00:00:09.000Today on the Charlie Kirk Show, we unpack the Democrats' court packing scheme as well as Amy Coney Barrett's beginning confirmation fight on Capitol Hill.
00:00:18.000We go through insight that no one else has and also into the deep history of the U.S. Supreme Court.
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00:01:28.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:40.000It is a big week for the Republic and a big week for those of us that love liberty and the Constitution.
00:01:47.000Right now, as we are doing this show, Amy Coney Barrett is in front of the United States Senate for a confirmation hearing and a confirmation battle.
00:01:58.000And already, as predicted, the Democrats have gone out of their way to not yet attack her.
00:02:03.000They already did that in her prior hearing to become a federal judge, but to attack the entire process, the idea of filling the seats.
00:02:11.000Senator Lindsey Graham did a very good job of preempting this attack and rebutting it.
00:02:19.000However, before we get into the back and forth of the different senators, which is very important, let's talk about Antonin Scalia.
00:02:25.000Antonin Scalia really was one of the most impactful judges in U.S. history, one of the least appreciated.
00:02:36.000He believed that the words that were written in the United States Constitution matter.
00:02:42.000Now, Antonin Scalia was confirmed to the United States Supreme Court through the U.S. Senate of a vote of 98 to nothing.
00:02:50.000Now, mind you, those were different times.
00:02:52.000He was nominated by President Ronald Reagan and swiftly put to the U.S. Senate after a vacancy was opened.
00:03:01.000Scalia was kind of a newfound type of Supreme Court justice.
00:03:08.000He was not an activist and he was not a constructionist.
00:03:11.000And so this is a very important distinction.
00:03:13.000A constructionist, a strict constructionist, would believe that you only look at the words of the U.S. Constitution with no reason, no fair reading, and that's a term that Scalia would use.
00:03:28.000And it's the words as they say they are.
00:03:29.000So Scalia thought this was rubbish and nonsense.
00:03:32.000Being a textualist, he argued, would be saying that the First Amendment, of course, applied to speech outside of a government building.
00:03:45.000So, Scalia thought that you must apply the philosophical roots and foundations behind the Bill of Rights and the amendments of the Constitution, not put some sort of reading into it that you want to have some sort of desired policy objective.
00:04:00.000But an originalist or a textualist gives a fair reading and a reasonable approach to the United States Constitution and the Bill of Rights.
00:04:10.000Now, constructionists almost went away completely after Scalia.
00:04:14.000And Scalia waged a philosophical counterattack against the dominant judicial opinions of the 60s and 70s and early 80s, which were the Warren Court and the Burger Court.
00:04:27.000Through those courts, we got Roe versus Wade.
00:04:29.000We got a sequence of very, very bad, highly politicized, left-wing, anti-constitutional decisions.
00:04:36.000Anthony Scalia was in the vast minority throughout almost all of his career up until his sudden death in, I think, January, February of 2016, right before the presidential election.
00:04:50.000Anthony and Scalia argued that the U.S. Constitution was not just the greatest document ever written in the history of the world, but it provided a framework for the decentralization of power.
00:05:02.000A question that you should ask a young person in your life is: why are we so free?
00:05:08.000Are we free because of a Bill of Rights?
00:05:27.000He talked about checks and balances and the need to be able to have one party being able to hold another party accountable.
00:05:37.000The idea of dominating the U.S. government is really hard.
00:05:41.000In fact, Scalia argued that we must actually admire the gridlock, that the difficulty of passing legislation is part of the beauty of the United States system.
00:05:54.000that it's hard to be able to pass wide-sweeping reforms as you want.
00:06:02.000Antonin Scalia was interviewed by Peter Robinson and Uncommon Knowledge from the Hoover Institution.
00:08:16.000Gorsuch and Kavanaugh were not on the court.
00:08:20.000Nine years later, here we are today, where a lawkirk for Scalia is now sitting in front of the United States Senate to give a permanent 5-3 solid constitutional majority for those of us that love the Constitution and appreciate originalism.
00:08:39.000Now, mind you, Amy Coney Barrett considers herself to be a student and a follower in the footsteps of Antonin Scalia.
00:08:58.000The great dissent always came from Antonin Scalia.
00:09:01.000Because Anthony and Scalia believe firmly that you should not use the courts to make America in your image.
00:09:09.000That you should not use the courts as some sort of playbox or just some sort of creative paradigm to put forward America how you want it to be done.
00:09:26.000It's not what they thought, it's not what he thought the judges should be.
00:09:29.000Instead, he said, if you want a certain law to be passed, and that's what Congress is for, what is a judge?
00:09:37.000A judge is there to interpret the laws, to analyze whether or not the laws are constitutional, whether or not you have gone outside of the parameters set forth in the framework of the U.S. Constitution.
00:09:49.000And now today, for the first time in my lifetime, in the lifetime of anybody listening, you have a chance to swing the courts back to a constitutional majority.
00:09:59.000An opportunity that is only afforded to us thanks to President Donald Trump, President Donald Trump, who has made good on his promise to nominate Gorsuch, Kavanaugh, and now Amy Coney Barrett.
00:10:13.000Anthony Scalia was not optimistic nine years ago, but he's smiling down from heaven today, where now he is seeing an opportunity for the courts to go in a direction that will protect individual liberty, that will restrict out-of-control government, freedom of expression, religious liberty.
00:10:32.000It happened because conservatives got serious about the courts in 2013 and 2014.
00:10:38.000As Mitch McConnell took back the U.S. Senate in 2014, President Donald Trump won in 2016.
00:10:46.000Look, you guys have heard me talk about Good Ranchers before.
00:10:49.000You guys looking for dinner tonight, dinner tomorrow?
00:10:51.000Maybe you're driving from work and you're like, oh, I'm responsible for dinner tonight, or I don't know what I'm going to do.
00:10:56.000But what if I told you that there's a website, in a couple clicks, you can get meat delivered straight to your door?
00:11:30.000And the Turning Point team and the Charlie Kirk team, they came back and they said, this is American meat the way it should be, delivered to your door, tasty, marbled beef.
00:11:41.000In fact, they were doing Instagram stories with their beef.
00:12:22.000And while Amy Coney Barrett continues her hearings, which it really hasn't been much of hearings, it's more been her hearing the complaints of Senate Democrats and the defenses of Senate Republicans.
00:12:40.000Is that my Democratic colleagues will say this has never been done and they're right in this regard.
00:12:46.000Nobody's, I think, has ever been confirmed in election year past July.
00:12:51.000The bottom line is Justice Ginsburg, when asked about this several years ago, said that a president serves for four years, not three.
00:12:59.000There's nothing unconstitutional about this process.
00:13:02.000This is a vacancy that's occurred through a tragic loss of a great woman, and we're going to fill that vacancy with another great woman.
00:13:11.000The bottom line here is that the Senate is doing its duty constitutionally.
00:13:19.000The Senate is doing its duty constitutionally.
00:13:21.000And Senator Lindsey Graham is making the argument that many decent Americans agree with: the U.S. Senate was given to Republicans in 2018, and they advanced their majority because of the courts.
00:13:35.000It was the Kavanaugh issue that swung the Senate majority in Republicans' favor, where they were able to win decisive Senate victories in Missouri, in Indiana, in North Dakota, that delivered a victory for Mitch McConnell and Senate Republicans to advance their majority to where it is today.
00:13:56.000The question is: how far are Senate Democrats willing to go to attack Amy Coney Barrett?
00:14:03.000What lengths are they willing to go to?
00:14:05.000Well, their opening shot is all about health care, which is politically very smart.
00:14:09.000The health care issue is one that Democrats are winning because I think Republicans a lot of times refuse to criticize the corporatist mindset in the medical field in our country, where a lot of hospitals are in very troublesome relationships with pharmaceutical companies and deliverers of medical care.
00:14:32.000And patients sometimes end up on the wrong side of that.
00:14:35.000Now, the Democrats' policy prescription of this is horrendous.
00:14:46.000However, the Democrats, their opening shot was all about this.
00:14:51.000So Amy Klobuchar went on about health care and about Donald Trump getting the Chinese coronavirus, none of which is, by the way, at all relevant whatsoever to the hearing.
00:15:01.000And this hearing is supposed to be about Amy Coney Barrett, not about health care.
00:15:05.000And they're connecting it through Obamacare, which is a complete and total disaster.
00:15:09.000Raised premiums, medical excise tax, individual mandate, and they kind of tie this all together into all of a sudden they think Obamacare is super popular.
00:15:18.000Now, mind you, do you notice that whenever Democrats talk about health care, they call it the Affordable Care Act.
00:15:25.000Obama went out of his way to call it Obamacare.
00:15:27.000He called it on his website in all of the deliberation hearings.
00:15:31.000And now that the idea of Obamacare is unpopular, now they call it the Affordable Care Act.
00:15:40.000See, we kind of have short memories at times in the conservative community.
00:15:43.000We forget how disastrous Obamacare has been for mid-sized hospitals, for middle-class families, expanding the Medicaid roles, over 27 new taxes, raising premiums, making state budgets go bankrupt and broke.
00:16:00.000Not to mention doing nothing to actually address the core problem of healthcare in our country.
00:16:06.000So in the midst of a financial crisis, back in 2009, when millions of people were out of work, the biggest economic collapse since the Great Depression, not because of all of Wall Street's behavior, but also because of bad behavior from Washington and from monetary policy, Barack Obama went out of his way to revolutionize and to bring us on the path to nationalize health care.
00:16:31.000Well, because healthcare, if you are able to have the government take over health care, then you have basically nationalized the entire country.
00:16:38.000It's one sixth of the American economy.
00:16:41.000It is something that every human being has to deal with at some point.
00:16:44.000It is where the most private, most personal decisions are made.
00:16:48.000And if you are able to nationalize health care, then you are able to nationalize a country or socialize that country.
00:16:56.000And still to this day, when people know the facts about Obamacare, they believe firmly that it should be repealed in part, in full, with everything except maybe pre-existing conditions.
00:17:09.000And the entire issue of pre-existing conditions is one that is completely misrepresented.
00:17:14.000So Amy Kolbuchar goes on this long diatribe about Obamacare, about how wonderful it is, but never calls it Obamacare because she knows that term is unpopular in the eyes of the American people.
00:17:27.000You guys have all seen Social Dilemma, Netflix.
00:17:29.000Well, maybe not Netflix because they're a pedophile network.
00:17:32.000But if you've seen Social Dilemma, which, again, I'm not exactly sure how you square that, they talk about how tech insiders explain how social media is engineered to exploit users' data for profit.
00:17:46.000Look, I'm cool with normal capitalism where I'm willing to participate in the transaction, like every time I go to the store to buy food.
00:17:52.000But when my data is being harvested so tech billionaires can get even richer, that's where I draw the line.
00:17:57.000And that's why I put a layer of protection around my data with ExpressVPN.
00:18:01.000Every time you use the internet, big tech companies and the surveillance capitalists and the oligarchs, they track your searches, messages, and video history.
00:18:09.000But when you run through ExpressVPN, it hides your IP address, which websites can use to personally identify you.
00:18:14.000That makes your activity more difficult to trace and sell to advertisers.
00:18:17.000ExpressVPN also encrypts 100% of your internet data to keep you safe from hackers and from prying eyes.
00:18:23.000Many VPNs slow down your internet, but not ExpressVPN.
00:18:46.000So Amy Coney Barrett is going through a confirmation fight right now, where mostly it's just senators bloviating about either healthcare, their political preferences, or Republicans defending them.
00:18:58.000Senator Ted Cruz said, what speaks the loudest is the dog that doesn't bark.
00:19:49.000I just want to say, Senator Klobuchar said a number of things about COVID that I agree with.
00:19:55.000She cited a bunch of really painful stories in Minnesota, and similar stories could be told from across the country.
00:20:02.000I even agree with parts of her criticism of the mismanagement of COVID by Washington, D.C.
00:20:08.000I don't know what any of that has to do with what we're here to do today.
00:20:13.000And Senator Ted Cruz continued with his remarks after Senator Ben Sasse said this: Democrats' vision of the court is the most undemocratic things we've ever seen.
00:20:23.000They want, quote, unelected philosopher kings in black robes with life tenure decreeing policy for 330 million Americans.
00:20:33.000Now, a philosopher king is actually a phrase that was first coined by Plato in Plato's Republic, Plato, who was a student of Socrates and the teacher of Aristotle.
00:20:46.000Plato believed firmly that a small, educated group of almost technocratic type individuals should make decisions for the rest of the country or the rest of the citizenry.
00:21:05.000These are the central planners that think they know how to run your life better than you do.
00:21:11.000What's very interesting, and I think Republicans have missed a massive opportunity, we have lived right now in the last seven months through the most awful, immoral, and intentional failure of central planning in the history of our country.
00:21:34.000The philosopher kings that the Democrats want to give more power to couldn't even get the virus right.
00:21:41.000How are they supposed to get health care right for 330 million people?
00:21:44.000Understand, every single policy argument that the Democrats make essentially is based on giving power to an elite ruling class that believe they can make the decisions better than you can.
00:22:44.000Science has always been about protecting the voice of the minority.
00:22:50.000How would Galileo have been treated by these people?
00:22:54.000Galileo famously theorized the heliocentric theory of the sun actually being the center of our galaxy, not the earth being the center of our galaxy.
00:23:07.000Now, mind you, this was considered to be heretical teaching by many of the people in the scientific community of the Catholic Church.
00:23:15.000Galileo was actually tried and imprisoned for his teachings, his scientific discovery on the heliocentric theory of the sun.
00:23:28.000Galileo was unapologetic in being contrarian, in showing science.
00:23:34.000And the same scientists that warned us that Sweden actually might be onto something, which they have been, Sweden is now the blueprint for the rest of the world.
00:23:44.000Thomas Erdnick, reporter for the New York Times, in June said that Sweden is enacting a pariah state.
00:23:53.000And last week, he says that Sweden is the model for the rest of the world and they have the scourge under control.
00:23:58.000Thomas Erdnick from the New York Times.
00:24:35.000Academics tend to like the living constitution because they deal in theory, not in practice.
00:24:42.000They deal in esoteric ideas, not in tangible dealings of law.
00:24:50.000So Anthony and Scalia used to make the argument of there's a difference between academics and judges.
00:24:55.000Judges are people that have no bias whatsoever, and they might even make decisions that they know will have negative implications, but that's not what the law warrants.
00:25:05.000Whereas an academic will say, how do I make my worldview fit into this tightly worded sentence?
00:25:14.000For example, the U.S. Constitution might say that for the provide for the general welfare.
00:25:24.000Anthony and Scalia will look in time, context, philosophical underpinnings of what does that mean provide for the general welfare.
00:25:32.000Anthony and Scalia would say for the basic protection of equal rights under the law.
00:25:38.000Where a Democrat or an activist judge would say, provide for the general welfare, they'll say, well, that means that everyone has a right to health care.
00:25:45.000And Antonin Scalia would say, the founders and any sort of judge or any sort of republic since then has never said that they want health care to be a human right in that sense.
00:25:57.000Where do you find that sort of precedent?
00:25:59.000And someone like Ruth Bader Ginsburg or someone like Breyer or Sodomayora Kagan would say, well, because it says general welfare.
00:26:06.000We can make it whatever we want it to be.
00:26:08.000That is where the courts have gone wrong in the last 40 years.
00:26:11.000And Antonin Scalia, being the voice in the darkness, now through Amy Coney Barrett, is about to have the majority position on the United States Supreme Court, where you don't get to make the laws in your image.
00:27:24.000The only Democrats that might break in his favor might be Joe Manchin, but Joe Manchin's not in an election year, so he's probably a firm no on this process.
00:27:33.000Man, I would have loved to have had Joe Manchin and John Tuster be taken out in the 2018 midterms.
00:27:41.000And so the Senate Republicans are now going forward to fill this vacancy, which is their constitutional obligation, and it is the moral thing to do.
00:27:54.000And John Cornyn, senator from Texas, said, you stand accused of intending to violate your oath before you even take it.
00:28:05.000In the end, a judge's internal compass, her commitment to the rule of law, rather, is the most important constraint upon any sort of judicial willfulness.
00:28:16.000But you're being asked to abandon that, judge.
00:28:21.000You stand accused of intending to violate your oath before you even take it.
00:28:28.000Further, our Democratic colleagues want you to guarantee a result in a case as a quid pro quo for your confirmation.
00:28:39.000So you see very clearly the Democrats versus the Republicans.
00:28:44.000The Democrats want to use this as political posturing.
00:28:47.000And in fact, as I'm watching these confirmation hearings, I'm seeing every Democrat, they have pictures of people that allegedly would lose access to health care if Obamacare were to be struck down.
00:29:21.000The Democrats say, well, a lot of people might suffer.
00:29:24.000And while that might be a very good argument as to why to pass a different law or public policy, that's not how you're supposed to interpret law.
00:29:38.000Because they're supposed to be completely dressed down of any prejudice that they enter into, and they're supposed to have an equality and a non-bias and a blindness to bias.
00:29:50.000What made the United States Constitution so different is an idea that you could get a fair hearing in our courts.
00:29:58.000One of my favorite parts of the U.S. Constitution that is almost never talked about is Article 1, Section 9.
00:30:05.000You go to most people in constitutional courses at Harvard, Stanford, Yale, and they will not be able to tell you the significance, or even some of them might not be able to recite the actual Article 1, Section 9.
00:30:32.000That everyone in our country has equal rights and a fair hearing in front of the court of law.
00:30:38.000The U.S. Supreme Court is no different.
00:30:40.000That every law must be compared against the U.S. Constitution as whether or not it is constitutional in nature.
00:30:47.000It is irrelevant whether or not that law was written by a crony donor, by a K-Street lobbyist, or by a middle-class worker in Sacramento.
00:30:56.000In this country, the way it's supposed to be is that the sob stories that the Democrats are parading around are completely irrelevant to the constitutionality of a law.
00:31:08.000With the ever-increasing numbers of makes and cars, it could be very confusing.
00:33:51.000The U.S. Constitution does not specify how many seats there should be on the U.S. Supreme Court.
00:33:57.000There is plenty of history to try and they can go back to where there used to be 11 seats on the U.S. Supreme Court and FDR tried to pack the courts unsuccessfully in the 1930s.
00:35:19.000Colorado, Maine, and Arizona are the three potential biggest pickups for the Senate Democrats, followed by Iowa and Montana.
00:35:33.000I'm going to tell you right now, Joni Ernst is going to win in Iowa, and Steve Daines will win in Montana.
00:35:40.000That takes those two off the boards, off the board.
00:35:43.000Therefore, in order for Chuck Schumer to become Senate majority leader, and that would only get them to 50, so they'd have to take the White House with it, they'd also have to probably flip South Carolina or Texas or Georgia.
00:35:57.000Now, Lindsey Graham's in a tough race right now.
00:35:59.000Jamie Harrison is raising money like it's going out of style.
00:36:06.000I mean, that's Robert Francis O'Rourke-style numbers.
00:36:09.000But let's say that Lindsey Graham holds on with South Carolina.
00:36:12.000Even if Republicans lose Maine, Arizona, and Colorado, they are still at 51 votes.
00:36:23.000So I would say right now, because of Tom Tillis in North Carolina and Cal Cunningham's, let's just say, interesting news stories that have come out on Cal Cunningham, which are not good at all for him.
00:36:38.000I think that the Republicans stay in control of the U.S. Senate.
00:36:42.000But let's say that Tom Tillis does lose.
00:36:46.000Then it becomes the tiebreaker as the vice president of the United States.
00:36:50.000So the tiebreaker would then be either Mike Pence or Kamala Harris, who would then become the president of the Senate, is their technical term.
00:37:01.000They actually have, they're the only person in the entire U.S. Constitution that actually has overlap between two separate branches of government, is the vice president.
00:38:13.000If Mark Kelly were to win in Arizona, he would be seated almost immediately because it's a special election.
00:38:19.000And Mark Kelly would be up again in 2022.
00:38:23.000So if Mark Kelly were to win as he campaigns as a moderate in Arizona, all of his advertisements are about bringing people together and finding common ground and not disrupting the status quo.
00:38:37.000Do you think Mark Kelly, being a newly minted U.S. Senator, is going to be quick to all of a sudden vote for packing the court?
00:38:45.000So even if the Senate Democrats were at 51, they immediately go to 50.
00:38:50.000And then you're trying to tell me that other at-risk Democrats in Nevada, Colorado, and New Hampshire are going to be sudden to pack the U.S. Supreme Court alongside Joe Manchin and John Tester.
00:39:11.000They are fearful that their indulgence in radicalism will lose them the House of Representatives in 2022.
00:39:19.000And Nancy Pelosi will send a memo to Chuck Schumer saying, do not do this.
00:39:23.000Because more so than even the Senate casualties of Mark Kelly probably losing in 2022, if he were to win, I want to preface that.
00:39:30.000Or Joe Manchin losing eventually in West Virginia, or John Tester losing eventually in Montana or New Hampshire or Colorado and Nevada, all of which are up in 2022.
00:39:40.000Nancy Pelosi would almost assuredly lose her House majority in 2022 if they were to pack the courts.
00:39:48.000And if Nancy Pelosi was okay with it or voiced support for that.
00:39:52.000This is only more evidence of why Mitch McConnell and Senate Republicans should confirm Amy Coney Barrett.
00:40:04.000They are threatening decent Americans and reasonable Americans saying, we will pack the Supreme Court if you do this.
00:40:26.000The Republican Party will be more unified than ever before.
00:40:28.000And when the Republican Party is unified, Democrats always lose.
00:40:30.000They try to add seats to the U.S. Supreme Court.
00:40:33.000Even if they were to win back the Senate, I just went through the math, it would take a clean sweep because we're dealing from a 54-majority.
00:40:38.000If you count the flip in Alabama, which is just going to happen, Tubberville's up 18 points in Alabama in a presidential year, Doug Jones is a dead man walking.
00:40:47.000So that means they have to win Colorado, Maine, Arizona, and pick up either an Iowa or a Montana or a South Carolina.
00:40:53.000And that also doesn't factor in maybe John James winning in the great state of Michigan, which can completely change the balance.
00:41:00.000And it doesn't count Tom Tillis in North Carolina.
00:41:03.000So this idea of the Senate going into Democrat hands, I say to you, Chuck Schumer, you know, in order to pack the courts, you got to control the Senate.
00:41:10.000And there is no assuredness, there is no guarantee, I should say, that's a better way to say it, that you are going to control the U.S. Senate coming into 2022, coming into the next cycle, 2021.
00:41:23.000Mitch McConnell knows what he's doing.
00:41:25.000The more that Amy Coney Barrett is shown on television, the more Republican favorability goes up.
00:41:31.000But even if it meant that the Republicans were going to lose the Senate to add a Supreme Court seat, I am always a believer you pick the tough fights and you win the tough fights, regardless of the political cost, because almost always the political reward is more seats and more promise and more votes of approval, I should say, from voters.
00:42:58.000Sir, I've got to ask you about packing the courts.
00:43:00.000And I know that you said yesterday you aren't going to answer the question until after the election.
00:43:04.000But this is the number one thing that I've been asked about from viewers in the past couple of days.
00:43:08.000Well, you've been asked by the viewers who are probably Republicans who don't want me continuing to talk about what they're doing to the court right now.
00:43:15.000Well, sir, don't the voters deserve to know?
00:44:45.000Well, yeah, that's actually kind of a big deal to conservatives: whether or not you're going to add seats to the U.S. Supreme Court.
00:44:53.000Joe Biden has been asked about this repeatedly.
00:44:57.000Joe Biden has been put on the spot and he refuses to answer.
00:45:00.000It's kind of the new equivalent of the Nancy Pelosi deal.
00:45:03.000Nancy Pelosi taught when she was talking about Obamacare.
00:45:06.000She said, we must pass Obamacare to find out what's in it.
00:45:10.000Well, now we must elect Joe Biden to find out what he's going to do.
00:45:15.000Can you believe millions of people are voting for this guy?
00:45:19.000Can you believe that millions of people are voting for a power-hungry, ladder-climbing socialist co-running alongside a person that will not tell you whether or not they'll pack the U.S. Supreme Court?
00:45:36.000And today, I don't know if we have sounded this.
00:46:53.000And quite honestly, I've been very surprised.
00:46:55.000He was always described to me as kind of a moderate corporate type, and he's been the exact opposite.
00:47:01.000He's been a grassroots conservative, so articulate, and he loves the tough fights.
00:47:08.000So let's play clip 14, Josh Hawley from Missouri.
00:47:12.000Bedrock principle of American liberty is now under attack.
00:47:18.000That is what is at stake when we read these stories attacking Judge Barrett for her faith.
00:47:23.000That is what is at stake when my Democratic colleagues repeatedly questioned Judge Barrett and many other judicial nominees about their religious beliefs, about their religious membership, about their religious practices, about their family beliefs and practices.
00:47:37.000That is an attempt to bring back the days of the religious test.
00:47:43.000That is an attempt to bring back the veto power of the powerful over the religious beliefs and sincerely held convictions of the American people.
00:47:53.000And that is what is at stake in this confirmation hearing.
00:47:58.000So I think it would be helpful if we get, we'll pull tape of Diane Feinstein attacking Amy Coney Barrett.
00:48:04.000Because a lot of these senators are kind of just dancing around what was the pre-existing attack on this nominee's faith back when she wanted to become, when she was becoming a federal judge.
00:48:14.000Almost every senator is mentioning it.
00:48:16.000And Diane Feinstein, who, of course, might have been driven to the confirmation hearing this morning by her Chinese agent, Driver of 20 years, went out of her way to attack Amy Coney Barrett for her Catholic beliefs and her Catholic faith.
00:48:32.000Senator Sheldon Whitehouse is that really his name is White House?
00:48:38.000I just thought it was something different.
00:49:00.000The senior senator from Texas introduced in committee the circuit court judge who wrote the decision on appeal, striking down the ACA.
00:49:09.000Senator Cornyn has filed brief after brief arguing for striking down the ACA.
00:49:14.000He led the failed Senate charge to repeal the ACA in 2017.
00:49:18.000He said, I've introduced and co-sponsored 27 bills to repeal all, to repeal or defund Obamacare and have voted to do so at every opportunity.
00:49:27.000And now, talking about socialized medicine, the old Republican battle cry against Medicare, Senator Cornyn and all of our colleagues on this committee are pushing to get this nominee on.
00:49:39.000So their entire line of argumentation is all about health care.
00:49:44.000It's all that Republicans want to take your health care away, Republicans want to take your health care away.
00:49:49.000And I just get exhausted by this argument.
00:49:51.000It's not a proper role of government to administer you health care.
00:50:04.000Now, with that being said, Republicans should challenge corporate interests more to be able to make it easier for you to be able to get market-based health care, price transparency, challenging the pharmaceutical lobbies, favored nation clauses.
00:50:18.000All those things I think are perfectly good uses of time, and some of those can be done on a bipartisan consensus.
00:50:24.000But to all of a sudden say that Republicans want to take your health care away, well, maybe they're just challenging the idea of what is a right?
00:50:50.000You have a right to assembly, a right to consciousness, a right to property, a right to self-defense, a right not to be accused of something falsely without the ability and the capacity to defend yourself, the right of due process.
00:51:04.000The Ninth Amendment, which is the most forgotten amendment.
00:51:08.000The Ninth Amendment is that there are rights that are given to you naturally that are not always articulated in the U.S. Constitution.
00:51:15.000It's actually the forgotten amendment, but one of the most important amendments that basically says there's all sorts of other God-given rights that we weren't able to cover in this document.
00:51:24.000Meaning, the Founding Fathers were not arguing that they had an exhaustive list in the Ninth Amendment.
00:51:30.000The 10th Amendment, that all rights that are not that are not specified in the U.S. Constitution, are given to the people or the states, the states of the people.
00:51:43.000The question is: where do rights come from?
00:51:45.000John Locke made the argument that our rights were given to us by God.
00:51:49.000His treatise on who we are in the state of nature was transformational.
00:51:55.000So there are three social contract theorists, and every single human being that votes in our presidential election should be able to tell you the three social contract theories, who they are, why they thought what they did.
00:52:07.000Now, mind you, I would venture a guess less than 1% of 1% would be able to tell you the three social contracts, three solar contract theories.
00:52:16.000There's Jean-Jacques Rousseau, Thomas Hobbes, and John Locke.
00:52:21.000Without getting too deep into the philosophy of it, Jean-Jacques Rousseau and John Locke disagreed completely as to where rights come from, therefore, what is the proper role of government.
00:52:32.000Thomas Hobbes believed that human beings were awful in the state of nature, that life was nasty, brutish, and short, and therefore he argued for a very big government to take care of people.
00:52:46.000We have lived through in the last nine months the greatest erosion and the greatest attack of our natural rights, God-given liberties, and freedoms in the history of our country, and we let it happen.
00:54:16.000I do have my concerns about a guy that believes in post-birth abortion, keeping borders wide open, taking wealth forcibly away from people, perfectly okay with rioting, looting, and arson, calling yourself a Catholic, but I'm not exactly well-versed in the Second Vatican.
00:54:36.000But I will say this: that Dianne Feinstein attacking Amy Coney Barrett on her deeply held Catholic beliefs is reprehensible, but it's predictable.
00:54:47.000And the Democrats, I think, are trying to be disciplined here in this hearing.
00:54:50.000And as we are watching this very long hearing, it's really not even a hearing.
00:54:58.000It's Amy Coney Barrett listening to all of them.
00:55:00.000It's these senators bloviating, getting their television time.
00:55:04.000And again, these Republican senators, God bless them, I think, are doing a great job.
00:55:07.000These Democrats are fear-mongering endlessly.
00:55:10.000But here's exactly what's going to happen this week: they are going to put Amy Coney Barrett on the stand, specifically on the issue of Roe versus Wade and healthcare.
00:56:35.000And I'm not saying the virus is not a real thing.
00:56:37.000I'm not saying that you shouldn't take proper precautions if you're at the at-risk category.
00:56:42.000I know better than anyone else that you can have real casualty and real tragedy at the hands of this virus.
00:56:46.000But I also will not defend foolishness.
00:56:50.000So whoever's in charge of this whole thing, where you have to wear the Batman mask and sit 95 feet away from each other.
00:56:57.000And by the way, on top of that, you have to listen to Senator Harris all day long while she doesn't have to wear a mask and she gets the Skype and zoom in.
00:57:05.000So Senator Harris isn't wearing a mask while she's asking the questions.
00:57:08.000Or you say, well, she's Skyping and zooming in.
00:57:10.000Well, then why couldn't they have Amy Coney Barrett do that?
00:57:34.000Almost every European system, when I visit Europe, explaining the three branches of government is very difficult because for them, the chief executive is an adjunct of the legislative.
00:57:47.000Meaning the chief executive, if they don't like the chief executive in the legislative branch, they just do a vote of no confidence and they remove them.
00:57:55.000There is no disagreement between the executive and legislative.
00:57:59.000There is at times that if they don't like them, they'll just call a no-confidence vote and they're gone.
00:58:03.000This idea that every branch is co-equal, however, exists together for the same purpose.
00:58:11.000Where do you think they got that idea from?
00:58:14.000Where do you think the idea of a triune executive comes from?
00:58:20.000Well, originally, it came from the Old Testament, in the book of Isaiah, where God is the lawgiver, the law interpreter, and the law, you could say, implementer.
00:58:31.000When Israel lived for 400 years without a standing army or a police force, they did it because everyone knew the law.
00:58:40.000And that idea of the American system of government eventually originally came from there.
00:58:44.000It was articulated through Aristotle, who conjectured it.
00:58:46.000Cicero really laid it out really well.
00:58:48.000Cicero, one-year Roman Council, right before the fall of the Roman Republic into the Roman Empire, and eventually Montesquieu.
00:58:56.000And Mike Lee articulated this better than I think anyone else.
00:58:59.000And by the way, congratulations, Mike Lee, for overcoming the Chinese coronavirus.
00:59:05.000For months, we have been warning that these lockdowns that we have been enforcing across the country are not just draconian, they are dreadful.
00:59:17.000They are harmful to the backbone and the spirit of humanity.
00:59:22.000The World Health Organization now has come out and said the Chinese coronavirus lockdowns are against public health, as if it's a matter of fact, by the way.
00:59:33.000You understand how evil this whole thing is, right?
00:59:35.000How immoral this entire exercise has been.
00:59:52.000You have allowed the entire Western world to shut itself down.
00:59:56.000100 million people are going to go back into poverty because of food supply chains and energy supply chains being completely disrupted.
01:00:03.000100 million people are going to go back into poverty on the planet because of lockdowns.
01:00:08.000And you said, the only time we believe a lockdown is justified is to buy you time to reorganize, regroup, and rebalance your resources, protect your health workers who are exhausted.
01:00:16.000But by and large, we'd rather not do it.
01:00:19.000Lockdowns just have one consequence that you must never ever belittle, and that is making poor people a lot awful poor.
01:00:28.000It's not just making poor people poorer.
01:00:31.000It's the depression, the suicide, the alcoholism, the social isolation, the childhoods that are robbed.
01:00:37.000Do you know that there are schools, there are parks that are not allowing children to play with each other?
01:00:44.000If we would have said a year ago that we are not going to allow kids to play with each other, we would have called DCFS, the Department of Child Family Services.
01:00:52.000The World Health Organization comes through and says the last thing any country needs is to continue to be shut down.
01:01:03.000We shut down our country the last nine months, which will go down as the worst mistake in the history of our country in the Western world.
01:01:10.000150,000 small businesses have gone under and they will never recover.
01:01:14.000Families are on the verge of bankruptcy.
01:01:16.000The entire economic landscape will be permanently disrupted for a generation.
01:01:20.000We will lose more people, young people, to suicide than the Chinese coronavirus.
01:01:27.000And yet we are convinced, we've convinced ourselves that staying at home, sheltering in place, not trying to develop therapeutics or better means of dealing with the virus instead of running away in this idea of safetyism, sacrificing liberty, sacrificing responsibility, sacrificing humanity.
01:01:47.000And I have learned something, and Dennis Prager convinced me of this, and I would have disagreed with him five years ago.
01:02:51.000We're taught the exact opposite in modern indulgence culture.
01:02:54.000We're taught that you're free if you don't have restraints.
01:02:58.000You're free when you can do whatever you want to do, whenever you want to do it.
01:03:01.000But the biblical principle remains true today as it did when Harvard Law School was founded, that you are actually free when you have self-control.
01:03:09.000They're actually free when you put restraints on yourself.
01:03:12.000Freedom comes from sometimes not doing something.
01:03:18.000Freedom actually comes from freedom from addiction, freedom from certain possession of bad material or bad behavior.
01:03:28.000And yet, in the last nine months, we have convinced ourselves that we can micromanage and centralize all of humanity because we want to keep people safe.
01:03:37.000They were lying to you and us when they said they could keep us safe.
01:03:41.000And President Trump was always on the right side of this.
01:03:51.000Yet today, as we do this broadcast, California and New York are still locked down primarily with indoor dining, schools barely reopening because they value power and control, and the citizenry is allowing it to happen because liberty is difficult.
01:04:18.000What a great episode that was, everybody.
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