00:16:52.080Those phrases have to be given meaning and not be relegated to mere surplusage,
00:16:56.740and that is a common principle of constitutional interpretation.
00:16:59.680Any meaningful analysis of this case has to really begin with Justice Thomas' dissenting opinion,
00:17:05.260which at 91 pages is the second longest dissent ever written in the history of the Supreme Court,
00:17:10.620particularly long compared to the 26-page majority opinion.
00:17:15.580Now, normally you would say length doesn't matter, and that would typically be true.
00:17:19.760But in this case, it is not because Justice Thomas offered so many indicia of historical intent and original intent in the draft in Congress that went completely.
00:17:30.120We're going to put up the entire testimony of Chris Kobach.
00:20:42.120And then you have these sanctuary cities, sanctuary states,
00:20:44.680and really successions are saying, no, we're not going to enforce federal law.
00:20:48.260How do you, Chris Kobach, as attorney general and a constitutional expert
00:20:52.180and immigration expert, how is the nation supposed to work through that, sir?
00:20:56.220Well, we have to have the rule of law intact. And there has been since 1996 a statute in the federal books that says that sanctuary cities are illegal. You can define sanctuary cities and sanctuary jurisdictions, not just cities, in different ways.
00:21:13.920This one is a fairly narrow definition, but it still catches New York, catches California, catches all of the big ones around the country. And they're just violating the federal law.
00:21:23.720And you you have to have an ability to enforce that law. The U.S. Justice Department is now under Trump's second term, especially, you know, going after some of these jurisdictions.
00:21:34.320But these fights are long and drawn out in court. It didn't used to be this way.
00:21:39.940Let's let's go back in time to 1996 when Bill Clinton signed this very pro enforcement law into effect and signed the Welfare Reform Act into effect.
00:21:50.260Back then, Democrats agreed that we should enforce our immigration laws.
00:21:53.620And so when they wrote the law that says you can't have sanctuary cities and sanctuary states, they didn't put a hammer in it.
00:22:00.580They didn't say, and if you disobey federal law, here's what's going to happen.
00:22:13.500So the breakdown of the rule of law leads to the breakdown of our sovereignty and leads to the fracturing of our society, as you suggested, Steve.
00:22:26.160When you testify, let's talk about the rule of law.
00:22:29.500When the decision came out on the 14th Amendment by the Supreme Court, it seemed to me that Justice Thomas was having a cry for help about the rule of law, and you brought it up in your testimony.
00:22:40.660this decision seemed like it kind of tossed the law out and had all these weird theories
00:22:45.900about kind of blood and soil coming from england uh anglo-saxon law back then and justice thomas
00:22:53.100was actually talking about the rule of law so make it make sense for us of where we are in this
00:22:57.660decision when you talk about the rule of law and something the basic like somebody born in the
00:23:01.740country are they a citizen or not sir yeah um so i i think this five four majority decision will go
00:23:09.680down in history as one of the greatest mistakes the Supreme Court made of all time. It'll be
00:23:14.880alongside Plessy v. Ferguson, which was separate but equal, Roe v. Wade inventing the invisible
00:23:20.900right to an abortion, Dred Scott declaring that free blacks in the pre-war United States were
00:23:27.980not citizens. It's one of those big errors. I mean, it is so obviously wrong. There are lots of
00:23:33.200decisions as a conservative originalist that I think the Supreme Court has issued over time,
00:23:37.980and I can say, well, you know, I see their argument there. This one is just really poorly
00:23:43.260reasoned. And let me quickly summarize why. Justice Thomas, which really his opus is just
00:23:50.040a magnificent scanning of all of the evidence. And when you're looking, you're trying to define
00:23:55.080what the words subject to the jurisdiction thereof mean, which is you can only become a
00:24:00.080citizen by birth if you're subject to the jurisdiction of the United States and wherein
00:24:03.860they reside. And the framers of the 14th Amendment were very clear. Senator Trumbull, I've got a
00:24:10.780quote right here. He was one of the key senators who drafted it. He said, what do we mean by
00:24:15.360subject to the jurisdiction of the United States? Not owing allegiance to anybody else. That is what
00:24:20.120it means. And wherein they reside, and this is important to Thomas's descent, means you have to
00:24:26.640have residence in the United States. You can't be a temporary visitor. You can't be an illegally
00:24:31.700present person in the United States. So Thomas started with the text, which is where you should
00:24:36.080begin. Then he looks at what the framers of the text, of the drafters of the text said,
00:24:40.480and they were uniformly of the view that you could not be a citizen of another nation. In other words,
00:24:46.500the parents of the child could not be a citizen of another nation, and they had to have a residence
00:24:52.480in the United States. And then you look at what the Congress and what the executive branch did
00:24:57.040in the immediate decades afterward, and in the Enforcement Act of 1870, Congress, the same
00:25:03.560members of Congress who had just drafted the 14th Amendment, passed a federal statute that said,
00:25:08.680you know, effectively enforced the terms of the 14th Amendment and said, if you were born to
00:25:13.020someone temporarily in the United States, you're not a citizen. So that's what they understood.
00:25:17.560And then you go on and you look at subsequent Supreme Court decisions, and the Civil Rights
00:25:22.020Act of 1866. The whole point of the 14th Amendment in the minds of many people in Congress at the
00:25:26.840time was that, look, we just passed the Civil Rights Act, which gives citizenship to people
00:25:30.720who owe no allegiance to any foreign power and are born in the United States. But the Democrats
00:25:35.580could take over Congress and they might just repeal this. Or a subsequent Supreme Court could
00:25:42.040say, you know, Congress didn't have the authority in 1866 to pass this. They didn't have a
00:25:45.860constitutional power to do so. So they passed the 14th Amendment and it was ratified. You have all
00:25:50.360of that evidence. And instead of engaging the debate, the majority opinion just kind of ignores
00:25:56.220most of what Thomas says. And then, as you mentioned, Steve, goes back 400 years to a feudal
00:26:02.260rule that said in England, where when you were born, you owe allegiance to the Lord of the soil
00:26:08.080and says, yeah, this old rule probably was informing what the framers of the 14th Amendment
00:26:13.820thought. It's a long tradition, common law, yada, yada. But there was nothing in the Congress when
00:26:21.060it drafted the 14th Amendment. No one was suggesting, hey, we're going back to the old
00:26:25.400feudal rule here, right, everybody? No. The Revolutionary War, 250 years ago, we're celebrating
00:26:31.040our independence. That was a rejection of feudal principles of being a subject. In America, we are
00:26:37.120citizens, and it is a different concept. So it's just so bizarre to compare the two opinions. And
00:26:43.320we are in a strange situation now where there's a clearly wrong opinion, but not unlike back in
00:26:50.760when we had, you know, separate but equal with Plessy v. Ferguson or Roe v. Wade. The Democrat
00:26:55.820Party, in all of these cases, is celebrating the opinion and saying, okay, the debate's solved.
00:27:01.360Everybody move on now. We aren't going to talk about this issue anymore. But the rest of the
00:27:05.820country has to say, wait a minute, the Supreme Court made an error here. It was a very close
00:27:09.900decision. Any serious constitutional scholar or person who just reads the Constitution and follows
00:27:15.740this stuff can look at it and say, yeah, this decision doesn't make sense. And so that means
00:27:21.520that the issue has to be pressed. And it is not over because we cannot let an error like this
00:27:27.060stand. It is a clearly wrong interpretation of what the words of the Constitution obviously mean.
00:27:36.820Attorney General Kobach, can you just hang on for one second?
00:27:38.940We're going to take a short commercial break.
00:27:40.000I just want to spend a minute or two with you on the other side
00:27:42.100about your recommended action plan going forward.
00:27:45.700One of the smartest guys in the country,
00:27:47.200not just simply about the Constitution, but all things immigration.
00:27:50.420The Attorney General of the great state of Kansas, Chris Kobach,
00:30:23.880They're violating the law. And by the way, China is the number one country where its citizens are engaged in birth tourism, paying billions of dollars to have kids with U.S. citizenship.
00:30:35.160The problem, I mean, the content of the executive order is great. I think it needs to be a statute, though, to get Justice Kavanaugh's vote.
00:30:42.460And then hopefully a narrower pass at this issue can get the Supreme Court to correct itself.
00:30:48.660and we could go 5-4, 6-3 the other way, possibly with Chief Justice Roberts.
00:30:53.580But right now, we can't just sit on our hands and say, oh, the decision's decided because
00:30:58.980it's not decided correctly and it was a 5-4 decision, which is an inherently unstable
00:31:03.400So I would say, yeah, pass the statute.
00:31:05.240That's what Congress was looking at when I was testifying the other day, Pat, you know,
00:31:08.780looking at statutory actions that Congress can take.
00:31:13.200Kobach, why is this the most expensive?
00:31:15.200Why are they so focused on spending millions of dollars to try to defeat you as the attorney general of the great state of Kansas, sir?
00:31:23.120I think part of it is because during the last two years, the Biden administration, we brought so many lawsuits.
00:31:30.180Kansas led so many lawsuits against the Biden administration, and we won the overwhelming majority of them.
00:31:36.060It was the only states that brought 12 or more lawsuits, led them, were Kansas and Texas.
00:31:40.740So I think they are still stinging from that. And they also know that Kansas is more pink than it used to, than deep red, which it used to be. And I only won by less than 2% last time. So they think they can take me out and they want to take me out. So it's going to be a very tough battle.
00:31:57.420where do people go to find out everything about this campaign where they go to find out everything
00:32:03.020about you as attorney general all the information they can go to your campaign site or the state ag
00:32:07.700your social media where do they go for all of it uh attorney general probably the best way
00:32:14.140especially if someone wants to to contribute you know any amount can help uh it is chris
00:32:19.040kobach.com k-r-i-s-k-o-b-a-c-h.com and and can chip in there would really appreciate any help
00:32:26.040people can offer. Attorney General Kobach, you're a good man and you're one of the greatest attorney
00:32:32.900generals in this country. So thank you so much for coming on here. Appreciate you. Thank you,
00:32:37.780Steve. Thanks for your kind words. Folks, he's a fighter. I want to say something. Garrett Lewis
00:32:44.300is going to join us in Arizona in a minute. I got records. I'm going right to records right now. But
00:32:48.160the Treasury Secretary comes on, Kobach comes on, Navarro, Andy Brown from London, from Semaphore,
00:32:54.060not a right-wing publication why they do that it's not me it's not the great real america's voice
00:32:58.420partners we have in the team in in denver denver helps to do shows not my own team
00:33:03.440it's because of you they want access to this audience why because you move the needle you're
00:33:10.060the most powerful group of populist nationalists ever collected because you're the leaders of the
00:33:15.020maga movement and uh and when you decide when you make a decision that something's going to happen
00:33:20.400when you use your agency and that's what this show is about is giving you the content to use
00:33:26.360your agency people know things happen uh jim records uh i know you got a bounce i want to
00:33:31.820talk about the special again but just your closing thoughts and observations of what you've heard this
00:33:36.300morning sir uh well we can start uh steve by putting peter navarro's mind at ease the fed
00:33:42.500is not going to raise interest rates at the september 16th meeting uh there'll be some
00:33:47.340inflation numbers between now and then, but they won't matter. They're not going to raise interest
00:33:50.320rates. The meeting after that, the Fed meeting, is October 28th. It's five days before the election.
00:33:56.420Does anybody think the Fed's going to raise rates five days before the election? The idea that the
00:34:01.120Fed is apolitical is nonsense. They're highly political. December, we'll get to it when the
00:34:05.520time comes. That's pretty far away. But they're not going to raise interest rates. The narrative
00:34:10.320on Wall Street was that employment report was really strong, which it was. That was real.
00:34:14.620Therefore, the economy is running hot.
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