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<v Speaker 1>We like to do kind of big picture thoughts here

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<v Speaker 1>on John Girardi Show. I like using the radio as

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<v Speaker 1>my sort of sounding board for my larger sort of

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<v Speaker 1>thought pieces. And maybe I'll do a Maybe I'll do

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<v Speaker 1>a written essay on this. I want to talk about

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<v Speaker 1>illegal immigration, and I want to talk about it from

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<v Speaker 1>the problem of macro harms versus micro harms, and the

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<v Speaker 1>inclination to want to address micro issues not understanding how

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<v Speaker 1>they impact macro issues, and sort of the macro bad

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<v Speaker 1>outcomes that result from intentionally I think in many cases

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<v Speaker 1>result from our status quo that we have that we

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<v Speaker 1>have had in America of allowing as much illegal immigration

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<v Speaker 1>as we do one political party just being kind of

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<v Speaker 1>dedicated as a party to a policy of just not

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<v Speaker 1>really enforcing American immigration law. So I maybe one way

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<v Speaker 1>of thinking about this. I've seen this tension myself in

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<v Speaker 1>my own work. Okay, So I helped start a nonprofit

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<v Speaker 1>opgyn clinic. From the perspective of that work, I have

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<v Speaker 1>had frustration in the past because so I started the

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<v Speaker 1>clinic in January of twenty twenty two.

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<v Speaker 2>The clinic's been in three twenty four to twenty five.

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<v Speaker 1>So the clinic's been open for three years, okay, between

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<v Speaker 1>twenty twenty two and twenty twenty five.

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<v Speaker 2>I think it was in twenty.

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<v Speaker 1>Three Gavin Newsom and the California legislature changed California law

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<v Speaker 1>opening medical eligibility to everyone under the required income threshold,

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<v Speaker 1>regardless of your immigration status. So medical health insurance became

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<v Speaker 1>open to illegal aliens. Before that, I had had instances

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<v Speaker 1>where it was frustrating.

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<v Speaker 2>You know, we're trying.

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<v Speaker 1>You know, we have all of our pro life work

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<v Speaker 1>that we're doing through Right to Life and through our

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<v Speaker 1>Overria Clinic. We're trying to help women in difficult situations.

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<v Speaker 1>People are pregnant, they might be considering abortion. We want

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<v Speaker 1>to provide them with care. They're pregnant, but they're not

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<v Speaker 1>in the country legally and they're nervous about you know

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<v Speaker 1>that they can't sign up for medical so how do

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<v Speaker 1>they get health insurance? That's a big push to drive

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<v Speaker 1>them towards abortion. So there's a part of me that's like, well, yes,

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<v Speaker 1>I'm glad that Gavin Newsom provided medical eligibility to people

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<v Speaker 1>who are in the country unlawfully, because then it means

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<v Speaker 1>I can take care of this person.

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<v Speaker 2>That's the micro benefit.

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<v Speaker 1>On a macro level, though, oh, I could very easily

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<v Speaker 1>understand how giving health insurance government funded health insurance to

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<v Speaker 1>illegal aliens is a terrible idea. Maybe not it by itself,

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<v Speaker 1>but it along with a suite of other social welfare programs.

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<v Speaker 1>Why are we expending state resources to make it easier

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<v Speaker 1>to come to the country illegally. You're making California almost

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<v Speaker 1>like a magnet for illegal immigration. If word gets out,

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<v Speaker 1>Hey you can go to California. You can get health insurance,

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<v Speaker 1>you can do this, you could do get this program,

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<v Speaker 1>that program by bah blah blah, bah bah blah, blah

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<v Speaker 1>bah bah. At a certain point, you're on a macro level,

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<v Speaker 1>you're encouraging this behavior that's not good. So I see,

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<v Speaker 1>and I have seen, and I have felt this tension

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<v Speaker 1>between my as a nonprofit. What is my concerned Well,

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<v Speaker 1>I'm not as concerned about in my day to day work.

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<v Speaker 1>I'm not as concerned with the problems, the macro level

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<v Speaker 1>problems of immigration, illegal immigration and the vast social and

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<v Speaker 1>economic pluses and minuses that it brings, economic, social, national security,

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<v Speaker 1>whatever pluses and minuses it brings. All I'm seeing is

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<v Speaker 1>this pregnant woman who overstated or visa who's scared to

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<v Speaker 1>sign up for medical.

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<v Speaker 2>And I want to help her out.

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<v Speaker 1>I think, for example, a lot of the criticisms of

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<v Speaker 1>the Catholic Church a lot of and its service to immigrants,

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<v Speaker 1>and I think a lot of the ways in which

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<v Speaker 1>the bishops in America advocate around the immigration issue is

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<v Speaker 1>infected by this micro level concern. They have people in

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<v Speaker 1>their parishes who are in the country, either they over

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<v Speaker 1>state of visa or maybe they came into the country

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<v Speaker 1>illegally at some point years ago who are now scared,

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<v Speaker 1>and they see their fear and concern. And these are Catholics.

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<v Speaker 1>These are people in their parishes whom they love and

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<v Speaker 1>care for and want to help, and that is what

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<v Speaker 1>motivates this sort of almost knee jerk reaction resistance to

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<v Speaker 1>immigration enforcement efforts. They see the micro harms, but there

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<v Speaker 1>sort of there's this unwillingness to sort of step back

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<v Speaker 1>and look at the macro picture. All right, So I

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<v Speaker 1>want to look step back and look at this macro picture.

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<v Speaker 1>And one of the things that sort of alerted me

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<v Speaker 1>to this was the episcopal female bishop in Washington, d C.

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<v Speaker 1>Who at the National Cathedral started wagging or started lecturing

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<v Speaker 1>President Trump and Vice President Vance, and she's sort of

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<v Speaker 1>lecturing that they need to be merciful towards Is this

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<v Speaker 1>one part of her sermon in fairness, I don't think

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<v Speaker 1>it was the whole thing, But in this one part

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<v Speaker 1>of her sermon, she says she's urging them to be merciful,

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<v Speaker 1>to be kind to transgender kids and to the immigrants

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<v Speaker 1>who are picking vegetables in our fields. Now, first, the

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<v Speaker 1>transgender kids thing is revealing that mercy and kindness is

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<v Speaker 1>not what this person's about. This person has a warped,

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<v Speaker 1>perverted sense of human nature that thinks that biology is meaningless,

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<v Speaker 1>that the body is meaningless, that the body can be

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<v Speaker 1>reshaped into whatever we want, and that therefore, giving a

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<v Speaker 1>child a label like transgender is even something that is sane,

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<v Speaker 1>which it is not. Again, it's a denial of this

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<v Speaker 1>child's biology. To assign that kind of a static identity

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<v Speaker 1>to a child, I think is practically child abuse. So

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<v Speaker 1>I know she's already not coming from a head screwed

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<v Speaker 1>on right Christian starting point, but she mentions to be

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<v Speaker 1>merciful to the people who are.

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<v Speaker 2>Picking the vegetables in our field and.

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<v Speaker 1>A lot of pro immigrant people, especially white pro immigrant people,

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<v Speaker 1>especially white pro immigrant people from the Northeast, who've never

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<v Speaker 1>actually seen.

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<v Speaker 2>A Mexican before.

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<v Speaker 1>And by that that is one dynamic in all this

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<v Speaker 1>is that Northeast liberals who claim to care about the

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<v Speaker 1>plight of Latino farm workers in the San Joaquin Valley

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<v Speaker 1>or of Latino immigrants whatever, don't actually interact with that

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<v Speaker 1>many Latinos at all.

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<v Speaker 2>You go to Washington, d C.

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<v Speaker 1>You go to one of these big Northeastern cities, it's

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<v Speaker 1>often it's you know, yes, some parts of New York City, Yes,

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<v Speaker 1>have large usually Dominican populations. It's different kinds of Latin

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<v Speaker 1>American immigrants. It's not you know, the Northeast is pretty

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<v Speaker 1>far away from Mexico. It's not as many actual Mexican

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<v Speaker 1>or Central American you know, immigrants who are coming up

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<v Speaker 1>through our southern border. There just aren't that many of them.

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<v Speaker 1>They're not as understanding, they don't understand as well the

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<v Speaker 1>day to day realities of illegal immigration and its consequences

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<v Speaker 1>as we see it here in the San Joaquin Valley,

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<v Speaker 1>or people see it in Texas or Arizona or New Mexico.

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<v Speaker 2>But their bleeding hearts still go out.

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<v Speaker 1>To all those people picking the vegetables in our fields.

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<v Speaker 2>But why do we accept that.

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<v Speaker 1>Step back for a second, here's the Democratic Party, the

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<v Speaker 1>party allegedly of labor, of the working man. You know

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<v Speaker 1>that there's this repeated line that farm workers, you know,

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<v Speaker 1>they're doing the jobs Americans won't do. Why won't they

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<v Speaker 1>do it? It's not that we haven't had other kinds

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<v Speaker 1>of heavy industry in this country.

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<v Speaker 2>We did. We had heavy industry in this country of

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<v Speaker 2>various kinds, various kinds of construction work that Americans.

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<v Speaker 1>Did basically, I mean, I mean, look at Detroit, look

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<v Speaker 1>at the entire auto industry was built on men from

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<v Speaker 1>America working really hard making cars. Why did farm labor

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<v Speaker 1>wind up being the way it is that it's dominated

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<v Speaker 1>by people either or on worker visas from Mexico or

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<v Speaker 1>people who are here on questionably legal status. Why is

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<v Speaker 1>it dominated by that? Well, in many ways, it's financially

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<v Speaker 1>advantageous to have workers not from America rather than from America.

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<v Speaker 1>And it's not because workers from Latin America work harder.

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<v Speaker 1>The advantages come from their tenuous legal status on a

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<v Speaker 1>visa and or the fact that they are illegal all right.

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<v Speaker 1>If you're a factory, if you're working the line at

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<v Speaker 1>Ford or GM in Detroit, and your boss treats you

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<v Speaker 1>like crap ely and eventually this did happen, you unionize, okay,

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<v Speaker 1>you unionize. A whole political party organizes itself around your right.

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<v Speaker 1>Because you're a citizen, and because you're a voter, a

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<v Speaker 1>whole political party organizes around your right to unionize.

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<v Speaker 2>You're a citizen, you're a voter.

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<v Speaker 1>And by the way, if you want to quit your

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<v Speaker 1>job at Ford and go work for GM, you're totally

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<v Speaker 1>free to do that. If you want to quit your

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<v Speaker 1>job at Ford and go work for anyone else, you're

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<v Speaker 1>free to do that. When you're in America just on

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<v Speaker 1>a visa of some sort, some kind of work visa,

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<v Speaker 1>you have to still be working to keep that visa going,

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<v Speaker 1>all right. The H one B visa debate, what was

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<v Speaker 1>a classic example of this. The H one B visa

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<v Speaker 1>is a visa that's basically given to people for certain

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<v Speaker 1>kinds of like technical work. It seems that a lot

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<v Speaker 1>of this is happening, bringing engineers over from India on

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<v Speaker 1>H one visas. Guess what company like doing that because

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<v Speaker 1>they can get away with paying them less and they

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<v Speaker 1>don't complain. What Well, if you're an H one B

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<v Speaker 1>visa holder and you complain and you get fired, your

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<v Speaker 1>rear end is going right back to India because the

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<v Speaker 1>whole point of your visa you maintain your visa as

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<v Speaker 1>long as you maintain your work. So employers are able

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<v Speaker 1>to treat you worse, pay you less, give you worse

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<v Speaker 1>working conditions, treat you like crap. Generally, if they do

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<v Speaker 1>that to an American citizen, what can happen? Well, One,

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<v Speaker 1>the American citizen can just quit and go find another job.

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<v Speaker 1>That they always have that option. You know nothing, you

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<v Speaker 1>know other than you know they need income. But they

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<v Speaker 1>can just quit. They can just go get another job. Two,

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<v Speaker 1>the American citizen can say, hey, uh, if you're violating

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<v Speaker 1>labor law, I'm gonna sue you. American citizen can say that.

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<v Speaker 1>American citizen can say, Hey, all of us here working

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<v Speaker 1>for this company, none of us are being treated very fairly.

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<v Speaker 1>We don't have great bargaining power. Why don't we unionize?

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<v Speaker 1>American citizen workers can do that. American citizen workers can

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<v Speaker 1>alert their congressmen. American citizen workers can alert their state

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<v Speaker 1>assembly member their state Senator, American citizen workers have actual

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<v Speaker 1>rights and employers have to treat them well. You know,

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<v Speaker 1>liberals always complain about farm laborers, how they're poorly treated,

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<v Speaker 1>and you know what, if I'm being honest, I think

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<v Speaker 1>there have been, at various times, various places, various ways,

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<v Speaker 1>total legit concerns. Farm labors work, in many cases bone

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<v Speaker 1>breaking hours, under very difficult conditions, under you know, et cetera,

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<v Speaker 1>et cetera, et cetera. Sometimes they're mistreated. There's plenty of

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<v Speaker 1>historical examples of that. Why did the farm labor industry

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<v Speaker 1>get so dominated that way? Well, if you're in the country,

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<v Speaker 1>has a farm labor on some kind of work visa,

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<v Speaker 1>and you're working some job at some farm where there's

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<v Speaker 1>bad conditions, they're not giving you off water breaks, they're

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<v Speaker 1>not doing blah blah blah blah blah, are you gonna complain?

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<v Speaker 1>You're only there with that work visa. Your only reason

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<v Speaker 1>for being in America is to work. Are you gonna

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<v Speaker 1>complain and risk losing this job? You might you're in

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<v Speaker 1>the country not legally, either you came across illegally or

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<v Speaker 1>you overstayed your visa.

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<v Speaker 2>Are you going to.

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<v Speaker 1>Bring attention to yourself. Are you gonna get all the

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<v Speaker 1>other workers at the farm together to unionize and join

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<v Speaker 1>UfW when half of you, or whatever significant percentage of

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<v Speaker 1>you maybe don't want to rock the boat given your

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<v Speaker 1>tenuous legal status.

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<v Speaker 2>So, on a.

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<v Speaker 1>Micro level, I think a liberal like that liberal episcopal

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<v Speaker 1>bishop in Washington wagging her finger at Donald Trump, be

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<v Speaker 1>merciful to the people picking our vegetables. Why are you

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<v Speaker 1>okay with a permanent subclass, permanent legal subclass, and I'm

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<v Speaker 1>talking both both in certain cases, legal immigrants here on

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<v Speaker 1>work visas and illegal immigrants. Why are you okay with

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<v Speaker 1>a permanent racial nationality subclass of people with fewer working

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<v Speaker 1>rights than actual American citizens being the ones who pick

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<v Speaker 1>your vegetables, make the beds in your hotels, do your

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<v Speaker 1>janitorial work, clean your toilets, et cetera, et cetera. When

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<v Speaker 1>the only people you're benefiting are big corporations, big corporate

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<v Speaker 1>entities who want to make a lot of money and

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<v Speaker 1>would like to pay their workers less, pay their workers less,

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<v Speaker 1>have them work under worse conditions, et cetera, et cetera,

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<v Speaker 1>et cetera. There's no real reason why the farm labor

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<v Speaker 1>industry in America couldn't have developed in the way that

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<v Speaker 1>the autoworker industry developed, with American citizens unionized, working under

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<v Speaker 1>good conditions, getting good pay, making careers out of it. Obviously,

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<v Speaker 1>Yet there are probably certain conditions that are different that that,

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<v Speaker 1>you know, the seasonal nature of the work, et cetera,

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<v Speaker 1>et cetera. I understand that the seasonal nature of the work,

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<v Speaker 1>the fact that crews of workers tend to go from

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<v Speaker 1>different places from one part of CALEI need to the

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<v Speaker 1>next part of California.

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<v Speaker 2>But I still would contend there are certain kinds of

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<v Speaker 2>historical accidents that allow the farm labor industry to develop

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<v Speaker 2>in a way that was very different from the say,

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<v Speaker 2>the auto industry. Clearly, immigrant labor.

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<v Speaker 1>Benefits big time corporations because they can get away with

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<v Speaker 1>paying them less. And this is the bizarre sort of

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<v Speaker 1>horseshoe that on the one hand you have these liberal,

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<v Speaker 1>pro unrestricted labor folks who don't believe in borders and

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<v Speaker 1>have these insane sort of ethno nationality ideas about, you know,

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<v Speaker 1>wanting America to have lescent national sovereignty. On the one hand,

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<v Speaker 1>these ultra lefty people on the other hand, in this

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<v Speaker 1>sort of horseshoe politics. You have a lot of the

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<v Speaker 1>people who support unchecked immigration are people on the libertarian

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<v Speaker 1>extreme right, who, you know what they want.

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<v Speaker 2>They want cheap labor. They want cheap labor, cheap ununionized labor.

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<v Speaker 1>That's not going to complain, that's not going to demand

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<v Speaker 1>better wages, it's not going to demand better conditions. Are

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<v Speaker 1>you really doing something great for the world? You know,

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<v Speaker 1>I understand your micro concern for the suffering of this

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<v Speaker 1>individual group here, but why are we just okay with

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<v Speaker 1>this whole setup of a permanent subclass working for us

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<v Speaker 1>when we return I want to talk about.

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<v Speaker 2>Some historical examples of this.

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<v Speaker 1>That's next on the John d'ardy show, a historical example

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<v Speaker 1>of all this with regards to illegal immigration and the

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<v Speaker 1>compassion we should be feeling for the illegal immigration situation.

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<v Speaker 2>Basically, what I'm saying is the.

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<v Speaker 1>Status quo of having a permanent underclass of immigrant workers

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<v Speaker 1>who necessarily have fewer rights than Americans would. It's inherently

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<v Speaker 1>just helpful to corporations to allow them to pay them worse,

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<v Speaker 1>give them worse working conditions, and it's a huge disincentive

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<v Speaker 1>to them unionizing. There's no, I mean, I don't see

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<v Speaker 1>any super clear reason why farm labor, for example, or

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<v Speaker 1>hotel workers or this or that, why so many of

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<v Speaker 1>these industries that are currently dominated by illegal labor, why

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<v Speaker 1>so many of these industries couldn't be done by American citizens,

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<v Speaker 1>other than it's advantageous to employers to have a bunch

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<v Speaker 1>of workers who are here either as immigrants not with

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<v Speaker 1>full citizenship status, or here illegally. If you're you know,

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<v Speaker 1>if you're here on work visa, you got to work.

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<v Speaker 1>You got to keep a job. So if you cause,

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<v Speaker 1>if you you know, act up at work and your

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<v Speaker 1>employer fires you, your reason for being in the country

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<v Speaker 1>ceases to be and you lose your visa and you

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<v Speaker 1>get your rear end shipps home.

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<v Speaker 2>So you shut up.

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<v Speaker 1>You shut up in a way that American citizens wouldn't

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<v Speaker 1>the American citizens wouldn't tolerate. If you're paid poorly, you

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<v Speaker 1>don't have the flexibility just as well, I'll just leave

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<v Speaker 1>and go to a job that pays me better. And

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<v Speaker 1>the whole thing, honestly kind of reminds me of the

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<v Speaker 1>Helots and the Spartans, So Sparta in kind of like

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<v Speaker 1>sixth fifth century b see ancient Sparta is kind of

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<v Speaker 1>heralded in older you know, history and classics textbooks as

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<v Speaker 1>like these great heroic warrior culture. And then they were

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<v Speaker 1>in the movie three hundred. It's the movie three hundred,

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<v Speaker 1>which is sort of a dramatization of Herodotus's account of

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<v Speaker 1>the Spartans and their defeat of the Persians, well sort

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<v Speaker 1>of their peric the persians peric victory against the Spartans

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<v Speaker 1>at the Battle of Thermopyli. The Battle of Thermopyla was

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<v Speaker 1>this sort of amazing moment where just a group of

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<v Speaker 1>three hundred Spartans held off for an enormous length of

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<v Speaker 1>time at this point called Thermopyli, which means the hotgates,

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<v Speaker 1>an enormous army of Persians who were coming to basically

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<v Speaker 1>take over all of Greece, and this group of three

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<v Speaker 1>hundred Spartans just killed tons and tons and tons of Persians.

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<v Speaker 1>And so the sort of manly virtues of the Spartans

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<v Speaker 1>have been sort of talked about and written about and

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<v Speaker 1>heralded by you know, Herodotus, certainly in other Greek historians

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<v Speaker 1>for you know, over to millennia and what a you know,

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<v Speaker 1>they're sort of militaristic culture that Sparta had, where every

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<v Speaker 1>male citizen was basically a soldier and from a young

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<v Speaker 1>age was raised in a sort of military setting.

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<v Speaker 2>Well.

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<v Speaker 1>Spartan society was also, in various ways, as were many

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<v Speaker 1>many societies in the ancient world, fundamentally unjust in various ways.

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<v Speaker 1>Their slavery was very common practice in the ancient world,

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<v Speaker 1>but the particular kind of slavery that was practiced in

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<v Speaker 1>Sparta was particularly bizarre and kind of gross kind.

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<v Speaker 2>There was a nearby town to Sparta called Messenia that

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<v Speaker 2>the Spartans had conquered and it was part of their

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<v Speaker 2>sort of regional territory, and the people of Messenia were

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<v Speaker 2>made into this permanent slave subclass called helots, and the

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<v Speaker 2>Spartans treated them horrifically. In some cases they're writing about,

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<v Speaker 2>part of a young Spartan male's training involved, you know,

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<v Speaker 2>going out and killing helots, just sort of almost indiscriminately.

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<v Speaker 2>Helots were subjugated by the Spartans for forever.

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<v Speaker 1>And this idea of having this permanent underclass whose job

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<v Speaker 1>is to do the jobs that Spartans won't, to do

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<v Speaker 1>the jobs that Americans won't do.

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<v Speaker 2>It's fundamentally unjust.

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<v Speaker 1>And I can understand the small picture concern of I

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<v Speaker 1>want to help this immigrant right here, right now, but

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<v Speaker 1>I think to restore a more broadly just system is

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<v Speaker 1>going to require cutting off the border now and maybe

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<v Speaker 1>deporting lots of people who shouldn't be here in the

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<v Speaker 1>first place. When we return government by executive order. That's

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<v Speaker 1>next on the John Girardi Show. The first week, I

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<v Speaker 1>guess what are we at? Nine days now, Day ten

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<v Speaker 1>of Trump administration has been dominated by executive orders.

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<v Speaker 2>Executive orders seems to be the.

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<v Speaker 1>Preferred main method of governance that we have in this country,

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<v Speaker 1>and I want to talk about it.

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<v Speaker 2>I want to talk about it as a phenomenon.

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<v Speaker 1>We're seeing this massive uptick in executive actions and greater

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<v Speaker 1>creativity on the part of executives of the executive branch

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<v Speaker 1>to get stuff done, greater pushing of the envelope for

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<v Speaker 1>what is within the competency of the executive branch, to

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<v Speaker 1>the point of within twenty four hours, both Donald Trump

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<v Speaker 1>and Joe Biden tried to make significant changes to constitutional

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<v Speaker 1>law itself via executive action via tweet in Joe Biden's case,

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<v Speaker 1>with Joe Biden declaring that the Equal Rights Amendment had

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<v Speaker 1>been In his opinion, I think it's part of the Constitution.

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<v Speaker 1>I think it should be recognized as the twenty eighth

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<v Speaker 1>Amendment of the United States. A preposterous legal or a

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<v Speaker 1>preposterous thing for him to say, like, you know, a

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<v Speaker 1>day before he's leaving office, and not like ordering that

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<v Speaker 1>it be so recognized, not ordering the Justice Department that

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<v Speaker 1>we are going to treat the ERA as the twenty

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<v Speaker 1>eighth Amendment in the context of all litigation efforts, and

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<v Speaker 1>I'm ordering the National Archives to publish it, and blah

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<v Speaker 1>blah blah blah.

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<v Speaker 2>No, he didn't do any of that. He just sort of.

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<v Speaker 1>Said, it's my opinion that the ERA is part of

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<v Speaker 1>the twenty eighth Amendment, basically meaningless. Subsequently, though I believe

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<v Speaker 1>that this was a Day one executive order, Donald Trump

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<v Speaker 1>said that the fourteenth Amendment does not guarantee birthright citizenship,

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<v Speaker 1>that just because you happen to be born on American

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<v Speaker 1>soil does not automatically make you an American citizen, particularly

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<v Speaker 1>if you were born here the parent to illegal migrant parents,

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<v Speaker 1>unlawful migrant parents, so illegal immigrant parents, whatever terminology you

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<v Speaker 1>want to use, and that's a pretty ambitious thing for

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<v Speaker 1>Trump to do. I mean, in the best case scenario

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<v Speaker 1>that executive action by Trump. Say what you will about

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<v Speaker 1>whether it is wise or not wise as a policy. Frankly,

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<v Speaker 1>I think as a policy matter, I think it's ridiculous

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<v Speaker 1>that we just that we would say that someone breaks

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<v Speaker 1>our laws coming to be in the country and just

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<v Speaker 1>has a baby here, and that that baby is therefore

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<v Speaker 1>automatically an American citizen.

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<v Speaker 3>No.

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<v Speaker 1>I think that's a terrible policy idea. It's a perverse

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<v Speaker 1>incentive to and frankly, could be a dangerous incentive to

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<v Speaker 1>get extremely pregnant women to do extremely dangerous things to

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<v Speaker 1>cross into the country to have a baby for the

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<v Speaker 1>obvious immigration benefits that would accrue from having a son

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<v Speaker 1>or a daughter who's an American citizen. I think it's

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<v Speaker 1>a wildly terrible from a policy perspective. Now, it's a

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<v Speaker 1>separate question of is that actually what the Fourteenth Amendment guarantees?

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<v Speaker 1>The Fourteenth Amendment says, all persons born or naturalized in

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<v Speaker 1>the United States, and subject to the jurisdiction thereof, are

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<v Speaker 1>American citizens. What does that subject to the jurisdiction thereof mean? Okay,

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<v Speaker 1>We've always interpreted that to mean that, well, the children

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<v Speaker 1>of diplomats living in America. So if you're the French

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<v Speaker 1>ambassador and.

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<v Speaker 3>You you're if you're a woman or your wife a woman,

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<v Speaker 3>if you have a baby in America and you're the

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<v Speaker 3>French diplomat, you you're the French ambassador, and you're living

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<v Speaker 3>in Washington, d C.

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<v Speaker 1>And you and your wife have a baby in Washington,

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<v Speaker 1>d C. Well, that baby's not an American citizen. That

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<v Speaker 1>baby's a French subject. And the rationale being well, ambassadors

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<v Speaker 1>are not subject to the jurisdiction of the United States.

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<v Speaker 2>Okay.

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<v Speaker 1>The French embassy is a little island of France in

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<v Speaker 1>the midst of Washington, d C. Subject not to American

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<v Speaker 1>law but to French law. The French ambassadors have immunity.

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<v Speaker 2>Okay.

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<v Speaker 1>The best that the United States can do is demand

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<v Speaker 1>if an ambassador or someone in the diplomatic staff, if

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<v Speaker 1>they violate American laws, the best we can do is

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<v Speaker 1>demand that France take them back, get them out of

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<v Speaker 1>the French embassy, and take them back to France and

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<v Speaker 1>have them be punished there. But we can't prosecute they're

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<v Speaker 1>not subject to American law.

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<v Speaker 2>So what about an.

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<v Speaker 1>Illegal alien coming into the United States. Well, that's a

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<v Speaker 1>very complicated and difficult question. What is subject to the

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<v Speaker 1>jurisdiction thereof If you're an illegal alien who's in the

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<v Speaker 1>United States, I mean, you're subject to our criminal law jurisdiction,

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<v Speaker 1>but you're not really supposed to be there in the

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<v Speaker 1>first place. You're supposed to just be a Mexican citizen

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<v Speaker 1>who is not subject to our laws, and you're supposed

421
00:29:36.000 --> 00:29:39.039
<v Speaker 1>to be in Mexico or Nicaragua or El Salvador, wherever

422
00:29:40.319 --> 00:29:43.839
<v Speaker 1>you came in illegally. We didn't accept having jurisdiction over you,

423
00:29:44.720 --> 00:29:48.000
<v Speaker 1>but we do have some jurisdiction, criminal law jurisdiction, et cetera.

424
00:29:48.839 --> 00:29:52.799
<v Speaker 1>So President Trump is now President Trump's interpretation of the

425
00:29:52.839 --> 00:29:55.759
<v Speaker 1>Fourteenth Amendment, though we're talking about executive action here, President

426
00:29:55.799 --> 00:29:58.359
<v Speaker 1>Trump's interpretation of the fourteenth Amendment. There, while I think

427
00:29:58.400 --> 00:30:02.920
<v Speaker 1>it's a viable one, certainly in a very difficult, complicated

428
00:30:02.960 --> 00:30:10.319
<v Speaker 1>legal question, his executive order is challenging directly a couple

429
00:30:10.400 --> 00:30:13.559
<v Speaker 1>of Supreme Court precedents that don't agree with him. Okay,

430
00:30:13.759 --> 00:30:17.279
<v Speaker 1>they're Supreme Court presidents on the books, that is what

431
00:30:17.359 --> 00:30:20.119
<v Speaker 1>we have relied on to say that, yeah, an illegal

432
00:30:20.160 --> 00:30:22.920
<v Speaker 1>alien who has a baby in the United States is

433
00:30:22.920 --> 00:30:26.839
<v Speaker 1>an American citizen. So Trump, via his executive orders is

434
00:30:26.880 --> 00:30:31.480
<v Speaker 1>doing something pretty darn ambitious. He's challenging an existing Supreme

435
00:30:31.519 --> 00:30:36.960
<v Speaker 1>Court president. There might also be normal statutes on the

436
00:30:37.000 --> 00:30:42.519
<v Speaker 1>books that Trump's executive order could be violating. Okay, so

437
00:30:43.039 --> 00:30:47.000
<v Speaker 1>this is an ambitious move by Trump. If you wanted

438
00:30:47.079 --> 00:30:52.680
<v Speaker 1>to be more, you know, more flame throwery about it,

439
00:30:53.279 --> 00:30:56.440
<v Speaker 1>you could say it's lawless that he's ignoring statutes on

440
00:30:56.480 --> 00:31:00.200
<v Speaker 1>the books that regardless of what the Constitution should be

441
00:31:00.200 --> 00:31:02.640
<v Speaker 1>interpreted as, meaning, we have statutes on the books that say,

442
00:31:04.160 --> 00:31:07.599
<v Speaker 1>you know, people born even of legal alien parents, are

443
00:31:07.680 --> 00:31:12.799
<v Speaker 1>citizens of the United States. A president via executive action

444
00:31:13.000 --> 00:31:19.279
<v Speaker 1>cannot contradict a law passed by Congress. Sign passed by Congress.

445
00:31:20.440 --> 00:31:22.720
<v Speaker 1>A president can't do that via executive order. The whole

446
00:31:22.759 --> 00:31:26.480
<v Speaker 1>idea of an executive order is that within the framework

447
00:31:26.799 --> 00:31:30.519
<v Speaker 1>of a law passed by Congress, a president has a

448
00:31:30.519 --> 00:31:34.400
<v Speaker 1>certain field of action or inaction that he can pursue

449
00:31:34.519 --> 00:31:39.440
<v Speaker 1>in enforcing that law. But he can't contradict laws via

450
00:31:39.480 --> 00:31:43.559
<v Speaker 1>an executive order. If you want to contradict a law

451
00:31:43.559 --> 00:31:47.400
<v Speaker 1>that's on the books, you need to get another law passed, Okay,

452
00:31:47.400 --> 00:31:48.880
<v Speaker 1>you need Congress to change.

453
00:31:48.640 --> 00:31:49.960
<v Speaker 2>Its mind on something.

454
00:31:54.599 --> 00:31:56.720
<v Speaker 1>And so much of the Trump agenda so far that's

455
00:31:56.720 --> 00:32:01.960
<v Speaker 1>been implemented has all been implemented through executive orders, far reaching, sweeping,

456
00:32:02.599 --> 00:32:08.079
<v Speaker 1>big executive orders to affect big time change.

457
00:32:08.240 --> 00:32:14.599
<v Speaker 2>Now, why is this? Two things. One is that the

458
00:32:14.640 --> 00:32:17.640
<v Speaker 2>executive branch has grown tremendously.

459
00:32:18.440 --> 00:32:23.480
<v Speaker 1>Over the last The size, the power, the scope of

460
00:32:23.559 --> 00:32:26.519
<v Speaker 1>government in general, and therefore of the executive branch has

461
00:32:26.559 --> 00:32:32.400
<v Speaker 1>grown tremendously. Since nineteen thirty seven, the notion of what

462
00:32:32.559 --> 00:32:37.319
<v Speaker 1>kinds of things Congress could regulate as being interstate commerce

463
00:32:38.559 --> 00:32:43.240
<v Speaker 1>expanded enormously. And so Congress has set up all these

464
00:32:44.039 --> 00:32:46.119
<v Speaker 1>Congress passes, all these laws. We're going to regulate this,

465
00:32:46.160 --> 00:32:47.839
<v Speaker 1>and we're going to regulate that. We're going to regulate this,

466
00:32:47.880 --> 00:32:50.880
<v Speaker 1>and we're going to regulate that. And who is supposed

467
00:32:50.920 --> 00:32:55.599
<v Speaker 1>to enforce laws that Congress writes, well, the President does.

468
00:32:55.680 --> 00:32:58.960
<v Speaker 1>The President is the executive, that's his role. Congress rights

469
00:32:59.000 --> 00:33:02.400
<v Speaker 1>all these laws. Congress has had this vast field since

470
00:33:02.440 --> 00:33:06.519
<v Speaker 1>the New Deal, this vastly larger field of activity that

471
00:33:06.559 --> 00:33:10.839
<v Speaker 1>it can write laws for and regulate, and therefore has

472
00:33:10.880 --> 00:33:14.920
<v Speaker 1>given far more ground for the executive to cover as

473
00:33:14.960 --> 00:33:18.519
<v Speaker 1>far as enforcing LAWND To allow the executive to enforce

474
00:33:18.559 --> 00:33:23.200
<v Speaker 1>all these laws, Congress created this vast alphabet soup of

475
00:33:23.359 --> 00:33:27.160
<v Speaker 1>executive branch agencies, the FDA, the EPA, the this that

476
00:33:28.200 --> 00:33:33.400
<v Speaker 1>all of those executive branch agencies have the President at

477
00:33:33.400 --> 00:33:36.839
<v Speaker 1>the tippy top of their org chart. He is in

478
00:33:36.960 --> 00:33:40.920
<v Speaker 1>charge of every single federal executive branch. They are all

479
00:33:42.079 --> 00:33:50.200
<v Speaker 1>exercising his executive branch authority. So, for one, you've got

480
00:33:50.839 --> 00:33:55.200
<v Speaker 1>just over the course of the last hundred years, this

481
00:33:55.839 --> 00:34:02.000
<v Speaker 1>enormous expanse of public life and law ohaw, that the

482
00:34:02.039 --> 00:34:05.400
<v Speaker 1>executive branch is supposed to enforce and therefore so much

483
00:34:05.480 --> 00:34:08.119
<v Speaker 1>room for activity on the part of the president. The

484
00:34:08.159 --> 00:34:10.639
<v Speaker 1>other big reason I think this is the legacy of

485
00:34:10.679 --> 00:34:16.599
<v Speaker 1>Barack Obama. You don't like expansive executive power being wielded

486
00:34:16.639 --> 00:34:21.079
<v Speaker 1>in questionable ways. You don't like governance by executive order.

487
00:34:22.440 --> 00:34:31.760
<v Speaker 1>I'd blame Obama. Barack Obama in after twenty fourteen, his

488
00:34:31.840 --> 00:34:36.480
<v Speaker 1>party lost the House, his party lost the Senate, and

489
00:34:36.719 --> 00:34:39.760
<v Speaker 1>Barack Obama had been trying to get immigration reform of

490
00:34:39.840 --> 00:34:42.599
<v Speaker 1>various kinds of pass for years. Republicans wouldn't play ball.

491
00:34:43.400 --> 00:34:46.360
<v Speaker 1>He wanted to get the dreamers legalized. He should have

492
00:34:46.400 --> 00:34:48.000
<v Speaker 1>done this in his first two years in office.

493
00:34:48.039 --> 00:34:48.480
<v Speaker 2>He didn't.

494
00:34:48.639 --> 00:34:51.599
<v Speaker 1>When he had massive Democrat majorities in both houses of Congress,

495
00:34:51.599 --> 00:34:54.199
<v Speaker 1>he didn't get it done. And so famously, after the

496
00:34:54.199 --> 00:34:56.760
<v Speaker 1>twenty fourteen elections, Obama said, well, I've got a pen

497
00:34:57.119 --> 00:34:59.760
<v Speaker 1>and I've got a phone, and I'm just going to

498
00:34:59.840 --> 00:35:02.159
<v Speaker 1>do by executive orders. And the most significant thing he

499
00:35:02.199 --> 00:35:07.400
<v Speaker 1>did was DACA DACA, which was basically trying to do

500
00:35:07.440 --> 00:35:10.639
<v Speaker 1>through an executive action what he couldn't do in passing

501
00:35:10.679 --> 00:35:18.760
<v Speaker 1>the Dream Act. So the Dream Act was basically, someone

502
00:35:18.800 --> 00:35:22.800
<v Speaker 1>comes into the country unlawfully, but they're brought there as

503
00:35:22.840 --> 00:35:26.159
<v Speaker 1>a child, and they've been living in the country since

504
00:35:26.199 --> 00:35:29.400
<v Speaker 1>they came into the country illegally as a kid. You know,

505
00:35:29.480 --> 00:35:31.480
<v Speaker 1>if they came in as a kid, we can sort

506
00:35:31.519 --> 00:35:33.840
<v Speaker 1>of consider it. Well, they they weren't the ones who

507
00:35:33.880 --> 00:35:35.760
<v Speaker 1>came in. It's not their fault. They came into the

508
00:35:35.760 --> 00:35:40.639
<v Speaker 1>country unlawfully. Their parents brought them here, so maybe we

509
00:35:40.679 --> 00:35:45.920
<v Speaker 1>give them some path to legal residency. Barack Obama just

510
00:35:46.000 --> 00:35:50.920
<v Speaker 1>did it via executive order Deferred Action on Childhood Arrivals DACA,

511
00:35:52.599 --> 00:35:55.239
<v Speaker 1>and basically tried to argue, well, you know, I have

512
00:35:57.880 --> 00:36:04.840
<v Speaker 1>I have executive discretion, I have prosecutorial discretion. I don't

513
00:36:04.840 --> 00:36:06.599
<v Speaker 1>have to enforce all the laws all the time. I'm

514
00:36:06.639 --> 00:36:11.920
<v Speaker 1>just choosing not to enforce any I'm just choosing not

515
00:36:12.119 --> 00:36:15.960
<v Speaker 1>to enforce American immigration law as it relates to this

516
00:36:16.079 --> 00:36:17.920
<v Speaker 1>group of people. But he also set up like basically

517
00:36:17.960 --> 00:36:20.599
<v Speaker 1>a whole program for it. It wasn't just him not

518
00:36:21.199 --> 00:36:23.679
<v Speaker 1>enforcing certain provisions of the law. There are very good

519
00:36:23.719 --> 00:36:31.079
<v Speaker 1>arguments that he positively did things. So here's this incredibly

520
00:36:31.079 --> 00:36:34.239
<v Speaker 1>ambitious executive action by Barack Obama, and it held up

521
00:36:34.280 --> 00:36:36.760
<v Speaker 1>in the courts. The courts didn't demand that it he

522
00:36:36.800 --> 00:36:39.239
<v Speaker 1>got rid of even the Supreme Court under President Trump.

523
00:36:39.280 --> 00:36:40.800
<v Speaker 1>When Trump tried to get rid of it, the Supreme

524
00:36:40.800 --> 00:36:43.880
<v Speaker 1>Court said, well, yeah, you legally could, but you didn't

525
00:36:43.880 --> 00:36:47.880
<v Speaker 1>follow the administer the Administrative Procedures Act in doing it,

526
00:36:47.920 --> 00:36:49.159
<v Speaker 1>so you got to start over again.

527
00:36:49.360 --> 00:36:50.920
<v Speaker 2>DACA is still on the books.

528
00:36:51.840 --> 00:36:55.360
<v Speaker 1>You know, about a decade later, when it was highly

529
00:36:55.480 --> 00:36:57.960
<v Speaker 1>questionable whether Obama legally had the authority to do it,

530
00:36:59.440 --> 00:37:01.760
<v Speaker 1>and by I can certainly learned that Lesson Biden tried

531
00:37:01.800 --> 00:37:05.719
<v Speaker 1>to keep forgiving student loan debt via executive order when

532
00:37:05.800 --> 00:37:07.599
<v Speaker 1>it was pretty clear he didn't have the authority to

533
00:37:07.599 --> 00:37:10.360
<v Speaker 1>do it. And President Trump's basically saying, well, what's good

534
00:37:10.400 --> 00:37:13.239
<v Speaker 1>for the goose is good for the gander. I'm gonna

535
00:37:13.280 --> 00:37:16.639
<v Speaker 1>do stuff via executive order if that's the game we're

536
00:37:16.639 --> 00:37:20.440
<v Speaker 1>gonna play when we return. My global thought on RFK

537
00:37:21.119 --> 00:37:26.119
<v Speaker 1>next on the John Girardi Show RFK Juniors having his

538
00:37:27.039 --> 00:37:30.719
<v Speaker 1>congressional hearings today. Here's just my general thought. There are

539
00:37:30.719 --> 00:37:34.400
<v Speaker 1>all these trumpy people say, if you don't support OURFK,

540
00:37:34.719 --> 00:37:38.920
<v Speaker 1>you're a monster. I'm just a radio host, so I'm

541
00:37:38.960 --> 00:37:43.920
<v Speaker 1>not gonna lose my job. I can agree with you

542
00:37:43.920 --> 00:37:47.679
<v Speaker 1>all you want that we've had bad food additives.

543
00:37:48.639 --> 00:37:50.599
<v Speaker 2>Over the last you know, fifty years in America. Whatever,

544
00:37:50.639 --> 00:37:51.960
<v Speaker 2>I will agree with you all you want.

545
00:37:52.039 --> 00:37:55.760
<v Speaker 1>That pharmaceutical companies are bad in various ways. I can

546
00:37:55.800 --> 00:37:57.079
<v Speaker 1>agree with you all you if you want to get

547
00:37:57.159 --> 00:38:00.239
<v Speaker 1>rid of pharmaceutical companies advertising, you want to, you know,

548
00:38:00.280 --> 00:38:02.559
<v Speaker 1>a greater scrutiny of the pharmaceutical industry, the ways in

549
00:38:02.599 --> 00:38:06.719
<v Speaker 1>which regulatory captures happen, where pharmaceutical companies have captured government regulators.

550
00:38:06.719 --> 00:38:11.280
<v Speaker 1>All right, fine, I just don't want someone extremely pro

551
00:38:11.360 --> 00:38:13.119
<v Speaker 1>abortion in charge of HHS.

552
00:38:14.480 --> 00:38:17.000
<v Speaker 2>And that's it. That's my whole thought on RFK, See

553
00:38:17.000 --> 00:38:18.039
<v Speaker 2>you next time on Power Talk
