Oh, Canada? Oh, no! A big fight breaks out between USA Hockey and Canada. America is back. And then, how much power does the President actually have? in a very insightful conversation with Professor Yu.
00:00:46.000He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA. We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
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00:01:46.000And also, the machismo of the 1980s is back.
00:01:51.000If you want further evidence that America is back, look no further than an extraordinary nugget of cultural news that happened over the weekend.
00:03:52.000for the record, do you have another example of America booing the Mexican national anthem or the Canadian national anthem when there was...
00:04:00.000Reciprocal type of sports games at that kind of ferocity.
00:04:05.000So you could see the American men, those American hockey players.
00:04:53.000This is a minute-long montage of the whole hockey game.
00:04:57.000Now before I get into that, not only were there three fights, it was nine seconds, you guys can see this on stage, and I just love this spirit of the Americans.
00:05:05.000On enemy territory, the Canadians boo our national anthem.
00:05:09.000I'm sorry, we're not going to put up with that, actually.
00:05:12.000You see, the old way of looking at things, the old way of operating.
00:05:19.000Is that Americans would have bent the knee and allowed our national anthem to be booed.
00:05:49.000The equivalent would be if there was an international football game and it was the NFL versus the Canadian Football League and they came and beat us.
00:05:58.000Not only did we beat them by fighting them, we beat them in the actual sport, 3-1, on their home turf.
00:06:06.000Or dare I say not turf, on their home ice.
00:06:10.000And it just goes to show that the alpha male is ascendant in this country.
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00:15:41.000Where our goal is to push the boundaries on these laws.
00:15:43.000And if we get arrested, then that's Marco Rubio's thing to deal with.
00:15:46.000Because if Germany's going to go gallivant around and act as if, oh, you know, give us more American money, we're going to cut off all the money.
00:15:54.000You guys are becoming the totalitarian lunatics that we once fought.
00:17:46.000I think why people are shocked by what they're seeing right now is we had four years of a comatose executive.
00:17:53.000And now we are being reminded what, as Alexander Hamilton described it in the Federalist Papers, what energy in the executive means.
00:18:02.000The reason the founders put all the executive power into one person, the president, and doesn't really mention anyone else.
00:18:11.000Everyone else in the executive branch is just under the Constitution, an assistant who helps the president.
00:18:16.000The reason they did that is so that our government could act, and these are Hamilton's words, would speed, energy, decisiveness, sometimes secrecy.
00:18:26.000Hamilton said that is the very definition of good government, is to have energy in the executive.
00:18:32.000So right now, what you're seeing is President Trump has won a decisive electoral victory on a clear agenda to cut spending, to reduce...
00:18:42.000The giant bureaucracy that's wasting billions and billions of our dollars.
00:18:48.000And he's being confronted by the people who lost in the system.
00:18:52.000And notice, they're not fighting him in Congress.
00:18:55.000This is not an area where the president and Congress disagree.
00:18:58.000This is because the people who are losing this political fight are trying to go to judges.
00:19:03.000And look, there's 900 federal district judges in the country.
00:19:07.000So these losers in the system, people receiving federal grants, People who've received government contractors, federal employees, they're cherry-picking judges like in Boston or Rhode Island, Washington State, who they know are going to be hostile to President Trump's agenda.
00:19:25.000And they're trying to get them to say, hold on, stop what President Trump is doing.
00:19:31.000I hope and I believe that this will mean that these cases will get accelerated to the Supreme Court, because that's the Supreme Court's ultimate job.
00:19:39.000It's to make sure that the federal judiciary speaks with one voice.
00:19:42.000And I think Trump's going to do a lot better at the Supreme Court than he's going to do before some retired trial judge, say, in Rhode Island or Washington state.
00:19:51.000But ultimately what President Trump is doing is that he's bringing back energy to the executive for the benefit of the American people.
00:20:44.000Because of that, oh, then the Constitution says, and the president has, right, the responsibility to take care that the laws are faithfully executed.
00:20:52.000He has the powers to do this and that.
00:20:54.000But he's the only one mentioned as having those powers and those duties.
00:20:59.000All the inferior, we call them inferior offices of the United States, they assist the president.
00:21:06.000But I was going to say, don't take my word for it.
00:21:08.000This is the argument that George Washington made.
00:21:10.000This is the argument that Alexander Hamilton made.
00:21:12.000It's even the argument that Thomas Jefferson, who was no fan of the earlier two, made.
00:21:17.000And it's the view of the Supreme Court.
00:21:19.000So just two years ago, there were these cases that got to the Supreme Court.
00:21:27.000Congress doesn't want to have an energetic executive.
00:21:29.000Congress often wants the executive branch to be split up, disorganized, because that increases Congress's power.
00:21:35.000So what Congress has tried to do has been to prevent the president from firing people in the executive branch.
00:21:41.000And one of those cases got to the Supreme Court two years ago in a case called Seelah Law, and the Supreme Court said no.
00:21:48.000Just like Hamilton said, just like Washington said, just like Jefferson said, and Abraham Lincoln said, the president is the top.
00:21:54.000All the powers you sent, Charlie, is concentrated in that one person.
00:21:59.000And so to be able to make sure the entire executive branch follows his agenda, he must be able to fire anyone with any authority in the executive branch because they only just get it from him under the Constitution.
00:22:11.000So do you believe it is constitutional for a random district court judge in the northern Mariana Islands or wherever to have veto power over the activity of a president?
00:22:25.000And that's another issue that's going to require the Supreme Court to intervene and stop this.
00:22:30.000So a district judge, I often say, a district judge is the king or queen of his courtroom.
00:22:37.000A plaintiff comes in and sues the government and says, the government owes me money, or the government shouldn't be doing this to me.
00:22:43.000And the trial judge can say, okay, government, stop.
00:22:47.000What a trial judge I don't think can do is then say, Not only do I say this individual plaintiff who's shown up in my court wins, I don't think a district judge then can turn around and say, and the government must stop nationwide.
00:23:00.000I'm going to issue, and we call them, universal injunctions that stop the entire government, not just the territory of my court.
00:23:10.000And so, Justice Clarence Thomas has said there was a case a few years ago.
00:23:13.000You might remember the initial travel ban back in 2017. The Supreme Court eventually agreed with President Trump.
00:23:20.000That's exactly what happened back then.
00:23:21.000There were these trial judges in Hawaii, Washington State, not as far as the Mariana Islands, but almost as far, Charlie.
00:23:28.000So you had this case where those district judges stopped the travel ban.
00:23:32.000Ultimately, the Supreme Court agreed with Trump and overruled all those district judges.
00:23:37.000And Justice Clarence Thomas made the same point you did, Charlie.
00:23:40.000He said, how is it that a single trial judge from anywhere in the country can bring the whole government to a halt?
00:23:47.000So he said the Supreme Court is going to have to take that issue up and stop it.
00:23:51.000And I think they're going to do that now.
00:23:53.000So I suppose the declarative decision needs to be made around what does Article 2 say and mean.
00:24:34.000If people were doing what you were doing, reading the text of the Constitution, thinking about how its structure worked, they would come to the right conclusion.
00:24:41.000All of this, I think, was caused by Watergate.
00:24:45.000Until Watergate and President Nixon's resignation, not impeachment, but his resignation.
00:25:05.000And one way to understand the larger picture of what President Trump is doing, he's trying to free the presidency for the benefit of all future presidents.
00:25:13.000And I think to the benefit of the country from what I think were these unconstitutional efforts by Congress to limit the presidency.
00:25:21.000So take, for example, what's going on right now.
00:25:22.000President Trump is finding, thanks to this Doge Committee led by Elon Musk, billions of dollars of excess spending, wasteful spending.
00:25:31.000Hundreds, if not thousands of employees who are not doing anything useful for the country.
00:25:36.000President Trump is trying to go back to earlier presidents and their tradition of saying, look, I don't have to waste money.
00:25:43.000What I should do is run the government efficiently.
00:25:45.000I should try to save money and give it back to the Treasury.
00:26:32.000And that really returns us to how the founders thought the separation of powers would work.
00:26:36.000They wanted a healthy tension between the president and Congress.
00:26:39.000They expected the president and Congress to fight.
00:26:42.000And so, yeah, Congress could try to appropriate all this money to the president, but the president could say, here's a great example.
00:26:47.000What if Congress had built this bridge for $100 million and President Trump says the engineers say he could build it for $50 million?
00:26:54.000Does Trump really have to waste another $50 million?
00:26:57.000Does Trump have to burn $50 million in cash on the ground to live up to Congress's mandate?
00:27:04.000That's the constitutional question that's going to get forward.
00:27:06.000But let me point out something, Charlie.
00:27:08.000Which I think people are missing, which is this is not really a fight about the separation of powers because our Congress right now agrees with President Trump.
00:27:17.000Congress is not doing anything to stop President Trump.
00:27:20.000In fact, right, the Congress is the same party as President Trump.
00:27:23.000There is no real conflict between the Congress and President.
00:27:26.000That's why all these weak parties, the ones that are losing in the system, the Democrats, the progressives, they're going to court.
00:27:36.000But actually, I would say the separation of powers is working right now.
00:27:38.000The president and Congress agree that it's time to cut wasteful spending and close down agencies that aren't doing any good for the country.
00:28:47.000So, Professor, why can't President Trump just right now say, To 50,000 employees, you're fired.
00:28:55.000Why does he have to do this administrative leave thing?
00:28:57.000And is the fact that he can't do what he wishes with the employees of the executive branch, is it constitutional?
00:29:06.000It's just like the question you were asking last segment.
00:29:10.000If you look at the Constitution, if you read its text, and you just think about the structure it sets up, you would think that the president could fire everyone in the executive branch because...
00:29:22.000All of them are supposed to be his assistants.
00:29:24.000They're all supposed to be helping him carry out the law to protect the country, carry out foreign affairs, and so on.
00:29:33.000If you look at the Constitution, it's interesting.
00:29:35.000It actually doesn't say anywhere the president has the power to order people to do anything.
00:29:39.000And so we've always thought from the very beginning, from George Washington on, that presidents must have the ability to fire anyone in the executive branch because that's the only way to get them to follow his orders.
00:29:51.000It's either you carry out my view on how to interpret the Constitution or how to prosecute these cases, or you're relieved of duty.
00:30:00.000So what happened is, again, the same story as with empowerment, the same story as with the president's powers.
00:30:07.000Congress has tried to shield as many people as it can from being fired by the president because Congress, over the years, has wanted to expand its own control over the administrative state.
00:30:19.000Now, here, President Trump, you know, we're reading right now about this controversy with the prosecutors in New York City.
00:30:25.000You're reading about President Trump firing people at the National Labor Relations Board and other agencies like the CFPB could go on and on, right?
00:30:35.000These people are not helpful to him to carry out the laws, to carry out his constitutional duties.
00:30:41.000All these people are going to court, even as we speak, to say that they can't be fired because Congress gave them some kind of lifetime, not like they gave them tenure.
00:30:49.000Now, this time, again, President Trump's not fighting with the current Congress right now, which is all in favor of this.
00:30:56.000And here, President Trump is actually going to be playing on the home court because the Supreme Court has made clear in a series of decisions over the last 10 years that, yes, the president's a chief executive.
00:31:11.000Everyone who carries out the law must be accountable to the president and is subject to being fired.
00:31:16.000So I think President Trump's going to win these cases, but that doesn't mean it's not going to be slowed down, again, by all these people who are losing, rushing to court.
00:31:25.000One last point, the CFPB. The CFPB is not even funded by Congress, not controlled by the president directly.
00:31:33.000It's like its own branch of government.
00:31:35.000Part of this is going to be a realignment.
00:32:17.000If President Trump succeeds and the court upholds what he's doing, you're going to see the return of government to the control of people who are accountable to us, people that we elect the president and Congress, rather than this huge mass of unaccountable, unresponsible bureaucrats. rather than this huge mass of unaccountable, unresponsible bureaucrats.
00:32:35.000Professor, finally, the New York Times even agrees that Trump might have a case on birthright What case might that be?
00:32:43.000So the argument is, the 14th Amendment says you're a citizen if you're born in the United States and subject to the jurisdiction thereof.
00:32:51.000That phrase, what does subject to the jurisdiction thereof mean?
00:32:54.000Does that mean that your parents have to be citizens too?
00:32:57.000Or traditionally, as the Supreme Court has said, does it apply to narrow category, including Indians and diplomats and so on?
00:33:06.000On this one, I'm not sure President Trump is going to win.
00:33:09.000I have a hard time seeing Chief Justice Roberts, who's kind of becoming more and more moderate over the years, agreeing with President Trump.
00:33:17.000But President Trump has every right, as the head of the executive branch, to interpret the Constitution.
00:33:22.000And push a case to the Supreme Court and try to persuade the Supreme Court to change its mind.