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<v Speaker 1>Seven thirty fifty five KCV talk station, Happy Wednesday. We're

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<v Speaker 1>in here from the High Stake School of Communications, Hillary

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<v Speaker 1>Schulman after the top of the hour of News at

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<v Speaker 1>eight oh five. Study shows a predicting vote choice depends

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<v Speaker 1>on the wording of ballot language. For more low information voters.

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<v Speaker 1>The crazier the wording, the more difficult it is, the

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<v Speaker 1>less likely it is to pass. I have a feeling issue.

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<v Speaker 1>One will come up here at eight h five. Judgment

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<v Speaker 1>Polaitano in one hour. In the meantime, I am police.

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<v Speaker 1>Welcome to the fifty five KRC Morning Show. Joseph Ashbrook.

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<v Speaker 1>He's president of the Cincinni Lawyer's Chapter of the Federalist Society,

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<v Speaker 1>which promotes the principles that the state exists to preserve freedom,

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<v Speaker 1>separation of government, powers of central art Constitution, and is

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<v Speaker 1>the province of duty the judiciary to say what the

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<v Speaker 1>law is, not what it should be. Amen Ashbrook, the

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<v Speaker 1>editor in chief of the Virginia Law Review, currently practices

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<v Speaker 1>of the law firm Ashbrook, Burn and kresgy LLC, which

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<v Speaker 1>is a booptique firm seeking to level the playing field

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<v Speaker 1>for those pursuing the American dream. They provide outside general

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<v Speaker 1>counselgation services to entrepreneurs, local governments and closely held businesses,

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<v Speaker 1>and he engages in public interest litigation. He is going

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<v Speaker 1>to be doing in Apower Youth Seminar which has taking place.

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<v Speaker 1>What is that tomorrow night, Thursday, beginning at seven pm.

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<v Speaker 1>You can log in online right there or show up

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<v Speaker 1>in person at two twenty five North and Boulevard. Welcome

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<v Speaker 1>to the program. It's a pleasure to have you on

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<v Speaker 1>this morning. Joseph athbro Ashbrook Brian, thanks for having me.

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<v Speaker 2>Great to be with you.

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<v Speaker 1>I was a member of the Federal Society when I

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<v Speaker 1>was in law school. I believe in the principles of

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<v Speaker 1>the Federalist Society. I believe in the perception of what

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<v Speaker 1>the court's role is again to say what the law is,

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<v Speaker 1>interpret whatever is in front of them, within the confines

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<v Speaker 1>of what has been passed into law, not rewrite the

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<v Speaker 1>law to the extent it's been found to be unconstitutional,

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<v Speaker 1>but then send it back to Congress where it should

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<v Speaker 1>be fixed, or to your legislative brandchs where it should

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<v Speaker 1>be fixed. Judicial activists just take it upon themselves to

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<v Speaker 1>write whatever the hell they want.

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<v Speaker 2>Yea exactly right. It goes back, Brian to one of

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<v Speaker 2>our first principles of the country. It's easy to overlook,

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<v Speaker 2>and it's the first three words of the Constitution, We

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<v Speaker 2>the people. The first principle being that ultimately the people

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<v Speaker 2>decide and not unelected judges who make the decisions that

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<v Speaker 2>govern the people's lives. So it's them from that originally

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<v Speaker 2>stems from that first principle that governs everything we do,

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<v Speaker 2>or should govern everything we do as a country.

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<v Speaker 1>Well, and you know Roe v. Wade obviously making it

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<v Speaker 1>big in the news since the Dobb's decision, But the

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<v Speaker 1>Dobb's decision pointed out what the folks in Roe v.

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<v Speaker 1>Wade should have known, which is the federal Constitution doesn't

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<v Speaker 1>address the issue. It is an issue that is reserved

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<v Speaker 1>to the states. The federal government has limited enumerated powers,

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<v Speaker 1>and the Tenth Amendment says those not specifically covered by

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<v Speaker 1>the Constitution belong to the state. It's not a difficult

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<v Speaker 1>concept to understand, is it.

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<v Speaker 2>No, you're one hundred percent right, and fundamentally, you know,

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<v Speaker 2>maybe in some level our politics are too sophisticated for

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<v Speaker 2>our own good today. So there's a lot of dueling

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<v Speaker 2>narratives that are out there, and the never ending brinksmanship

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<v Speaker 2>of conquest. But fundamentally, where we are right now from

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<v Speaker 2>what consistent with what you just said, is we're on

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<v Speaker 2>a path of real progress. It's kind of amazing America.

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<v Speaker 2>If you're an American out there listening, it's pretty darn

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<v Speaker 2>cool being an American. And the scope of human history,

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<v Speaker 2>the formation of our government in our country is the exception,

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<v Speaker 2>not the rule. And what the Founders did was change

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<v Speaker 2>the course of human history for people in other countries

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<v Speaker 2>all over the world, and yet still in our country

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<v Speaker 2>it's really hard, has been really hard to live up

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<v Speaker 2>to our founding principle that the people decide. And so

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<v Speaker 2>if you look at a case like Dobbs, I think

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<v Speaker 2>Dobs stand for the proposition the way I do it.

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<v Speaker 2>Dob stands for the proposition that the court recognized that

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<v Speaker 2>the Court was also out and by the Constitution, the

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<v Speaker 2>Constitution created the court. So how can the court then

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<v Speaker 2>look to the Constitution and say today you are this

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<v Speaker 2>or today you are that. So Dobbs to me is

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<v Speaker 2>the Court being faithful to its role, which is a

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<v Speaker 2>form of judicial humility and recognizing our institution does not

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<v Speaker 2>have the power to write the law. The people have

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<v Speaker 2>the power to write the law, and so Roe v.

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<v Speaker 1>Way needs to be overturned well, and of course that

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<v Speaker 1>leaves the decision making to the states. And we all

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<v Speaker 1>know what the outcome of the various states who brought

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<v Speaker 1>this up has been. Some states, it's gone one way

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<v Speaker 1>and st the other, and that's the will of the people.

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<v Speaker 1>Let's talk with something specific. We have laws that are written,

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<v Speaker 1>but we have a careless and lazy legislative branch who

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<v Speaker 1>gives all the rulemaking and regulation writing power to unnamed,

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<v Speaker 1>unelected individuals behind the scenes. Now, we've had some really

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<v Speaker 1>wonderful developments out of the Supreme Court, which I presume

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<v Speaker 1>we'd be talking about in your seven Arch tomorrow, But

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<v Speaker 1>the West Virginia versus EPA case always comes to mind

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<v Speaker 1>with me because listen, you know you can't go too

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<v Speaker 1>far afield. It has to be specifically identified whatever you're regulating,

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<v Speaker 1>and know a tablespoon of water on private property is

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<v Speaker 1>not navigable, nor was it ever intended to be deemed navigable,

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<v Speaker 1>and that you have regulators behind the scenes saying, oh no, no,

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<v Speaker 1>it is because water ultimately flows downhill and ends up

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<v Speaker 1>in a navigable waterway. That's an abuse of the regulatory power.

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<v Speaker 1>And finally Supreme Court spanked them down. But that's just

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<v Speaker 1>one of many cases lately where they've done just that.

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<v Speaker 2>Yeah, Brian, you're exactly right. One of the cases we're

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<v Speaker 2>going to talk about tomorrow night a recent decision Low

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<v Speaker 2>or Bright without getting over the technical, but the court

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<v Speaker 2>struck down a doctrine called Chevron difference. Yes, and it

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<v Speaker 2>relates to the exact it relates to the exact species

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<v Speaker 2>of issues that you're talking about, and it basically means

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<v Speaker 2>that the courts are no longer going to defer to

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<v Speaker 2>an agency interpretation of its own. So, Congress, if the

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<v Speaker 2>agency creates a rule that said, in this particular case,

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<v Speaker 2>it was fishermen who the agency created a rule that

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<v Speaker 2>said commercial fishermen had to pay approximately eight hundred the

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<v Speaker 2>costs about eight hundred bucks a day for an environmental

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<v Speaker 2>monitor on their fishing expeditions, and they challenged that in

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<v Speaker 2>the agency to challenge that the agency didn't have authority

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<v Speaker 2>to force that on them, and then the agency says, well, yes,

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<v Speaker 2>we do. So then the question becomes under the statute

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<v Speaker 2>authorizing the agency, did the agency actually have that authority.

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<v Speaker 2>The Chevron deference doctrine told courts to defer to the

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<v Speaker 2>interpretation of the agency, and so when the court struck

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<v Speaker 2>that down, what that's going to do is, it's fundamentally,

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<v Speaker 2>as a practical matter, it's going to require if Congress,

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<v Speaker 2>if the federal government wants to exercise power over people's

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<v Speaker 2>private rights, then Congress is going to have to be

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<v Speaker 2>clear about it, because the agencies are not going to

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<v Speaker 2>be able to just quote interpret their way into the

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<v Speaker 2>exercise of power. And so then if Congress is clear

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<v Speaker 2>about it, whether it happens or not, then the people

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<v Speaker 2>can choose to vote the people who wrote the law

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<v Speaker 2>in or out of office. So that back to the

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<v Speaker 2>first principle, who decide, the people decide. It forces the

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<v Speaker 2>government to run in such a way that the people

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<v Speaker 2>are ultimately deciding because they're voting the decision makers into

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<v Speaker 2>that office.

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<v Speaker 1>Well, Joseph Ashbrook, who is going to be doing the

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<v Speaker 1>seminar tomorrow night and talking about all these issues, it

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<v Speaker 1>could be that the control seeking to be exercised over

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<v Speaker 1>the people in and of itself may be unconstitutional. And

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<v Speaker 1>you can't make something constitutional really because you're silent on

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<v Speaker 1>the matter and leading it up to a regulatory agency,

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<v Speaker 1>you might be able to challenge the actual law itself

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<v Speaker 1>on its face for intruding into our personal rights and liberties.

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<v Speaker 2>One hundred percent. And the court you mentioned the term

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<v Speaker 2>judicial activism. I think one of the interesting intellectual developments

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<v Speaker 2>that's going on right now in law is the idea

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<v Speaker 2>of using the terms and what they mean. So one

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<v Speaker 2>of the ways the current Supreme Court is getting attacked

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<v Speaker 2>by folks on the left is by saying they're an

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<v Speaker 2>activist court and striking down Gods is an activist decision,

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<v Speaker 2>but it's not, And that misunderstands the idea of activism.

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<v Speaker 2>When court, a court is doing its role. If to

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<v Speaker 2>your point, there's a private right in another constitution of

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<v Speaker 2>provision that the law itself is unconstitutional. If a court

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<v Speaker 2>is faced with the case of controversy where that's presented

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<v Speaker 2>and the court does not strike down the law, then

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<v Speaker 2>that is activism. If the court it's not just the

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<v Speaker 2>exercise of power, not exercising the power, it's the court

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<v Speaker 2>doing its proper role, which in our government is enforcing

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<v Speaker 2>the written law, the limits of the law, and protecting

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<v Speaker 2>protecting individual rights from that and keeping the government itself

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<v Speaker 2>within its limited swim length and that structural that structural

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<v Speaker 2>dynamic protects liberty and freedom for all of us.

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<v Speaker 1>Just fastbook. We're speaking tomorrow night. Empower you America dot org.

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<v Speaker 1>You log in from home or show have a two

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<v Speaker 1>twenty five North and Boulevard. He is a president of

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<v Speaker 1>since Hey Lawyer's chapter of the Federalist Society. Real quick

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<v Speaker 1>here before we part company this morning, Joseph, and this

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<v Speaker 1>is going to be of just a fascinating seminar. Any

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<v Speaker 1>upcoming Supreme Court cases that you want to mention before

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<v Speaker 1>we part company.

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<v Speaker 2>I think that everyone should nothing in particular other than

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<v Speaker 2>we live in consequential times that there's a lot going

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<v Speaker 2>on and there's such an opportunity go out vote, vote, vote,

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<v Speaker 2>vote vote. Who we choose to be our leaders has

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<v Speaker 2>such consequence to it, and we have a real opportunity

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<v Speaker 2>now to continue the project that the founder started, which

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<v Speaker 2>is the people Decide. We look forward to everybody that

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<v Speaker 2>comes out. Brian, thanks for doing what you do and

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<v Speaker 2>appreciate you having the office one Joseph Astbrook.

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<v Speaker 1>It has been a distinct pleasure having you on the

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<v Speaker 1>program and everyday be tuning in tomorrow night at the beginning

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<v Speaker 1>at seven pm. Just make sure you register empower You America.

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<v Speaker 1>You're either attending in person or registering to attend virtually

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<v Speaker 1>empower you America dot org. Thanks Joseph, keep up the

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<v Speaker 1>great work. My friend seven forty one at fifty five

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<v Speaker 1>care CD talk station and get in touch with Suseette

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<v Speaker 1>Lows Camp. You want to buy a house, do what

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<v Speaker 1>my daughter did. Listen to her dad at the outset.

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<v Speaker 1>She didn't. She went right out and started working with

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<v Speaker 1>a bank. And they're dragging her feet and was taking

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<v Speaker 1>a while, and she said, we want to get this house.

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<v Speaker 1>We want to get this out. I said, call Susette

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<v Speaker 1>Low's Camp. Okay, she did. A couple of days later,

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<v Speaker 1>they got financing, they own their house, they're happy, they're well,

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<v Speaker 1>they got a mortgage. Anyway, that's what it's all about.

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<v Speaker 1>She's got thirty five plus years in a business of

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<v Speaker 1>experiencing the mortgage business. She is with Cross Country Mortgage,

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<v Speaker 1>Meaning if you can hear my voice and you are

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<v Speaker 1>a resident of the United States of America or Puerto Rico,

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<v Speaker 1>she can get your mortgage or she can help you

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<v Speaker 1>refinance what you've got. Get some equity out of your home.

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<v Speaker 1>If you like the idea of reverse mortgages personally, don't

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<v Speaker 1>she can do those. She's got great experience, best possible

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<v Speaker 1>person in the business in terms of customer service. She's

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<v Speaker 1>as sweet as she can be. You'll like working with

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<v Speaker 1>her and you'll like how quickly the process will uh

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<v Speaker 1>will go from start to finish. Never a junk fee,

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<v Speaker 1>never an application fee. With Suzette Low's Camp, it's always

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<v Speaker 1>great rates at a low cost. Or a bunch of

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<v Speaker 1>programs out there, she can tell you all about them

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<v Speaker 1>if you qualify, So just get in touch with her anytime.

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<v Speaker 1>She'll be quick about getting back with you, even if

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<v Speaker 1>you call her outside of business hours. Just wait around.

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<v Speaker 1>It will be that long. She'll call you right back

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<v Speaker 1>that number five one three three one three fifty one

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<v Speaker 1>seventy six five one three three one three fifty one

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<v Speaker 1>seventy six or send her an email at Suzett dot

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<v Speaker 1>lows camp. That's l O s E KA MP Suzette

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<v Speaker 1>dot lows Camp at CCM.

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<v Speaker 2>Dot com fifty five KRC man.

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<v Speaker 1>If you're suffering from a rectile