WEBVTT 1 00:00:00.240 --> 00:00:03.600 But I didn't know John, you were such an Anglo file, 2 00:00:03.799 --> 00:00:04.879 such a monarchys. 3 00:00:05.320 --> 00:00:09.839 Well, whiskey, come and take my pain, the moneys my brain, 4 00:00:10.279 --> 00:00:10.960 Oh whiskey. 5 00:00:11.919 --> 00:00:14.720 Don't why think alone when you can drink it all 6 00:00:14.759 --> 00:00:18.879 in with Ricochet's three Whiskey Happy Hour. Join your bartenders, 7 00:00:19.079 --> 00:00:28.440 Steve Hayward, John You and the international woman of Mystery, Lucretia, where. 8 00:00:28.280 --> 00:00:30.800 They slapped it up and live it? Ain't you busy 9 00:00:30.960 --> 00:00:32.560 on the should tap? 10 00:00:32.719 --> 00:00:37.280 Got agive me and let that whiskey go? As Emily 11 00:00:37.359 --> 00:00:40.679 Lttella might say, what's all this about birthmark citizenship? 12 00:00:41.000 --> 00:00:41.159 Hi? 13 00:00:41.159 --> 00:00:44.759 Everybody, it's the three Happy Hour special double episode for 14 00:00:44.799 --> 00:00:48.359 the July fourth holiday, and we're flipping the script today. 15 00:00:48.719 --> 00:00:51.359 We're gonna do all of our usual nonsense about sports 16 00:00:51.399 --> 00:00:54.159 and with key and other silly stuff at the end, 17 00:00:54.200 --> 00:00:57.560 and we're gonna get right into our subject and to 18 00:00:57.640 --> 00:01:00.479 introduce these subject today, we're further splipping the script and 19 00:01:00.520 --> 00:01:03.799 scrambling things. We're going to let the newspaper of record 20 00:01:03.840 --> 00:01:07.000 in America that are known as the Babylon b introduce 21 00:01:07.079 --> 00:01:10.719 our subjects. And so Lucretia, will you queue up our 22 00:01:10.719 --> 00:01:13.280 first consideration of the end of the Supreme Court term 23 00:01:13.760 --> 00:01:16.760 with a couple of news report from the Babylon B. 24 00:01:17.079 --> 00:01:21.040 I'm gonna go from least good to better. Okay, Supreme 25 00:01:21.079 --> 00:01:24.799 Court rules any baby born at Olive Garden isn't an 26 00:01:24.840 --> 00:01:29.920 Italian citizen. You're not laughing, are you? 27 00:01:30.040 --> 00:01:37.400 John Well? I was right? Keep going? All right? 28 00:01:37.400 --> 00:01:41.319 How about I like this one winning? Trump now rules 29 00:01:41.640 --> 00:01:49.280 entire world as Supreme Court declares everyone is American? Is 30 00:01:49.319 --> 00:01:50.840 that enough for now, Steve? Or do you all? 31 00:01:51.480 --> 00:01:53.280 There's more? There's come on, You've got to get the 32 00:01:53.280 --> 00:01:57.120 one about his investigation and Clarence Thomas right. 33 00:01:58.799 --> 00:01:59.000 Hand. 34 00:01:59.239 --> 00:02:01.120 There's okay, I I know what they are. One was 35 00:02:01.760 --> 00:02:05.560 President Trump orders investigation into who appointed Amy Coney Barrett. 36 00:02:05.879 --> 00:02:08.360 Oh, that wasn't a Babylon B. That was me I 37 00:02:08.479 --> 00:02:08.879 sent you. 38 00:02:09.599 --> 00:02:12.000 Was that it? Okay? And then the other one was 39 00:02:12.919 --> 00:02:17.120 what was it? Trump proposes constitutional amendment to name Clarence 40 00:02:17.120 --> 00:02:20.240 Thomas all nine seats something like that was. 41 00:02:21.439 --> 00:02:26.000 Trump Trump calls for one trillion dollars to clone Clarence Thomas. 42 00:02:27.639 --> 00:02:29.400 They didn't know that was all having to do with 43 00:02:29.439 --> 00:02:31.680 the birthright citizenship case. I thought it was that he 44 00:02:31.759 --> 00:02:34.759 was solid on everything that happened in the last two weeks. 45 00:02:35.199 --> 00:02:39.879 Well total, well there is that, yes, well all right, 46 00:02:40.280 --> 00:02:43.560 let's open it this way. So listeners, we're going to 47 00:02:43.639 --> 00:02:47.439 take up the birthright citizenship case Trump versus Barbara. You 48 00:02:47.439 --> 00:02:49.800 would think Trump against someone named Barbara Trump would be 49 00:02:49.840 --> 00:02:52.879 the easy winner, just because right, but whoever Barbara was. 50 00:02:54.919 --> 00:02:56.919 And then we'll go through some of the other hot 51 00:02:56.960 --> 00:02:59.919 button opinions of the last couple of weeks, as Luke 52 00:03:00.439 --> 00:03:02.879 refers to them. But the birthright citizenship one is the 53 00:03:02.919 --> 00:03:05.879 big one. And you know we've argued about this before, 54 00:03:06.439 --> 00:03:09.400 and rather than going through the arguments about you know, 55 00:03:09.439 --> 00:03:12.439 good idea, bad idea and all the other stuff. I 56 00:03:12.479 --> 00:03:17.039 am struck by the descent from Justice Thomas ninety one pages. 57 00:03:17.960 --> 00:03:19.520 And I still haven't got through the whole thing, but 58 00:03:19.599 --> 00:03:22.319 I think it's a warnburner John. I mean, I don't 59 00:03:22.319 --> 00:03:25.759 know if it's as long as descent ever, but it 60 00:03:25.879 --> 00:03:29.080 sure seems thorough to me. I mean, I'm gathering you've 61 00:03:29.080 --> 00:03:31.159 been through it, John, and what do you make of it? 62 00:03:31.199 --> 00:03:33.879 Are you persuading on any points to rethink your own 63 00:03:34.400 --> 00:03:36.120 pro birthright citizenship position? 64 00:03:37.680 --> 00:03:41.000 No, I don't agree with the Justice on this. I 65 00:03:41.039 --> 00:03:45.960 do find that the case is closer than a lot 66 00:03:45.960 --> 00:03:49.159 of the people in the media suppose because they haven't 67 00:03:49.199 --> 00:03:54.000 read the descent and the majority, because I and Justice 68 00:03:54.000 --> 00:03:59.479 Alito's descent actually, I think also actually illuminates that a 69 00:03:59.520 --> 00:04:02.840 lot of the debate is over what you might call 70 00:04:02.919 --> 00:04:06.199 birth terrists. So if you read the opinion, you're going 71 00:04:06.280 --> 00:04:09.439 to see a lot of discussion about this idea of domicile, 72 00:04:09.960 --> 00:04:15.039 which is not in the constitutional text. But I think 73 00:04:15.080 --> 00:04:18.000 this is a move that the Trump administration made, not 74 00:04:18.199 --> 00:04:21.560 the executive order, which does apply to all illegal aliens 75 00:04:22.160 --> 00:04:25.879 in the country, but an oral argument that still sort 76 00:04:25.920 --> 00:04:29.279 of general narrowed the debate to focus more on people 77 00:04:29.279 --> 00:04:33.000 who come really specifically for the purpose of having a 78 00:04:33.040 --> 00:04:38.600 baby and then leaving. And so the Justice Thomas's descent 79 00:04:38.879 --> 00:04:43.279 focuses on these people, and he says they're not really 80 00:04:43.399 --> 00:04:49.079 under our jurisdiction because they don't intend to live here. 81 00:04:49.199 --> 00:04:54.279 They don't set up a domicile here. Now he dropped, 82 00:04:54.319 --> 00:04:56.399 and then he drops an interesting footnote which she says, 83 00:04:56.639 --> 00:05:01.319 I'm not going to actually discuss here whether birthright citizenship 84 00:05:01.360 --> 00:05:05.000 would apply to the children of aliens who do want 85 00:05:05.000 --> 00:05:07.759 to stay here, which I assume is actually the great 86 00:05:07.800 --> 00:05:12.160 majority of the aliens in the country. I think the numbers, 87 00:05:13.319 --> 00:05:14.879 you know, they range from it's very hard to get 88 00:05:14.920 --> 00:05:18.079 numbers range from one hundred thousand to three hundred thousand 89 00:05:18.720 --> 00:05:21.519 babies are born a year in the United States based 90 00:05:21.600 --> 00:05:27.560 on this birth tourism category. I think that's probably very 91 00:05:27.560 --> 00:05:31.800 small number compared to the number of overall children born 92 00:05:31.839 --> 00:05:33.879 to aliens in the country or from people who want 93 00:05:33.920 --> 00:05:38.480 to stay. So there's actually the possibility of more agreement 94 00:05:39.199 --> 00:05:41.759 between the majority and the descent. You could say, maybe 95 00:05:41.759 --> 00:05:45.839 the only disagree with these people who are visiting temporarily. 96 00:05:46.279 --> 00:05:50.480 Now the majority opinion doesn't create an exception for that 97 00:05:50.800 --> 00:05:53.839 at all. The authority just says if you know, they know. 98 00:05:53.879 --> 00:05:55.399 They just say, if you're born on the territory of 99 00:05:55.399 --> 00:05:58.199 the United States, you're a citizen. Doesn't matter why your 100 00:05:58.240 --> 00:06:00.240 parents were here, how long they intended. 101 00:05:59.879 --> 00:06:03.560 To stay, nor does it matter, for instance, if if 102 00:06:03.600 --> 00:06:10.240 an enemy country decides to cross our borders and you know, 103 00:06:10.319 --> 00:06:13.279 come and just send hundreds and hundreds and hundreds of 104 00:06:13.279 --> 00:06:17.759 thousands of people into our country, or perhaps maybe Muslims 105 00:06:17.800 --> 00:06:22.000 into our country to destroy Western civilization. 106 00:06:21.639 --> 00:06:24.839 And they are saying Muslims, Muslims cannot be citizens of 107 00:06:24.839 --> 00:06:28.560 the United States. You know, I'm saying country's territory. 108 00:06:29.240 --> 00:06:32.560 No, what I'm saying is that that the proper ruling 109 00:06:32.639 --> 00:06:35.439 should have been that no one who is here illegally, 110 00:06:35.720 --> 00:06:39.319 who has entered our country the very first act of 111 00:06:39.399 --> 00:06:43.240 breaking our laws shows that they do not. 112 00:06:43.560 --> 00:06:46.360 I would say that even Thomas doesn't agree with that. 113 00:06:47.639 --> 00:06:48.120 I think he does. 114 00:06:49.000 --> 00:06:52.319 President's opinion just flat His opinion flatly says, I'm not 115 00:06:52.360 --> 00:06:56.000 going to address whether they're denied birthright citizenship. He's only 116 00:06:56.040 --> 00:07:00.560 talking about people are coming and leaving. You are. Usually 117 00:07:00.600 --> 00:07:03.240 it says that in the descent. 118 00:07:02.959 --> 00:07:05.399 That's fine, But the real point of the matter is 119 00:07:05.399 --> 00:07:08.920 subject to its jurisdiction has a very clear meaning under 120 00:07:08.959 --> 00:07:11.439 the fourteenth Amendment. We know what that meaning is very 121 00:07:11.439 --> 00:07:14.199 clearly from the legislative debates both on the Fourteenth Amendment 122 00:07:14.279 --> 00:07:17.079 and the Civil Rights Act of eighteen sixty six, which 123 00:07:17.120 --> 00:07:21.920 the fourteenth Amendment was specifically passed in order to ensure 124 00:07:22.199 --> 00:07:26.079 that it could be implemented. And we know what that meant. 125 00:07:26.240 --> 00:07:29.519 We know that it did not mean whole categories of 126 00:07:29.560 --> 00:07:34.480 persons who were as subject to the jurisdiction of the 127 00:07:34.600 --> 00:07:38.079 United States. Whole category it didn't address, I will give 128 00:07:38.120 --> 00:07:42.040 you illegal aliens or birthright or birth tourism or any 129 00:07:42.040 --> 00:07:44.879 of those things, because it didn't exist back then, for 130 00:07:44.959 --> 00:07:45.720 God's sakes. 131 00:07:46.040 --> 00:07:47.879 But COVID got to do this. 132 00:07:48.439 --> 00:07:51.920 Well wait, COVID, I didn't say COVID. 133 00:07:52.199 --> 00:07:53.680 Oh I thought I heard you say COVID. 134 00:07:53.800 --> 00:07:56.279 No, no, no, no. What I'm saying is is no what 135 00:07:56.800 --> 00:08:01.920 the birth terrorism? The people the China who who are 136 00:08:02.040 --> 00:08:05.040 as you tell us all the time, our enemies sending 137 00:08:05.079 --> 00:08:08.160 their people here, taking them back, but they so they 138 00:08:08.199 --> 00:08:11.439 grow up in China, and but they're American citizens. They 139 00:08:11.439 --> 00:08:13.959 could come back and become president of the United States. 140 00:08:15.480 --> 00:08:18.680 And you know, looking at the way our politics are 141 00:08:18.680 --> 00:08:21.759 going in certain areas, it's not, you know, not an 142 00:08:21.800 --> 00:08:25.120 impossible thing. But anyway, the serious point is this that 143 00:08:25.199 --> 00:08:28.480 the fourteenth Amendment is clear. What the hell is wrong 144 00:08:28.680 --> 00:08:34.399 with Amy Coney Barrett and John Roberts and their stupid 145 00:08:34.440 --> 00:08:38.320 ass claim to be originalists. If they were originalists, they 146 00:08:38.360 --> 00:08:40.840 would look at what the fourteenth Amendment meant at the 147 00:08:40.919 --> 00:08:43.720 time it was pasted, and it is. The historical record 148 00:08:43.840 --> 00:08:45.399 is absolutely clear. 149 00:08:45.639 --> 00:08:47.600 I disagreed, it's not absolutely clear. 150 00:08:47.879 --> 00:08:53.399 And you're also saying, I mean, I just don't think 151 00:08:53.440 --> 00:08:59.000 it is what we know, what's this sight of history. 152 00:08:59.200 --> 00:09:02.200 You could say subject to the jurisdiction thereof had a 153 00:09:02.240 --> 00:09:05.720 clear meaning under the common law at the time, which 154 00:09:05.759 --> 00:09:09.639 incorporated only three categories. One of them is occupying armies, 155 00:09:09.639 --> 00:09:13.559 which you refer to, and one is diplomats. These are 156 00:09:13.600 --> 00:09:16.519 people who are in the country on the territory of 157 00:09:16.559 --> 00:09:19.000 the United States, but they're not subject to our jurisdictions, 158 00:09:19.039 --> 00:09:21.240 so it doesn't extend to them. Your theory is as 159 00:09:21.279 --> 00:09:24.399 subject to the jurisdiction thereof, which has a I think 160 00:09:24.399 --> 00:09:28.240 a pretty straightforward meaning, actually has an unusual meaning, which 161 00:09:28.279 --> 00:09:30.440 is at odz with the way the legal system use 162 00:09:30.519 --> 00:09:33.480 the terms at the time, which is that they're here 163 00:09:33.799 --> 00:09:36.399 without the permission of the country. Is a very strange way. 164 00:09:36.480 --> 00:09:40.159 No actually say that to say subject to the jurisdiction, 165 00:09:40.879 --> 00:09:44.080 It's just that nobody uses a term that way at 166 00:09:44.120 --> 00:09:44.679 that time. 167 00:09:45.159 --> 00:09:47.159 What they did used to mean is that you were 168 00:09:47.240 --> 00:09:52.440 not in any way still beholden to a different sovereign, 169 00:09:52.519 --> 00:09:57.120 that your allegiance was to the United States. And that's 170 00:09:57.159 --> 00:10:02.639 why those categories, which also included Native American Indians born 171 00:10:02.679 --> 00:10:05.720 in the United States, born in this soil, but who 172 00:10:05.799 --> 00:10:11.960 owed their allegiance to another sovereign were excluded specifically by 173 00:10:12.000 --> 00:10:14.679 the Fourteenth Amendment and by the Civil Rights Act of 174 00:10:14.679 --> 00:10:17.759 eighteen sixty six. That's what I'm talking about. Now. What 175 00:10:17.919 --> 00:10:21.679 happens is you bring all an illegal alien. They are 176 00:10:21.720 --> 00:10:24.799 not subject to the jurisdiction of the isicos. 177 00:10:24.799 --> 00:10:27.759 Are they not subject to our jurisdiction. They're on our territory. 178 00:10:27.799 --> 00:10:30.519 We can execute them for murder. If there are. 179 00:10:30.080 --> 00:10:33.440 Are Native American Indians not subject to our jurisdiction, then. 180 00:10:34.200 --> 00:10:36.799 They were not at the time because they had semi 181 00:10:36.840 --> 00:10:38.000 sovereign status on their right. 182 00:10:38.159 --> 00:10:39.320 They still have semi sovereign. 183 00:10:39.360 --> 00:10:42.679 So now it's because we allow them to have it. 184 00:10:43.200 --> 00:10:46.000 But you're reading subject to the jurisdiction in this very 185 00:10:46.519 --> 00:10:49.159 very unusual, strange way in which it was not used 186 00:10:49.159 --> 00:10:53.200 at the time. It was because there's no it wasn't. 187 00:10:53.480 --> 00:10:54.799 Is it most certainly was. 188 00:10:55.519 --> 00:10:57.440 I want to take us back to what's the opinion, 189 00:10:57.440 --> 00:10:59.039 what's in front of us, and what we can make 190 00:10:59.240 --> 00:11:02.039 of where we're going from here, rather than going back 191 00:11:02.080 --> 00:11:03.799 over I mean, we had this argument before and we're 192 00:11:03.799 --> 00:11:06.639 going to have it again. But first of all, just 193 00:11:06.679 --> 00:11:10.960 an observation. The descent got four votes on a case that, 194 00:11:11.039 --> 00:11:13.559 first of all, no one ever get brought. And second, 195 00:11:14.039 --> 00:11:15.919 even as recently as ten years ago, I don't think 196 00:11:16.080 --> 00:11:18.159 we would have thought you've gotten four votes for the position, 197 00:11:18.200 --> 00:11:20.120 and maybe they are five votes. I'm gonna come back 198 00:11:20.120 --> 00:11:22.799 to that point in just a second. Maybe I could 199 00:11:22.799 --> 00:11:25.720 do it this way. Thomas's descent reads to me. It 200 00:11:25.759 --> 00:11:28.559 reminds me a little bit of the descent in the 201 00:11:28.559 --> 00:11:31.679 Obamacare case, which people say Roberts actually wrote before he 202 00:11:31.720 --> 00:11:34.279 flipped side. I wonder if I'm gonna started writing this 203 00:11:34.320 --> 00:11:36.759 as a majority opinion and then someone flipped, and my 204 00:11:36.919 --> 00:11:40.399 speculation would be maybe Kavanaugh. Well wait a minute, let's 205 00:11:40.440 --> 00:11:42.360 go to Kavanaugh's opinion, because even if. 206 00:11:42.320 --> 00:11:45.200 Kavanaugh was there still would have been five to four. 207 00:11:46.480 --> 00:11:46.919 No. 208 00:11:46.919 --> 00:11:50.039 No on the constitutional issue. You need to have someone 209 00:11:50.480 --> 00:11:52.399 like you're talking about. Barrett would have to be the. 210 00:11:52.320 --> 00:11:56.879 Person you're te no No Kavanaugh. Kavanaugh's concurrence, as I 211 00:11:56.919 --> 00:12:02.399 concur on statutory grounds, unconstitutional. 212 00:12:01.279 --> 00:12:03.399 Grand doesn't matter, still be five to four. 213 00:12:04.159 --> 00:12:08.480 Well, wait a minute, what if that statue didn't exist, 214 00:12:08.519 --> 00:12:09.799 he would not be saying the four. 215 00:12:09.879 --> 00:12:12.600 Men no, that's my point, would still be five to four. 216 00:12:13.000 --> 00:12:16.919 Well, but five to four in favor of Trump's exactly. 217 00:12:16.720 --> 00:12:18.279 Five to four against Trump. 218 00:12:20.120 --> 00:12:22.679 Decision. Actually, I thought it was five to four. It 219 00:12:22.720 --> 00:12:24.240 was sixty three counting. 220 00:12:24.720 --> 00:12:29.399 Yeah, it was go and and Thomas. 221 00:12:28.879 --> 00:12:32.879 Oh I miscounted. Okay, Well, I still think that's interesting 222 00:12:32.919 --> 00:12:35.720 that Kavanaugh says that does Keavenaugh not point us a 223 00:12:35.720 --> 00:12:39.200 way forward for either statutory change because. 224 00:12:39.000 --> 00:12:43.759 This is a concurrence the majority opinion. The majority opinion 225 00:12:43.879 --> 00:12:48.440 says that the Constitution means X, and unless they get 226 00:12:48.559 --> 00:12:54.039 another majority opinion to overturn that, the the I mean 227 00:12:54.039 --> 00:12:56.759 people kept saying, oh yeah, there's Kevnaugh opens a way 228 00:12:56.799 --> 00:13:01.000 for all this statutory changes. I'm afraid that the argument 229 00:13:01.039 --> 00:13:04.559 I've made all along, which is that perhaps it shouldn't 230 00:13:04.559 --> 00:13:07.399 be done by the executive in the way that Trump 231 00:13:07.440 --> 00:13:10.600 decided to do it, you know, just in objective terms, 232 00:13:10.639 --> 00:13:15.399 nothing against Trump, but that Congress can absolutely determine what 233 00:13:15.679 --> 00:13:18.000 is the meaning of subject to the jurisdiction of the 234 00:13:18.039 --> 00:13:21.399 United States. And moreover, Congress can absolutely determine who and 235 00:13:21.600 --> 00:13:25.240 who cannot be citizens of the United States based upon 236 00:13:25.559 --> 00:13:30.240 its interpretation of the Fourteenth Amendment. The enforcement Clause gives 237 00:13:30.279 --> 00:13:34.399 Congress that power, not the President and not the Supreme Court. 238 00:13:35.279 --> 00:13:38.799 But we don't play those games anymore. We just the 239 00:13:38.840 --> 00:13:41.399 Supreme Court said it. So there you go. Let's all 240 00:13:41.440 --> 00:13:44.840 bow down and recognize that we live in some stupid 241 00:13:44.879 --> 00:13:47.519 country governed not by the sovereignty of the people but 242 00:13:47.720 --> 00:13:53.759 by nine unelected in most cases, three or four unelected idiots. Sorry, 243 00:13:54.519 --> 00:13:56.320 there's my there's my rant for the week. 244 00:13:56.919 --> 00:13:59.600 Yeah, well, okay, I mean I understand, I don't understand you. 245 00:14:00.000 --> 00:14:03.440 I think Congress would have the authority to end birthright 246 00:14:03.519 --> 00:14:08.320 citizenship as it's currently practiced by statute and over return 247 00:14:08.399 --> 00:14:09.600 the Supreme Court opinion. 248 00:14:10.039 --> 00:14:11.039 Well, I think they should. 249 00:14:11.120 --> 00:14:12.440 Yeah, but we know you're saying. 250 00:14:12.480 --> 00:14:13.120 You say they can. 251 00:14:13.279 --> 00:14:14.879 That's what Abraham Lincoln. 252 00:14:14.600 --> 00:14:20.320 Intersection five of the Fourteenth No, actually, Lincoln did not think, 253 00:14:20.360 --> 00:14:24.600 for example, Congress could overturn dred Scott. Unfortunately he didn't try. 254 00:14:24.679 --> 00:14:27.679 He did. He did the Emancipation Proclamation based on his 255 00:14:28.320 --> 00:14:31.279 commander in chief power, but he recognized that would terminate 256 00:14:31.320 --> 00:14:33.840 on the end of the war. So I don't So 257 00:14:33.919 --> 00:14:37.080 you're saying under section five of the fourth So you 258 00:14:37.120 --> 00:14:39.600 think you're saying under section five of the fourteenth Amendment 259 00:14:39.639 --> 00:14:43.039 properly read, Congress could interpret. 260 00:14:43.120 --> 00:14:43.600 See I don't. 261 00:14:43.639 --> 00:14:47.039 I think that's exactly why they put the citizenship clause 262 00:14:47.279 --> 00:14:49.399 in the Constitution in the first place, because they didn't 263 00:14:49.559 --> 00:14:53.200 want politicians to be able to monkey around with the definition, 264 00:14:53.960 --> 00:14:55.120 change it back and forth. 265 00:14:55.360 --> 00:14:55.679 I don't. 266 00:14:55.720 --> 00:14:56.039 I don't. 267 00:14:56.039 --> 00:14:58.120 I actually would say this. I would say they put 268 00:14:58.159 --> 00:15:01.759 the enforcement clause in both all three of the reconstruction 269 00:15:01.840 --> 00:15:05.080 amendments to make it very clear that Congress had power 270 00:15:05.200 --> 00:15:08.399 over the States in ways it might not have prior 271 00:15:08.440 --> 00:15:12.919 to the reconstruction. That's true, and so I believe absolutely. 272 00:15:13.120 --> 00:15:15.759 But you think that they can change the interpretation, you 273 00:15:15.759 --> 00:15:17.960 think they can be at odds with the Court on 274 00:15:18.000 --> 00:15:21.399 the interpretation of the Constitution. That's exactly that Congress can do that. 275 00:15:21.480 --> 00:15:25.720 But then you said that they could essentially overturn this decision. 276 00:15:25.919 --> 00:15:27.960 And I don't think they can just subject to the 277 00:15:28.039 --> 00:15:31.519 jurisdiction the way they want, right. 278 00:15:31.360 --> 00:15:33.840 No, No, I mean yes, do I believe that, because 279 00:15:33.840 --> 00:15:36.360 I believe that Congress has as much power under the 280 00:15:36.360 --> 00:15:39.559 Constitution to determine what its powers are as a Supreme 281 00:15:39.600 --> 00:15:42.840 Court does, just like John Marshall believed, for instance. But 282 00:15:44.159 --> 00:15:46.879 we don't live in that country anymore. Historically, that's not 283 00:15:47.000 --> 00:15:51.080 the way it works. So this decision, sorry, really quickly 284 00:15:51.159 --> 00:15:56.000 less sentenced Steve. This decision means that everything Kavanaugh said 285 00:15:56.080 --> 00:15:59.519 was a bunch of gobbledygoog and didn't matter. And what 286 00:15:59.639 --> 00:16:03.840 mattered was the Supreme Court, in a really idiotic decision, 287 00:16:03.960 --> 00:16:11.039 determined that other than keeping people out of the United States, 288 00:16:11.080 --> 00:16:14.639 the only thing that the political branches can do to 289 00:16:14.759 --> 00:16:20.080 prevent anyone from taking over our country through birthright, citizenship, 290 00:16:20.759 --> 00:16:23.440 open laws call it. The only thing they can do 291 00:16:23.480 --> 00:16:25.600 is try to close the borders and try to stop 292 00:16:25.600 --> 00:16:27.080 birth tourism and so on. 293 00:16:27.720 --> 00:16:30.240 It's not hard. It's just the same thing you would 294 00:16:30.240 --> 00:16:35.600 do to drug traffickers. Human traffickers will punish the drug cartels. 295 00:16:35.639 --> 00:16:38.679 You can punish these, you know, these birth tours and companies. 296 00:16:38.720 --> 00:16:40.840 You could even punish the women who are coming in. 297 00:16:41.000 --> 00:16:43.600 You could prevent them, and they're starting to. Yeah, I 298 00:16:43.639 --> 00:16:45.320 mean it's not hard to do. 299 00:16:46.279 --> 00:16:49.919 John, What did you make of Thomas's point about the 300 00:16:49.960 --> 00:16:54.039 fourteenth Amendment. Essentially, very cleverly, I thought, adopted the argument 301 00:16:54.080 --> 00:16:56.799 of the slaughterhouse cases, which have never been overturned. Remember 302 00:16:56.879 --> 00:17:00.240 it said the fourteen Amendment was written for breed slaves. Sure, 303 00:17:00.279 --> 00:17:03.759 there's citizenship and Thomas says, everyone understands that I noticed 304 00:17:03.759 --> 00:17:05.839 that soda. My ar took after him there, saying he's 305 00:17:06.000 --> 00:17:08.480 using a double standard. He wants a colorblind constitution, but 306 00:17:08.559 --> 00:17:10.960 now says this amendment only applied to freed slaves, but. 307 00:17:11.359 --> 00:17:16.480 That Thomas actually Justice Jackson said that, yeah, so I 308 00:17:16.480 --> 00:17:19.799 I see. The question is this is how I would 309 00:17:20.240 --> 00:17:23.839 differ with his opinion. Is it is undeniable. The central 310 00:17:23.839 --> 00:17:28.319 purpose of the amendments was to restore or not restore 311 00:17:28.319 --> 00:17:31.279 because they never had them. Was to grant the same 312 00:17:31.319 --> 00:17:35.160 constitutional rights to the freed slaves that everyone else had. 313 00:17:35.599 --> 00:17:38.519 But is it limited to that? That's so I don't 314 00:17:38.839 --> 00:17:42.480 know if the Justice Thompson's a piece should be read 315 00:17:42.519 --> 00:17:45.279 to say this is what's you know Jackson claimed it 316 00:17:45.319 --> 00:17:48.359 said was that it only goes that far, and I 317 00:17:48.359 --> 00:17:50.400 don't know if that's I don't think he was saying that, 318 00:17:50.440 --> 00:17:51.960 But if he did, I don't think that's right. I 319 00:17:51.960 --> 00:17:54.799 think the fourteenth Amendment is written more broadly, and you 320 00:17:54.880 --> 00:17:58.119 raise the slaughterhouse cases because you know, at the point 321 00:17:58.160 --> 00:18:00.799 the slaughterhouse cases is also that privileges in the immunities 322 00:18:00.880 --> 00:18:04.200 means much more than just equalizing the rights of the 323 00:18:04.240 --> 00:18:08.079 freed slaves. It's actually about expanding the idea of privileges 324 00:18:08.119 --> 00:18:12.279 and immunities to create constitutional rights against all states. It's 325 00:18:12.279 --> 00:18:16.160 not just written to benefit blacks. Yeah, well that I 326 00:18:16.200 --> 00:18:18.680 don't think that Justice Thomas's opinion means that. But that's 327 00:18:18.720 --> 00:18:23.880 what that's No, that's what he says. That's some of that. 328 00:18:24.279 --> 00:18:26.559 I know. I'm just like, I agree with you, lucretianities. 329 00:18:26.640 --> 00:18:27.920 That's what Steve was asking. 330 00:18:28.599 --> 00:18:32.240 Well, but understand what he does say. However, he says, 331 00:18:32.480 --> 00:18:36.400 the Court has repurposed the Fourteenth Amendment to protect its 332 00:18:36.440 --> 00:18:41.440 own set of preferred rights that the Reconstruction Congress never contemplated. 333 00:18:41.480 --> 00:18:44.160 We can all agree on that a legal immigration, birthright, 334 00:18:44.279 --> 00:18:47.839 or birth tourism and all that stuff didn't exist. They 335 00:18:47.920 --> 00:18:53.079 did not specifically write the Fourteenth Amendment to protect those 336 00:18:53.119 --> 00:18:55.400 categories of people. That much we can agree on, right, 337 00:18:56.240 --> 00:18:59.160 and that cannot find support anywhere in the text for 338 00:18:59.240 --> 00:19:01.799 those sorts of people. Today, the Court does so again 339 00:19:01.880 --> 00:19:04.960 by recognizing a constitution right dis citizenship for the children 340 00:19:05.319 --> 00:19:09.359 of all foreign birth tourists and illegal aliens. And you're right, 341 00:19:09.559 --> 00:19:12.759 that's his emphasis, John, that's his absolute emphasis. But he's 342 00:19:12.799 --> 00:19:15.680 also saying, you know this was a big deal. This 343 00:19:15.839 --> 00:19:18.359 was a big deal for the newly freed slaves. This 344 00:19:18.519 --> 00:19:19.960 was a big deal to that's. 345 00:19:19.839 --> 00:19:23.519 The central purpose of the amendments. I don't disagree. I 346 00:19:23.559 --> 00:19:27.400 don't actually agree with your plan. I think that this 347 00:19:27.480 --> 00:19:30.200 is a that there's no text. Actually, this, this thing 348 00:19:30.240 --> 00:19:33.480 of this majority opinion is actually quite a textualist opinion. 349 00:19:33.559 --> 00:19:35.000 It's really more focused on the. 350 00:19:34.960 --> 00:19:39.359 Text and a sixteen oh eight English law case whatever 351 00:19:39.799 --> 00:19:44.559 it's called, Calvin's case. It has nothing to do with America, nothing, 352 00:19:44.880 --> 00:19:45.839 absolutely nothing. 353 00:19:47.400 --> 00:19:49.960 But all right, let us continue this on the other 354 00:19:50.079 --> 00:19:52.640 side of a brief ad break. Don't go away. We'll 355 00:19:52.680 --> 00:19:54.920 be right back with Moore yelling and screaming and shouting. 356 00:20:02.599 --> 00:20:05.039 All right, let's move off the law nearly speaking for 357 00:20:05.079 --> 00:20:06.960 a moment and talk about two things. One is what 358 00:20:07.000 --> 00:20:10.319 other remedies might be available now to President Trump and 359 00:20:10.400 --> 00:20:13.200 what are the political fallouts of this, which may not 360 00:20:13.240 --> 00:20:16.519 be quite as clear as people think. So first of all, John, 361 00:20:16.559 --> 00:20:18.960 you already kind of hinted of this could Trump close 362 00:20:19.400 --> 00:20:22.240 entry to pregnant women from everywhere to say, if you're pregnant, 363 00:20:22.279 --> 00:20:23.160 you can't come in that states. 364 00:20:23.359 --> 00:20:25.119 Yeah, I suppose he could. I don't know if that 365 00:20:25.160 --> 00:20:27.039 would be the most effective. That would be what I 366 00:20:27.039 --> 00:20:29.599 would think of as an over inclusive rule. We would 367 00:20:29.640 --> 00:20:32.839 call us like going to bar too many people. But 368 00:20:33.119 --> 00:20:35.119 you could do that if you wanted to. I think 369 00:20:35.119 --> 00:20:39.960 the more effective thing would be to stop birth tourism 370 00:20:40.519 --> 00:20:43.880 through going at the companies that are charging people fifty 371 00:20:43.920 --> 00:20:46.640 thousand dollars or however much it is, or the people 372 00:20:46.680 --> 00:20:49.880 who are running these houses apparently places. 373 00:20:49.519 --> 00:20:51.519 Like Helia, and they are I think, John. 374 00:20:52.799 --> 00:20:55.799 Well, not a lough if I suppose I mean. 375 00:20:55.599 --> 00:20:58.000 A new initiative I've been reading about last dairs. 376 00:20:58.119 --> 00:21:00.160 Yeah, I mean that would be the most easiest a 377 00:21:00.240 --> 00:21:04.440 forward way to do it in terms of its political effects. 378 00:21:05.000 --> 00:21:09.119 I maybe I'm wrong about this, but I think that 379 00:21:09.799 --> 00:21:13.000 President Trump has gone too far in his immigration agenda. 380 00:21:13.039 --> 00:21:15.720 I think the main achievement, which is an incredible achievement, 381 00:21:16.440 --> 00:21:19.200 was to take control of the southern border, and now 382 00:21:19.200 --> 00:21:21.319 we have almost zero. I think in some months we 383 00:21:21.359 --> 00:21:25.599 actually have zero illegal crossings, which is incredible feat of 384 00:21:26.039 --> 00:21:26.920 public policy. 385 00:21:27.279 --> 00:21:31.920 But I think John Finish, go ahead, No, no, really 386 00:21:32.119 --> 00:21:32.799 just on that point. 387 00:21:33.039 --> 00:21:34.839 This will be another quick one, but go ahead. 388 00:21:35.880 --> 00:21:38.720 Anecdotally, I spoke to the sheriff of Coaches County who 389 00:21:38.799 --> 00:21:43.359 was for the longest time ground zero in the and 390 00:21:43.400 --> 00:21:47.200 he says his job is totally different now. Still drug 391 00:21:47.240 --> 00:21:50.160 problems and things like that, but no more worry to 392 00:21:50.359 --> 00:21:54.039 worry about, you know, high speed chases. And so I'm sorry, 393 00:21:54.039 --> 00:21:57.640 go ahead, I just I wanted to give an anecdote 394 00:21:57.680 --> 00:21:58.599 to support your point. 395 00:21:59.720 --> 00:22:03.759 Yeah, well, then well that does raise well it does 396 00:22:03.799 --> 00:22:07.400 also raise the other minor lesser cases on this. So 397 00:22:07.480 --> 00:22:11.599 the Trump's authority was the temporary protective status cases. He 398 00:22:11.680 --> 00:22:14.759 won those and can proceed to what I guess, deport 399 00:22:14.799 --> 00:22:17.279 people who've overstayed in asylum or have weak claims and 400 00:22:17.319 --> 00:22:17.799 so forth. 401 00:22:18.359 --> 00:22:18.559