Speaker 1: Seven thirty fifty five KCV talk station, Happy Wednesday. We're
Speaker 1: in here from the High Stake School of Communications, Hillary
Speaker 1: Schulman after the top of the hour of News at
Speaker 1: eight oh five. Study shows a predicting vote choice depends
Speaker 1: on the wording of ballot language. For more low information voters.
Speaker 1: The crazier the wording, the more difficult it is, the
Speaker 1: less likely it is to pass. I have a feeling issue.
Speaker 1: One will come up here at eight h five. Judgment
Speaker 1: Polaitano in one hour. In the meantime, I am police.
Speaker 1: Welcome to the fifty five KRC Morning Show. Joseph Ashbrook.
Speaker 1: He's president of the Cincinni Lawyer's Chapter of the Federalist Society,
Speaker 1: which promotes the principles that the state exists to preserve freedom,
Speaker 1: separation of government, powers of central art Constitution, and is
Speaker 1: the province of duty the judiciary to say what the
Speaker 1: law is, not what it should be. Amen Ashbrook, the
Speaker 1: editor in chief of the Virginia Law Review, currently practices
Speaker 1: of the law firm Ashbrook, Burn and kresgy LLC, which
Speaker 1: is a booptique firm seeking to level the playing field
Speaker 1: for those pursuing the American dream. They provide outside general
Speaker 1: counselgation services to entrepreneurs, local governments and closely held businesses,
Speaker 1: and he engages in public interest litigation. He is going
Speaker 1: to be doing in Apower Youth Seminar which has taking place.
Speaker 1: What is that tomorrow night, Thursday, beginning at seven pm.
Speaker 1: You can log in online right there or show up
Speaker 1: in person at two twenty five North and Boulevard. Welcome
Speaker 1: to the program. It's a pleasure to have you on
Speaker 1: this morning. Joseph athbro Ashbrook Brian, thanks for having me.
Speaker 2: Great to be with you.
Speaker 1: I was a member of the Federal Society when I
Speaker 1: was in law school. I believe in the principles of
Speaker 1: the Federalist Society. I believe in the perception of what
Speaker 1: the court's role is again to say what the law is,
Speaker 1: interpret whatever is in front of them, within the confines
Speaker 1: of what has been passed into law, not rewrite the
Speaker 1: law to the extent it's been found to be unconstitutional,
Speaker 1: but then send it back to Congress where it should
Speaker 1: be fixed, or to your legislative brandchs where it should
Speaker 1: be fixed. Judicial activists just take it upon themselves to
Speaker 1: write whatever the hell they want.
Speaker 2: Yea exactly right. It goes back, Brian to one of
Speaker 2: our first principles of the country. It's easy to overlook,
Speaker 2: and it's the first three words of the Constitution, We
Speaker 2: the people. The first principle being that ultimately the people
Speaker 2: decide and not unelected judges who make the decisions that
Speaker 2: govern the people's lives. So it's them from that originally
Speaker 2: stems from that first principle that governs everything we do,
Speaker 2: or should govern everything we do as a country.
Speaker 1: Well, and you know Roe v. Wade obviously making it
Speaker 1: big in the news since the Dobb's decision, But the
Speaker 1: Dobb's decision pointed out what the folks in Roe v.
Speaker 1: Wade should have known, which is the federal Constitution doesn't
Speaker 1: address the issue. It is an issue that is reserved
Speaker 1: to the states. The federal government has limited enumerated powers,
Speaker 1: and the Tenth Amendment says those not specifically covered by
Speaker 1: the Constitution belong to the state. It's not a difficult
Speaker 1: concept to understand, is it.
Speaker 2: No, you're one hundred percent right, and fundamentally, you know,
Speaker 2: maybe in some level our politics are too sophisticated for
Speaker 2: our own good today. So there's a lot of dueling
Speaker 2: narratives that are out there, and the never ending brinksmanship
Speaker 2: of conquest. But fundamentally, where we are right now from
Speaker 2: what consistent with what you just said, is we're on
Speaker 2: a path of real progress. It's kind of amazing America.
Speaker 2: If you're an American out there listening, it's pretty darn
Speaker 2: cool being an American. And the scope of human history,
Speaker 2: the formation of our government in our country is the exception,
Speaker 2: not the rule. And what the Founders did was change
Speaker 2: the course of human history for people in other countries
Speaker 2: all over the world, and yet still in our country
Speaker 2: it's really hard, has been really hard to live up
Speaker 2: to our founding principle that the people decide. And so
Speaker 2: if you look at a case like Dobbs, I think
Speaker 2: Dobs stand for the proposition the way I do it.
Speaker 2: Dob stands for the proposition that the court recognized that
Speaker 2: the Court was also out and by the Constitution, the
Speaker 2: Constitution created the court. So how can the court then
Speaker 2: look to the Constitution and say today you are this
Speaker 2: or today you are that. So Dobbs to me is
Speaker 2: the Court being faithful to its role, which is a
Speaker 2: form of judicial humility and recognizing our institution does not
Speaker 2: have the power to write the law. The people have
Speaker 2: the power to write the law, and so Roe v.
Speaker 1: Way needs to be overturned well, and of course that
Speaker 1: leaves the decision making to the states. And we all
Speaker 1: know what the outcome of the various states who brought
Speaker 1: this up has been. Some states, it's gone one way
Speaker 1: and st the other, and that's the will of the people.
Speaker 1: Let's talk with something specific. We have laws that are written,
Speaker 1: but we have a careless and lazy legislative branch who
Speaker 1: gives all the rulemaking and regulation writing power to unnamed,
Speaker 1: unelected individuals behind the scenes. Now, we've had some really
Speaker 1: wonderful developments out of the Supreme Court, which I presume
Speaker 1: we'd be talking about in your seven Arch tomorrow, But
Speaker 1: the West Virginia versus EPA case always comes to mind
Speaker 1: with me because listen, you know you can't go too
Speaker 1: far afield. It has to be specifically identified whatever you're regulating,
Speaker 1: and know a tablespoon of water on private property is
Speaker 1: not navigable, nor was it ever intended to be deemed navigable,
Speaker 1: and that you have regulators behind the scenes saying, oh no, no,
Speaker 1: it is because water ultimately flows downhill and ends up
Speaker 1: in a navigable waterway. That's an abuse of the regulatory power.
Speaker 1: And finally Supreme Court spanked them down. But that's just
Speaker 1: one of many cases lately where they've done just that.
Speaker 2: Yeah, Brian, you're exactly right. One of the cases we're
Speaker 2: going to talk about tomorrow night a recent decision Low
Speaker 2: or Bright without getting over the technical, but the court
Speaker 2: struck down a doctrine called Chevron difference. Yes, and it
Speaker 2: relates to the exact it relates to the exact species
Speaker 2: of issues that you're talking about, and it basically means
Speaker 2: that the courts are no longer going to defer to
Speaker 2: an agency interpretation of its own. So, Congress, if the
Speaker 2: agency creates a rule that said, in this particular case,
Speaker 2: it was fishermen who the agency created a rule that
Speaker 2: said commercial fishermen had to pay approximately eight hundred the
Speaker 2: costs about eight hundred bucks a day for an environmental
Speaker 2: monitor on their fishing expeditions, and they challenged that in
Speaker 2: the agency to challenge that the agency didn't have authority
Speaker 2: to force that on them, and then the agency says, well, yes,
Speaker 2: we do. So then the question becomes under the statute
Speaker 2: authorizing the agency, did the agency actually have that authority.
Speaker 2: The Chevron deference doctrine told courts to defer to the
Speaker 2: interpretation of the agency, and so when the court struck
Speaker 2: that down, what that's going to do is, it's fundamentally,
Speaker 2: as a practical matter, it's going to require if Congress,
Speaker 2: if the federal government wants to exercise power over people's
Speaker 2: private rights, then Congress is going to have to be
Speaker 2: clear about it, because the agencies are not going to
Speaker 2: be able to just quote interpret their way into the
Speaker 2: exercise of power. And so then if Congress is clear
Speaker 2: about it, whether it happens or not, then the people
Speaker 2: can choose to vote the people who wrote the law
Speaker 2: in or out of office. So that back to the
Speaker 2: first principle, who decide, the people decide. It forces the
Speaker 2: government to run in such a way that the people
Speaker 2: are ultimately deciding because they're voting the decision makers into
Speaker 2: that office.
Speaker 1: Well, Joseph Ashbrook, who is going to be doing the
Speaker 1: seminar tomorrow night and talking about all these issues, it
Speaker 1: could be that the control seeking to be exercised over
Speaker 1: the people in and of itself may be unconstitutional. And
Speaker 1: you can't make something constitutional really because you're silent on
Speaker 1: the matter and leading it up to a regulatory agency,
Speaker 1: you might be able to challenge the actual law itself
Speaker 1: on its face for intruding into our personal rights and liberties.
Speaker 2: One hundred percent. And the court you mentioned the term
Speaker 2: judicial activism. I think one of the interesting intellectual developments
Speaker 2: that's going on right now in law is the idea
Speaker 2: of using the terms and what they mean. So one
Speaker 2: of the ways the current Supreme Court is getting attacked
Speaker 2: by folks on the left is by saying they're an
Speaker 2: activist court and striking down Gods is an activist decision,
Speaker 2: but it's not, And that misunderstands the idea of activism.
Speaker 2: When court, a court is doing its role. If to
Speaker 2: your point, there's a private right in another constitution of
Speaker 2: provision that the law itself is unconstitutional. If a court
Speaker 2: is faced with the case of controversy where that's presented
Speaker 2: and the court does not strike down the law, then
Speaker 2: that is activism. If the court it's not just the
Speaker 2: exercise of power, not exercising the power, it's the court
Speaker 2: doing its proper role, which in our government is enforcing
Speaker 2: the written law, the limits of the law, and protecting
Speaker 2: protecting individual rights from that and keeping the government itself
Speaker 2: within its limited swim length and that structural that structural
Speaker 2: dynamic protects liberty and freedom for all of us.
Speaker 1: Just fastbook. We're speaking tomorrow night. Empower you America dot org.
Speaker 1: You log in from home or show have a two
Speaker 1: twenty five North and Boulevard. He is a president of
Speaker 1: since Hey Lawyer's chapter of the Federalist Society. Real quick
Speaker 1: here before we part company this morning, Joseph, and this
Speaker 1: is going to be of just a fascinating seminar. Any
Speaker 1: upcoming Supreme Court cases that you want to mention before
Speaker 1: we part company.
Speaker 2: I think that everyone should nothing in particular other than
Speaker 2: we live in consequential times that there's a lot going
Speaker 2: on and there's such an opportunity go out vote, vote, vote,
Speaker 2: vote vote. Who we choose to be our leaders has
Speaker 2: such consequence to it, and we have a real opportunity
Speaker 2: now to continue the project that the founder started, which
Speaker 2: is the people Decide. We look forward to everybody that
Speaker 2: comes out. Brian, thanks for doing what you do and
Speaker 2: appreciate you having the office one Joseph Astbrook.
Speaker 1: It has been a distinct pleasure having you on the
Speaker 1: program and everyday be tuning in tomorrow night at the beginning
Speaker 1: at seven pm. Just make sure you register empower You America.
Speaker 1: You're either attending in person or registering to attend virtually
Speaker 1: empower you America dot org. Thanks Joseph, keep up the
Speaker 1: great work. My friend seven forty one at fifty five
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