00:00:00.000Hey everybody, Tana Charlie Kirk Show breaking Supreme Court Strikes Down New York concealed carry restrictions.
00:00:05.000Kelly Shackelford joins us to break down what it means, including another victory he enjoyed earlier this week in front of the U.S. Supreme Court that is great for religious liberty.
00:00:14.000And then we are also going through in great detail.
00:01:10.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:22.000Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at andrewandTodd.com.
00:01:31.000Breaking news today: the United States Supreme Court has a landmark decision, one that will live for quite a long time, God willing.
00:01:43.000The Supreme Court strikes down New York's gun-carrying restrictions.
00:01:48.000The Second Amendment applies outside of the home, the court says, a 6-3 decision.
00:01:53.000It is the New York State Rifle and Pistol Association v. Bruin.
00:01:58.000The Supreme Court has officially struck down a New York gun control law that required people to show proper cause to get a license to carry a concealed handgun outside of the home.
00:02:11.000Marbury versus Madison was a landmark Supreme Court decision that established the principle of judicial review.
00:02:20.000The idea of judicial review is essential to a constitutional republic.
00:02:25.000An independent judiciary must be able to strike down laws and statutes that they find to violate the Constitution.
00:02:34.000It set the precedent, of course, by Chief Justice John Marshall, who was not the first Chief Justice, but he was one that most people reference as the first because he's the best known, because of the precedent of judicial review.
00:02:47.000Now, we do not like judicial activism here on this program.
00:02:49.000We believe the Warren Court and the Burger Court acted with judicial activism in the 60s and 70s.
00:02:56.000But throughout the last couple of years and decades, conservatives and constitutionalists have been taking the issue of the courts more and more seriously.
00:03:04.000And now, finally, we are seeing the fruit of those fights come to bear.
00:03:10.000Someone who actually just won a case in front of the U.S. Supreme Court, we're going to ask him about that.
00:03:14.000And also about this amazing victory, Kelly Shackelford from the wonderful firstliberty.org.
00:03:30.000This has been a battle for a long time.
00:03:33.000Most of you probably don't remember, but for many, many decades, we really had no decisions on the Second Amendment.
00:03:41.000And it was only in recent years that we had that.
00:03:44.000But since that, we really haven't had a lot of development of that.
00:03:49.000But one of the things that Justice Thomas has been saying over and over again, even when they've not taken cases, he'll a denial of cert, he'll put a comment in, which is very rare in a denial of cert.
00:04:03.000Normally, I just say cert denied, you know, seven, eight thousand times a year.
00:04:08.000The point he's made over and over is, why are you treating this right, this individual right, differently and like it's some sort of second class constitutional right?
00:04:22.000You know, you do things to Second Amendment rights of individuals that you don't do to like First Amendment rights of individuals.
00:05:01.000And so Justice Thomas finally kind of got, I think, somewhat of a rebalancing of the rights here and saying that this individual right is like our other fundamental constitutional rights.
00:05:14.000You don't get permission from the government to exercise it.
00:05:17.000And so I think it's a really important ruling.
00:05:20.000And what's so John Roberts sided with the majority here, 6-3.
00:05:25.000John Roberts is always there when we don't need him.
00:05:28.000And however, he did rule correctly, which I will say, that's good.
00:05:34.000Talk about, so you had a big victory recently, last couple of days ago, right?
00:05:39.000The main case that's going to have implications for religious freedom nationwide.
00:05:46.000And that is another question I have about the Second Amendment case.
00:05:48.000So maybe you could answer both at the same time while telling us about your case.
00:05:51.000Is it now true to say that the case in New York will then apply to all other, is now concealed carry a constitutional right in every American state?
00:06:06.000It didn't say that you can't have requirements, for instance, that you have an ability that, you know, for instance, mental illness or, you know, a weapons charge, you know, maybe you're a felon or it didn't say that you can't have restrictions.
00:06:24.000It just said that you can't have a restriction that's not based upon like your ability to carry a firearm, but instead is like, show us your reason, your proper cause.
00:06:37.000So there will still be concealed weapons, concealed carry requirements in states, but it definitely, again, puts the power back in the individual and their Second Amendment rights.
00:06:50.000And it strikes down this idea that you have to prove to the government why you have a right, which is the more important issue there.
00:07:07.000The main case was a, it was a law that said in Maine, most of the public school districts, they call them SAUs, but most of us refer to those as school districts, don't have public schools, especially in the rural areas.
00:07:20.000So they've allowed for years parents to choose where to send their tax money, public or private schools.
00:07:28.000Even out of state, they could even, you know, even out of country was okay.
00:07:34.000But then they decided to put in a provision that said, but we're not going to allow you to pick a school where they teach from a religious viewpoint.
00:08:02.000And so it was just clear discrimination.
00:08:06.000It's a program that was available to everybody.
00:08:08.000Instead of treating everybody the same, they discriminated against religion.
00:08:13.000And the Supreme Court struck that down.
00:08:17.000That's really important in one obvious way, and then I'll go a broader way.
00:08:22.000In an obvious way, because this means every school choice program in the country, wherever they exist and wherever they're passed in the future, it's very clear you cannot exclude religious schools from the parental choices.
00:08:36.000So that does apply to the rest of the country.
00:08:52.000That says it's going to apply everywhere.
00:08:54.000The Second Amendment applies everywhere, but not everybody has this show us your proper cause provision.
00:09:01.000And that's really what was at play in New York.
00:09:03.000To the extent any state tried to do that, it would apply to that.
00:09:08.000So, but the main school choice, religious liberty case will affect every school choice program.
00:09:15.000And again, they said you don't have to do school choice, but if you choose to do any program, not just school choice, notice this, any program where the government provides benefits generally to everyone, you cannot put religious restrictions upon people.
00:09:36.000And so realize, Charlie, that means this will apply outside of just the school choice context.
00:09:43.000There's lots of government programs where they offer benefits to everyone, and then they try to come in and say, but we don't want you to use that for some religious purpose.
00:09:54.000You know, let's take, let's say they were dealing with people who were having problems with drugs and they were teenagers.
00:10:01.000And they had this big program of people who were really helping and showing results with teenagers and getting them off of drugs.
00:10:08.000There are people that would say, well, the religious group shouldn't be able to participate in that program.
00:12:01.000Have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on, the insanity of the gun culture that has now possessed everyone all the way up to even to the Supreme Court.
00:12:31.000You know, if you don't want your statute struck down, maybe pass one that's constitutional.
00:12:37.000But to tell citizens they can't defend themselves unless they show proper cause and prove to you that they have a right to a firearm and violates the Second Amendment.
00:12:48.000You know, I'll tell you, Charlie, something very similar happened.
00:12:50.000You know, we won the lawsuit on Tuesday at Supreme Court against Maine.
00:12:55.000There's a news article today that shows Maine speaking out.
00:12:58.000They said that to rule in that way and allow religious schools to be treated the same was, quote, inimical to public education.
00:13:06.000And then they pushed for it, said, we need to go to the legislature and we need to make sure and pass laws to make sure that no money in any of these religious or Christian schools are used for this backward thinking like LGBT and other issues where the church disagrees.
00:13:22.000So if you wonder if there was animus behind the discrimination against the religious groups, there it is on display.
00:13:30.000So this is the kind of reaction you get from tyrants and people who don't like the Constitution.
00:13:35.000Well, I mean, but can they do that after the Supreme Court decision?
00:13:44.000I think what New York ended up saying is that they're going to try to figure out other ways, the restrictions that they can put in, that will be upheld.
00:13:55.000And they're going to try to work on that.
00:13:57.000But, you know, it just shows all that's going to be evidence.
00:14:01.000Just like if Maine goes back and discriminates again, all of these hostile statements are going to be evidence of their own intent to violate the Constitution.
00:14:16.000My fear, Kelly, my long-term fear, and we saw this with Sanctuary Cities, where cities and states were totally defying federal immigration law and Supreme Court decisions, that they're just going to defy the Supreme Court when they don't like the decisions they don't like and they'll pick and choose.
00:14:33.000Are you afraid we might be going in that direction?
00:14:35.000Because as you know, the Supreme Court has the least enforcement capabilities of any branch.
00:14:48.000And to be honest, conservatives are just as guilty of kind of saying that they want to go there at times.
00:14:55.000But if you'll notice, they're not going there.
00:14:57.000I mean, you've got this New York mayor saying that the decision is horrible and all these things, but she's not saying we're not going to follow it because, you know, the federal courts, the state courts, everyone would apply those and say you will follow it.
00:15:11.000So while that sentiment is definitely there and there is a danger if we ever go there, I do, I don't think we're certainly there yet.
00:15:18.000And people are, I mean, if you look at all these decisions, and there's going to be more that are going to be coming down that they're not going to like, but they're following them.
00:15:27.000I mean, we still got an EPA decision to come down.
00:15:31.000We have the decision on the border to come down.
00:15:35.000We've got our Coach Kennedy case that's going to affect all the school districts across the country.
00:15:43.000So we've got some big ones coming down, and my prediction is they will follow it.
00:15:47.000I think their reaction, Charlie, from the Marxist left is they're going to explode over this, but I think they're going to realize we've got to take over the courts.
00:15:57.000And so they're going to push heavy for court packing.
00:15:59.000You're going to see that really explode over the next week or so when all these decisions are out.
00:16:05.000Keith Olbermann, who's a nothing, said it's become necessary to dissolve the Supreme Court.
00:16:09.000The first step is for the state, the court to now, that has forced on to ignore the ruling.
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00:17:33.000Massive victory on the U.S. Supreme Court today.
00:17:36.000Clarence Thomas writes: as the opinion of the court, in sum, the courts of appeals second step is inconsistent with Heller's, there was a Heller decision previously about 10 years ago, historical approach and its rejection of means and scrutiny.
00:17:55.000We reiterate that the standard for applying the Second Amendment is as follows.
00:18:00.000When the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct.
00:18:09.000The government must then justify its regulation by demonstrating that it's consistent with the nation's historical tradition of firearm regulations.
00:18:21.000Only then may a court conclude that the individual's conduct falls outside the Second Amendment's unqualified command.
00:18:32.000The Second Amendment standard accords with how we protect other constitutional rights.
00:18:37.000Take, for instance, freedom of speech in the First Amendment.
00:18:41.000This is an extraordinary paragraph that we have been waiting for for quite some time.
00:18:47.000That the U.S. Supreme Court is saying that the Second Amendment must be treated with the same respect and protection as the First Amendment.
00:18:56.000That they believe that they are both moral, natural, God-granted rights.
00:19:03.000Not just the freedom of speech and the freedom of assembly or the freedom of privacy in the Fourth Amendment, but also the Second Amendment, your freedom to protect yourself.
00:19:12.000Now, Governor Hochl from New York goes and says gun culture has overtaken the U.S. Supreme Court.
00:19:19.000And she makes a very silly argument saying that, well, back when the Constitution was written, they only had muskets.
00:19:30.000And you should ask her, well, does the First Amendment not apply to Twitter?
00:19:35.000Does the First Amendment not apply to the Internet?
00:19:38.000Does it only apply to writing on pieces of paper?
00:19:44.000Does the Fourth Amendment not apply to government surveillance using technology of your home?
00:19:51.000Do the rights of the Constitution remain even though technology advances?
00:19:57.000Well, the Constitution was not written for the times.
00:20:00.000It was written to stand the test of time.
00:20:03.000You see, the Constitution understood the natural law, as Thomas Jefferson put it in the Declaration of Independence, the laws of nature and nature's God.
00:20:13.000If you study the Declaration of Independence, it is very easy to all of a sudden see all the complaints they put in the Declaration against the king, they go about solving 11 years later in the Constitution.
00:20:28.000Power is too concentrated, so then they have separation of powers.
00:20:31.000We don't have consent, so then they get consent to the governed.
00:20:35.000There's no judiciary that can keep you in check, King George.
00:20:38.000They create the independent judiciary.
00:20:41.000That not one man should be able to have so much power.
00:20:47.000And so at every corner you see, the complaint of the Declaration against King George is solved by the Constitution.
00:20:59.000One of the most powerful phrases in all of the Federalist papers written by John J., Alexander Hamilton, and James Madison is in Federalist 51.
00:21:11.000And in Federalist 51, it argues the structure of the Constitution matters more than anything else.
00:21:21.000But also in the Federalist Papers, in Federalist 51, it says, quote, if angels were to govern men, neither external nor internal controls on government would be necessary.
00:21:32.000In framing a government which is to be administered by men over men, the great difficulty lies in this.
00:21:39.000You must first enable the government to control the governed and next oblige it to control itself.
00:21:46.000Put differently, if all men were angels, no government would be necessary.
00:21:50.000If angels were to govern men, neither external or internal controls would be necessary.
00:21:55.000They were making an observation on human nature.
00:21:59.000They realized that human beings were likely to consolidate power for themselves, act corruptly in a government apparatus, lie, cheat, and steal.
00:22:10.000These are things that we know in the natural law, otherwise known as original sin, that we derive from the teachings of the Bible.
00:22:19.000The founding fathers were steeped in this teaching.
00:22:22.000John Adams himself, a graduate of Harvard University, spoke fluent Hebrew.
00:22:28.000The founding fathers put Leviticus on the liberty bell.
00:22:33.000They were immersed in biblical wisdom, which allowed them to create the structure that then has these different pieces and these parts.
00:22:44.000Kathy Hochl, the governor of New York, she doesn't believe in that.
00:22:48.000She believes now that we have airplanes and Twitter and vaccines, your rights go away.
00:22:54.000We don't believe that as conservatives or constitutionalists.
00:22:58.000We believe the individual is sovereign in 1791 and the individual is sovereign in 2022.
00:23:04.000Regardless of the times you live in, you are still a human being.
00:23:08.000And that really goes to the question that should be asked of Kathy Hochl.
00:23:14.000Now, if she is consistent, she'll say a human being is a collection of cells that develop through millions of years of evolution, accidentally being able to break through consciousness, and we are nothing more than able to feel pleasure and pain, and anything else is an aberration of chemical compounds jolting through your brain.
00:23:32.000If you believe that is what a human being is, then you could reasonably come to the conclusion that the sovereignty is not within the individual.
00:23:40.000But instead, if you believe that human beings were designed and that there is a symmetry, a harmony to nature around you, and that human beings are here for a purpose.
00:23:52.000And if you venture even far enough to say, regardless of your own religious views, mine are well known, we talk about it, but whatever religious view you have, that there is a soul or there is a spiritual dimension to existence, then all of a sudden you treat human beings a lot differently.
00:24:08.000They're not an accident of millions of years of unfolding evolution, but instead they were designed for a purpose as the beings that can speak, that can express.
00:24:20.000And the Constitution is the only document ever, and there's been a couple that have paralleled it, but it was definitely the first, and it's the longest lasting that recognizes what a human being is.
00:24:35.000Not a comedy of errors or an accidental roll of the dice.
00:24:40.000Here's Kathy Hochl making a fool of herself continuously, play cut 91.
00:25:09.000I don't think they envision the high-capacity assault weapon magazines intended for battlefields as being covered with this, but I guess we're just going to have to disagree.
00:25:23.000And the more she talks, the deeper she dives into a hole of her own making and her own creation.
00:25:31.000George Mason, who wrote the Virginia Declaration of Rights, said very clearly: the purpose of the Second Amendment is to be able to have a citizenry armed, if necessary, to be able to fight back against, God forbid, a tyrannical and usurptatious government.
00:25:52.000Well, I'm sure all of Kathy Hochl's bodyguards will switch to muskets sometime soon.
00:25:57.000And Kathy Hochl should understand freedom of speech does not apply to the internet.
00:26:02.000She should tell the people of New York that you are not allowed to speak with any form of technology.
00:26:10.000And in fact, you do not have freedom of movement anymore.
00:26:13.000You must use horse and buggy carriages.
00:26:16.000And Kathy Hochl should get rid of all the electronic voting machines because even though voting might be a right, you're not allowed to use anything with electricity because the founding fathers never would have envisioned using voting machines.
00:26:30.000This is a view that is widespread amongst politicians on the American left.
00:26:38.000And it was dominant for quite some time.
00:26:42.00010 years makes a big difference when we take something seriously.
00:26:48.000Now, you might feel like you're losing your country.
00:27:30.000We've sort of gone off the rails that nowadays, especially with regard to the Constitution, the accepted view and the view stated by my court repeatedly is that the words don't necessarily mean what they were understood to mean at the time, but can be given new meaning.
00:27:54.000It's up to the court to say what they mean today.
00:27:58.000They mean today what they ought to mean today, and it's up to the court to decide that.
00:28:56.000What happened because a billionaire businessman went down a golden escalator and made a series of promises and had the courage to actually fulfill them, changing the court for a generation and preventing Hillary Rodham Clinton and her cartel of criminals from getting back into the White House.
00:29:12.000If Hillary wins the White House, Roe would be made permanent law.
00:29:18.000You don't know what's going to happen there.
00:29:20.000The Second Amendment deal would be upheld.
00:29:23.000And I will compliment Mitch McConnell.
00:29:26.000Yes, the day after I go after Mitch McConnell pretty hard, is that one of the great contributions Mitch McConnell has given to our republic, and there's not many, but that's worthy of recognition, is when Mitch McConnell refused to put Merrick Garland on the U.S. Supreme Court after Scalia passed.
00:30:02.00010 years from Scalia lamenting and railing about how we've gone off the rails.
00:30:09.000And I don't know if we're ever going to get this back.
00:30:11.00010 years later, a court that is the best that's been in, I think, modern American history, if not ever.
00:30:20.000Someone can show me a better court, but certainly not since FDR has there been a court that has loved the Constitution as much as this court and is actually doing something about it.
00:30:43.000Play cut 85, Trump's promise of picking good Supreme Court justices.
00:30:47.000He made the promise and he fulfilled the promise.
00:30:50.000Every single one of the Supreme Court victories that you're about to enjoy is thanks to a billionaire businessman, never who ran for office before, coming down a golden escalator and appointing three Supreme Court justices.
00:31:22.000The Supreme Court, it's what it's all about.
00:31:24.000Our country is so, so, just so imperative that we have the right justices.
00:31:30.000We need a Supreme Court that, in my opinion, is going to uphold the Second Amendment and all amendments, but the Second Amendment, which is under absolute siege.
00:31:40.000I feel that the justices that I am going to appoint, and I've named 20 of them, they will interpret the Constitution the way the founders wanted it interpreted.
00:31:54.000Cut 86, President Trump says he thinks justices should not rule based on what they hear, but instead based on the Constitution.
00:32:00.000He's making a textualist argument here.
00:32:43.000Because if Hillary Clinton would have won that race, if Hillary Clinton would have become president of the United States, you would have had three more Katanji Brown Jacksons.
00:32:54.000You would not have Amy Coney, Barrett, Gorsuch, and Kavanaugh.
00:32:57.000You would have right now, just so you understand the significance of Donald Trump's election, the incredible, just historical implications, you would have Kagan, Sodomayor, Breyer, Roberts, whatever, three Katangi Brown Jackson types, Clarence Thomas, and Alito.
00:33:22.000One election, one term, one president, three justices.
00:33:26.000The fruit that comes out of that, potentially Roe versus Wade being repealed, amazing religious liberty cases, as we just went through in Maine, Second Amendment being upheld and bad laws being struck down via judicial review.
00:34:38.000He's making an argument there for objective truth, the amazing Clarence Thomas.
00:34:43.000And happy birthday to Clarence Thomas, by the way.
00:34:45.000So how did we get here after 10 years?
00:34:47.000We took it seriously, we as conservatives.
00:34:50.000And Mitch McConnell, despite all the nonsense that he's done in recent months, which is plenty, he deserves credit for not allowing Merrick Garland to get on the U.S. Supreme Court and then Donald Trump winning the election and putting three incredible Supreme Court justices in.
00:35:06.000One decade later, Scalia is no longer lamenting.
00:35:10.000He's smiling from heaven and chuckling and saying, for all you libs that hated me, who's laughing now?
00:35:20.000Thank you so much for listening, everybody.
00:35:21.000Email me your thoughts is always freedom at charliekirk.com.