Antonio Scalia was a brilliant lawyer, brilliant philosopher, and a brilliant judge. He was a founding member of the Supreme Court, and one of the most important Supreme Court justices of all time. His death on Saturday marks a grave moment for the future of the country, and for the Constitution as we know it, and it's time to remember him for his brilliance, wisdom, and drive to the bench. He will be remembered for his judicial philosophy, originalism and textualism, and his fierce defense of the Constitution, written in simple terms, as it was written by the framers of the United States Constitution in the late 1800s and early 1900s, and how it was meant to be understood by the people of the time it was drafted and understood by modern day readers. He left an indelible mark on the law, and will be greatly missed. - Ben Shapiro Ben Shapiro: Remembering Antonin Scalia - Originalism and Textualism - The Theory of Original Intent - Textualistism and Originalistism The Constitution says what it says, and doesn't care about intent - What is it really means When you read a law, it doesn't make perfect sense? - It doesn't matter if it does or doesn't? What matters is that it means what it was intended by its framers when they had some secret meaning in its words and what is meant by the words they intended to make sense of it Why you should be a textualist and not the words you read them If you don't understand the words, you're not a legislator, you don t care about their intent I don't care if they had a secret meaning when they meant them - When you do not care about a word, you care about its meaning in your words - what is a perfect sense - when you read the words What does it means a word? What is a word that makes perfect sense in your mind - That doesn't mean a word I don t understand it - that doesn t make a word ? - it doesn t matter - I mean, it does not make a sense So I hope you enjoy the words I mean a good word? - What does that makes a good sense? - when they were meant to make a good sentence - so they were intended to be written in the words of the words?
00:00:00.000And here we are, it is Ben Shapiro, back on Monday.
00:00:03.000The world did not end over the weekend, but it came really, really close to doing so, and we edge ever closer to the edge.
00:00:09.000In fact, I was actually going to start the show today by carrying around a sign and wearing a beard, and the sign would have said, the end is near, and I'd just walk around on a street corner.
00:00:16.000That's basically the theme of today's show, so I hope you enjoy it.
00:00:19.000I'm Ben Shapiro, this is The Ben Shapiro Show.
00:00:22.000I tend to demonize people because I don't care about your feelings.
00:00:28.000The death of Antonin Scalia marks a really, really grave moment for the future of the country.
00:00:36.000It's hard to believe that America and its future as a constitutional republic rest on the shoulder of one man.
00:00:42.000But when it comes to the Supreme Court, they basically did.
00:00:44.000Antonin Scalia's judicial philosophy was very simple.
00:01:00.000It's called originalism and textualism.
00:01:02.000The idea was you read the text, it means what it meant when it was written, and it's not the job of the court to apply its own morality into the text.
00:01:10.000You don't just take the text and read it how you want to read it to achieve the end that you want to achieve.
00:01:15.000As Scalia liked to say, if you're a judge and you agree with every result that you're ruling, if you agree with the
00:01:21.000The result of the rulings that you make on every score, you're not a good judge.
00:01:29.000And the job of a judge is not to overwhelm the Constitution with your own personal morality as all the leftist judges do.
00:01:36.000It's to interpret the Constitution as it was written.
00:01:40.000Well, Justice Scalia was found dead about 2 o'clock in the afternoon Pacific Time on Saturday.
00:01:44.000I didn't find out about it until after Sabbath, so I come back, and I get hit with that news.
00:01:48.000And it's brutal news, because right now, the Supreme Court is split 5 to 4.
00:01:52.000Really, 4 to 4, and Justice Kennedy, who was appointed by a Republican, he was appointed by Reagan, but Justice Kennedy decides how he's gonna vote based on whether he had a solid bowel movement that morning, so he's all over the place.
00:02:03.000If he took his Metamucil, he votes correctly.
00:02:07.000Justice Kennedy is the guy who will vote along with Justice Scalia as far as gun rights, but then will suggest that the Constitution mandates same-sex marriage at the state level.
00:02:16.000Justice Kennedy was bad enough, but there were at least four conservatives, or four constitutionalists, on the conservative side of the aisle.
00:02:25.000Three, if you don't count Justice Roberts, which I don't.
00:02:27.000So there were three, sometimes four, and maybe, in rare cases, sometimes five.
00:02:31.000Justice Scalia means that at best now, at best, in some cases,
00:02:35.000The so-called conservatives on the court have four, and the hard left on the court have four.
00:02:39.000Now what's amazing about the court is you'll always hear how right-wing the court is.
00:02:43.000All these crazy right-wingers on the court.
00:02:45.000Never, ever, ever, ever have Sonia Sotomayor or Elena Kagan or Justice Breyer
00:02:51.000And never have these people, never have the, or Ginsburg, none of these people have ever voted with the right on anything.
00:03:06.000Well, Scalia, let me give you Scalia's explanation of what he thought, because I think that it's important to recognize who he was and what he did.
00:03:13.000First of all, brilliant writer, tremendous rhetorician.
00:03:16.000You read his writing and it's just, it sparkles.
00:03:31.000You will sometimes hear it described as the theory of original intent.
00:03:34.000You will never hear me refer to original intent because, as I say, I am first of all a textualist and secondly an originalist.
00:03:40.000If you are a textualist, you don't care about intent, and I don't care if the framers of the Constitution had some secret meaning in mind when they adopted its words.
00:03:48.000I take the words as they were promulgated to the people of the United States and what is fairly understood of those words.
00:03:55.000When you read a law, it means what it means.
00:03:56.000It doesn't mean what people had in their secret minds.
00:03:59.000With Scalia's death, the court is now into a 4-4 deadlock, at best for conservatives, at best.
00:04:05.000And, more likely, it is now thrown into utter chaos, because if Barack Obama or Hillary Clinton or any Democrat appoints a justice of their choosing, the Constitution is basically over.
00:04:17.000If you look at the rulings that Justice Scalia made, if you look at the majorities in which he took part, these are key rulings to upholding the Constitution of the United States, to upholding your rights.
00:04:28.000For example, in 2003, Scalia is the guy who wrote the opinion in Heller v. District of Columbia.
00:04:33.000That was the decision that finally, after 200 years, reinforced the principle that yes, it turns out that you have an individual right to keep and bear arms.
00:04:42.000That you personally have a right to keep and bear arms.
00:04:44.000Believe it or not, the Supreme Court had not even ruled on that for 200 years.
00:04:48.000Obviously, it's self-evident from the Second Amendment that's the case.
00:04:50.000Now that Scalia's dead, if the left gets the court, they immediately rule the reverse.
00:04:54.000They say you don't have an individual right to keep and bear arms.
00:04:57.000So if a state or the federal government forces you to turn in your gun, they can do that.
00:05:39.000If Lindsey and Jonathan and Mathis and I all decided to put together a corporation and take out political ads, the government couldn't stop us from doing that.
00:05:49.000Well, now they're going to reverse that, if Obama gets his way, and everybody who is part of any corporation will now be subject to campaign finance laws, which basically means that they can shut down the right.
00:06:00.000They'll find an excuse to shut down the right.
00:06:02.000And it'll get a lot worse than that, okay, on freedom of speech.
00:06:05.000Elena Kagan, who was the Dean of Harvard Law when I was there, and now of course sits on the Supreme Court, Elena Kagan said back in 1993 that hate speech should not be covered by the First Amendment.
00:06:15.000In other words, things that make people feel bad should not be covered by the First Amendment.
00:06:19.000We should be prosecuted if we say things like, there's a serious problem inside the Islamic community with terrorism, or there's a problem of education inside the black community.
00:06:28.000This could be construed as hate speech, and thus you could be prosecuted for it.
00:06:32.000And the Supreme Court is one vote away from ruling that.
00:06:35.000They pass a law prosecuting hate speech that basically all dissent is now illegal.
00:06:41.000Scalia was supposed to be the fifth vote on a case that's coming up on unions.
00:06:46.000Unions are seizing union dues from people who are in their industry and using them to back Democratic politicians.
00:06:53.000Scalia was going to be the fifth vote on that to say that's illegal, that you can't do that under the First Amendment.
00:07:15.000And more than not being my job, it would violate my religious freedom if we were to suggest that a corporation like the Daily Wire has to, for example, produce videos in favor of same-sex marriage for a gay wedding.
00:07:27.000Somebody comes to us and they offer us $5,000 to make a video in favor of same-sex marriage.
00:08:02.000They'll suggest the death penalty is no longer allowed by the Constitution, even though the Constitution explicitly talks about the death penalty at least twice.
00:08:12.000They'll just reinvigorate Roe v. Wade and suggest that any state abortion laws on the books are anti the Constitution.
00:08:19.000On voting, they'll go through and they'll say again that the federal government has the right to do the redistricting.
00:08:23.000They'll get rid of voter ID laws that prevent voter fraud.
00:08:27.000This is what is at stake here if there's one more vote on the Supreme Court.
00:08:30.000And Barack Obama says he's going to appoint that guy.
00:08:32.000He's going to go ahead, that guy or woman.
00:08:34.000And you watch, Barack Obama will find the leftmost person he can find who is a gay, black, Hispanic, lesbian, transgender little person.
00:08:42.000He'll find the most diverse person he can find, and then he'll suggest that the reason people oppose that person is because they're racist, sexist, bigot, homophobes, just like the only reason they oppose him is because he's a black guy.
00:08:53.000And Republicans, naturally, are handling this all the wrong way.
00:08:56.000So here is Barack Obama saying that he's going to nominate a successor to Scalia.
00:09:01.000Obviously, today is a time to remember Justice Scalia's legacy.
00:09:09.000I plan to fulfill my constitutional responsibilities to nominate a successor.
00:09:32.000Who thought he wasn't going to do this?
00:09:35.000At the debate, there were a bunch of Republicans who said, No, Obama shouldn't even bother.
00:09:39.000He shouldn't try to nominate a successor.
00:09:41.000Mitch McConnell says, Oh, we're going to hold off until after the election to start looking at nominees.
00:09:47.000We're not going to let Obama pick the successor.
00:09:50.000And this is, honestly, I think this is a very stupid tack, and I'll explain why.
00:09:55.000So, Ted Cruz, for example, he says if Democrats want to replace Scalia, they need to win the 2016 election.
00:10:01.000So here is Senator Cruz talking about this with George Stephanopoulos.
00:10:05.000Let's begin with that news about Justice Scalia.
00:10:08.000You've said that President Obama should wait to name a successor, but Ronald Reagan nominated Anthony Kennedy with 13 months left in his term was confirmed in February 1988.
00:10:16.000President Obama has more than 10 months left in his term.
00:10:20.000Why isn't it his right to nominate a justice and the Senate's responsibility to give that nominee an up or down vote?
00:10:27.000George, the Senate has not confirmed a nominee that was named in the final year, in election year, in 80 years.
00:10:35.000And by the way, the only reason Anthony Kennedy was nominated that late is that Democrats in the Senate had gone after and defeated two previous nominees, Robert Bork, which set a new standard for partisan attacks on a nominee, and Doug Ginsburg.
00:10:49.000So it was the Democrats that had dragged it out for many months to make it that late.
00:10:53.000And right now the court is exquisitely balanced.
00:10:57.000Justice Scalia, someone I've known for over 20 years, was an extraordinary man.
00:11:01.000Principal jurist, faithful to the Constitution.
00:11:04.000His impact on the court was incomparable.
00:11:07.000As Ronald Reagan was to the presidency, so Justice Scalia was to the court.
00:11:14.000This next election needs to be a referendum on the court.
00:11:17.000The people need to decide, and I'm very glad that the Senate is agreeing with what I called for, that we should not allow a lame-duck president to essentially capture the Supreme Court in the waning months of his presidency.
00:11:32.000So there are a couple of things that he says there that are worth noting.
00:11:34.000Number one, he says the court is exquisitely balanced.
00:11:37.000It is not the role of the court to be a political organ.
00:11:40.000The fact that we're talking about how the court is balanced demonstrates that it has become a legislative organ.
00:11:46.000When I was in my third year at Harvard Law School, you write a third-year paper to graduate, and my third-year paper at Harvard Law was based on the idea the Supreme Court should not have the power of judicial review.
00:11:54.000Marbury versus Madison was wrongly decided.
00:11:58.000The reason I said that is because if you have a super legislature that is deciding whether or not the regular legislature is doing a moral job, we didn't elect these people, and they're sitting there for life.
00:12:09.000So how in the world is that a reflection of American republicanism?
00:13:54.000And as President, I would recognize that precedent.
00:13:56.000And the precedent that's been set over the last 80 years has been that in the last year of a President's term, and his second term especially, there should not be Supreme Court nominees put into lifetime positions for a President that you're not going to be able to hold accountable at the ballot box.
00:14:11.000There's going to be an election in November.
00:14:13.000This is going to be an issue in the election.
00:14:15.000The voters are going to choose a new president, and that new president, who I believe will be me, should then fill that vacancy for a lifetime appointment to the Supreme Court.
00:14:39.000You know, recently he said, well, I want regular order.
00:14:43.000But in 2010, right after the election, or right during the election, he said, my number one job is to defeat Barack Obama, without even knowing what Barack Obama was going to propose.
00:14:52.000Here, he doesn't even know who the president's going to propose, and he says, no, we're not having hearings, we're not going to go forward.
00:14:58.000To leave the Supreme Court vacant for 300 days in a divided time?
00:15:03.000This kind of obstructionism isn't going to last.
00:15:06.000And you know, we Democrats didn't do this when we voted 97 to nothing for Justice Kennedy in the last year of Reagan's term.
00:15:15.000After voting down Justice Bork and Justice Hicks.
00:15:22.000I believe that many of the mainstream Republicans, when the President nominates a mainstream nominee, will not want to follow Mitch McConnell over the cliff.
00:15:31.000So that's what you think the President should do?
00:15:32.000Send someone who he thinks can credibly get Republican support rather than send someone who will send a powerful message about the direction he wants to take the court in?
00:15:40.000I think first, the American people don't like this obstructionism.
00:15:44.000When you go right off the bat and say, I don't care who he nominates, I am going to oppose him, that's not going to fly.
00:15:49.000And a lot of the mainstream Republicans are going to say, I may not follow this.
00:17:21.000Here's why the Republican argument here is dumb.
00:17:24.000It's dumb because if Hillary Clinton is elected at the end of this year, that should not mean that Republicans then greenlight anybody she chooses.
00:17:34.000The Constitution is not a question of timing or calendar.
00:17:38.000Protection of the Constitution, protection of the Supreme Court, protection of your rights and my rights, that's not just a matter of he's in his last year.
00:17:45.000If it were two years ago, we still wouldn't approve of any of Obama's nominees.
00:18:42.000Are the people on the Supreme Court going to uphold the Constitution of the United States, or are they going to do like the Supreme Court has done my entire lifetime and several lifetimes before that, and push forward leftist policy preferences in the name of the Constitution of the United States?
00:18:55.000Because if they do that, they don't belong on the Court, and I don't care.
00:18:59.000I don't care whether business gets held up.
00:19:02.000This is the only thing in American life, in American government, that truly matters.
00:19:06.000We have an executive branch that has completely overridden the Constitution.
00:19:09.000We have a legislative branch that's completely abdicated its responsibilities and overridden the Constitution.
00:19:14.000And we now have a Supreme Court that pushes forward its own political priorities in the name of the Constitution.
00:19:20.000If you have a majority of the Supreme Court pushing forward those priorities,
00:20:03.000A philosophical litmus test for the court.
00:20:05.000Which is, do you think that the court is a tool of policy?
00:20:09.000Or do you think that the court is here to just say what the Constitution says?
00:20:14.000And if it's the first, you have no place on the court, and nobody along those lines should be confirmed whether it's a Republican or a Democrat proposing it.
00:20:21.000Okay, so that was the first half of the world's crappiest political weekend.
00:20:25.000The second half of the world's crappiest political weekend is I literally get off from Sabbath, and it's 6.15, and I find out in the first 20 seconds that Scalia is dead, which is just tragic because not only did we lose a great mind, as I say, the Constitution is now on the verge of death.
00:20:39.000It really is, on life support right now.
00:20:41.000And the people protecting it are the same people who have been unwilling to defund President Obama's executive amnesty, Obamacare, or Planned Parenthood.
00:20:49.000So putting our fate in the hands of those folks seems like a fool's errand.
00:20:53.000But I immediately go from that to I've got to turn on the TV and live-blog the Republican debate.
00:20:57.000And this Republican debate, I mean, folks, this is a serious issue, okay?
00:21:01.000The future of the Constitution, the future of the country is serious, and instead we got a full-fledged garbage fire clown show.
00:21:08.000I mean, this debate was basically a bunch of clowns in the clown car crashing off a train track into a garbage heap and then setting themselves on fire.
00:21:20.000It was garbage through and through, and the garbage master is Donald Trump.
00:21:25.000Donald Trump, the fact that he was allowed to get away with what he was by the moderators is shocking to me.
00:21:30.000We'll play clips from this debate, but Donald Trump went full Trump.
00:21:33.000We're talking about shouting over people, calling President Bush a liar, suggesting that President Bush didn't keep the country safe because of 9-11.
00:21:40.000Saying that President Bush was responsible for the worst war of all time in the war of Iraq.
00:21:43.000I mean it was, it was truly egregious stuff.
00:21:45.000And then you got Jeb over in the corning shouting for his mother, literally.
00:21:49.000You got Ted Cruz who's just trying to keep sane while all the nut jobs around him are bashing each other.
00:22:29.000Latest poll has him up by 20 points in South Carolina.
00:22:31.000In a minute, I want to talk about what that means for the Republican Party in the country.
00:22:35.000Because the Constitution may die at the Supreme Court level, probably will, based on what Republicans have done, unless we fight, unless we stand up and tell our Republican legislators, we don't care if you lose election, we don't care if you get kicked out by Democrats, you have an obligation to stand up for the Constitution of the United States, dammit, you've missed it for a hundred years, now's about time to shout no.
00:22:55.000Or it can happen at the presidential level, if somebody like Donald Trump is elected on the Republican side as the nominee.
00:24:25.000I will say it is fairly remarkable to see Donald defending Ban after he called him pathological and compared him to a child molester, both of which were offensive and wrong.
00:24:35.000But let me say more broadly, you notice Donald didn't disagree with the substance that he supports taxpayer funding for Planned Parenthood.
00:26:18.000He was a conservative reform governor for eight years before he became president, and no one would suggest he made an evolution for political purposes.
00:26:26.000He was a conservative, and he didn't tear down people like Donald Trump did.
00:27:15.000If you say, not for abortion, that just means that Planned Parenthood can now take your dollar, spend it on something else, and take the dollar they were going to spend on that other thing and use it for abortion.
00:27:25.000Hey, the vast majority of Planned Parenthood's budget goes to abortion services.
00:27:30.000But what's amazing about all of this, what's amazing about all... Okay, first, everything Ted Cruz here is saying is correct.
00:27:35.000If Donald Trump were in charge, he has said he would nominate to the Supreme Court his own sister, who's a federal appeals court judge, and who has supported partial birth abortion.
00:27:45.000Abortion, like, one minute before the baby's born.
00:27:48.000And so, but what's amazing here is that because, first of all, the moderator's a disaster area.
00:27:53.000Where's the moderator to say, it's not your turn, Mr. Trump.
00:27:56.000You need to let Mr. Cruz talk and then we'll come back to you.
00:27:59.000Instead, he just lets Trump shout over him.
00:28:02.000And the impression that you get here, and it was like this all night, the impression that you get is that Donald Trump was bullying everybody into the dirt.
00:28:24.000I'm here, and I'm fighting for me, and I'm gonna stand here, and I'm gonna do what I'm gonna do.
00:28:28.000Now, what Cruz should have done there, he said, you know, Donald, adults learn not to interrupt each other.
00:28:34.000The school marmish kind of lecturing tone there is not useful.
00:28:38.000What needed to happen there, and nobody has the balls to do it, what needed to actually happen here is somebody, I don't care if it's Cruz, Bush wouldn't do it because he doesn't, we'll see Trump do the same thing to Jeb in a second.
00:28:49.000What nobody has the balls to do is turn to Trump and say, Donald, I know you spent your entire life bullying people.
00:28:56.000I know you spent your entire life thinking you can get away with anything because you've been loaded since the time you were a child and nobody's ever said no to you.
00:29:02.000But at a certain point, you need to shut the hell up and just let it sit.
00:29:10.000And if Trump starts to bloviate, you should turn to the moderator, you should say, the moderator won't do it, nobody will do it, nobody will tell you the truth to your face because you've spent your entire life buying people off because you're corrupt.
00:31:07.000Okay, and what ends up happening here is Trump ends up shouting over Jeb, too.
00:31:10.000Now, what Jeb should have done here is when he's- everything he's saying is correct, by the way.
00:31:15.000And by the way, what Trump was saying about Jeb is also correct, that Jeb is very weak on illegal immigration.
00:31:20.000What Jeb should have done, and none of these people have the stones to do it, is he should have directly quoted Trump to Trump.
00:31:26.000He should have said to Donald Trump, Donald Trump, you say that, you know, you just, you do disparage women.
00:31:31.000Back in the 1980s, you said that women should be treated like blank.
00:31:34.000And he should have said, he said, pardon my language, women should be treated like, because that's exactly what Trump said back in the 1980s.
00:32:03.000And when Trump denies it and he says, oh, well, you know, that's just what tough guys do, somebody should say to Trump, look, you've never been tough in your life.
00:36:16.000In Fiddler on the Roof, there's a point at which Tevye is singing, If I Were a Rich Man, and he says that people will come to me and they'll ask me questions that would cross a rabbi's eyes, and it won't make one bit of difference whether I answer right or wrong.
00:36:27.000When you're rich, they think you really know.
00:36:29.000Okay, Donald Trump is proof that when you're rich, you think you really know.
00:36:33.000Hey Donald Trump thinks that he could that because he's but he's like this the poll numbers do he's rich he's never been wrong and he's successful in the polls so he's never been wrong and that
00:36:42.000Here's Donald Trump about George W. Bush in 9-11.
00:37:08.000On Monday, George W. Bush will campaign in South Carolina for his brother.
00:37:12.000As you said tonight, and you've often said, the Iraq war and your opposition to it was a sign of your good judgment.
00:37:17.000In 2008, in an interview with Wolf Blitzer talking about President W. Bush's conduct of the war, you said you were surprised that Democratic leader Nancy Pelosi didn't try to impeach him.
00:37:27.000You said, quote, which personally I think would have been a wonderful thing,
00:37:32.000When you were asked what you meant by that, you said, for the war.
00:38:00.000Let me just tell you, I get along with everybody, which is my obligation to my company, to myself, etc.
00:38:06.000Obviously, the war in Iraq was a big, fat mistake, alright?
00:38:12.000Now, you can take it any way you want, and it took Jeb Bush, if you remember, at the beginning of his announcement, when he announced the President, it took him five days.
00:39:19.000I'm sick and tired of Barack Obama blaming my brother for all of the problems that he's had.
00:39:23.000And frankly, I could care less about the insults that Donald Trump gives to me.
00:39:32.000It's blood sport for him, he enjoys it, and I'm glad he's happy about it.
00:39:35.000But I am sick and tired of him going after my family.
00:39:40.000My dad is the greatest man alive in my mind.
00:39:45.000While Donald Trump was building a reality TV show, my brother was building a security apparatus to keep us safe, and I'm proud of what he did.
00:39:57.000And he's had the gall to go after my mother.
00:39:59.000He's had the gall to go after my mother.
00:40:19.000So everything that Trump says there is a lie.
00:40:21.000Okay, when Trump says that Bush lied us into war, this is a bumper sticker leftist garbage slogan that is provably false.
00:40:29.000Bill Clinton and Hillary Clinton both supported the war in Iraq.
00:40:33.000They did so specifically because all the intel, all of the available intel said that Iraq was developing weapons of mass destruction.
00:40:39.000There were, in fact, chemical weapons found in Iraq.
00:40:42.000Where do you think Bashar Assad got his stockpiles of WMD?
00:40:45.000You think they just magically appeared?
00:40:47.000They were shipped across the border during the Iraq War.
00:40:49.000In any case, even leaving all of that aside, the idea that Bush lied us into war for political purposes for no reason at all, it's ridiculous on every level.
00:40:57.000And then for him to say that Bush didn't keep us safe during 9-11?
00:41:00.000Hey, this is revisionist history of the greatest sort, the 2020 hindsight.
00:41:04.000So what, did FDR not keep us safe around Pearl Harbor?
00:41:06.000Is that something Trump wants to go for, too?
00:41:08.000And then Jeb Bush, the weakness of Jeb Bush.
00:41:10.000Every time I watch one of these debates, it makes me want to pull my hair out.
00:41:12.000Because you got Jeb Bush sitting there going, well, he attacked my mommy.
00:41:43.000The proper response to Trump saying this is, Donald Trump, you are a far leftist who believes that George W. Bush lied us into war, and you are giving cover to Democrats who purposefully lost the war in Iraq for political gain.
00:41:58.000And you're a disgrace to the military men and women who died in Iraq, and you're a disgrace to the country for doing this routine.
00:42:04.000Because the fact is, regardless of whether you like the war in Iraq or not, that war was won by 2010 and Barack Obama then purposely lost it.
00:42:11.000And the fact that you're sitting up here, going after George W. Bush on a Republican stage, in the middle of a Republican nomination process, is astounding.
00:44:14.000At a time when the Constitution is this close to being destroyed by Barack Obama through a Supreme Court appointment, the Republicans are arguing about who can speak Spanish better, about how much Jeb Bush spent in New Hampshire, and whether Donald Trump should be able to yell over everybody.
00:45:24.000And it doesn't make any sense to appoint someone, to elect someone as commander-in-chief who doesn't understand the nature of our enemies.
00:45:31.000You know, last night, Donald Trump defended his calling for George W. Bush to be impeached.
00:45:37.000That is not consistent with the Constitution, and those are the views of the fever swamps of the left.
00:45:44.000That's where Donald comes from, is the fever swamps of the left.
00:45:47.000He's supporting John Kerry and saying, let's impeach George W. Bush.
00:45:51.000That is not a commander-in-chief fit to keep this country safe.
00:45:55.000And of course, he's exactly right, but I'm not sure it's going to matter.
00:45:58.000Bill Kristol was on ABC News yesterday and he said that people are eventually going to look at Trump and they're going to say enough is enough with all this bluster and shouting and sloganeering.
00:46:20.000Look, there are two things the President does that he does uniquely.
00:46:22.000He nominates judges and he's Commander-in-Chief.
00:46:25.000Healthcare, educational policy, tax policy, Congress plays a huge role.
00:46:29.000I think the presidential debate on the Republican side, the choice will now focus much more on who will put good judges on the Supreme Court, who has the knowledge and the temperament and the background where voters can be confident that they'll get good conservative constitutional judges.
00:46:44.000And the commander-in-chief issue, which Donald Trump raised squarely last night by saying that George Bush knowingly lied us into the war in Iraq.
00:46:53.000It's one thing to say the war was a mistake.
00:46:55.000Knowingly lied us into the war in Iraq?
00:46:57.000Are Republican primary voters going to accept this?
00:46:59.000I believe that Donald Trump's candidacy was dealt... I've said this before and I've been wrong, but I really do believe last night could be a moment where finally Republican voters say, enough with the being, you know, engaged, Trump's interesting, he's saying some things I like, he's sticking it to those politicians, and finally maybe people will focus on, can and should he be President of the United States?
00:47:19.000And I think Republican primary voters will say no.
00:47:24.000While everybody else battles it out, Trump is already running a general election campaign.
00:47:27.000The reason that he's pushing the Iraq war stuff is, he said it yesterday, he said it on the Sunday shows, he says, if we don't admit the Iraq war was a problem, we're not going to win the general election.
00:47:36.000Here's Donald Trump talking about that yesterday.
00:48:17.000He would have made them feel safe in 92, except that Ross Perot was in the race.
00:48:21.000George W. Bush in 2004 won, won women, and the reason he did is because of the safety issue.
00:48:28.000The minute you say the Iraq war was a mistake and we don't know how to handle foreign policy, basically, you're toast.
00:48:35.000But Trump is running a general election campaign and everybody else is just punching at each other underneath him, and none of them know how to take this guy down.
00:48:41.000And the way that you take Trump down is by calling him out for who he is.
00:48:45.000And then everything else that he does just reinforces that.
00:48:47.000When you say, Donald, you're a bloviating bully who's never been told no in his entire life because you were born to a rich family and you're a bratty rich kid who's never been told no.
00:48:55.000So I'm going to tell you no right now.
00:51:11.000So the first danger is the Supreme Court.
00:51:12.000The other is the caudillo, banana republic, we need a strong man mindset of Donald Trump.
00:51:16.000So people this morning, David French over at National Review, he wrote a piece where he said that Trump is basically just a conventional Democrat.
00:51:43.000The Democratic Party has never been foreign to the idea of the strongman, the dictator, the great man who's going to fix all your problems.
00:51:49.000Woodrow Wilson, who's the guy who created the modern progressive Democratic Party, he said in 1906, quote, The president is at liberty both in law and conscience to be as big a man as he can.
00:52:54.000His spokesperson, Corey Lewandowski, said after the debate, Yeah, Jeb got under Donald Trump's skin a little bit because Donald felt like he was being lied about.
00:53:57.000In 2010, Hugo Chavez did a speech and he said this, quote, Populism, the strongman sense, it applies to Obama and it also applies to Trump.
00:54:02.000Hugo Chavez was seen by his opponents as a clown and a bore and just a ridiculous figure.
00:54:05.000But the fact is that because he kept telling people that he was winning for them,
00:54:26.000He was able to gain ultimate power and basically destroy the Venezuelan society.
00:54:31.000I don't think Trump destroys American society, but I think that Trump is a danger to the Constitution.
00:54:35.000He does not see himself as running for a job.
00:54:37.000He sees himself as running for the great man.
00:54:42.000And so we have two threats to the Constitution from both sides of the aisle.
00:54:46.000Through the pusillanimity and cowardice of the Republican Party on the Supreme Court nominees, and through the threat of Trump, who has nothing to do with constitutional limits.
00:55:03.000So, over the weekend, my wife and I, on Amazon, rented the movie Spy.
00:55:07.000I don't know if you guys have seen this movie.
00:55:09.000It's actually, it's vulgar, you know, it's rated R. Don't get the unrated version because it's just too much, but the rated version, if you can deal with curse words, it's not really about, there's not a lot of sexual humor, it's a lot of curse words.
00:57:16.000Okay, so the whole bit is Hillary Clinton in a dining establishment with all these people saying how much they like Bernie.
00:57:21.000What's amazing, though, is that even things where they're making fun of Hillary, what are the actual lines these people are saying about Hillary?
00:57:27.000She's the most qualified president in history.
00:58:22.000To my former therapist, here's what it really means to support my gender identity.
00:58:27.000He says, this letter is pretty self-explanatory, but I want to give you a brief introduction.
00:58:31.000I had been seeing this therapist on and off for six years.
00:58:33.000It was only after we stopped seeing each other, mostly for reasons unrelated to the content of this letter, that I realized the full extent of what had happened in that office in terms of my gender.
00:58:44.000Dear former therapist, I have realized in the past two weeks there is something more I need to say to you.
00:58:48.000Feeling both anger and loss, caring about and valuing much of our therapeutic time together, while realizing how you hurt and utterly failed me in this way.
00:58:57.000It isn't an easy combination of feelings.
00:58:59.000When someone has given so much and deprived me of something so important, the emotions are not easy to navigate.
00:59:04.000They say, I talked with you in one of our sessions a few months ago about my doubts and worries about us working together.
00:59:09.000I told you you had shot me down years ago when I had first brought up questioning my gender to you.
00:59:14.000What I didn't do then is remind you what you had said to me.
00:59:16.000I don't remember every detail, but I do remember the traumatizing part.
00:59:19.000I remember that back in what must have been our first or second session, you asked if I wanted a penis.
00:59:25.000Uncomfortable and confused as to whether this was the only measure of transness, I said I didn't think so.
00:59:31.000Shortly afterwards, I think you must have concluded I wasn't trans, or I must have concluded I didn't want to repeat that uncomfortable conversation because we stopped talking about it for a while.
00:59:40.000You said I wasn't trans, but you're so feminine, you said.
00:59:43.000That was especially hurtful given my current gender identity.
00:59:46.000I don't identify with the word feminine, but me having some characteristics that get categorized that way doesn't mean that I'm a woman.
01:00:19.000How dare anybody imply that sanity is better than insanity?
01:00:23.000I'm reading this book right now about, it's called The Insanity Offense, and it's all about how mental illness has been improperly treated in the country.
01:00:31.000There's a book apparently by a guy named Thomas Zaz back in 1961 that really impacted how people think of the mentally ill.
01:00:37.000His premise was there's no such thing as mental illness.
01:00:39.000There's just society failing to understand that we have to let a thousand flowers bloom.
01:01:35.000At a certain point, you may want to look at the actual metrics of black success in the United States, which were increasing dramatically up until welfare, and then immediately plunged.
01:01:45.000But don't worry, poverty can be blamed entirely on the intentionality of evil American society, not on the intentionality of people taking acts today.
01:01:53.000No, by the way, nobody is poor in the inner city today.
01:02:51.000It's a part of our constitutional makeup.
01:02:53.000The founding fathers were very explicit that they did not want to have a national church.
01:02:58.000So, can a candidate like Ted Cruz run on essentially saying he would ignore that part of the Constitution if you're saying he's a president who would actually run on the Constitution?
01:03:23.000And the idea is there are two separate things, right?
01:03:26.000It shall establish no religion, and there shall be no infringement on freedom of religion, right?
01:03:30.000This is the way that the First Amendment is phrased.
01:03:33.000Okay, and these are to be read together.
01:03:35.000The idea is that the reason that the government can't establish a religion
01:03:38.000Is because if it established, say, Catholicism as the national church of the United States, it would end up cracking down on all other churches in the United States.
01:03:45.000Separation of church and state doesn't mean that a politician can't find his values springing from the Bible.
01:04:39.000In fact, one of the stupidest things about 501c3 law, as it currently stands, is telling rabbis and priests and pastors that they can't have impact on political matters.
01:05:11.000I don't think we're one minute away from saving the country.
01:05:14.000I think that not only are we going to have to force the Republicans' feet to the fire to hold fast against President Obama or Hillary or anybody who appoints leftist judges to the Supreme Court, we're going to have to go further than that.
01:05:24.000We're going to have to start preparing for the day when states start forcibly resisting.
01:05:31.000Forcibly resisting federal mandates that are unconstitutional.
01:05:34.000Because there will come a time when the federal government passes a law that cracks down on the rights of citizens, and state governors are going to have to say, you do not step past this line.
01:05:44.000If you step past this line, there will be resistance.
01:05:47.000Because somebody is going to have to do this.
01:05:49.000There's still people in this country who take their rights seriously.
01:05:51.000And the longer this goes, the bigger government gets, the greater that conflict appears in that rearview mirror.
01:05:57.000And things are already closer than they appear.