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<v Speaker 1>I try to be honest on this show, and if

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<v Speaker 1>I'm being honest, the topic that's really dominating my mind

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<v Speaker 1>at the moment is the question of immigration, the tensions

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<v Speaker 1>about this subject between the Trump administration and the Catholic bishops,

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<v Speaker 1>as well as the recent intervention into this discussion by

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<v Speaker 1>Pope Francis. Now, I don't go on this show and

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<v Speaker 1>I don't blast the Pope. I don't criticize the Pope.

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<v Speaker 1>This is I think this stems from my own Catholicism.

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<v Speaker 1>I hate it when Catholics sort of treat the Pope

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<v Speaker 1>as just another kind of political talking head whom you

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<v Speaker 1>can call a moron at your pleasure. He's not. I

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<v Speaker 1>think he's deeper, thinker than that. I think he's a

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<v Speaker 1>better person than that. And I basically I kind of

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<v Speaker 1>view the question of, you know, criticism of the Pope

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<v Speaker 1>along the lines that I would if my own father

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<v Speaker 1>were doing something that I didn't like or I didn't

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<v Speaker 1>disagree with, How would I talk about it? If my

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<v Speaker 1>father were a prominent figure in public life and we're

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<v Speaker 1>doing something I disagreed with, I would probably ninety nine

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<v Speaker 1>percent of the time maintain a respectful silence. And if

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<v Speaker 1>I were pressed into talking about it, I would, you know,

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<v Speaker 1>do so with love and affection and respect, because I

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<v Speaker 1>love my father and I have that kind of an

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<v Speaker 1>attitude towards the Pope, as I think the early Christian

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<v Speaker 1>community would have had towards the apostles towards Peter. I'm

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<v Speaker 1>also not really anyone in a position of authority. Paul,

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<v Speaker 1>an apostle, was able to engage in fraternal correction to

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<v Speaker 1>Peter when Peter was sort of being kind of hypocritical

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<v Speaker 1>in his treatment between some of the more some aspects

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<v Speaker 1>of the early Christian community that wanted to maintain Jewish

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<v Speaker 1>customs and other aspects of the Christian community as represented

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<v Speaker 1>by Paul and Peter. Really that we're saying, no, Christianity

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<v Speaker 1>is open to the gentiles. We don't need to insist

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<v Speaker 1>on following the We do not need to insist on

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<v Speaker 1>following old law customs, kosher rules for food, et cetera.

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<v Speaker 1>So Paul was able to critique Peter. But I'm not Paul.

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<v Speaker 1>I'm not an apostle, I'm not bishop, I'm not a priest.

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<v Speaker 1>I'm a guy yapping on the radio, and I'm not

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<v Speaker 1>even necessarily someone with you know, I am a lawyer,

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<v Speaker 1>so I think I have some basis for discussing the

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<v Speaker 1>immigration question a little bit, and I want to sort

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<v Speaker 1>of talk about the tensions within Catholic teaching on this.

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<v Speaker 1>So Pope Francis issued just yesterday this letter to the

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<v Speaker 1>Bishops of the United States talking about the immigration question,

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<v Speaker 1>where it seemed as if he was directly responding to

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<v Speaker 1>Jade Vance. Jady Vance had mentioned this idea called the

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<v Speaker 1>Ordo amorris, the notion that there is a certain ordering

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<v Speaker 1>of love, of care and concern that everyone is supposed

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<v Speaker 1>to have. That this is just sort of obvious, natural

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<v Speaker 1>common sense, but also as a principle within Christianity that

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<v Speaker 1>you have certain kinds of obligations of care and duty

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<v Speaker 1>to the people closest to you. To care for someone

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<v Speaker 1>in need in your immediate sphere is a more urgent,

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<v Speaker 1>pressing obligation to you than caring for someone who is

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<v Speaker 1>half a world away. You know, I'm going to put

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<v Speaker 1>food on the table and clothing on the backs of

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<v Speaker 1>my own children before I do that for someone else's children.

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<v Speaker 1>If I neglect and my own children for the sake

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<v Speaker 1>of someone else's children, that would not be good and JD.

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<v Speaker 1>Vance is just basically making the point that we've I

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<v Speaker 1>think the broader point that Vance has been making that

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<v Speaker 1>I think has been missed by some of his more

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<v Speaker 1>liberal Catholic interlocutors, and that frankly, you know, the Pope

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<v Speaker 1>did not mention Vance by name, but he certainly didn't

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<v Speaker 1>mention this topic, and it's obviously a reaction to Vance.

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<v Speaker 1>I think the point Vance is making is that American

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<v Speaker 1>immigration policy has been so solicitous to welcome people from

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<v Speaker 1>other countries that it has resulted in detrimental outcomes for

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<v Speaker 1>our own citizenry. We have been so eager to let

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<v Speaker 1>in immigrants from other countries, whom, by the way major

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<v Speaker 1>capitalist big business can mistreat in the labor market. Okay,

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<v Speaker 1>why do we want Why do all these big companies

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<v Speaker 1>want a bunch of H one B visa holders to

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<v Speaker 1>come to America from India to work, you know, to

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<v Speaker 1>work engineering jobs. It's not out of an altruistic desire

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<v Speaker 1>to lift up the world's benighted masses, you know, and

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<v Speaker 1>bring in you know, wonderful people from India to do

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<v Speaker 1>this work. Part of it in many, many companies is

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<v Speaker 1>you can get away with paying an h one B

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<v Speaker 1>VISA holder less money, treating them worse because an H

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<v Speaker 1>one bvs A holder, it's almost like this indentured servitude.

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<v Speaker 1>If they lose their job, their rear end is going

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<v Speaker 1>back to India. So rather than hire an American engineer

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<v Speaker 1>who's an American citizen, who if you treat him badly,

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<v Speaker 1>if you don't pay him well enough, he can say, well,

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<v Speaker 1>screw this, I'm gonna go. I'm gonna go get another job.

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<v Speaker 1>If you mistreat them, you know, I'm an American worker

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<v Speaker 1>could maybe say, hey, you're violating labor law, you're not

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<v Speaker 1>paying me what you owe, or you're violating overtime rules,

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<v Speaker 1>or you're you know, discriminating against me on the basis

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<v Speaker 1>of you know, exra y category. No worry about that

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<v Speaker 1>with H one bvs A holders. Why have Americans picking

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<v Speaker 1>your crops when you can have someone from Mexico, someone

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<v Speaker 1>from Mexico who is more leary about unionizing because maybe

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<v Speaker 1>they're only here on a green card maybe or well

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<v Speaker 1>green card is implies permanent status, but you know, maybe

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<v Speaker 1>they're only here on a work visa temporarily as long

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<v Speaker 1>as they have a job and they don't want to

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<v Speaker 1>lose a job. Maybe they've overstayed their visa, so they're

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<v Speaker 1>in a dicey situation. They don't want to lift their

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<v Speaker 1>nose above the water and give someone an occasion to

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<v Speaker 1>call ice or call it immigration authorities to ship them back.

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<v Speaker 1>I think there's this fundamental problem with American immigration policy,

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<v Speaker 1>that this fundamental injustice that's being perpetrated, that that people

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<v Speaker 1>on the bleeding heart left don't seem to want to

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<v Speaker 1>acknowledge that the reason why people like tons and tons

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<v Speaker 1>of illegal immigration and even in some cases a wildly

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<v Speaker 1>over expansive legal imageation market, is not out of an

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<v Speaker 1>altruistic desire to keep and care for the world's oppressed masses,

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<v Speaker 1>or even like you know, I think there is some

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<v Speaker 1>obligation that wealthy countries have to take in immigrants, to

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<v Speaker 1>allow people to migrate relative with relative freedom as long

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<v Speaker 1>as people follow legal processes, and the United States is

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<v Speaker 1>incredibly generous as far as it's immigration policies. There are

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<v Speaker 1>other countries that just say a total pause, we're allowing

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<v Speaker 1>in no new legal immigrants. In the United States never

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<v Speaker 1>does that. We are constantly allowing in hundreds of thousands

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<v Speaker 1>of legal immigrants every year. It's just that there's a process,

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<v Speaker 1>and I think a lot of illegal immigration is motivated

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<v Speaker 1>not it's not just a sense of how could you

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<v Speaker 1>be so harsh and draconian in, you know, enforcing American

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<v Speaker 1>immigration law to stop illegal immigration. This is so harmful,

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<v Speaker 1>This is so mean to the people who came here.

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<v Speaker 1>Why do you think they're here in the first place.

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<v Speaker 1>Why do you think you have so many of these

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<v Speaker 1>entities wanting them to come here, to overstay their visas,

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<v Speaker 1>to be here on a you know, a tenuous either

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<v Speaker 1>legal but only if you have a job or illegal basis.

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<v Speaker 1>It benefits big time businesses, that's whom it's benefiting, and

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<v Speaker 1>it is to the detriment of American workers. I see

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<v Speaker 1>no reason why other than proximity to Mexico, the California

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<v Speaker 1>agriculture industry came to be dominated by just immigrant, by

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<v Speaker 1>mostly ununionized immigrant labor. Other you know, the UfW tries

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<v Speaker 1>and the UfW is really a shadow of is really

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<v Speaker 1>not a very significant force anymore. It's not like most

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<v Speaker 1>I don't think most farm workers are members of UfW.

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<v Speaker 1>Why it developed like that rather than the automobile industry.

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<v Speaker 1>It's not like guys who were working the line at

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<v Speaker 1>Ford were not working hard. It's not like that isn't

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<v Speaker 1>a physically taxing job. But why did the American automotive

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<v Speaker 1>industry develop that way and not I don't know California

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<v Speaker 1>agg industry. Now that there's a seasonal nature to agricultural jobs.

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<v Speaker 1>I get it that maybe it makes it hard to

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<v Speaker 1>sort of build a house and settle down in one spot,

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<v Speaker 1>but and should certainly there are a lot of other

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<v Speaker 1>contingent factors. But this sort of vaguely racially, this vaguely

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<v Speaker 1>racist idea that only Mexicans are able to pick to

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<v Speaker 1>do the backbreaking labor of picking vegetables is I think ridiculous.

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<v Speaker 1>There are plenty of examples of Americans who did backbreaking

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<v Speaker 1>physical labor. Who do backbreaking physical labor. You know, why

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<v Speaker 1>are coal miners all Americans? Why are you know these

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<v Speaker 1>are hard jobs that Americans do. It developed that way

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<v Speaker 1>in California because California is close to Mexico, and it

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<v Speaker 1>is clearly financially advantageous in certain respects to have non

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<v Speaker 1>citizens people here quasi legally, people here illegally. So I

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<v Speaker 1>think none of that is being discussed, and I guess

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<v Speaker 1>it's a little bit. It's a little unrealistic to expect

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<v Speaker 1>Pope Francis, of all people, to be able to even

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<v Speaker 1>get in the weeds of that. He is an Argentinian

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<v Speaker 1>priest bishop who in Rome now, who is getting his

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<v Speaker 1>information about the American immigration situation from the most liberal

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<v Speaker 1>bishops in the United States. Pretty much. Of course, he's

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<v Speaker 1>not going to give a very two sided presentation to

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<v Speaker 1>the debate. Now. He reiterates Catholic teaching on the subject, which,

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<v Speaker 1>if you look at Catholic teaching on the subject, I

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<v Speaker 1>think can result in a variety of different approaches Legitimately

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<v Speaker 1>between disagreeing people to the immigration debate. I think there's

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<v Speaker 1>a lot of room for reasonable people of goodwill within

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<v Speaker 1>the Catholic Church to disagree on the parameters of immigration enforcement.

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<v Speaker 1>I think the bishops have been in America, and by

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<v Speaker 1>the way, both bishops, not just bishops who are very liberal.

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<v Speaker 1>I had I had Bishop Joseph Brennan, the Bishop of Fresno,

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<v Speaker 1>on this show. I can assure you all there is

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<v Speaker 1>nobody more socially conservative you're ever going to meet in

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<v Speaker 1>your life than Bishop Brennan. All Right, he is a

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<v Speaker 1>die hard pro lifer. He is you know he's for

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<v Speaker 1>one thing, He's also just been a very dear friend

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<v Speaker 1>to me, a very faithful Catholic, and not like a

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<v Speaker 1>total He isn't like this caricature of the modern day

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<v Speaker 1>left pro immigration, you know, racial fraudster who thinks that

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<v Speaker 1>any immigration enforcement whatsoever is just tantamount to racism and

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<v Speaker 1>responds to any argument about immigration by saying, well, America

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<v Speaker 1>is a country of immigrants. No, He's like, yes, I

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<v Speaker 1>really think we should deport anyone who's in this I

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<v Speaker 1>think deportations are okay. I think anyone who's committed a

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<v Speaker 1>crime needs to be deported. I think Bishop Brennan has

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<v Speaker 1>legitimate concerns about the fairness of people who were allowed

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<v Speaker 1>to stay in the United States for long periods of time,

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<v Speaker 1>who were allowed to stay for such a long time

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<v Speaker 1>that they set down roots, now all of a sudden,

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<v Speaker 1>all being deported because guess what, probably a lot of

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<v Speaker 1>his parishioners in the Sanawaquin Valley are like that, And

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<v Speaker 1>now a lot of those people are scared. They are worried,

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<v Speaker 1>they're concerned. They've made a life here, they're not sure

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<v Speaker 1>what they would go back to in Mexico or wherever.

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<v Speaker 1>He has concern for those people, and unfrankly, I do too.

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<v Speaker 1>I think that there is this fundamental unfairness that's resulted

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<v Speaker 1>in American immigration law as a result of non enforcement

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<v Speaker 1>of immigration law that happened for the past four years.

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<v Speaker 1>And I think that's what frustrates me, is that the

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<v Speaker 1>people from whom Pope Francis is getting all of his

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<v Speaker 1>information about the American immigration scene are some of these

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<v Speaker 1>most liberal bishops I think, who didn't raise a peep

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<v Speaker 1>about the problems that President Biden had been creating at

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<v Speaker 1>the border, exacerbation of the problems with people making phony

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<v Speaker 1>asylum claims, which has been I think the chief I

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<v Speaker 1>think that, more than anything has been the chief problem

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<v Speaker 1>at the border during the Biden years, the fact that

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<v Speaker 1>we have an asylum system in America. The asylum system,

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<v Speaker 1>it's not supposed to be a shortcut to immigration. It's

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<v Speaker 1>supposed to be you're in a bad, exigent circumstance in

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<v Speaker 1>you're you're putting a raft together made out of old

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<v Speaker 1>tires to float from Cuba to Miami because Castro is

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<v Speaker 1>gonna murder your family. You don't have time to or

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<v Speaker 1>the ability maybe to, you know, apply for a work

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<v Speaker 1>visa in the United States. You lash a raft together,

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<v Speaker 1>you float from Cuba to Miami Beach. You've come ashore,

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<v Speaker 1>you get picked up by immigration authorities and you say, hey,

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<v Speaker 1>I know I didn't come here the normal legal way.

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<v Speaker 1>I am seeking asylum. Castro is gonna kill me. Can

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<v Speaker 1>I come to the United States and we have a

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<v Speaker 1>system for that. Instead, what we've got are people marching

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<v Speaker 1>all the way up through Central America, through Mexico, through

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<v Speaker 1>safe parts of Central America, safe parts of Mexico, to say, ah,

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<v Speaker 1>I need asylum, when really what they're moving for is

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<v Speaker 1>an economic opportunity. Which that's fine, but you shouldn't be

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<v Speaker 1>using the asylum system to effectively cut the line. So

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<v Speaker 1>what do we do with these people? The Biden administration said, ah,

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<v Speaker 1>let them come in, and so we have wave and

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<v Speaker 1>wave and wave and wave of people where the Biden

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<v Speaker 1>Administration's like, ah, we're just not going to catch people

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<v Speaker 1>sneaking across the border illegally. We're not. We're gonna let

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<v Speaker 1>people in while we sit around and say we're going

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<v Speaker 1>to adjudicate their asylum claim, give them a court date

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<v Speaker 1>three years from now, that they're never going to show

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<v Speaker 1>up for and so now we just have all these

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<v Speaker 1>people in the country. But basically, this on again, off

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<v Speaker 1>again situation of American immigration enforcement I do think is

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<v Speaker 1>unjust for a lot of people who wound up staying

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<v Speaker 1>here on the basis of American presidents saying yeah, you

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<v Speaker 1>can stay. So when we return, I want to just

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<v Speaker 1>talk about maybe some dynamics about Pope Francis and things

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<v Speaker 1>like that, just to try to give some context for

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<v Speaker 1>the whole thing that is next on the John Girardi Show.

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<v Speaker 1>I'm discussing the recent letter that Pope Francis sent to

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<v Speaker 1>the bishops of the United States with regards to immigration,

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<v Speaker 1>and I want to talk about this just to give

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<v Speaker 1>some context for people. I think the perception of probably

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<v Speaker 1>most power talk listeners is Pope Francis is a left

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<v Speaker 1>wing lunatic and he hates Donald Trump. It may be

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<v Speaker 1>that he doesn't like Donald Trump. I wouldn't call him

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<v Speaker 1>a left wing lunatic. I think he has been very

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<v Speaker 1>concerned about immigration questions in many contexts worldwide, that that

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<v Speaker 1>is clearly something that really animates him. I wouldn't say

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<v Speaker 1>that he is unconcerned about social conservative questions. He's been

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<v Speaker 1>very few people in the world have been more anti

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<v Speaker 1>trans than Pope Francis, who, in spite of various whining

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<v Speaker 1>wringing their hands Catholic lefties said absolutely not. Nope, the

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<v Speaker 1>catholicarick absolutely posed it and actually helped develop Catholic teaching

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<v Speaker 1>over the course of his pontificate with regards to these

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<v Speaker 1>emerging trends and emerging issues with regards to transgenderism, all

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<v Speaker 1>in ways that are completely excellent and good. So I

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<v Speaker 1>want to give him credit where it is due. He's

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<v Speaker 1>unfailingly pro life, has reiterated, honestly with far harsher language

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<v Speaker 1>than I've ever used his opposition to abortion in context

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<v Speaker 1>after context. I will also, though, note this, with regards

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<v Speaker 1>to this most recent interaction, I would be willing to

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<v Speaker 1>bet a large sum of money that Pope Francis didn't

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<v Speaker 1>write a word of it. That maybe he signed it,

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<v Speaker 1>but he didn't write it. Pope Francis is eighty eight

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<v Speaker 1>years old. I don't need to tell any American about

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<v Speaker 1>you know, when someone's getting into their late eighties, you know,

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<v Speaker 1>it's kind of a difficult thing to expect them to

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<v Speaker 1>be operating at a super high level. We just saw

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<v Speaker 1>this with a guy who was our president who was

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<v Speaker 1>clearly senile the whole time. And I'm not saying Pope

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<v Speaker 1>Francis is senile. I don't think he is. I think

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<v Speaker 1>he's actually still fairly I think he's still probably pretty

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<v Speaker 1>darn mentally sharp. But you don't have the same fastball

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<v Speaker 1>at eighty eight. I don't care how mentally sharp you are,

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<v Speaker 1>you don't have the same fastball at eighty eight. I

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<v Speaker 1>think that's why Pope Benedict the sixteenth resigned the papacy.

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<v Speaker 1>Some of you may remember this, that Pope Benedict in

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<v Speaker 1>twenty thirteen resigned. Was the first pope in like five

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<v Speaker 1>hundred whatever, how many years, I forget how many centuries

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<v Speaker 1>was the first pope to voluntarily resign his office. And

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<v Speaker 1>I think he did so because he saw what had

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<v Speaker 1>happened under John Paul the Second. John Paul the Second,

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<v Speaker 1>I think had a very strong sense of his duty

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<v Speaker 1>and obligation to serve the church. And in spite of

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<v Speaker 1>the fact that he had Parkinson's disease and was suffering

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<v Speaker 1>very badly and was exhausted by the efforts of the papacy,

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<v Speaker 1>he said, no, I'm going to carry this cross like

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<v Speaker 1>Jesus did, and that's it. I'm not going to resign.

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<v Speaker 1>And I think Pope Benedict was saw that and saw

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<v Speaker 1>obviously he very so deeply admired John Paul the Second,

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<v Speaker 1>but I think he also realized maybe that's not the

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<v Speaker 1>best thing for the church to have a pontiff who's

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<v Speaker 1>well into his eighties, who cannot be as on top

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<v Speaker 1>of things as a younger man. And you know, popes

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<v Speaker 1>are living longer than they used to. Okay, in the

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<v Speaker 1>fifteen hundreds, if a pope dropped dead at age sixty eight,

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<v Speaker 1>no one was surprised. Popes are living to be they

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<v Speaker 1>have really good health care. They can live to be ninety.

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<v Speaker 1>And paup Francis only has one lung. He had some

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<v Speaker 1>kind of lung disease when he was young and had

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<v Speaker 1>one of his lungs removed. The fact that he's got

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<v Speaker 1>bronchitis right now. So again, I'm not saying Pop Francis

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<v Speaker 1>doesn't know what he signing, but I will say he

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<v Speaker 1>is reliant on other people. And I think I don't

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<v Speaker 1>know if there's some kind of a anti American bias

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<v Speaker 1>that's just present among Europeans and South Americans of which

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<v Speaker 1>he's kind of both. And I think he just sort

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<v Speaker 1>of has this. You know, he actually said this in

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<v Speaker 1>a press conference he had on an airplane recently when

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<v Speaker 1>he was asked about Kamala Harris and Donald Trump, and

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<v Speaker 1>he said, one of them wants to kill all the babies,

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<v Speaker 1>and one of them wants to get rid of all

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<v Speaker 1>the migrants. And that's it's sort of just his viewpoint

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<v Speaker 1>on things that he thinks abortion is bad and he

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<v Speaker 1>thinks he has a vague sense that American conservative's position

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<v Speaker 1>on immigration is bad. But he doesn't have the level

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<v Speaker 1>of sort of nitty gritty detail understanding of it, I

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<v Speaker 1>would guess. And you know, maybe I'm being as umptuous.

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<v Speaker 1>Maybe he does. Maybe I'm just wrong. I just don't

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<v Speaker 1>think he has the level of nitty gritty detailed understanding

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<v Speaker 1>of like, hey, do you realize how President Biden, like

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<v Speaker 1>royally screwed everything up, completely screwed up the asylum system

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<v Speaker 1>and people cutting the line via the asylum system, letting

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<v Speaker 1>them come into the country unchecked, everyone's miensing their court dates,

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<v Speaker 1>people overstaying whatever kind of parole Biden gave it. Blah

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<v Speaker 1>blah blah blah, blah blah, bah blah blah, the long

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<v Speaker 1>term economic harms to American the American working class that's

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<v Speaker 1>resulted from immigration, the benefits to capitalist enterprise to from

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<v Speaker 1>illegal immigration that people just pay their workers less, on

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<v Speaker 1>and on and on, the sort of in depth America

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<v Speaker 1>specific details about the immigration question that I just I

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<v Speaker 1>think it would be unreasonable to expect him to fully understand.

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<v Speaker 1>And I think he's got a lot of advisers around

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<v Speaker 1>him who want him to talk about want him to

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<v Speaker 1>push him to talk about this, who seemingly didn't push

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<v Speaker 1>him to talk about things like abortion or whatever. So

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<v Speaker 1>at the end of the day, that's my thoughts. I

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<v Speaker 1>respect the Pope, I love the Pope. I'm never gonna

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<v Speaker 1>blast him on this show. I want to treat him

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<v Speaker 1>the way I would my own father. I hope that's

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<v Speaker 1>what I've done. When we return. Is jd Vance initiating

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<v Speaker 1>a constitutional crisis of ignoring the court? Next? On the

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<v Speaker 1>John Gerardi Show. Jd Vance the other day had a

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<v Speaker 1>fairly simple statement that's been blown way out of proportion

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<v Speaker 1>into literally people calling it a constitutional crisis. I mean,

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<v Speaker 1>I guess it's not much of a surprise to anyone

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<v Speaker 1>given the level of lunacy and historyonics that people were

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<v Speaker 1>into during the first Trump administration, where everything Trump did

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<v Speaker 1>was the end of the world, that we you know,

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<v Speaker 1>get more of the same in the second Trump administration.

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<v Speaker 1>But and it's especially comical to see the American Bar Association.

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<v Speaker 1>So for those who don't know, the American Bar Association

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<v Speaker 1>is a joke. It is completely dominated by its actual

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<v Speaker 1>you know, leadership is dominated by left wingers, and they

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<v Speaker 1>are are now at this point where they're totally fine

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<v Speaker 1>with accepting even the most wildly left wing, outlandish liberal

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<v Speaker 1>legal ideas and theories humanly possible that that would just

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<v Speaker 1>get laughed out of an actual, real life, real world courtroom.

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<v Speaker 1>Stuff that's like too liberal for the actual Biden doj

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<v Speaker 1>The American Bar Association was cheering the notion just a

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<v Speaker 1>few weeks ago that Joe Biden could create a constitutional

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<v Speaker 1>amendment to the United States could declare something to be

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<v Speaker 1>a constitutional amendment to the US Constitution, an amendment to

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<v Speaker 1>the US Constitution via tweet. When Biden declared an think

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<v Speaker 1>they equal rights amendment is part of the Constitution, It's like, yeah, well, there,

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<v Speaker 1>it is part of the Constitution now. Spite of the

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<v Speaker 1>fact that it you know, didn't get another states to

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<v Speaker 1>ratify it within the specified time frame, and a bunch

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<v Speaker 1>of states de ratified after initially ratifying it, and blah

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<v Speaker 1>blah blah blah blah. So the American Bar Association's ridiculous.

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<v Speaker 1>But they issued this big statement just earlier that the

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<v Speaker 1>Trump administration this unprecedented attacks on the law because he's

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<v Speaker 1>firing a bunch of government employees and because of this

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<v Speaker 1>statement by JD. Vance. So what advanced say? Vance said, quote,

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<v Speaker 1>judges aren't allowed to control the executive's legitimate power. Now

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<v Speaker 1>people took that to mean the president is going to

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<v Speaker 1>ignore the courts, and frankly, this is a you know,

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<v Speaker 1>I think a lot of people like to think of

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<v Speaker 1>our constitution as this sort of perfect, sort of fail safe,

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<v Speaker 1>perfect mechanism with no holes, no lacune, no sort of gaps.

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<v Speaker 1>As far as well, what would happen if this happened?

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<v Speaker 1>And this has actually been kind of a long standing thing.

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<v Speaker 1>The checks and balances that exist within our constitutional order

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<v Speaker 1>as we have it today is Congress rights the laws.

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<v Speaker 1>The president executes the laws. The president can only execute

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<v Speaker 1>those laws that Congress writes. The president has some ability

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<v Speaker 1>to use some level of executive discretion about how exactly

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<v Speaker 1>he's going to enforce the law within the parameters of

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<v Speaker 1>what Congress has written. So Congress has some ability to

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<v Speaker 1>check the ability. Congress has the ability to check the

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<v Speaker 1>power of the executive by delineating the area of its activity.

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<v Speaker 1>You will enforce the law. This is the law you

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<v Speaker 1>will enforce. You must stay within these parameters. You go

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<v Speaker 1>outside these parameters, you're outside the law. And the judiciary

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<v Speaker 1>has this sort of power to check everyone by in

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<v Speaker 1>an individual case or controversy, declaring that a certain law

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<v Speaker 1>violates the Constitution. The problem is, how does the judiciary

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<v Speaker 1>enforce its decisions. Well, it really only does so through

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<v Speaker 1>the good graces of the executive branch of government. And

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<v Speaker 1>this has led at different times in American history to

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<v Speaker 1>these kind of little mini constitutional crises. Andrew Jackson famously

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<v Speaker 1>ignored a Supreme Court ruling. He said, the Court can

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<v Speaker 1>issue its decisions, let them enforce it. And the thought

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<v Speaker 1>is that basically we have followed this pattern that the

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<v Speaker 1>Supreme Court has the last say about what is and

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<v Speaker 1>is not consistent with federal law or consistent with the Constitution,

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<v Speaker 1>and the executive follows it. That has been the most

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<v Speaker 1>majorum the way of our ancestors. That has been the

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<v Speaker 1>custom that has been kept, an important custom, long standing custom,

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<v Speaker 1>but effectively it's only in place with the goodwill of

417
00:29:32.599 --> 00:29:36.119
<v Speaker 1>the executive And there have been times when the executive

418
00:29:37.400 --> 00:29:41.039
<v Speaker 1>has or would tell the Supreme Court to go shove it.

419
00:29:42.720 --> 00:29:49.240
<v Speaker 1>If the Supreme Court were to intervene and say, in wartime,

420
00:29:49.359 --> 00:29:58.039
<v Speaker 1>the president cannot move the first Infantry battalion from this

421
00:29:58.400 --> 00:30:05.039
<v Speaker 1>area to that area through an emergency court ruling prompted

422
00:30:05.079 --> 00:30:10.000
<v Speaker 1>by a soldier filing a lawsuit or something. Clearly that

423
00:30:10.039 --> 00:30:13.759
<v Speaker 1>would be a wrongful infringement on the authority of the president.

424
00:30:13.839 --> 00:30:15.960
<v Speaker 1>The president is the commander in chief of the military.

425
00:30:16.680 --> 00:30:21.480
<v Speaker 1>He is solely given that responsibility by the Constitution, and

426
00:30:21.519 --> 00:30:26.039
<v Speaker 1>if the Supreme Court were to purport to venture into

427
00:30:26.079 --> 00:30:29.759
<v Speaker 1>that territory, the President would be I think completely within

428
00:30:29.799 --> 00:30:32.279
<v Speaker 1>his rights to tell the Supreme Court to go shove it.

429
00:30:35.559 --> 00:30:41.160
<v Speaker 1>And I don't know if we are quite there, but boy,

430
00:30:41.240 --> 00:30:44.200
<v Speaker 1>I think we're getting close. With some of these lower

431
00:30:44.400 --> 00:30:49.839
<v Speaker 1>court rulings that have been coming out with regards to

432
00:30:50.599 --> 00:30:53.400
<v Speaker 1>actions by the Trump administration. You had one federal judge

433
00:30:54.480 --> 00:31:01.839
<v Speaker 1>who said basically that Treasury Department positive information he was

434
00:31:01.880 --> 00:31:05.799
<v Speaker 1>trying to block. The effort was to block Elon Musk

435
00:31:05.839 --> 00:31:08.759
<v Speaker 1>and the DOGE guys from accessing certain kinds of Treasury

436
00:31:09.079 --> 00:31:15.319
<v Speaker 1>Department information. And the ruling from this one Federal District

437
00:31:15.359 --> 00:31:22.200
<v Speaker 1>court judge was to limit all political appointees in the

438
00:31:22.200 --> 00:31:27.720
<v Speaker 1>Treasury Department from seeing this information, from accessing this information,

439
00:31:27.839 --> 00:31:31.519
<v Speaker 1>all of them. That includes like the Secretary of the

440
00:31:31.599 --> 00:31:39.279
<v Speaker 1>Treasury not being able to see Treasury Department stuff. How

441
00:31:39.400 --> 00:31:44.079
<v Speaker 1>is that not a wild infringement by the courts on

442
00:31:44.200 --> 00:31:50.559
<v Speaker 1>the clear prerogatives of the executive branch. And by the way,

443
00:31:50.640 --> 00:31:57.599
<v Speaker 1>liberals have cheered the fact that the judiciary shouldn't infringe

444
00:31:57.599 --> 00:32:06.200
<v Speaker 1>on executive prerogatives. In twenty twenty two, a case Biden b. Texas.

445
00:32:06.839 --> 00:32:11.559
<v Speaker 1>This was a case where President Biden had gotten rid

446
00:32:11.640 --> 00:32:16.400
<v Speaker 1>of the Trump Remain in Mexico policy. Basically, American lawses

447
00:32:16.440 --> 00:32:19.319
<v Speaker 1>win an asylum seeker comes to the United States, they

448
00:32:19.359 --> 00:32:22.599
<v Speaker 1>are to be detained. Well, we don't have enough cells

449
00:32:22.680 --> 00:32:26.519
<v Speaker 1>to detain people. So the policy enacted by President Trump was, look,

450
00:32:26.720 --> 00:32:30.119
<v Speaker 1>you got to remain in Mexico while we adjudicate your

451
00:32:30.680 --> 00:32:35.839
<v Speaker 1>asylum claim. And this led to fewer flimsy, fraudulent asylum claims.

452
00:32:36.160 --> 00:32:38.440
<v Speaker 1>President Biden changed it. He said, Oh, we're going to

453
00:32:38.519 --> 00:32:42.440
<v Speaker 1>let you into the country while you wait for your

454
00:32:42.440 --> 00:32:45.119
<v Speaker 1>asylum claim. And so people just go into the country

455
00:32:45.160 --> 00:32:48.480
<v Speaker 1>their asylum There are way too many asylum seekers, not

456
00:32:48.559 --> 00:32:52.920
<v Speaker 1>nearly enough immigration judges and lawyers. Their court date for

457
00:32:53.160 --> 00:32:56.240
<v Speaker 1>judicating their asylum claim wasn't for several years, and then

458
00:32:56.279 --> 00:32:58.119
<v Speaker 1>we just let these people into the country. They're in

459
00:32:58.160 --> 00:32:59.920
<v Speaker 1>the country, and they're never shown up for that court.

460
00:33:01.559 --> 00:33:05.920
<v Speaker 1>That has been one of the massive reasons, one of

461
00:33:05.920 --> 00:33:10.200
<v Speaker 1>the massive flaws in the Biden immigration policy was that.

462
00:33:11.880 --> 00:33:13.839
<v Speaker 1>And it got to the point where Biden was using

463
00:33:14.039 --> 00:33:19.319
<v Speaker 1>like the Border Patrol CBP one app or something. I

464
00:33:19.319 --> 00:33:21.400
<v Speaker 1>think that was the app to sort of like make

465
00:33:21.480 --> 00:33:26.519
<v Speaker 1>that process even more quick automatically just giving these people

466
00:33:26.559 --> 00:33:29.640
<v Speaker 1>parole is purporting to give these people some kind of

467
00:33:29.680 --> 00:33:34.759
<v Speaker 1>parole from their necessary legally mandated detainment and just letting

468
00:33:34.799 --> 00:33:36.799
<v Speaker 1>him into the country. So a bunch of states sued

469
00:33:37.519 --> 00:33:43.880
<v Speaker 1>the executive branch to say, hey, you're violating the law.

470
00:33:44.640 --> 00:33:47.359
<v Speaker 1>You're letting all these people in in violation of American

471
00:33:47.400 --> 00:33:50.200
<v Speaker 1>law that says you have to detain these people. Well,

472
00:33:50.279 --> 00:33:53.359
<v Speaker 1>The Supreme Court ruled against the States in twenty twenty

473
00:33:53.359 --> 00:33:56.240
<v Speaker 1>two in a case called Biden v. Texas, and Chief

474
00:33:56.359 --> 00:34:00.559
<v Speaker 1>Justice Roberts wrote Article two of the Constitution author the

475
00:34:00.640 --> 00:34:03.559
<v Speaker 1>executive to engage in direct diplomacy with foreign heads of

476
00:34:03.559 --> 00:34:06.359
<v Speaker 1>state and their ministers. It part of remain in Mexico.

477
00:34:06.400 --> 00:34:10.360
<v Speaker 1>It relies a little bit on Mexico's good graces. Accordingly,

478
00:34:10.480 --> 00:34:12.920
<v Speaker 1>the Court is taken care to avoid the danger of

479
00:34:13.000 --> 00:34:16.239
<v Speaker 1>unwarranted judicial interference in the conduct of foreign policy and

480
00:34:16.280 --> 00:34:19.840
<v Speaker 1>decline to run interference in the delicate field of international

481
00:34:19.880 --> 00:34:24.800
<v Speaker 1>relations without the affirmative intention of the Congress clearly clearly expressed.

482
00:34:25.199 --> 00:34:27.480
<v Speaker 1>That is no less true in the context of immigration law,

483
00:34:27.519 --> 00:34:30.119
<v Speaker 1>where the dynamic nature of relations with other countries. Who

484
00:34:30.159 --> 00:34:32.840
<v Speaker 1>requires the executive branch to ensure that enforcement policies are

485
00:34:32.840 --> 00:34:41.159
<v Speaker 1>consistent with this nation's foreign policy. Now, in that case,

486
00:34:41.320 --> 00:34:43.039
<v Speaker 1>Roberts was saying, well, the judiciary is not going to

487
00:34:43.079 --> 00:34:45.480
<v Speaker 1>tell the president what to do in something that's within

488
00:34:45.559 --> 00:34:54.280
<v Speaker 1>his province foreign relations. So while the Court is from

489
00:34:54.320 --> 00:34:56.400
<v Speaker 1>a peace in National Review by Andy McCarthy, that's kind

490
00:34:56.400 --> 00:34:58.159
<v Speaker 1>of a good summary of this. While the Court can

491
00:34:58.239 --> 00:35:00.960
<v Speaker 1>and should say what it thinks, the law is. We

492
00:35:01.039 --> 00:35:04.599
<v Speaker 1>must always remember that the justices are right because they

493
00:35:04.599 --> 00:35:07.960
<v Speaker 1>are final. They are not final because they are always right.

494
00:35:08.039 --> 00:35:10.000
<v Speaker 1>As is well known, the High Court has in its

495
00:35:10.039 --> 00:35:13.559
<v Speaker 1>history reversed itself on a number of significant matters, often

496
00:35:13.559 --> 00:35:19.199
<v Speaker 1>because prior rulings were egregiously wrong Roe v. Wade, And

497
00:35:19.280 --> 00:35:23.360
<v Speaker 1>the Court has a doctrine storry decisis a major aspect

498
00:35:23.360 --> 00:35:26.519
<v Speaker 1>of which assumes that some decisions are wrong and wrestles

499
00:35:26.519 --> 00:35:30.760
<v Speaker 1>with whether they should be retained. Nonetheless, so I don't

500
00:35:30.800 --> 00:35:34.800
<v Speaker 1>I think that this notion that Vance is saying something revolutionary,

501
00:35:34.840 --> 00:35:38.519
<v Speaker 1>I think is ridiculous. He's not. He's saying there is

502
00:35:38.559 --> 00:35:43.639
<v Speaker 1>a proper role for the executive and the judiciary shouldn't

503
00:35:43.639 --> 00:35:46.960
<v Speaker 1>be overstepping it, and if it, and frankly, I'd love

504
00:35:47.000 --> 00:35:50.639
<v Speaker 1>to see some old Supreme Court cases overturned to establish

505
00:35:50.639 --> 00:35:53.519
<v Speaker 1>the authority of the executive one to fire members of

506
00:35:53.519 --> 00:35:56.320
<v Speaker 1>the executive branch and actually oversee them, which I think

507
00:35:56.360 --> 00:36:01.440
<v Speaker 1>Trump might be setting up here. That's really what is

508
00:36:02.119 --> 00:36:05.360
<v Speaker 1>just that, that's what I hope is accomplished by these

509
00:36:05.400 --> 00:36:08.719
<v Speaker 1>clashes Trump is having with some of these lefty federal judges.

510
00:36:09.000 --> 00:36:13.719
<v Speaker 1>When we return my seasonal effective Disorder aka being sad

511
00:36:14.079 --> 00:36:18.599
<v Speaker 1>that there's no football next on the John Jrwardy Show. Folks,

512
00:36:19.360 --> 00:36:22.400
<v Speaker 1>my problem when we get to the Super Bowl is

513
00:36:22.400 --> 00:36:25.599
<v Speaker 1>that any feeling of excitement I have about the game

514
00:36:26.880 --> 00:36:33.239
<v Speaker 1>gets immediately overshadowed by the looming dread, the dread that

515
00:36:33.599 --> 00:36:40.639
<v Speaker 1>basically there's no football for the next what is it,

516
00:36:40.840 --> 00:36:46.440
<v Speaker 1>five months? No? Seven months? Oh gosh, there's no football

517
00:36:46.519 --> 00:36:55.800
<v Speaker 1>until like late August at best. It's devastating. I'm so

518
00:36:56.360 --> 00:37:00.400
<v Speaker 1>wildly bummed. The Super Bowl was a pretty much a

519
00:37:00.440 --> 00:37:05.960
<v Speaker 1>huge snoozer. I kind of like Kendrick Lamar, but I

520
00:37:06.000 --> 00:37:09.639
<v Speaker 1>recognize that like this is not you know, anyone over

521
00:37:09.639 --> 00:37:11.320
<v Speaker 1>the age of fifty has no idea what's going on.

522
00:37:13.000 --> 00:37:16.840
<v Speaker 1>No aspect of it was particularly entertaining. Of the whole

523
00:37:16.880 --> 00:37:22.239
<v Speaker 1>Super Bowl was particularly entertaining. And now I'm left with

524
00:37:22.400 --> 00:37:26.719
<v Speaker 1>this reality of basically, I'm seven months away from Notre

525
00:37:26.800 --> 00:37:30.679
<v Speaker 1>Dame playing its first game, and I'm sure many of

526
00:37:30.719 --> 00:37:35.199
<v Speaker 1>you are in a similar situation where this stinks. But

527
00:37:35.719 --> 00:37:39.960
<v Speaker 1>what you do have? You have Fresno State basketball, which

528
00:37:40.000 --> 00:37:43.960
<v Speaker 1>is having the worst season in fifty years. You got

529
00:37:44.000 --> 00:37:47.320
<v Speaker 1>Friends of State baseball, though, which is great, and you've

530
00:37:47.360 --> 00:37:51.400
<v Speaker 1>got all president State sports here on iHeartMedia, So catch

531
00:37:51.480 --> 00:37:54.400
<v Speaker 1>that anytime. And hey, even the basketball team, the men's

532
00:37:54.400 --> 00:37:57.119
<v Speaker 1>basketball team, you know, still a fun time going to

533
00:37:57.199 --> 00:37:59.920
<v Speaker 1>the Save Art Center. That will do it for John

534
00:38:00.000 --> 00:38:01.519
<v Speaker 1>already shows see next time on Power Talk
