WEBVTT

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<v Speaker 1>Sport is sponsored by Progressive Insurance. Progressive makes bundling easy

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<v Speaker 1>and save at Progressive dot com. That's Progressive dot com.

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<v Speaker 2>H here's a quick weather today. We're gonna have partly

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<v Speaker 2>cloudy skies around noontime. We have an opportunity for some

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<v Speaker 2>isolated stores and they say to expect downpours. Today's high

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<v Speaker 2>eighty five Ray moves out of a night. It's gotta

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<v Speaker 2>be a little bit muggy sixty seven for a low

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<v Speaker 2>eighty six with dry conditions tomorrow and partly cloudy skies

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<v Speaker 2>be clouds of night sixty seven and partly cloudy Friday

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<v Speaker 2>with the high of eighty eight. Right now seventy degrees.

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<v Speaker 2>Time for a traffic up day. Chuck Ingram from.

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<v Speaker 3>The UCUT Traffics Center. Nearly sixty percent of Americans waiting

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<v Speaker 3>on an organ transplant are from multicultural communities. Give the

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<v Speaker 3>Gift of life, become an organ donor. All rights floor

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<v Speaker 3>a living donation at uc health dot com. Slayers transplant

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<v Speaker 3>crews continue to work with an accident at northbound seventy

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<v Speaker 3>I have and Sharon they're on the right shoulder. Minimal

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<v Speaker 3>delays to get by northbound seventy one. There's an accident

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<v Speaker 3>above Montgomery Road in Keemwood on the right hand side.

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<v Speaker 3>Also cleaning up on four at the eastbound two seventy

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<v Speaker 3>five ramp.

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<v Speaker 4>All clear on eastbound.

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<v Speaker 3>Two seventy five at forty two in Sharonville from an

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<v Speaker 3>earlier accident. It is International clown Week, so maybe you

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<v Speaker 3>can celebrate by dressing up like Saint Boso or your

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<v Speaker 3>favorite Midwestern town mayor maybe even your favorite congressman like

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<v Speaker 3>Chuck Schumer. Or how about an MLB manager like Yankees

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<v Speaker 3>manager Aaron Boone. Well, no, wait, that's not really fair

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<v Speaker 3>because they haven't had their judge. We've got ours, and

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<v Speaker 3>he's coming up next. Chuck Ingram on fifty five krs

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<v Speaker 3>the talk station.

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<v Speaker 2>Hey thirty see this, he gave that a lot of thought.

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<v Speaker 2>Judge ed of Paul.

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<v Speaker 5>Clever, very very clever. If you follow what he's talking about.

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<v Speaker 5>Mentioning me in the same breath as Aaron Judge is

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<v Speaker 5>exhilarating for me.

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<v Speaker 2>Ah pro props to you know. Sometimes yeah, chech Czechsota

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<v Speaker 2>half does it. You know, it's National pretzel Day. So

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<v Speaker 2>here's Judge of Pulatano. Whatever. That was a good one,

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<v Speaker 2>though I'm gonna have to I'm gonna have to go

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<v Speaker 2>over and commend him if I can get him out

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<v Speaker 2>of his his his studio parked in the back in

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<v Speaker 2>the corner there, Judge Ennen of Palitano. It's always a

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<v Speaker 2>real pleasure to have you on the program. And the

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<v Speaker 2>subject matter of your column the runaway Texas Democrats. I'm

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<v Speaker 2>sorry every time I read an article about the Democrats, uh,

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<v Speaker 2>denying the quorum and running away to Illinois or wherever

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<v Speaker 2>they run. I think amNY Python and the Holy Grail

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<v Speaker 2>with the scene with with well a couple of scenes

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<v Speaker 2>where they run away, run away. Not sure if you're

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<v Speaker 2>familiar with the movie, but I can't deny myself the

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<v Speaker 2>opportunity to laugh at that. But your column points out,

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<v Speaker 2>at least legally they're allowed to run away.

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<v Speaker 5>They are, they are in the Congress, and the state

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<v Speaker 5>legislature of Texas can't stop them because the right of

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<v Speaker 5>every person listening to us now, they're right of every

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<v Speaker 5>person anywhere to cross interstate lines unimpeded. And I'm not

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<v Speaker 5>talking about obeying traffic laws. Are paying a toll on

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<v Speaker 5>the George Washington Bridge is a natural, fundamental right. And

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<v Speaker 5>you know, I can't get into the politics of what's

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<v Speaker 5>going on in Texas except that it's going to start

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<v Speaker 5>a firestorm because California is going to do the same

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<v Speaker 5>thing for the Democrats and so on New Jersey. However,

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<v Speaker 5>these people have the right to leave the state, and

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<v Speaker 5>the Governor of Texas, frustrated though he is, cannot have

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<v Speaker 5>them arrested.

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<v Speaker 2>Now, you see, I mean it's complicated issue for me.

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<v Speaker 2>I guess there was one component that would sort of

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<v Speaker 2>criminalize their behavior if they got paid to leave, which

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<v Speaker 2>is a different element than just them walking out to

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<v Speaker 2>deprive the quorum.

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<v Speaker 5>But there may be Texas laws against that kind of compensation.

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<v Speaker 5>And the governor has intimated that if someone is paying

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<v Speaker 5>your expenses to leave, or if you've raised funds for

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<v Speaker 5>that purpose under Citizens United, a Supreme Court opinion that

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<v Speaker 5>basically says raising money for politics is the equivalent of

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<v Speaker 5>free speech.

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<v Speaker 4>I think they can do it.

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<v Speaker 5>Can Texas ex post facto declare their behavior to be criminal? No,

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<v Speaker 5>the constitution prohibits that. So what started out as a

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<v Speaker 5>bit of a stunt. Let's find a way to get

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<v Speaker 5>five more Republicans out of Texas, and then morphed into

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<v Speaker 5>deep and profound frustration. Sixty Democrats are leaving their jobs,

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<v Speaker 5>their family, and their responsibility by leaving the state. Now

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<v Speaker 5>becomes a very serious constitutiontional issue.

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<v Speaker 4>And that's why I wrote about this.

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<v Speaker 5>The right to travel is a fundamental liberty. It is

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<v Speaker 5>up there with speech, assembly, religion, self defense, just as

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<v Speaker 5>if it were articulated in the Bill of Rights. That's

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<v Speaker 5>not me, that's the Supreme Court of the United States

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<v Speaker 5>in nineteen sixty nine in this case Shapiro versus Thompson.

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<v Speaker 2>Well, in your column, and I'm glad you did this

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<v Speaker 2>because something that's rarely ever mentioned. Of course, you point

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<v Speaker 2>out that it's rarely, if ever addressed in any case law,

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<v Speaker 2>the Ninth Amendment. And you point out or I recognize

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<v Speaker 2>that Madison couldn't like codify all natural rights that we enjoy,

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<v Speaker 2>because you know, sitting down and sort of you try

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<v Speaker 2>to think of of all the fundamental human rights we

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<v Speaker 2>have would be a difficult chore, and you might leave

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<v Speaker 2>one out and inadvertently not included. Ergo, that wouldn't be

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<v Speaker 2>a fundamental right. But the Ninth Amendment protects all of those,

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<v Speaker 2>and yet it's rarely ever mentioned. Much in the same

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<v Speaker 2>way the Tenth Amendment. I mean, you know, all rights

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<v Speaker 2>not expressly reserved of the federal government reside in the states.

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<v Speaker 2>I think that seems to be a very powerful tool

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<v Speaker 2>for states to fight back against federal government control and

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<v Speaker 2>entering to areas of the law that they have no

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<v Speaker 2>authority of the Constitution to enter into.

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<v Speaker 4>Correct Justice Clarence Thomas.

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<v Speaker 5>Is the excuse me, the current champion of the Tenth

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<v Speaker 5>Amendment on the Supreme Court, and every once in a

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<v Speaker 5>while he has four of his colleagues agree with him,

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<v Speaker 5>and then these things stop the Feds in their tracks.

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<v Speaker 5>So I don't know how this is going to end.

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<v Speaker 5>The last two or three times they did this, they

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<v Speaker 5>got sick and tired of being away from their families

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<v Speaker 5>and away from their jobs. They came home, they fulfilled

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<v Speaker 5>the choir, and the Republicans got what they wanted. The

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<v Speaker 5>same thing may happen again. The big picture is this

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<v Speaker 5>will cause an equal and opposite reaction, and if you

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<v Speaker 5>do the math, the Democrats are likely to benefit more

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<v Speaker 5>from this than the Republicans. Because there are more Republican

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<v Speaker 5>seats in democratic states that could easily be turned into

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<v Speaker 5>Democratic seats by moving the margins.

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<v Speaker 4>Is this moral? Is this fair? Is it constitutional? Well?

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<v Speaker 5>The Supreme Court says it's constitutional unless it's based on race.

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<v Speaker 5>If it's not based on race, it's constitutional.

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<v Speaker 2>The gerrymandering that's going on, you're referring to.

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<v Speaker 5>Correct correct, correct, And because you use the word jerrymandering

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<v Speaker 5>brings us back to Elbridge Jerry and Massachusetts legislator who

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<v Speaker 5>was first had this blamed on him in the era

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<v Speaker 5>of Thomas Jefferson. So this has been going on for

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<v Speaker 5>two hundred and twenty years.

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<v Speaker 2>Well, quite often jerymandering is done specifically in order to

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<v Speaker 2>create race based jurisdictions, you know, protect the communities, or

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<v Speaker 2>you know, incorporate all like for example, black people incorporating

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<v Speaker 2>them all into one general district so that insures.

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<v Speaker 5>They know they'll have a repent senative in Congress, right, right,

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<v Speaker 5>That too can be unconstitutional if it impermissively disfranchises whites.

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<v Speaker 5>So there's really no end to this. The Supreme Court

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<v Speaker 5>hates these cases, most of these race based cases. The

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<v Speaker 5>court is all over the place and hasn't given any

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<v Speaker 5>clear guidance. The best guidance I can articulate is what

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<v Speaker 5>I said a few minutes ago. The legislatures can draw

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<v Speaker 5>the line anyway they want.

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<v Speaker 4>As long as it's not race based.

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<v Speaker 5>There is whether a case involving North Carolina somebody versus

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<v Speaker 5>Charlotte Mecklenberg. I forget the full name of the case,

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<v Speaker 5>where the congressional district was the width of a highway

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<v Speaker 5>because they wanted to connect A to B and they

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<v Speaker 5>have to be contiguous. Yeah, so the contiguity the connection

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<v Speaker 5>was literally a highway on which of course no one

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<v Speaker 5>lived it. Splame court said you can't do that. That

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<v Speaker 5>is not a valid apportion.

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<v Speaker 2>Well, I guess I'm sort of curious to know whether

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<v Speaker 2>this is something that could be addressed so they're allowed

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<v Speaker 2>to redistrict. There's no doubt this is a battle of

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<v Speaker 2>attrition that ultimately the Republicans of Texas will win because

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<v Speaker 2>the Democrats will eventually go home. There will eventually be

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<v Speaker 2>a quorum, as you pointed out. But the crisis that's

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<v Speaker 2>created by this and this whole idea of redistricting and gerrymandering,

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<v Speaker 2>is this something that's worthy of or can be addressed

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<v Speaker 2>by Congress. He said almost, yes.

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<v Speaker 5>Yes, Congress. Well, Congress could prohibit redistricting other than right

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<v Speaker 5>after a census census. In fact, a two conservative Republican

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<v Speaker 5>members of the House their names now escaping. We have

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<v Speaker 5>introduced legislation to prohibit these midterm changes. But in terms

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<v Speaker 5>of how the districts are crafted, Madison left that to

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<v Speaker 5>the states, intentionally left that to the states. This very

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<v Speaker 5>little Congress can do without confronting, as you pointed out

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<v Speaker 5>a few minutes ago, Brian, the tenth Amendment, because this

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<v Speaker 5>issue of who you send to Congress and how you

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<v Speaker 5>send them is expressly reserved, expressly reserved to the states.

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<v Speaker 2>Now for those who are struggling to read through their

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<v Speaker 2>Constitution to find the right to the freedom to travel

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<v Speaker 2>as a fundamental right, it doesn't specifically say that, though,

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<v Speaker 2>does it. That's the ninth Amendment?

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<v Speaker 4>Correct?

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<v Speaker 5>Correct, The ninth Amendment, which is the catch all which

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<v Speaker 5>those of us who believe in the natural law argue,

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<v Speaker 5>was Madison's articulation of natural rights. Rarely has you know

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<v Speaker 5>I wrote a treatise about this called Freedom's Anchor, An

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<v Speaker 5>Introduction to Natural Law in American Constitutional History, and my researchers,

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<v Speaker 5>and I looked at every Supreme Court opinion that expressly

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<v Speaker 5>accepts or actually rejects the principle of natural rights. There's

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<v Speaker 5>very few of them, Brian right, very very few. There

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<v Speaker 5>aren't more than a handful, and most of them are

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<v Speaker 5>pre Civil War. So the concept of natural rights, though

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<v Speaker 5>these rights are natural to every human being, is something

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<v Speaker 5>that the Supreme Court really doesn't.

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<v Speaker 4>Want to touch.

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<v Speaker 5>When they do touch it, they don't call it natural rights.

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<v Speaker 5>And I said to Justice Scalia once, well why are

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<v Speaker 5>you calling this a pre political right rather than a

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<v Speaker 5>natural right?

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<v Speaker 4>Because without natural law stuff, it's too Catholic. It's too Catholic.

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<v Speaker 4>Too Catholic, you go to mass epartunity. How the others

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<v Speaker 4>won't go for it.

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<v Speaker 2>I can't believe a man of his intellectual level could

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<v Speaker 2>even turn to that as being too Catholic. Natural rights,

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<v Speaker 2>those exist for people of all political stripes, even for

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<v Speaker 2>atheists and agnostic folks.

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<v Speaker 4>Right. You know, I was.

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<v Speaker 5>Teaching when I was teaching at Brooklyn Law School, tour

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<v Speaker 5>to of course in jurisprudence, and a young man came

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<v Speaker 5>up to me. He said, Judge, I went to Catholic

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<v Speaker 5>grammar school.

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<v Speaker 4>I went to a Catholic college.

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<v Speaker 5>I heard about natural wall till I'm blue in the face.

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<v Speaker 5>Now I'm out of law school that's primarily Jewish, and

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<v Speaker 5>I have to hear about it again.

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<v Speaker 2>Only in America, Only in America. Oh, we are blessed

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<v Speaker 2>every week here in the greatest Cincinnti area, well actually

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<v Speaker 2>nation wide, since I got people from all different states

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<v Speaker 2>tuning into the program every morning. But we're blessed to

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<v Speaker 2>have you on regardless of where you're listening from Judge

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<v Speaker 2>and Neapolitano every Wednesday at eight thirty here in the

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<v Speaker 2>fifty five carsing Morning Show. Get his column comes out

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<v Speaker 2>tonight at midnight. The runaway Texas Democrats who you got

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<v Speaker 2>me talking to today on judging Thooday.

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<v Speaker 5>I have Scott Ridder at one o'clock today, who's about

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<v Speaker 5>to argue that some of the president's foreign policy moves

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<v Speaker 5>there deeply dangerous, like sending nuclear submarines closer to Russia.

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<v Speaker 5>Max Bloomenthal, who will make the case about the starvation.

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<v Speaker 4>In God and Phil Giraldi?

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<v Speaker 5>What is the intelligence community up to next? Why was

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<v Speaker 5>an mi I six British intel agent arrested by the

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<v Speaker 5>Russians in Ukraine. So this is the stuff we're talking

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<v Speaker 5>about this afternoon.

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<v Speaker 2>Great material and subject matter. We'll be listening to Judging Freedom,

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<v Speaker 2>and of course next Tuesday or next Wednesday with another

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<v Speaker 2>edition here on the fifty five Carsing Morning Show. God

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<v Speaker 2>bless you, your honor, have a great run, and all.

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<v Speaker 5>The best to you and your family, your listeners, and

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<v Speaker 5>to Streker who really puts this show together all the time.

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<v Speaker 4>I see him down there at the bottom of the.

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<v Speaker 2>Screen without Joe the show don't go oh catchphrase we

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<v Speaker 2>got going on here, and I appreciate you recognize him

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<v Speaker 2>because he is a critical element to the fifty five

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<v Speaker 2>care Sing Morning Show. Love you brother.

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<v Speaker 4>We'll talk next week. Have a great forty two.

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<v Speaker 2>Right now, fifty five car see the talk stations stagraund

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<v Speaker 2>We've got more to talk about. Joe's got the phone

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<v Speaker 2>lines open. You feel free to chime in if you

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<v Speaker 2>care too. I'll be right backed fifty five KRC