Joe Biden has created a constitutional crisis on the southern border, and it s all because he wants to keep the borders wide open to allow millions of illegal immigrants to pour across the border into the United States. In order to do so, he needs to get rid of the Border Patrol, which is a federal mandate, not a state mandate. The federal government has one job and one job only in the end, and that is to protect you, the American people. That s why it is up to the President of the USA to enforce those laws, and why it s an evil thing to leave the border wide open. And why is Joe Biden doing this if he refuses to enforce the laws that govern the border? And why should the President be the one to enforce them, if Joe Biden is so committed to open borders that he is willing to abandon his own country in order to get those borders? Today's episode is all about how Joe Biden's border policies have created a crisis, and how they have done so by making the border open to millions of people, and by encouraging the drug cartels to cross the border and flee across the U.S. without any kind of legal protection. The border crisis is a manufactured crisis created by a man who is committed to an open border. crisis, not by a government that cares about protecting its own people. It s a crisis that was not a problem during the Trump administration, it s a problem that was created by Joe Biden, and is now a problem under the Biden administration, and Joe Biden s border policies are making things worse than they were ever were going to be a problem in the first place in the country, and now they are going to get any chance to have a chance to get a fair shot at a chance at a fair chance at the border at all. at least they will be able to do anything at all they can get a shot at securing the border, no matter what they do. Learn more about the crisis, here. The immigration reform that s going to fix the border in this episode of 'The Swamp Dweller' on tonight's episode of The Swamp Dwellers. by going to the Swamp Dwelling on it! and why you should be worried about the border is a problem, not the border crisis and why they should have a better one. in the next episode of the immigration reform podcast, coming soon. Subscribe to our new episode of Swamp Thing, coming to you soon.
00:00:00.000So yesterday afternoon, Governor Greg Abbott of Texas issued a letter basically announcing that the state of Texas was going to start enforcing the border.
00:00:08.000They put a bunch of fencing in the middle of the Rio Grande, barriers in the middle of the Rio Grande to prevent people from crossing the border.
00:00:14.000The federal government has objected to that.
00:00:16.000They've used razor wire in state parks that are on the national border.
00:00:21.000And the federal government has objected to all of that.
00:00:24.000Well, yesterday, Greg Abbott, looking at the crisis that has been created by Joe Biden on the southern border, issued what is a rather historic letter.
00:00:31.000And we're going to go through it in its details because what we are watching is now a constitutional crisis that is created entirely by Joe Biden and his evil activities on the border.
00:00:42.000It is an evil thing not to enforce the border of your country, to purposefully say that you're going to leave the border wide open, which is what Joe Biden has done.
00:01:39.000In the estimates on the number of illegal immigrants who have entered the country, It ranges from a low.
00:01:44.000The low would be like 6 million people have entered the country illegally under Joe Biden.
00:01:49.000There are certain estimates that put that upwards of 10 million.
00:01:52.000And there's no real way to know because, of course, there are a bunch of people who ran across the border and got away, and those are unknown gotaways.
00:01:57.000There are known gotaways and unknown gotaways.
00:02:00.000But Joe Biden has facilitated all this with terrible border policy.
00:02:08.000Again, the federal government has one job and one job only in the end, and that is to protect you, to protect your rights.
00:02:15.000There are already laws on the books that prevent illegal immigration.
00:02:18.000Those laws have been in place for decades in the United States.
00:02:21.000It is up to the president of the United States to enforce those laws.
00:02:25.000And again, it is worth noting here that leaving the border wide open is not just incentivizing the Mexican drug cartels to move millions of people across the southern border, It is incentivizing the Mexican drug cartels to move tons of fentanyl across the southern border, which is being used to kill effectively 100,000 Americans a year, depending on the numbers that you're using when it comes to drug overdose.
00:02:47.000Those drugs are pouring over the border.
00:02:49.000Again, this is all facilitated by Joe Biden's policy.
00:02:52.000This was not a problem during the latter years of the Trump administration.
00:02:57.000And it is under Joe Biden, and it is a manufactured crisis.
00:03:01.000Because Joe Biden has decided, just legally speaking, that he was going to get rid of Romaine in Mexico.
00:03:05.000He was going to suggest that if you arrive on America's southern border, throw up your hands and say, I am here because I fear to go to my home country.
00:03:11.000Then we have to process you and release you into the interior of the United States within 72 hours.
00:03:16.000That is basically how Joe Biden's border policies work.
00:03:19.000And he has staffed 90% of border patrol on busing and administrative duty, leaving the rest of the border wide open for the Mexican drug cartels.
00:03:29.000He's turned Border Patrol into a ferry service for illegal immigration.
00:03:33.000They will openly tell you that that is what they are now.
00:03:35.000It used to be that it was their job to track down people who were illegally crossing the border so that they could be detained and then deported.
00:03:41.000And now it is their job to basically act as a facilitation service for illegal entry into the country.
00:03:49.000And there must be a rationale because he is so committed to open borders that he is scuttling his own desire for Ukraine aid, for Israel aid, for Taiwan aid in order to keep those borders open.
00:03:58.000Republicans have proposed fixes on the border that would, for example, most important fix would be not only the Reinforcement of Remain in Mexico, which was a Trump-era policy that Joe Biden refuses to enforce, which would simply say that if you're applying for asylum, you have to wait in Mexico while that asylum request is processed, which would mean that most of those people aren't getting in the country, as opposed to now they arrive, and then again, we detain them for five seconds and then release them, and they quote-unquote wait in the interior and then never show up again.
00:04:57.000That Joe Biden and a lot of Democrats believe that many of the illegal immigrants who are crossing the border are going to eventually become Democratic voters.
00:05:04.000And for all the people who are saying, well, you know, they can't vote because they're illegal immigrants.
00:05:08.000You don't need the illegal immigrants to vote.
00:05:09.000All you need to do is for them to get married.
00:05:12.000I have a bunch of young single men who are crossing the border.
00:05:14.000All they have to do is marry an American citizen, and they are now sponsored for citizenship.
00:05:18.000They can now get their green card, which moves them towards citizenship.
00:05:20.000Plus, there is the bet that the Democrats are making that eventually somebody's going to amnesty all these folks, and they'll become American citizens, at which point they're going to vote for Democrats.
00:05:29.000And why would Democrats not think that, given the fact that many of the people who are crossing the border right now are chanting Joe Biden's name?
00:05:37.000Or maybe it's because Joe Biden is ideologically captured by his radical left flank.
00:05:41.000A radical left flank that believes that America is in fact a guilty country on the world stage and therefore has some sort of moral duty to open its borders wide to anybody who wants to come into the country.
00:05:51.000Whatever the reason, Joe Biden has abandoned his duty as president and all of this is the predictable result.
00:05:55.000So, the predictable result is that the state of Texas is looking at this and they're saying, we are getting smacked in the face by illegal immigration.
00:06:02.000We are being told that we have to basically swallow it.
00:06:05.000When the federal government decides not to enforce the law.
00:06:08.000And this raises a bunch of really deep legal and constitutional issues.
00:06:11.000But we have to lead with the moral because here is the reality.
00:06:13.000Joe Biden could solve this tomorrow by simply enforcing the border.
00:06:16.000And by the way, the American people should solve this by not reelecting Joe Biden.
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00:07:22.000So yesterday, Greg Abbott, governor of Texas, put out a statement.
00:07:25.000Here's what it said, quote, The federal government has broken the compact between the United States and the states.
00:07:30.000The executive branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now.
00:07:37.000President Biden has refused to enforce those laws, and he's even violated them.
00:07:40.000The result is that he has smashed records for illegal immigration.
00:07:44.000Despite having been put on notice in a series of letters, one of which I delivered to him by hand, President Biden has ignored Texas's demand that he perform his constitutional duties.
00:07:51.000President Biden, says Greg Abbott, has violated his oath to faithfully execute immigration laws enacted by Congress.
00:07:57.000Instead of prosecuting immigrants for the federal crime of illegal entry, President Biden has sent his lawyers into federal courts to sue Texas for taking action to secure the border.
00:08:04.000President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants.
00:08:09.000The effect is to illegally allow their en masse parole into the United States.
00:08:13.000That's the so-called catch and release program.
00:08:14.000Instead of detaining people until they actually have their asylum hearing, instead, they have an initial hearing, and then they are released On their own recognizance, into the interior of the United States.
00:08:26.000I mean, the average right now is probably 72 hours, what I've been told by people at Border Patrol.
00:08:31.000Greg Abbottes, by wasting taxpayer dollars to tear open Texas's border security infrastructure, President Biden has enticed illegal immigrants away from the 28 legal entry points along the state's southern border, bridges where nobody drowns, and into the dangerous waters of the Rio Grande.
00:08:46.000One of the things drug cartels are doing right now is they don't actually want illegal immigrants processed at these stations.
00:08:51.000They want to flood certain border points With illegal immigrants, so as to draw the Border Patrol to those areas where it is their duty to care for the illegal immigrants who are entering the country and claiming asylum.
00:09:03.000Well, if you take all the people who are spaced along the border, and there aren't that many Border Patrol agents, you have them spaced along the border trying to maintain eyes on miles of the border.
00:09:12.000And then you centralize them at this point right here, which is where all the illegal immigrants are rushing across, not any Border Patrol station.
00:09:46.000Constitution foresaw that states should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border.
00:09:54.000That is why the framers included both Article 4, Section 4, which promises the federal government shall protect each state against invasion, and Article 1, Section 10, Clause 3, which acknowledges the state's sovereign interest in protecting their borders.
00:10:06.000The failure of the Biden administration to fulfill the duties imposed by Article 4, Section 4 has triggered Article 1, Section 10, Clause 3, which reserves to the state the right of self-defense.
00:10:14.000For these reasons, I have already declared an invasion under Article 1, Section 10, Clause 3 to invoke Texas's constitutional authority to defend and protect itself.
00:10:21.000That authority is the supreme law of the land and supersedes any federal statutes to the contrary.
00:10:25.000The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority as well as state law to secure the Texas border.
00:10:42.000People who are accusing him of having done so thus far by having Texas state troopers put out razor wire in state parks, they don't know what they're talking about.
00:10:52.000The Supreme Court ruled recently that the federal government has the capacity to Withdraw the razor wire, but they said nothing about whether the state of Texas is allowed to put up the razor wire.
00:11:04.000So the Supreme Court did not rule that it was illegal for the state of Texas to, for example, put barriers in the Rio Grande.
00:11:09.000They just ruled that the federal government is allowed to remove those barriers.
00:11:12.000They removed an injunction against the federal government right there.
00:11:15.000It didn't say what Texas was doing was illegal in any way.
00:11:17.000So anybody who's telling you different in the media today that Texas is doing something illegally, that is not true.
00:11:22.000Now, if Texas were to prevent the federal government from actually dismantling the razor wire, for example, then you start to get into some dicey legal issues.
00:11:31.000So, let's get to exactly what Joe Biden is doing here that is facilitating all of this.
00:11:36.000So, first of all, he's exploiting the law for his own agenda.
00:11:42.000Now, he's following Barack Obama's example in doing this.
00:11:44.000He's been using executive action to stop prosecution of so-called dreamers, right?
00:11:48.000That's the same thing that Barack Obama did.
00:11:51.000A DACA, the Deferred Action for Childhood Arrivals program, that's been kicking around the legal system since, like, 2010.
00:11:56.000And some people have ruled it illegal and others have ruled it not illegal.
00:12:01.000In 2020, the Supreme Court ruled that the Trump administration couldn't even rescind DACA, at least not in the way they did it, which is a ridiculous ruling.
00:12:08.000So they said that Barack Obama could actually issue DACA, which effectively legalized Millions of illegal immigrants.
00:12:14.000But Donald Trump couldn't reverse that policy by executive action.
00:12:17.000He said that he'd fail to go through the Administrative Procedures Act.
00:12:32.000In fact, in 1975, for example, there was a federal case in which the President of the United States refused to actually spend money that had been allocated by Congress for a particular purpose.
00:12:43.000And the Supreme Court found that he couldn't do that.
00:12:45.000That if the Congress said, you must spend X dollars, the President could not spend half of those dollars.
00:12:53.000So if the executive branch is charged with executing the laws, then why in the world would the executive branch have the power to not execute the laws?
00:13:03.000Now, they can claim that they need more resources, but that's not what Joe Biden is really claiming right now.
00:13:08.000He says he wants more resources in order to facilitate more illegal immigration, not in order to actually enforce America's southern border.
00:13:14.000He doesn't want more policing power on the southern border in any real way.
00:13:26.000After all, what else would you do if you were a giant gorilla that got kidnapped from Skull Island?
00:13:30.000Well, eventually, the sheer force and might of the U.S.
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00:14:40.000So, that brings us to a deeper issue, and it's sort of a little bit down the road from where we are right now, because we've not actually gotten there yet, but it's the one that's sort of in everybody's mind, and that is whether the state of Texas can unilaterally enforce immigration law, even if the federal government wants them not to.
00:15:02.000The Arizona governor at the time was a woman named Jan Brewer.
00:15:05.000And that law contained four provisions, the Arizona law.
00:15:08.000The first provision was that it created a state law crime for being unlawfully present in the United States.
00:15:12.000So it was just a federal crime for the illegal immigrants to be in the United States that would be prosecuted by the federal government, then you'd be deported.
00:15:50.000Okay, so that required that if you are a cop and you pull somebody over, you have to check whether they are legally here or not.
00:15:57.000And then fourth, the law authorized warrantless arrests of aliens believed to be removable from the United States.
00:16:03.000So you could just arrest people and then presumably you would turn them over to the federal government.
00:16:06.000So the question on the table, so the Obama administration sued Arizona to stop them from putting this law in place in the same way that currently the Biden administration is trying to stop Texas from enforcing border law.
00:16:16.000The question on the table was whether federal preemption prevented those laws from taking effect.
00:16:21.000So federal preemption is the doctrine that under the Supremacy Clause of the Constitution, which says that the Constitution is the supreme law of the land, so when a state law comes into conflict with a federal law, the state law loses.
00:16:32.000So let's say that the federal law says, for example, that it is criminal to commit some sort of crime.
00:16:41.000The state law cannot then exempt that sort of crime from prosecution by the federal government.
00:16:50.000And federal preemption actually is a little bit broader than that.
00:16:52.000It says that if federal law actually takes up a certain portion of the law, if it occupies that portion of the law, the state laws cannot come into conflict with it.
00:17:00.000So the court in the Arizona case found 5-3, that items 1, 2, and 4 were in violation of the Constitution.
00:17:06.000Those would be the state-created laws that enforce the federal Constitution.
00:17:11.000The court did find, for example, that you could get rid of sanctuary status in the state of Arizona.
00:17:18.000That you could force your state law enforcement officials to check immigration status and report it to ICE.
00:17:21.000But the court found that the federal laws on immigration prevented state laws that created crimes based on federal status.
00:17:32.000Because effectively speaking, what you are now saying is that the state cannot call the bluff of the federal government by enforcing laws that are already on the federal books.
00:17:40.000So if the federal government says it is criminal to cross the border and you should be deported, and then the state passes a law that says it is criminal to cross the border using the federal definition and you will be deported, Or criminalized.
00:18:04.000Today's opinion, approving virtually all of the Ninth Circuit's injunction against
00:18:07.000enforcement of the four challenged provisions of Arizona law, deprived states of what most
00:18:11.000would consider the defining characteristic of sovereignty, the power to exclude from
00:18:16.000the sovereign's territory people who have no right to be there.
00:18:19.000The naturalization power was given to Congress not to abrogate states power to exclude those
00:18:24.000they did not want, but to vindicate it.
00:18:26.000So in other words, what he is saying is that originally the reason immigration law was given to the federal government is because everybody at the beginning of the republic was very much afraid of what's happened in the EU.
00:18:36.000Where say, Italy has open immigration policies and you're Hungary, and you say, I don't want all these immigrants coming to my country.
00:18:42.000But the EU says, no, no, no, you must.
00:18:44.000If one of these countries is wide open, then you have to be wide open.
00:18:47.000So the federal government took control of this, so as to make homogenous immigration law around the United States, so there'd be freedom of travel and freedom of residency inside the United States.
00:18:56.000But in order for that bargain to be upheld, the federal government actually does have to police the border.
00:19:02.000And that's particularly true when you have laws on the books saying that the border must be policed.
00:19:05.000It's one thing if the federal government has passed laws saying we have basically open immigration at this time.
00:19:11.000Because, presumably, those federal laws are part of a constitution that was signed onto by the states.
00:19:15.000It's another thing for the federal government to have laws on the books saying you must police the border and remove illegal immigrants.
00:19:22.000And the federal government, the executive branch, just says, no, we're not going to do it.
00:19:25.000Because now you've abrogated the compact.
00:19:29.000I mean, Scalia said in that case in the dissent, he said the reason the entire issue was federalized was to prevent open migration to one state from affecting all the states.
00:19:37.000And that's basically what Greg Abbott is arguing in this letter.
00:19:42.000Now, that doesn't mean that the Supreme Court is going to vindicate him because after all, the Supreme Court voted the other way in that Arizona case.
00:19:48.000We have no idea what the Supreme Court will do here because the constituency of the Supreme Court has changed since 2010.
00:19:54.000Now that's argument number one, is that basically the federal government has abrogated its constitutional duty and they must be forced to actually enforce the law.
00:20:02.000But then, he makes a kind of unique constitutional argument.
00:20:05.000And this one gets into just, on a legal side, some fascinating and controversial territory.
00:21:16.000He says that under Article 1, Section 10, Clause 3, the state can invoke its constitutional authority to defend its citizens from invasion.
00:21:22.000Now, that could be, as I say, kind of a difficult, controversial legal argument.
00:21:27.000Here's the actual text of Article 1, Section 10, Clause 3.
00:22:04.000It's an urgent, dangerous circumstance in which you have like an actual foreign body that is encroaching over the border, for example, and attacking Texas.
00:22:11.000So, for example, the Mexican cartels just decide one day that they're going to walk over the border with AK-47s.
00:22:19.000Texas does not have to call the federal government, at least not until afterward, and they can shoot the Mexican drug cartel members who constitute an invading army.
00:22:26.000Okay, but what actually Abbott is doing is he is claiming that the massive illegal migration wave doesn't constitute an invasion in sort of a colloquial sense, right?
00:22:38.000The way that you and I say invasion, like meaning like a vast wave of people being facilitated in entry.
00:22:45.000He's actually trying to cite the law under the Constitution of invasion in order to apply to illegal migration, which is, again, I think, legally dicey.
00:22:55.000I think the Supreme Court's gonna have a tough time with that argument, for example.
00:22:59.000So, Texas, for example, I think has a pretty good argument that they can just shoot down Mexican cartel drones.
00:23:04.000If the Mexican cartels have drones over the border, for example, that is a military incursion into the United States.
00:23:09.000Texas should not have to call up the chain to shoot down the drones.
00:23:12.000However, can they just start capturing illegal immigrants and treating them as POWs as you would during an invasion, right?
00:23:17.000I mean, if a Mexican army crossed the border and Texas had to defend itself, it would shoot people and take them POWs.
00:23:22.000So, is that really the situation here?
00:23:26.000Very difficult to say that that's the situation here.
00:23:28.000So he's not... Let's be real about this.
00:23:30.000It's not being treated as an invasion.
00:23:31.000If it were being treated as an invasion, then presumably a lot of people are getting shot on the border, which is not exactly what's happening.
00:23:37.000So again, the better argument here that Abbott is making is effectively that the federal government has abrogated its duty to protect the border.
00:23:45.000And they should be forced, by law, to do that.
00:23:47.000And if they won't do it, then we're gonna do it.
00:23:50.000The argument that he gets to invoke invasion power in order to sort of defend the state against invasion, I think that's a little bit more legally dicey.
00:23:59.000But here, again, as I say, this entire thing could be solved tomorrow by Joe Biden enforcing the border.
00:24:09.000If you do not protect the people of this country because you have made a political decision not to enforce the law, people are going to get mad and they're going to try to find ways to actually enforce the law and protect themselves.
00:24:20.000What we are seeing on the southern border, writ large, is what you are seeing in the New York subway system, writ small.
00:24:26.000Which is, if you remove the cops from the subway system, and then you have criminals who are attacking people, you are going to have people like Daniel Penny who defend the people in the subway car from crazy people who are attacking them.
00:24:37.000And if you leave the border wide open, you are going to start having state authorities say, guys, if you're going to leave, like, we have to defend our citizens.
00:24:48.000The way this gets solved is by Joe Biden actually enforcing the border.
00:24:51.000Okay, so there are a couple on sort of historic precedence for what happens when you have a state-federal standoff.
00:24:57.000And we're not in that position quite yet.
00:24:59.000Because, again, the state of Texas is not telling, for example, the federal government they can't cut the razor wire.
00:25:05.000Greg Abbott has not prevented the entry of CBP onto state lands to cut the razor wire.
00:25:10.000They're just directing new razor wire, which is totally legal.
00:25:13.000The federal government has not deployed troops to open the southern border, and the state government has deployed the Texas Rangers to shoot at them or something.
00:25:22.000But how do these sorts of standoffs historically get solved?
00:25:24.000Because we've had standoffs, state versus the federal government, much more severe than this in the past.
00:25:29.000We'll get to more on this in just one second.
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00:26:45.000The Civil War was basically the states arguing that the federal government did not have the power to enforce laws within their states regarding, for example, the Fugitive Slave Act, or revision of the Fugitive Slave Act.
00:26:58.000They were afraid that basically the federal government was going to start freeing slaves in the South.
00:27:02.000They said that violates the state compact.
00:27:05.000And the federal government said, no, no, no.
00:27:06.000We have the power to do that because you are violating the basic rights of human beings.
00:27:10.000And so we can, we have to preserve the union.
00:27:13.000And that's the fight of the Civil War.
00:27:14.000And the federal government wins that fight, obviously, which is a good thing.
00:27:18.000And then during the Civil Rights Movement, you had the same sort of thing.
00:27:21.000In the aftermath of the passage of Brown versus Board by the Supreme Court,
00:27:26.000you had integration of Southern universities, for example.
00:27:30.000And people forget just how violent and standoffish it got.
00:27:34.000The most famous example is in 1962 at the University of Mississippi,
00:27:37.000which is known also as Ole Miss, that there was a black student named James Meredith,
00:27:42.000who was the first black student who was admitted to Ole Miss.
00:27:45.000And the governor of the state of Mississippi tried to obstruct Meredith from attending.
00:27:49.000And the federal government under JFK actually had to activate first the National Guard, and then they eventually had to activate 31,000 troops.
00:27:57.00031,000 troops to make sure that the campus stayed open.
00:28:00.000The federal government refused to compromise, as they should have, because again, James Meredith had a federal civil right to go to the university.
00:28:07.000Okay, now again, that is the federal government attempting to enforce law, not the federal government attempting to ignore the law.
00:28:15.000The only other example that we have that has ended a different way is the so-called nullification crisis of 1828.
00:28:21.000So, in 1828, the federal government passes a tariff.
00:28:26.000It's a tariff that is designed against foreign goods.
00:28:30.000that are manufactured, because the idea was you're gonna protect the infant industries of the North, these new manufacturing firms, and so you're gonna pass a tariff that basically jacks up the cost of foreign goods that are manufactured to make room for manufacturing in the North.
00:28:43.000And the Southern states are like, this is crap.
00:28:44.000We didn't sign on to the Constitution to be barred from importing manufactured goods and then to have foreign countries retaliate against non-manufactured goods from the United States, which were typically Southern products.
00:28:54.000So the tariffs disproportionately hit the South and disproportionately benefited the North.
00:28:59.000So, Vice President John C. Calhoun, who was a vicious racist and would later make very similar arguments with regard to slavery, but here he made an interesting constitutional argument.
00:29:08.000So he argued that the states had what he called the right of nullification.
00:29:13.000What this meant is that if the state decided that the federal law had gone beyond the remit of the Constitution, states could simply say no and refuse to enforce it.
00:29:22.000And not only refuse to enforce it, could resist it.
00:29:24.000Now, that actually was not such an unusual position in 1828.
00:29:27.000That position had been taken, for example, by Thomas Jefferson, who wrote in a series of missives that became resolutions that are passed by states like Kentucky and Virginia in the late 18th century.
00:29:41.000He wrote regarding the Alien and Sedition Acts, quote, where powers are assumed, which have not been delegated, a nullification of the act is the rightful remedy, that every state has a natural right in cases not within the compact, casus non foderis, to nullify of their own authority all
00:29:54.000assumptions of power by others within their limits. That without this right, they'd be
00:29:57.000under the dominion absolute and unlimited of what's of whosoever might exercise this right of
00:30:01.000judgment for them. So in other words, if the federal government decided that tomorrow is going to just
00:30:05.000violate the constitutional pact and burst its boundaries, that states could have a right to
00:30:26.000The states then being parties to the constitutional compact and in their sovereign capacity and
00:30:30.000follows of necessity, there can be no tribunal above their authority to decide in the last
00:30:33.000resort whether the compact made by them be violated.
00:30:36.000And consequently, as parties to it, they must themselves decide in the last resort such questions as may be of sufficient magnitude to require their interposition.
00:30:44.000That's a fancy way of saying that states Should be able to interpret whether the federal constitution is being violated and the federal government is breaking its bonds with the states and states can then resist.
00:30:53.000Now you can see how this exact logic was then used by the South with regard to slavery.
00:30:59.000The South made the argument, a la Dred Scott, that the Constitution did not mandate the end of slavery or give the federal government the power to abolish slavery or to curb slavery, and that therefore, they had the right to resist that.
00:31:09.000Now, Abraham Lincoln made the argument that that was a wild misinterpretation of the Constitution and the Declaration of Independence.
00:31:19.000Again, this argument has early shades in this terror fight.
00:31:23.000So Calhoun, who's the vice president under Andrew Jackson at this time, he ends up actually resigning the vice presidency in order to become a senator.
00:31:31.000Meanwhile, James Madison, by this point, had actually reversed his position.
00:31:34.000He said that to establish a positive and permanent rule, giving such a power to such a minority over such a majority would overturn the first principle of free government, and in practice, necessarily overturn the government itself.
00:31:44.000So you can see Madison sort of arguing against himself there, right?
00:31:47.000The earlier Madison is saying, well, if the states can't nullify federal law, what stops the federal government from overrunning its boundaries?
00:31:53.000And later Madison is saying, yes, but if a state can nullify federal law, what's the purpose of the federal government?
00:31:58.000So Andrew Jackson, at this point, is the president.
00:32:00.000He took the same position as Madison, which shocked everybody because he was of the South.
00:32:04.000So people thought he was going to take the Calhoun position.
00:32:06.000At an event honoring his own birthday, Jackson raised a toast to our federal union, saying, quote, It must be preserved.
00:32:11.000It was kind of shocking to everybody at the time.
00:32:13.000And then in December of 1832, he made his position even clearer with a very famous piece of writing
00:32:19.000called the Nullification Proclamation, where he said, quote, I consider then the power to
00:32:22.000annul a law of the United States assumed by one state incompatible with the existence of the Union
00:32:27.000contradicted expressly by the letter of the Constitution unauthorized by its spirit,
00:32:31.000inconsistent with every principle on which it was founded, destructive of the great object
00:32:34.000for which it was formed. Disunion by armed force is treason.
00:32:37.000Okay, now, it is worthwhile to pause here and take stock for a second, because there's a
00:32:42.000contrast between what Jackson is saying about the enforcement of law here versus the border.
00:32:47.000So Jackson was saying that because he was president, he had to enforce what the legislature said, which means the state had to listen to him.
00:32:54.000He was not arguing that he could ignore federal law at the expense of the states.
00:32:58.000That if a federal law was passed and the White House just decided to ignore that federal law, that the states would then have to listen to it.
00:33:05.000In any case, things started to really heat up.
00:33:07.000In 1833, the governor of South Carolina actually began organizing armed resistance, and then Congress passed something called the Force Bill, which allowed the Feds to send armed troops to enforce tariff collections.
00:33:17.000So you actually ended up with an almost pre-Civil War, Civil War almost.
00:33:20.000In the end, what ended up happening is that the Feds and the state both backed down, an agreement was reached, which ended up being a compromise tariff.
00:33:27.000So basically, the states used their power to leverage federal change.
00:33:31.000So those are the two examples of what happens when states and the feds sort of face off.
00:33:35.000One is the feds just overrun the states, and the other is they come to some sort of agreement.
00:33:39.000In this particular case, it is Joe Biden who's refusing to enforce the law.
00:33:58.000This sort of stuff is going to become more and more common, more and more inevitable, when the White House refuses to protect its own citizens for political purposes.
00:34:07.000We'll get to more on this in just one second.
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00:35:10.000Okay, meanwhile, obviously all of this is going to play into the 2024 election.
00:35:14.000Joe Biden's border policies are a disaster for him.
00:35:16.000They're a top issue for a lot of Americans.
00:35:19.000And it is amazing to me that Joe Biden thinks that Trump is so weak that he can just continue to run on all of these bad policies.
00:35:25.000I mean, he's banking on the economy somehow recovering enough for people not to feel so terrible about it.
00:35:31.000And there's an economic report that just came out in the last couple of hours suggesting that wages are now outpacing inflation, which would be a very good thing for the United States, but it doesn't mean that the inflation that's been baked into the cake over the last several years hasn't had a massive impact on your prices at the grocery store.
00:35:46.000So if your wages are only now starting to outpace inflation, you still lost money over the course of the last several years under Joe Biden.
00:35:54.000But he's hoping the economy is going to recover to a certain extent.
00:35:56.000He's also hoping that all of his foreign policy snafus are going to somehow iron themselves out, which is not going to happen.
00:36:02.000Plus, Joe Biden happens to, again, be not particularly with it.
00:36:09.000Joe Biden yesterday was endorsed by the UAW, which of course is not a great shock because the greatest scam in American life is the combined power of the UAW and Joe Biden.
00:36:21.000Union power and the Democrats are the single I would put it this simple.
00:36:25.000in American politics, they have been for a long time, it's particularly true of public sector unions.
00:36:30.000UAW, of course, is not a public sector union, it's a private sector union,
00:36:33.000but they've helped bankrupt America's car companies multiple times at this point.
00:36:37.000Of course, they're endorsing Joe Biden, who's basically suggested that the labor theory of value
00:37:02.000I mean, I think, you know, even going forward, when you look at both candidates, it's very clear which one supports working class people and which one doesn't.
00:37:14.000By two simple sentences, Joe Biden bet on the American worker, and Donald Trump blamed the American worker.
00:37:22.000How exactly has Joe Biden helped the American worker?
00:37:25.000I mean, Joe Biden has made everything more expensive for the American worker.
00:37:28.000And again, this sort of attempt to suggest that unions are the reason for American prosperity is completely ahistorical.
00:37:33.000The economic data to back that up are extremely scanty.
00:38:21.000You fundamentally changing it is not a good thing.
00:38:24.000I will say Joe Biden did make a rather large boo-boo the other day.
00:38:27.000He thought he was saying something, I think jokingly, and he actually ends up undercutting many of the arguments he himself has made.
00:38:32.000He says that Donald Trump is a threat to democracy because he's denying elections.
00:38:35.000And then he went to Virginia and suggested that Terry McAuliffe was the real governor of Virginia, which is weird since literally no one believes that Terry McAuliffe didn't lose to Glenn Youngkin.
00:39:24.000And extreme laws passed by Dobbs have no place in the United States of America.
00:39:29.000And then he was jabbering about abortion.
00:39:30.000But you can hear the protesters there.
00:39:33.000And the Biden administration cannot dissociate itself from these wild left-wing protesters.
00:39:38.000Here is John Kirby, the actual presidential spokesperson, because Corny Jean Pierre is awful at her job, saying that everyone has feelings, which is an exciting piece of news.
00:39:47.000But we're also seeing increased polling among the American public that is clamoring for a ceasefire.
00:39:54.000Is the President, you know, is his perspective on this changing at all, given the daily mounting casualty toll?
00:40:03.000Is he starting to rethink whether it might be prudent to ask for a halt in the fighting, and beyond just the pause?
00:40:13.000I would remind that since a very early We have been urging our Israeli counterparts to be careful and precise.
00:40:23.000We have talked about the civilian casualties and how we don't want to see any more.
00:40:29.000We have urged them to take different actions and they have responded to that advice and counsel.
00:40:40.000There are strong feelings here on all sides, as you would expect.
00:41:13.000So New Hampshire, right, where Nikki Haley I mean, she performed strong against an incumbent president, which is effectively how Republicans are treating Donald Trump.
00:41:22.000But she performed strong with independents and Democrats.
00:41:25.000When you look at the New Hampshire primary results, as we observed yesterday, those primary results are largely the effect of independents and Democrats swiveling heavy for Nikki Haley and showing up, and Republicans voting heavily for Donald Trump.
00:41:38.000Well, if that gap emerges in the general election, that's a real problem for Donald Trump, right?
00:41:41.000He needs to win independents and he needs to win Democrats.
00:41:44.000He does need to do that in order to defeat Joe Biden.
00:41:48.000And in order for that to happen, Donald Trump needs to just point at Joe Biden.
00:42:40.000Like if you act crazy, you're going to alienate all of these people with your personality who are attracted by our policies.
00:42:46.000So again, in order for Donald Trump to win the election, all he needs to do is just point at Joe Biden, but he has to stop acting so crazy.
00:42:51.000I understand there are a lot of Republicans who like when Donald Trump acts really aggressive and a little bit crazy because they think, okay, well, that means he's just going to go hog wild on his opponent on the Democratic side of the aisle in the election cycle, or going to go hog wild on the enemies.
00:43:05.000In order for that to work, you have to win.
00:43:07.000In order for that to work, you have to win.
00:43:10.000Again, he will go hog wild on Joe Biden.
00:43:13.000The problem is that if he appears to be unstable in the process, that is not going to help him.
00:43:18.000And I gotta say, the way that he's attacking Nikki Haley right now is not smart.
00:44:00.000Hey, but this this sort of wild attack on Haley as though this is something productive and useful is bizarre to me.
00:44:08.000He's not even attacking her on policy because again, realistically speaking, I mean, here's the I have a dirty little secret for you folks.
00:47:53.000And then you got the liquid that you're gonna pour in.
00:47:55.000The case that I've made is that the liquid that you're pouring in with Joe Biden is not only a toxic liquid, The toxicity of the liquid is small enough to escape the filter that what comes out from the bottom of the filter is a bunch of actual toxic sludge.
00:48:29.000They're also getting filtered out by the checks and balances of American government and by the other people in his administration, which is why the stuff that actually comes out the other end of the coffee filter is decent coffee, despite the rocks.
00:48:40.000Okay, but if you are a person who's just casually watching politics, and that's a little complex, then does this help or hurt?
00:51:06.000Basically, the more people have to overlook in order to vote for Trump, the harder it's going to be for him to win.
00:51:12.000Winning elections is about two things.
00:51:13.000Making it hard to vote for your opponent, making it easy to vote for you.
00:51:15.000And as I've said for literally a decade now about Donald Trump, Donald Trump makes it very hard to vote for his opponent because he's great at attacking his opponents.
00:51:22.000And he also makes it hard to vote for him because the barrier to entry is saying this kind of stuff.
00:51:31.000And I guarantee you that they did not say, go on out there and act like a jackass and go after Nikki Haley in really personal, sexist ways and humiliate Tim Scott.
00:52:12.000If you listen to a political show, understand.
00:52:13.000If you listen to a show like this one, that's a news politics show, understand that you represent, in the United States, Two to three percent of the population.
00:52:21.000Like if you listen to a daily political show in any way, shape, or form, the number of Americans who engage with politics daily in a granular way is really low.
00:52:29.000Most people have not even engaged with this race yet.
00:52:32.000Most people are going to engage with this race in the last month of the election.
00:52:35.000And what they're going to take away is a gestalt of a candidate.
00:52:38.000They're going to take away like, what do I kind of think?