:40:21.760 --> 00:40:28.360
willing to articulate the actual principle behind
the Second Amendment, lots of people get

537
00:40:28.400 --> 00:40:31.800
it. I mean, to some
extent. Even our corrupt, pedophile,

538
00:40:31.920 --> 00:40:37.159
disinterred president gets it when he says
he says, well, you know,

539
00:40:37.239 --> 00:40:40.840
if you want guns to your Second
Amendment, guns to fight the government,

540
00:40:40.880 --> 00:40:45.119
you need to have sixteens, right. He gets it that the idea behind

541
00:40:45.199 --> 00:40:51.320
it, the Second Amendment is not
just personal protection and personal safety. It's

542
00:40:52.920 --> 00:41:00.119
a citizenry without guns is at the
mercy of a totalitarian government right, and

543
00:41:00.239 --> 00:41:05.519
so the right to revolution it has
no effective meaning without it. So when

544
00:41:06.039 --> 00:41:08.239
Thomas, who you know, I
love, my favorite justice. Ever,

545
00:41:08.800 --> 00:41:14.719
I rarely disagree with him about anything. I disagree with this whole historical nonsense

546
00:41:14.800 --> 00:41:17.519
that he imposed on us in Bruin. I don't understand it. It doesn't

547
00:41:17.519 --> 00:41:22.159
make sense to me. And these
kinds, all the kinds of cases by

548
00:41:22.199 --> 00:41:25.119
the lower courts that came after Bruin
that are completely all over the map.

549
00:41:25.400 --> 00:41:30.119
Nobody gets it. Else gets it
either. I don't think it's a principle

550
00:41:30.159 --> 00:41:31.000
to be found there. Sorry,
Steve, go ahead. Well, no,

551
00:41:31.280 --> 00:41:34.480
what I was going to say is
one of the things about the Heller

552
00:41:34.599 --> 00:41:37.719
case, and I remember listening to
the oral argument, which is what it

553
00:41:37.840 --> 00:41:42.800
is more than fifteen years ago.
Now's because you didn't have the usual line

554
00:41:42.880 --> 00:41:45.760
of cases for the clerk, so
the justices to parse out and say this

555
00:41:46.519 --> 00:41:50.880
case A said, this case B
said that, case C said the third

556
00:41:50.960 --> 00:41:53.039
thing, well, tweak it this
way and settle here. Now, they

557
00:41:53.039 --> 00:41:55.960
didn't have that for the reason you
stated that, No, there had been

558
00:41:57.000 --> 00:42:00.199
no cases taking it up. So
what I remember the old argument was as

559
00:42:00.119 --> 00:42:05.719
lots of arguments about old British common
law that informed the Second Amendment, and

560
00:42:05.960 --> 00:42:09.079
lots of discussion about Blackstone and you
know, other things of the founding.

561
00:42:09.119 --> 00:42:12.800
I thought, Aha, this is
how Kates ought to be argued. This

562
00:42:12.920 --> 00:42:15.440
is true originalism and practice. It
wasn't really narrowly speaking, I think,

563
00:42:15.559 --> 00:42:19.880
John, and now I'm going to
toss to you, it wasn't really original

564
00:42:19.920 --> 00:42:24.440
public meaning as much as what's the
logic behind this? Based on deeper principles

565
00:42:24.599 --> 00:42:30.280
of a long legal tradition and philosophical
tradition. Right again, the Blackstone bits

566
00:42:30.320 --> 00:42:34.440
on self defense and all the rest
I thought was quite striking. I thought

567
00:42:34.440 --> 00:42:38.239
it was a very different argument from
the traditional Supreme Court oral argument and briefing.

568
00:42:39.280 --> 00:42:43.639
How well to see it, Steve, You'd love Robert's opinion then,

569
00:42:43.679 --> 00:42:47.800
because it goes it relies the authority
of priories on the most as Blackstone.

570
00:42:49.199 --> 00:42:55.440
Really yes, he Roberts thinks that
Blackstone shows that, yes, you have

571
00:42:55.519 --> 00:42:59.800
a right, you know, you're
right to firearm for hire arms, to

572
00:43:00.159 --> 00:43:04.840
to carry a firearm can be limited
by what he calls like threats to the

573
00:43:04.960 --> 00:43:08.119
king's peace. And so he says, there's this discussion in Blackstone. I

574
00:43:08.239 --> 00:43:13.920
wasn't aware this discussion of Blackstone that
seems to give great leeway to the government

575
00:43:14.079 --> 00:43:17.119
to take firearms away to those who
threaten the king's peace. Now, but

576
00:43:17.719 --> 00:43:22.440
I wanted to respond a little bit
to what Lucretia said. I don't think

577
00:43:22.519 --> 00:43:27.480
what she says is inconsistent with originalism, because if you think the right to

578
00:43:27.559 --> 00:43:32.519
revolution is part of the rights that
the Founders were right defending, then it's

579
00:43:32.880 --> 00:43:37.159
right. That's the Second Amendment implements
that right. You know, in the

580
00:43:37.840 --> 00:43:44.760
Second Amendment cases like Heller, actually
Justice Scalia could not his response to this

581
00:43:44.960 --> 00:43:47.400
argument that the Second Amendment is just
about the militia's right to have a gun,

582
00:43:47.880 --> 00:43:52.320
which is really you know, the
right about limiting the central government,

583
00:43:52.119 --> 00:43:57.039
Scalia said, the real right here
is the right of self defense. And

584
00:43:57.239 --> 00:44:00.360
you need to have a gun to
defend your right to self defense. You

585
00:44:00.400 --> 00:44:02.360
know, the originalists could say it's
not just the right to self defense,

586
00:44:02.440 --> 00:44:07.000
it's also the right to revolution,
which is repeatedly stated by the founders.

587
00:44:07.800 --> 00:44:13.320
So I don't think your point is
inconsistent with this sort of the court's focus

588
00:44:13.480 --> 00:44:17.119
on history. Now, what you
might not like is uh, and there's

589
00:44:17.360 --> 00:44:22.360
there's you know, this is this
opinion is also weird that Gorsich, Barrett,

590
00:44:22.639 --> 00:44:27.679
and Kavanaugh all have little concurrences about
originalism. How to do it right?

591
00:44:27.760 --> 00:44:31.480
I find Kavanaugh's, you know,
really start tedious and actually inconsistent with

592
00:44:31.599 --> 00:44:37.880
what he did in the tax case
itself. But they would all probably say,

593
00:44:37.679 --> 00:44:42.000
but you have to I think all
three of them, Gorsich, Barrett,

594
00:44:42.079 --> 00:44:45.679
and Kavanaugh would all say, but
that right of revolution or whatever right

595
00:44:45.719 --> 00:44:50.039
you're talking about, even for self
defense, has to be a parent at

596
00:44:50.079 --> 00:44:52.800
the time of the ratification of the
amendment, and isn't one that can kind

597
00:44:52.840 --> 00:44:59.559
of emerge as a principle in Steve's
words, after the ratification of the constitution.

598
00:44:59.719 --> 00:45:04.199
So in that sense, they're originalists, not I think what Steve was

599
00:45:04.320 --> 00:45:08.800
calling, I guess rational principle people. I was going to just say really

600
00:45:08.880 --> 00:45:15.440
quickly, Steve that, hmm.
The reason that I was able to celebrate

601
00:45:15.559 --> 00:45:22.320
Heller and following that MacDonald for getting
the argument wrong in my opinion, the

602
00:45:22.880 --> 00:45:28.119
justification wrong even though the decision was
right, is it actually goes back to

603
00:45:28.199 --> 00:45:32.199
Jefferson's discussion, sorry John, of
prudence, and in some ways, I

604
00:45:32.400 --> 00:45:37.119
don't know if you actually want the
Supreme Court of the United States to be

605
00:45:37.519 --> 00:45:46.519
articulating in a Supreme Court opinion clearly
and forcefully, and the idea that the

606
00:45:47.000 --> 00:45:52.360
citizens have a right to own guns
so they can fight against a tyrannical government,

607
00:45:52.519 --> 00:45:54.480
not because they might not think that
the government's tyrannical. I'm sure Alito's

608
00:45:54.480 --> 00:46:00.519
seek in that these days. But
but you know, there's some things that

609
00:46:00.599 --> 00:46:02.760
you just have to be a little
bit more subtle about if you are the

610
00:46:02.840 --> 00:46:07.679
Supreme Court of the United States.
That was always my kind of way of

611
00:46:07.840 --> 00:46:10.239
rationalizing why they didn't do what they
needed to do in that case. Can

612
00:46:10.280 --> 00:46:15.039
I can I point out to the
listeners who can't see this, that Lucretia,

613
00:46:15.679 --> 00:46:19.000
like a James Bond villain, is
talking about where we're finding the government

614
00:46:19.000 --> 00:46:25.639
while stroking a cat, just like
just like we're bro fell the James Bond

615
00:46:25.760 --> 00:46:30.599
movies. That's right, that's right, yeah, or or well you know

616
00:46:30.639 --> 00:46:37.280
what's his name, don like Myers? Yeah, yeah, ours movies.

617
00:46:38.039 --> 00:46:42.400
She's not hairless. Well. Look, so so two things emerged from this,

618
00:46:42.480 --> 00:46:44.880
and I want to get to the
briefly the last gun case. But

619
00:46:45.199 --> 00:46:47.199
one is is that we have demonstrated, once again, John that you were

620
00:46:47.280 --> 00:46:53.079
allergic to the term jurisprudence. You
hate that second syllable taken two syllables of

621
00:46:53.079 --> 00:46:57.440
that term. But okay, I
don't even know what that means. Yeah,

622
00:46:57.480 --> 00:46:59.360
well we're going out. Well.
But the other thing is there's a

623
00:46:59.400 --> 00:47:04.599
serious points up. Clearly we need
to add Blackstone on guns and the point

624
00:47:04.639 --> 00:47:08.960
you mentioned in the King's Peace.
Well, but yeah, I actually think

625
00:47:09.159 --> 00:47:14.559
I actually think Lucretia's right on this. Then really Blackstone can be two pro

626
00:47:14.800 --> 00:47:17.480
government. I mean, part of
the Revolution is against Blackstone, right,

627
00:47:19.320 --> 00:47:22.079
right. Sometimes blacks is useful,
it helps to fine legal words. But

628
00:47:22.159 --> 00:47:27.239
I don't know if I would trust
Blackstone on the relationship between the government and

629
00:47:27.320 --> 00:47:31.119
the individual at the look. I
mean, his his doctor Deparliamentary supremacy is

630
00:47:32.119 --> 00:47:36.679
somewhat rejected by the American skin,
I think again, and that's this is

631
00:47:36.719 --> 00:47:38.840
still kind of okay, all right. So the other case was the bump

632
00:47:38.880 --> 00:47:44.519
stock case, and that's not really
a Second Amendment case, right, No,

633
00:47:44.599 --> 00:47:46.519
It's really more of administrative law case, isn't it. And so I

634
00:47:46.559 --> 00:47:49.440
don't know there as much to say
about that, which is, you know,

635
00:47:49.719 --> 00:47:52.159
Congress can pass a lot tomorrow saying
bumblestocks are legal, and the cart

636
00:47:52.199 --> 00:47:55.079
will say that's fine, right,
and end of story, I think,

637
00:47:55.159 --> 00:47:58.880
I mean the left, well,
you know, the good The one thing

638
00:47:58.960 --> 00:48:02.039
about it is that this is not
a court that is necessarily hostile obviously to

639
00:48:02.159 --> 00:48:07.000
Second Amendment rights, because you have
a decision where if they were, you

640
00:48:07.079 --> 00:48:09.840
could see them upholling the bump stock
regulation. Yeah right. And and by

641
00:48:09.840 --> 00:48:14.679
the way, the bumpstock regulation is
probagated in the Trump administration, which was

642
00:48:15.119 --> 00:48:17.760
generally very favorable to gun rights.
Well, that's the that's the fun part

643
00:48:17.800 --> 00:48:22.880
this week is oh, we're so
mad at the Supreme Court for overdoing something

644
00:48:22.960 --> 00:48:25.679
that wait wait, well the Trump
administration didn't. And I don't think leftist

645
00:48:25.719 --> 00:48:29.440
don't care about that, I know, but it's still it's still I think

646
00:48:29.480 --> 00:48:30.800
it's fun, which is the same
thing I told you last week when we

647
00:48:30.920 --> 00:48:35.400
discussed it. Steve, Well,
okay, well I wasn't listening, of

648
00:48:35.440 --> 00:48:38.880
course, so I know that's all
right, it's all right. I actually

649
00:48:38.920 --> 00:48:43.079
want to know John that I think
I even said in the podcast that I

650
00:48:43.159 --> 00:48:46.000
wished you were there so that we
could ask you if you thought that that

651
00:48:47.320 --> 00:48:55.280
refusal to allow the ATF to to
stretch the meaning of the word machine gun

652
00:48:55.559 --> 00:49:00.840
to include a device that still that
makes you shoot faster but still requires you

653
00:49:01.039 --> 00:49:07.960
to pull the trigger for every shot, if I mean that it really is.

654
00:49:07.039 --> 00:49:09.800
It's not a Second Amendment case,
it's not a gun control case.

655
00:49:09.960 --> 00:49:15.039
It's a bureaucratic overreach case, is
it. Yes? I think I think

656
00:49:15.440 --> 00:49:20.920
you know, I would think so. I think next week we'll find out

657
00:49:20.960 --> 00:49:23.519
for sure. But if this Court
was going to pull Chevron and all its

658
00:49:23.599 --> 00:49:27.400
glory, then the bump stock case
should have come out the other way.

659
00:49:27.920 --> 00:49:31.360
Yeah, all right, it's uh, it was nine zero. Was that

660
00:49:31.639 --> 00:49:35.000
the bump stock case was nine zero? No, no, it was six

661
00:49:35.159 --> 00:49:39.119
three. I think they're three liberals. Oh, that's allowed the regulation which

662
00:49:39.400 --> 00:49:45.320
were the unanimous ones that people are
so upset about. The abortion case was

663
00:49:45.559 --> 00:49:50.320
unanimous. Right, Oh, that
was outstanding. Yeah, yeah, right,

664
00:49:50.519 --> 00:49:53.400
yeah, we're standing and we talked
about last week regulation. I remember.

665
00:49:53.480 --> 00:49:58.000
I'm just trying to you know,
because what we did talk about last

666
00:49:58.000 --> 00:50:02.960
week, John, was was the
attacks on the court, and the very

667
00:50:04.039 --> 00:50:07.679
serious attacks on the court from a
variety of different angles. But if you

668
00:50:07.760 --> 00:50:12.000
look at what the Court has been
doing lately, it's very hard to categorize

669
00:50:12.079 --> 00:50:17.159
them except in the most ideological way. I suppose. All right, all

670
00:50:17.239 --> 00:50:21.159
right, let's get out, because
for one thing, it's almost lunchtime in

671
00:50:21.400 --> 00:50:23.320
South Korea where John is, and
I think, first of all, lunch,

672
00:50:25.159 --> 00:50:30.239
Greg. I have one comment about
Bragg, who refused to bring charges

673
00:50:30.280 --> 00:50:38.679
against most of the scum who what
they trespassed into and what's the word they

674
00:50:38.840 --> 00:50:45.760
held the hall in Columbia, Yeah, Hamilton Hall, Hamilton Hall. And

675
00:50:45.880 --> 00:50:49.519
people have been saying, you know, this is a really bad look and

676
00:50:49.719 --> 00:50:52.880
two tier justice and I agree with
all that, but what I took away

677
00:50:52.920 --> 00:51:00.760
from it today was in the middle
of a presidential season and where you know,

678
00:51:00.960 --> 00:51:06.679
the left has a pretty big interest
in after seeing you know, people

679
00:51:06.760 --> 00:51:10.400
give more money to Trump, Trump
going up in the polls. Bragg doesn't

680
00:51:10.480 --> 00:51:16.639
care. He doesn't care, and
it's an in your face kind of attitude

681
00:51:16.800 --> 00:51:22.239
by a Soros you know, protected
leftist. And that was the thing that

682
00:51:22.360 --> 00:51:25.599
actually shocked me about it, that
they wouldn't do even the slightest political thing.

683
00:51:27.199 --> 00:51:31.800
Wow. Can I yeah, helping
exactly. I'm glad you said that

684
00:51:31.920 --> 00:51:37.679
last point because I'll bet right now
the leadership of Columbia, as bad as

685
00:51:37.719 --> 00:51:40.880
they are and the trustees as bad
as they are, are fuming about brag

686
00:51:42.079 --> 00:51:45.719
dropping those charges. The reason I
think that I was talking to all drop

687
00:51:45.800 --> 00:51:49.239
names. I was talking to Victor
Davis Hansen about this this morning. Victor

688
00:51:49.320 --> 00:51:52.000
thinks there's going to be a northern
front against Hesbald opened up by Israel,

689
00:51:52.079 --> 00:51:57.239
by say August or so. And
I think that that is going to cause

690
00:51:57.280 --> 00:52:00.880
a campus eruption in the fall.
The pro Palestinian crazy people, their aim

691
00:52:00.920 --> 00:52:06.880
will be to shut down some college
campuses. Bragg has just made that infinitely

692
00:52:06.920 --> 00:52:09.519
more likely to happen to Columbia in
the fall by doing this now, of

693
00:52:09.599 --> 00:52:13.800
course, that the cowards are run
Columbia, they're hoping Bragg would do their

694
00:52:13.840 --> 00:52:15.679
dirty work for them, and they
won't. By the way, today or

695
00:52:15.760 --> 00:52:22.199
yesterday Stanford said they are going to
charge criminally charge and and rest for jail

696
00:52:22.280 --> 00:52:25.559
sentences for people who invaded and vandalized
the president's office. So we'll see how

697
00:52:25.599 --> 00:52:30.280
that plays out. I ridick by
the way, that that the campus protests,

698
00:52:30.280 --> 00:52:34.960
which all the cowardly administrators hope would
go away with the end of the

699
00:52:35.000 --> 00:52:37.960
school year, is going to come
back with a vengeance in the fall.

700
00:52:37.440 --> 00:52:42.519
They are going to succeed in shutting
down some campuses and state too. If

701
00:52:42.559 --> 00:52:45.320
they could easily. They could just
easily end them. If they expel all

702
00:52:45.400 --> 00:52:47.679
the students who participate, of course, and you know how many of you

703
00:52:47.840 --> 00:52:52.400
do, that thing will end.
Yeah, and nobody nobody's done that.

704
00:52:52.679 --> 00:52:54.679
Hopefully we'll come to that, and
they may have to by right, you

705
00:52:54.760 --> 00:52:58.840
know, sometimes forced people, they
have to do the right thing. Two

706
00:52:58.920 --> 00:53:02.000
things to that one. And I
don't know what how much stock to put

707
00:53:02.039 --> 00:53:07.280
this in, but I actually heard
the opposite explanation. I don't know if

708
00:53:07.280 --> 00:53:09.719
the person knew what the heck they
were talking about. That the reason that

709
00:53:09.880 --> 00:53:15.960
Bragg didn't pursue charges against most of
them is that they're all they're all the

710
00:53:15.079 --> 00:53:21.039
rich kid, you know, white
privileged kids of the of the major donors

711
00:53:21.559 --> 00:53:23.280
number one. That was the reason. I don't know that that's true.

712
00:53:23.280 --> 00:53:25.880
I really really don't. I'm just
throwing it at you. And the second

713
00:53:25.920 --> 00:53:32.480
thing is I attended a meeting today
where we actually discussed intelligence that says they're

714
00:53:32.559 --> 00:53:38.920
planning a takeover of a major a
major hall on on my university in the

715
00:53:39.039 --> 00:53:43.559
fall when classes starts. So you're
you're absolutely did you tell us when that

716
00:53:43.639 --> 00:53:46.639
happened? So Steve and I can
come watching. I'm going to go wearing

717
00:53:46.719 --> 00:53:52.840
my Israeli American Israeli pin, and
I'm going to go to the last time

718
00:53:52.880 --> 00:53:57.239
I was there, they had they
had the protests the day after I was

719
00:53:57.360 --> 00:54:01.280
there because they were so upset that
the President didn't didn't come out in their

720
00:54:01.360 --> 00:54:06.960
favor in his announcement that they had
to have a cry day, so they

721
00:54:07.039 --> 00:54:09.559
didn't protest, and I missed them, and I didn't get to go out

722
00:54:09.599 --> 00:54:14.960
and heckle them. I was ready
to sorry anyway, I just wanted to

723
00:54:15.079 --> 00:54:16.079
put that out there, see,
but I don't know that could Now.

724
00:54:16.800 --> 00:54:21.719
I'll bet the pressures on the administration
from you know, A yeah, I'll

725
00:54:21.760 --> 00:54:25.679
bet they're immense. And you know
I have no sympathy for them, one

726
00:54:25.800 --> 00:54:31.800
little tiny speak either way, either
way, exactly right. So now all

727
00:54:31.840 --> 00:54:37.079
right, do you have any Babylon
bes for us up imagining that? Imagine

728
00:54:37.159 --> 00:54:40.239
that right? It's so hard,
it's not fair. Somebody needs to shut

729
00:54:40.320 --> 00:54:45.000
those people down, John, I
said last week that it was I think

730
00:54:45.079 --> 00:54:53.880
that that the Babylon Bee was something
about Garland promises to prosecute anybody who says

731
00:54:53.920 --> 00:54:59.480
that the FBI is corrupt. Yeah, right, And I said, I

732
00:54:59.599 --> 00:55:02.760
said, wait a minute, somebody
needs to contact Seth Dillon and remind him

733
00:55:02.760 --> 00:55:07.880
they're due satire, not they're not
a news organization. But anyway, So,

734
00:55:08.719 --> 00:55:14.320
speaking of d o J opens new
tip line for criminals to report whistleblowers.

735
00:55:16.119 --> 00:55:21.360
Thok, you guys a second,
why now you know? In keeping

736
00:55:21.440 --> 00:55:24.519
with my last point before this,
White House asks migrants to hold off on

737
00:55:24.679 --> 00:55:30.639
raping and murdering any more Americans until
after election. It's been bad, John,

738
00:55:31.039 --> 00:55:37.159
it's been bad. The FBI firearm
training facility replaces paper targets with copies

739
00:55:37.199 --> 00:55:44.199
of the Constitution, and actually the
pictures great. All right, back to

740
00:55:44.400 --> 00:55:47.440
the well, don't you have the
one about Biden and the Pope. Biden

741
00:55:47.519 --> 00:55:51.519
mistakes Pope for giant ice cream cone. That was last week. I say

742
00:55:51.559 --> 00:55:53.559
I used it. Remember, I
told you you, because up until we

743
00:55:54.360 --> 00:55:59.920
had our podcast, Steve, you
hadn't heard that. Biden went, yeah

744
00:56:00.039 --> 00:56:02.079
to the Pope, put his head. He put it. Johnny put his

745
00:56:02.159 --> 00:56:07.880
hands on the Pope's shoulders who he
was sitting down the Pope was and head

746
00:56:07.920 --> 00:56:13.480
bumped him. It was like little
kid or something. I don't know.

747
00:56:13.800 --> 00:56:20.480
Yeah, I don't know. KGP
claims. Mophead claims video where she had

748
00:56:20.639 --> 00:56:23.199
where she said Biden video was a
deep fake, was also a deep fake,

749
00:56:24.599 --> 00:56:29.280
and then white House then claims that
the Terrible economy is just a deep

750
00:56:29.360 --> 00:56:32.719
fake. I like this one.
Has nothing to do with our show today,

751
00:56:32.760 --> 00:56:37.440
but I still like it. Trump
pulling at one after hosts warn he

752
00:56:37.519 --> 00:56:45.960
would cancel the view. I saw
that one wait wait, wait, wait

753
00:56:45.000 --> 00:56:50.880
one more. Since John had all
that fun time with climate change in South

754
00:56:50.960 --> 00:56:55.480
Korea, scientists torn on whether to
blame heat wave on climate change, Trump

755
00:56:57.239 --> 00:57:00.280
or white supremacy. Well that's true, Yes, that's right. Yeah,

756
00:57:01.320 --> 00:57:06.480
okay, John, send us out, Okay, always drink your whiskey.

757
00:57:06.599 --> 00:57:10.400
Neat, let's go, Brandon and
Steve. God save the queen man.

758
00:57:10.480 --> 00:57:15.639
Although I got to update that sometime
soon. Allright, Bye bye, everybody,

759
00:57:15.719 --> 00:57:30.320
see you next week. Too much
cobbon monoxide fool me too, too

760
00:57:30.480 --> 00:57:52.360
much cabon monoxide fool me too,
Bill Leesy les where Ricochet Join the conversation