Speaker 1: Channa nine first forty one forecasts overcast. Guys. Today, rain
Speaker 1: shows up around four pm. I have thirty six overnaightle
Speaker 1: of thirty five. We will have more showers and maybe
Speaker 1: even storms, but northern counties look out for some freezing
Speaker 1: rains because that's possible. Tomorrow we have rain in the morning.
Speaker 1: It'll be partly clouded a balance, and I have sixty
Speaker 1: one thirty overnight with partley bodies. Guys, Friday's going to
Speaker 1: be sunny. It comes at a small price, so HI
Speaker 1: of just forty two thirty three. Right now, time for
Speaker 1: Chuck Ingram with a traffic update from the UC.
Speaker 2: Health Traffic Center. Heart disease is the leading cause of
Speaker 2: death in the US.
Speaker 3: If you're at.
Speaker 2: Risk, trust the experts and you see health for Innovative
Speaker 2: and person of ezzed heartcare. Expect more at you see
Speaker 2: how dot COM's northbound seventy five erecting your town street
Speaker 2: left hand side, then one end the split north seventy
Speaker 2: five on the right hand side, and cruis are working
Speaker 2: to clean up from an earlier accident. He spent two
Speaker 2: to seventy five turkey foot that ramp is blocked off.
Speaker 2: Coming up next guests, who's well being a Giants fan.
Speaker 2: Pretty sure we know who the judge is rooting for
Speaker 2: in the big game. It's time to talk to the
Speaker 2: newest Chiefs and swifty fan. In fact, he's going for
Speaker 2: his own three p nachos. Nachos and you were way
Speaker 2: ahead of me the judges.
Speaker 1: Next Chuck ingraman fifty five krz. He talks station what
Speaker 1: are you gonna do? Good morning, Good morning, Judge.
Speaker 3: Nitapolitano introductions. I get anywhere I know, I listen.
Speaker 1: I cann't say that definitively, because I know you're introduced
Speaker 1: every single day on multiple platforms everywhere around the country
Speaker 1: and the globe. But I would have been able to
Speaker 1: easily guess that his are the most interesting and unique introductions.
Speaker 1: How could they not be? No one ever knows Greg
Speaker 1: what's on Chuck's mike? Does he have it right?
Speaker 3: Though?
Speaker 1: You can be rooting for the Chiefs.
Speaker 3: No, he does not.
Speaker 4: I am a fan of Barkley, who I think is
Speaker 4: the greatest running back in the business, and if he
Speaker 4: has a few more years like this past one, he'll
Speaker 4: be the greatest running back in history. And the Giants
Speaker 4: need to learn their lesson about the stupidity of letting
Speaker 4: him go over allowsy million dollars a year.
Speaker 1: Is that a chip I see on your shoulder, Judge
Speaker 1: the politics, It is a big chip.
Speaker 4: They paid Danny Dimes forty million a year, is the
Speaker 4: worst quarterback in the business, and they let Barkley go
Speaker 4: the best running back in the business.
Speaker 1: Well, I'm on your side. I'm on your side, so
Speaker 1: we will share.
Speaker 4: Any of this have to do with Patrick Mahomes, who
Speaker 4: might be the best athlete.
Speaker 1: On the planet right, Well, and let us use that
Speaker 1: as a pivot. Not much of a relatable pivot. Pivot
Speaker 1: over to your column is the tariffs in the Constitution.
Speaker 1: I'm so glad that you chose to deal with the
Speaker 1: concept of tariffs, but it's a rather esoteric area of
Speaker 1: the law. And even in my retort to you or
Speaker 1: my response to you, I wasn't aware of the case
Speaker 1: that the Supreme Court has allowed this to happen. But
Speaker 1: it is an easy question to ask for anybody. How
Speaker 1: is it that Trump can just flip a switch and
Speaker 1: tariff a country literally almost in any amount he wants.
Speaker 3: It. Just it seems like.
Speaker 4: Congress years ago, at the height of the depression and
Speaker 4: the cusp of World War Two, the Congress decided to
Speaker 4: give that power to Franklin Delan of Roosevelt, and it
Speaker 4: has resided in every president since. Notwithstanding, the Constitution couldn't
Speaker 4: be clearer. All taxes shall be raised by legislation enacted
Speaker 4: by the Congress, and all legislation for imposing taxes shall
Speaker 4: originate in the House of Representatives.
Speaker 3: Couldn't possibly be clearer.
Speaker 4: You have this one tax, a tariff which can be ruinous,
Speaker 4: can be imposed.
Speaker 3: By the president and the president alone.
Speaker 1: And yet the Constitution does not address specifically tariffs residing
Speaker 1: in the executive branch. So by what circuitous route does
Speaker 1: the president end up with the power to just sort
Speaker 1: of one day turn and say, hey, I'm going to
Speaker 1: tax Canada twenty five percent.
Speaker 4: So the decision is called United States versus Curtis Right.
Speaker 4: Curtis Right was the name of an arms manufacturer who
Speaker 4: sold arms to Bolivia, and the Congress had authorized FDR
Speaker 4: to im embargoes on arms. Had his own choosing, you
Speaker 4: can impose an embargo one day and unimpose it the next.
Speaker 4: And when he imposed the arms embargo on Bolivia and
Speaker 4: Curtis Right sold it anyway, the Fed's indicted the corporation.
Speaker 4: The federal judge throughout the indictment by saying that the
Speaker 4: president decide what's legal and what's not. The president can't
Speaker 4: create a crime, only Congress can.
Speaker 3: The Supreme Court reversed it.
Speaker 4: Now, if the Supreme Court had simply reversed it and
Speaker 4: said hold a trial.
Speaker 3: We wouldn't have known about any of this.
Speaker 4: But the reversal was written by Justice George Sutherland born
Speaker 4: in Great Britain, which is part of this story. He
Speaker 4: wrote a treatise on presidential power, going well beyond the
Speaker 4: issues before the Court, and in that treatise, in the
Speaker 4: guise of a judicial opinion us versus Curtis Right, he
Speaker 4: declares that the president and the president alone establishes foreign policy,
Speaker 4: and he needs tools to effectuate that establishment.
Speaker 3: And among those tools.
Speaker 4: Are deciding what's criminal when it violates his foreign policy,
Speaker 4: and imposing tariffs in order to effectuate.
Speaker 3: The aren't policy. None of this was.
Speaker 4: Before the court, or most of it wasn't before the court,
Speaker 4: but it's in the opinion anyway. The opinion has never
Speaker 4: been touched as absurd as it is because the federal
Speaker 4: government is one of limited powers, but just as Sutherland wrote,
Speaker 4: this is actually in the opinion Brian that in seventeen
Speaker 4: eighty nine, when the Constitution was.
Speaker 3: Ratified, the power of foreign government.
Speaker 4: Of dealing with foreign governments magically came across the Atlantic
Speaker 4: Ocean from George the Third to George Washington and has
Speaker 4: been reposed in the hands of every president ever since.
Speaker 1: So we relate.
Speaker 4: It is still good law, as irrational as it is,
Speaker 4: and every president from FDR to Donald Trump, has used
Speaker 4: that opinion as legal authority for the imposition of everything
Speaker 4: from embargoes to tariffs.
Speaker 1: So, insofar as Curtis Right was concerned, it was selling
Speaker 1: arms to Bolivia in spite of the ban on that
Speaker 1: did that happen.
Speaker 4: But the ban was not a congressional band. The ban
Speaker 4: was a presidential ban, and so Curtis Wright argued that
Speaker 4: Congress did not have the power to delegate that power
Speaker 4: to the president. If Congress had said, thou shalt not
Speaker 4: sell arms to Bolivia, and if you do, it's a felony,
Speaker 4: that would have been one thing.
Speaker 3: But when Congress said.
Speaker 4: Thou shalt not do what FDR prohibits you from doing it,
Speaker 4: if you do, it's a felony that violates the principle
Speaker 4: of non delegation.
Speaker 3: So Supreme Court rejected that argument.
Speaker 1: But within that that that declaration, FDR was able to say, no,
Speaker 1: don't sell the arms delivery. He also he made it
Speaker 1: a crime to violate his declaration that they won't be
Speaker 1: sold or did it just was it just a ban
Speaker 1: that didn't carry with it a criminal component. That's what
Speaker 1: I wanted to kind of be clear on.
Speaker 3: He made it a crime, Oh, which is why it
Speaker 3: was scandalous.
Speaker 4: It will be one thing to impose some administrative sanction
Speaker 4: on this company, quite another thing to indict them for
Speaker 4: a crime that was never enacted by the Congress. This
Speaker 4: violates all the due process jurisprudence about notice and about
Speaker 4: the legitimacy of federal crimes, which can only be made
Speaker 4: valid by action of the Congress, not by action of
Speaker 4: the president. Now, Joe Biden has imposed sanctions and Donald
Speaker 4: Trump has not unimposed them on many, many Russian facilities.
Speaker 4: I mean what Trump said the other day, I'm going
Speaker 4: to impose sanctions on the Russians. Well, Biden has sanctioned
Speaker 4: everything the Russians sell us except for one thing which
Speaker 4: we desperately need, which is uranium.
Speaker 3: I don't even know if the president knew it. I
Speaker 3: also don't know.
Speaker 4: It's long wind an answer to your question, if it
Speaker 4: is a crime a felony to violate those sanctions, Uh,
Speaker 4: there's about a couple of million dollars worth of still
Speaker 4: itch Naya vodka still sitting in Port Newark. It came
Speaker 4: across the Atlantic Ocean while Biden imposed the sanctions.
Speaker 3: It's still sitting in a warehouse in New Jersey. I
Speaker 3: don't know who owns it. I don't know what's going
Speaker 3: to become of it. But if you sold it, could
Speaker 3: you be arrested. I don't know the answer.
Speaker 1: To that, but the idea though that, I mean, I'll
Speaker 1: just say it out on a whim. The president can
Speaker 1: do that and also, in doing so, create a crime
Speaker 1: without congressional approval, which is where that power lies. I
Speaker 1: understand why you're you're in such a state of disbelief
Speaker 1: that this law actually is still on the books, and
Speaker 1: the fact that it derived from from from British law.
Speaker 1: They don't have a constitution with separation of powers.
Speaker 4: Correct Correct Justice to Southerland, who you know came to
Speaker 4: the US as a baby, was a senator from one
Speaker 4: of the Western States. I forget which, but now nevertheless
Speaker 4: had the mindset that the president was a monarch and
Speaker 4: the Congress was like parliament, which is unlimited.
Speaker 3: Parliament can legislate on anything from spitting on the sidewalk
Speaker 3: to treason.
Speaker 4: Congress theoretically cannot legislate on spinning on the sidewalk, although
Speaker 4: that legislated, and I'm just about everything else. That's another
Speaker 4: story for another time. But in Justice Sutherland's mind, and
Speaker 4: seven of the of the remaining eight justices agreed with him.
Speaker 3: McReynolds dissented.
Speaker 4: The president is entitled to monarchical powers with respect to
Speaker 4: foreign affairs because when we became a sovereign country, these
Speaker 4: powers devolved on him. When they were taken away from
Speaker 4: George the Third. I mean, this is absurd. Madison and
Speaker 4: company would have rejected that unambinuously had it been articulated
Speaker 4: in seventeen eighty nine.
Speaker 1: Yeah, there's no question in my mind. You've got that right.
Speaker 1: Oh lord, well, can thank you? I mean again, I
Speaker 1: said yes, to be.
Speaker 3: A little bit in the weeds.
Speaker 4: But everybody's asking, how can the president impose a tax?
Speaker 3: Well, this is how this is.
Speaker 4: How power evolves in America from stupid, outdated, irrational Supreme
Speaker 4: Court opinions.
Speaker 1: Yeah, and uh, I want to address that. Always makes
Speaker 1: me want to bring up the commerce clause.
Speaker 3: I know, I know.
Speaker 4: I talk about Patrick Mahomes at.
Speaker 1: Judge edit of Paula Ton. We always end on judging Freedom,
Speaker 1: which is your your podcast, and I'll encourage my listeners
Speaker 1: to search for it and watch it and listen to it.
Speaker 1: Are you going to be talking to you today?
Speaker 4: Your honor Max Blumenthal, Phil Geraldy and the great Scott
Speaker 4: Ritter later this afternoon.
Speaker 3: Thank you, Brian, I was a pleasure and tell Ingram
Speaker 3: I love him.
Speaker 1: You got it, My brother, love you too. Right back,
Speaker 1: it's coming up an eight forty fifty five KRC detalk station.
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