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00:01:35.000So this morning there was some breaking news, and we're going to go through this with some incredible subject matter experts, including the Attorney General of Texas, Ken Paxton, and Josh Hammer, who's a phenomenal legal mind.
00:01:46.000We had one major win this morning with the U.S. Supreme Court and one loss.
00:01:51.000Now, I'm not willing to say it's a major loss because technically it sends it back down to the lower courts to reanalyze the remain in Mexico policy, but it's a loss.
00:02:03.000Based on the headlines and based on the initial interpretation, it seems as if Joe Biden now has the ability and the power to rescind Remain in Mexico and basically not enforce the law at all, basically when it comes to immigration policy.
00:02:19.000Now, when we talk about the courts, the courts are a double-edged sword.
00:02:23.000I think it's admirable that conservatives for the last couple of decades have taken the courts more seriously.
00:02:29.000The left always took the courts more seriously than we did in the 1960s and 70s.
00:02:33.000That's how we got the war in court and the burger court.
00:02:36.000There are many organizations that do great work, like the Federalist Society, that came up and they said, okay, we need to now go to the law schools.
00:02:42.000We need to find young people that believe in the Constitution, that believe in original interpretation, that believe in separation of powers, checks, and balances, and are against judicial activism.
00:02:52.000These organizations started to raise tens of millions of dollars, started to go and find judges and tried to find lawyers that will become judges.
00:03:01.000They became better and better networked in Republican GOP circles, especially in the U.S. Senate, to be able to then create the list.
00:03:08.000And so, for example, when Donald Trump said, I have a list of justices, that was produced by the Federalist Society who brilliantly thought ahead of time to get judges in place to be able to say, hey, if someone is running for president, how will they actually know who are the good judges and who are the not so good judges?
00:03:25.000Now, the double-edged sword, though, and this is something we must recognize, we must understand, is that the courts are not going to save the country independently.
00:03:34.000They could play a necessary and important role.
00:03:36.000And my goodness, President Donald Trump winning in 2016 and giving us Kavanaugh-Gorsich, Amy Coney Barrett, alongside Alito and Clarence Thomas is a massive victory.
00:03:46.000But there are limitations sometimes to certain judges with how they view the interpretation of laws.
00:03:53.000Remember, the judicial branch does not make laws.
00:03:56.000The judicial branch interprets the law.
00:03:58.000So when you interpret the law, you might have a very narrow way of interpreting the law.
00:04:03.000So this morning we received a win for the Constitution, a win for liberty and a win for America, and a rather frustrating and irritating speed bump and loss that will send an issue on immigration back down to the courts.
00:04:18.000Now, it's important that we as conservatives recognize that the courts themselves are a piece, but not the whole deal.
00:04:25.000Because I feel as if some conservatives say, you know, I could take it easy just because we control the courts.
00:04:30.000No, you know, the courts are largely right now a defensive measure to strike down bad laws.
00:04:36.000The courts right now are ones to prevent the regime from getting completely and totally out of control.
00:04:43.000And so this morning, a decision, I think it's the final decision of their court.
00:04:50.000So they're done after this, unless there's some other decisions that they might come out in July, which I would be surprised.
00:04:56.000Basically is a question of will the court do the necessary and proper and right thing when it comes to a mass invasion of America, or will they stay with a very specific, narrow focus and use technical arguments to try and justify actions by the Biden regime.
00:05:17.000Very pleased with most of the rulings out of this session.
00:05:20.000However, Brett Kavanaugh made, I think, an improper and incorrect ruling.
00:05:26.000It was a 5-4 decision when Kavanaugh, really surprisingly and shockingly, in a very narrow decision, sided with John Roberts, Kagan, Sotomayor, and Breyer in what would be Breyer's final decision.
00:05:39.000The 5-4 decision says basically the executive branch, the Biden White House and the Biden regime, does not have to execute laws as written by Congress.
00:05:50.000Now, this is all about the question of immigration laws.
00:05:53.000Now, Brett Kavanaugh, actually, in his confirmation hearings, one of the arguments that was made by a lot of hardline conservatives is that he's great on immigration.
00:06:02.000If I remember correctly, there was a circuit court decision, a D.C. circuit court decision, where Brett Kavanaugh actually ruled favorably on certain immigration policies.
00:06:11.000So in front of us was this issue of remain in Mexico.
00:06:15.000Remain in Mexico was a Trump-era executive order that basically said that if you are going to come into America illegally, you are going to have to remain in Mexico until the detention and the paperwork process basically plays itself out, and you very well might be sent back to the country of origin.
00:06:34.000Now, the regime and the Biden White House has known for quite some time that the way around laws they don't like, otherwise known as unfavorable laws, is not to repeal those laws.
00:06:48.000It's just that when you control the White House, when you control the people that enforce the laws, just say we're not going to enforce it.
00:06:55.000They've done this with immigration law for quite some time.
00:06:58.000This is exactly what they did with the slow-motion secession that happened in Portland, Seattle, San Francisco, Los Angeles, Philadelphia, and Chicago, where the slow-motion secession was blue states that said, we're not going to enforce immigration law.
00:07:11.000We're not going to allow ICE into our cities.
00:07:13.000Immigration has always been the wrinkle where the left has been willing to defy written law the most flagrantly.
00:07:21.000So basically, the lesson from the U.S. Supreme Court this morning as authored by Brett Cavan, I don't know if Brett Kavanaugh authored it, but he sided with Breyer authored it, I think, or Kagan, Sotomayor, Roberts.
00:07:33.000All right, by process of elimination, we got it.
00:07:42.000It does not matter what the law is from Congress.
00:07:46.000Basically, it matters who's in charge of enforcing and implementing that law.
00:07:50.000Now, mind you, there are some wild and extreme examples that could be used with this, but Congress is very clear that if you enter into our country illegally, if you are a trespasser, which 20 million trespassers come into America, that you have to be detained and then deported.
00:08:05.000Joe Biden is deciding not to follow that law at all.
00:08:09.000Joe Biden is allowing them to be released into the interior of the country, which is de facto amnesty.
00:08:15.000Now, this is the problem with the overemphasis on trying to make the courts save America.
00:08:21.000When you try to believe the courts are going to save everything, and mind you, the courts play a role.
00:08:24.000Praise God for the reverse overall versus Wade.
00:08:27.000Praise God for the Coach Kennedy case.
00:08:29.000Praise God for the Second Amendment case.
00:08:30.000The courts are a necessary part, but they can't be everything.
00:08:34.000Because sometimes you're going to get certain people like Brett Kavanaugh and John Roberts overly academic, in my personal opinion, of their interpretation of these laws that will take an incredibly narrow and fixed interpretation and not look at the essence of what is being said.
00:08:50.000Instead, look at the exact word-by-word language and not think more broadly about the implications of this.
00:08:57.000For example, and this is where I kind of push back against Brett Kavanaugh in particular, because Brett Kavanaugh wouldn't look at the U.S. Constitution or the Bill of Rights, the Second Amendment, and say, well, only a militia can own guns.
00:09:10.000No, no, you have to look at the essence of what was being said at the time.
00:09:13.000That the militia at the time is all young men ages 18 to 35, able-bodied to defend themselves and their families against insurrection or invasion.
00:09:21.000That was the essence of what was happening.
00:09:24.000Unfortunately, Brett Kavanaugh did not look at the essence of the issue of immigration.
00:09:28.000He looked at the hyper-technical language and nature of it.
00:09:31.000And so, look, immigration law as passed by Congress is very clear.
00:09:36.000That the White House doesn't like the immigration law, which says that you must detain and deport illegals.
00:09:43.000By the way, while we are being invaded, so the White House just chooses not to enforce it.
00:09:49.000What Joe Biden has created is a loophole, a loophole that was just challenged by the U.S. Supreme Court and unfortunately allows Joe Biden now to rescind the Remain in Mexico policy and ignore congressional law.
00:10:09.000And to take away a step further from this, Brett Kavanaugh's argument is like, well, we're not allowed to use the power of the court to force Joe Biden to create a treaty with Mexico.
00:10:19.000That is not what we're discussing at all.
00:10:21.000This is not a discussion about treaties with Mexico or international relations.
00:10:27.000It's a question of whether or not Congress's law when it comes to immigration can be defied by the White House.
00:10:37.000So Brett Kavanaugh and Roberts in the dissenting opinion all agreed that, well, there's a wide interpretation of immigration law.
00:10:55.000The larger policy story behind this case is the multi-decade inability of the political branches to provide Department of Homeland Security with sufficient facilities to detain non-citizens who seek to enter the United States pending their immigration proceedings.
00:11:09.000But this court has authority to address only the legal issues before us.
00:11:12.000We do not have authority to end the legislative stalemate or to resolve the underlying policy problems.
00:11:17.000With those additional comments, I join the court's opinion in full.
00:11:23.000He knows that we're being invaded, but he effectively says, oh, Congress, you haven't been able to get comprehensive immigration reform passed.
00:11:29.000Therefore, I have to side with the opinion in full.
00:11:36.000Now, I'm not going to say Brett Kavanaugh is a coward because the implications of this one are far less heated than the implications of the attempted assassination that happened towards him a couple weeks ago.
00:11:45.000I'm not going to say Brett Kavanaugh has no spine.
00:11:48.000He ruled on Roe versus Wade correctly.
00:11:51.000What I am going to say, though, is that maybe Brett Kavanaugh wanted to wink and nod and signal to the DC regime, like, hey, you might not agree on everything, but please don't still hate me.
00:11:59.000You got to wonder if the assassination attempt and illegal pressure protests outside of his house played any sort of role at all whatsoever in this.
00:12:07.000So Kavanaugh basically made and continues to make a hyper-technical legal argument that is bad for the country.
00:12:14.000It's incredibly narrow and it doesn't talk about the essence of really what is happening.
00:13:04.000The issue is very clear that Brett Kavanaugh, siding with John Roberts, Kagan, Sodomayor, and Breyer, basically allow open borders to continue despite what the law says.
00:13:17.000That's the big takeaway, is that the law says you're not allowed to release illegals into the interior United States.
00:13:23.000Brett Kavanaugh says, well, actually, that power is in the president.
00:13:26.000The president is allowed to defy congressional law even when you're being invaded.
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00:14:47.000Charlie, great to be with you as always.
00:14:49.000So this is an extremely complicated decision.
00:14:51.000So I should kind of caveat everything I'm saying with I am still reading through and trying to figure out myself.
00:14:56.000You know, I used to live in the Grace State of Texas.
00:14:57.000I'm actually a barred attorney in Texas.
00:14:59.000I have a lot of friends in the Texas Solicitor General's office who helped argue and brief this case.
00:15:04.000They are still trying to figure it out too, actually.
00:15:06.000So it's a very narrow, doctrinal, jurisprudentially technical ruling, as you said.
00:15:10.000The overarching problem from my perspective is that sometimes, and the Chief Justice in particular has a very, very, very big problem in this respect.
00:15:20.000There was always a risk in going too broad when you can more narrowly decide a case, but the flip side of that is very true as well.
00:15:25.000There was really no sense in unnecessarily kicking the can down the road when there was a very clear legal answer on a question there.
00:15:32.000That's kind of how I read Justice Alito's dissent here.
00:15:35.000One thing that I do want to say, it looks like from my reading, Justice Barrett actually agrees with the merits part of the majority opinion.
00:15:42.000That was the three-page Kavanaugh concurrence.
00:15:44.000He was basically underscoring that point.
00:15:46.000So, Amy Coney Barrack has a lot of wonderful language in her dissent, but even she is a little wobbly on this issue.
00:15:51.000And it's just yet another reminder, Charlie, that there are really only two justices on the current United States Supreme Court for all the victories of the past week, and there have been some real victories: abortion, guns, God, and these are like real culture war issues.
00:16:03.000But this case is yet another reminder that when it comes to true, down-the-line, principled conservatives on the United States Supreme Court, from my perspective, Charlie, there's really only two: there's Clarence Thomas and Sam Malillo.
00:16:13.000As you said, Neil Gorsuch is often with us, but he goes wobbly on some cases.
00:16:17.000So, this case is erroneous, but the silver lining is that this litigation is not over.
00:16:22.000Kavanaugh is very clear that the question as to whether the October memo with respect to the migrant attachment protocols, with respect to whether that violates the APA, the Administrative Procedure Act, that legal question is still pending.
00:16:34.000So, the lower court judge, Matthew Kazmarek, who I actually used to be colleagues with at First Liberty Institute, I know Judge Kazmarek, he's a wonderful jurist.
00:17:07.000I know you're still reading through it, but it feels as if this is de facto asylum or de facto amnesty.
00:17:15.000I'm not really sure, to be honest with you.
00:17:17.000I mean, I'm not really entirely sure what goes through Justice Kavanaugh's head.
00:17:20.000I mean, we should remember, obviously, that he came down the correct side of numerous culture war cases over this past week: God, guns, and abortion, and he literally got all three of those right.
00:17:28.000So, I think it's probably a little uncharitable to say that he's trying to kind of just feed the left some breadcrumbs there.
00:17:35.000He probably has convinced himself that this ruling or that what he's doing is actually the correct course.
00:17:40.000You know, it's worth noting that in Justice Kavanaugh's first term, that 2018-2019 term, right after the left threw out 5,000 years of innocent until proving guilty norms in his confirmation here, in that very first term, Kavanaugh sided with the Chief Justice more than did any other justice.
00:17:57.000I haven't clerked on the court, I don't know the internal dynamics, but my outside observing is that the Chief Justice probably is cozier to Justice Kavanaugh than probably any other justice on the court.
00:18:09.000So, it wouldn't shock me if, you know, in some emails and some kind of cafeteria water cooler kind of musings of the Chief Justice basically reached out to Kavanaugh and was like, Brett, you know, this has been like a very divisive term, obviously, a lot of high-profile cases here.
00:18:21.000Let's try to go extremely narrow on this yet another culture war.
00:18:24.000If he doesn't build the case, that actually makes me more angry.
00:18:27.000But I'll be honest, if that's the case, I would rather have it be that Kavanaugh actually believes this stuff than not have John Roberts lobby him, you know, in between leaks and assassination attempts and kind of say, Hey, you know, let's bring the country together and allow the invasion of a sovereign nation just because, you know, hey, hyper-technical arguments that only we understand.
00:18:50.000Like, that would actually make me more angry.
00:19:26.000Look, free speech, religious liberty, and the Second Amendment.
00:19:29.000Our rights are being destroyed across the board.
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00:19:41.000So I said, go find that really cheerful guy.
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00:19:56.000And I was convinced that we must partner with them.
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00:21:48.000It's just, he's like, oh, well, maybe he's very chummy with Roberts.
00:21:52.000That's not a good reason to allow the perpetual invasion of America at all.
00:21:58.000But Kavanaugh ruled right on Roe, ruled good on guns, ruled great on Coach Kennedy.
00:22:03.000So I do not appreciate, though, in my personal opinion, hyper-technical arguments when the essence of the issue is so obviously ignored.
00:22:18.000Okay, with us right now is the Attorney General of Texas, who is the man who actually helped get this case all the way up to the U.S. Supreme Court, Ken Paxton, who's a great American patriot.
00:22:30.000Ken, welcome back to the Charlie Kirk Show.
00:22:33.000Hey, Charlie, great to be back with you.
00:22:35.000I'm glad you're in the chair and I'm not.
00:22:39.000Ken has actually hosted in the chair while I was in Fargo, North Dakota, on the wonderful Flag Radio Network.
00:22:44.000Ken, what is your initial take on this U.S. Supreme Court case, the Remain in Mexico case?
00:22:50.000Yeah, I mean, I haven't gotten to read the whole opinion because it just came out, but the, I mean, disappointed that we didn't get a 5-4 win instead of a 5-4 basically remand back to the district court.
00:23:01.000It's not over because they did remand the second memo that rescinded where the Biden administration rescinded the Remain in Mexico.
00:23:43.000But basically, my understanding is they're sending it back to the district court because when we got our first injunction in district court against the Remain in Mexico program, the Biden administration came out with a second memo.
00:23:55.000They'd issued their First Amendment memo getting rid of Remain in Mexico.
00:24:00.000When we won and got an injunction, they changed the memo while we were in the middle of litigation.
00:24:06.000And so basically, the first rescion went up, and the court struck that.
00:24:12.000I mean, sided with the Biden administration on that, but they said there's still questions to be answered as to whether the Biden administration followed all the right procedures in changing to the second memo.
00:24:27.000So, and then just so our audience can understand the details of this, essentially, it says that Biden can end MPP right now, but the district court in theory could come back and say he wasn't allowed to end it based on a procedural matter.
00:24:45.000It's disappointing because of the way the court interpreted the shall.
00:24:48.000There's a shell and a may, and the shell was the shell related, in our opinion, to shall detain these people or send them back to their country of origin prior to their hearing on asylum.
00:25:00.000So, what's happening now is the Biden administration is inviting all these people to come.
00:25:21.000And so it is de facto amnesty, isn't it?
00:25:24.000And that's an important point: outside of the hyper-technical, very narrow reading of this decision, isn't it about the essence and the implications of it?
00:25:33.000I mean, for example, when you look at the Second Amendment, we don't say, well, only people in a militia can own guns.
00:25:38.000We have to look at what was the founders' intent when they wrote that.
00:25:41.000Being, of course, loyal to the textualist nature, but not so narrow where we just take it word by word by word.
00:25:47.000Isn't that a pretty, I would imagine that's important, especially kind of factoring in this is an invasion happening to your state of Texas, the ramifications of which are extreme and severe.
00:25:59.000Yeah, so I have a hard time understanding why Congress wrote the legislation that says they either have to be detained or sent back if they didn't mean that.
00:26:08.000If they meant something, the argument that the Biden administration made was, well, they couldn't have totally meant it because we've got too many people here and we don't have it.
00:26:15.000They haven't given us enough resources to detain all these people.
00:26:18.000So we can't even follow the law they've given us.
00:26:21.000But my argument back would be, wait a minute, you're the one that invited all these people to come and told them to hurry up.
00:26:26.000And now we have millions of people on the border and you say you don't have enough facilities.
00:26:29.000Well, part of that, a good part of that's your fault.
00:26:32.000Well, I mean, so just Congress's fault.
00:26:34.000And just to play out the logic, it's like saying, okay, we have federal murder laws.
00:26:37.000Most murders go unsolved in Chicago because we don't have enough people to go investigate them.
00:26:43.000I mean, what kind of silly, incredibly dumb legal argument is that?
00:26:47.000That's the argument the Biden administration made.
00:26:50.000And at least my limited reading and getting summaries People quickly is that that's kind of the direction the court took.
00:26:59.000So I'm going to read Alito's opening dissent here, quote, when it appears that one of these aliens is not admissible, may the government simply release the alien into the country and hope the alien will show up for a hearing at which his or her entitlement to remain will be decided.
00:27:13.000Congress has provided a clear answer to that question, and the answer is no.
00:27:17.000By law, if an alien is quote, not clearly and beyond a doubt entitled to be admitted, the alien should quote, shall be detained for a removal proceeding.
00:27:27.000And we both know, Ken, because of the volume, because how they invited people, that what Remain in Mexico is able to do was put a check and a balance on first the amount of people coming and also saying that no, you don't get released into the interior of the United States when you get a piece of paper in exchange.
00:27:45.000Yeah, because what Trump did by enforcing that law is he disincentivized people from using this huge loophole that the immigration lawyers in America had discovered worked, where you just show up, turn yourself into border agents.
00:28:30.000So, Ken, I want to ask you that Roe versus Wade has now been overturned and sent back to the states.
00:28:35.000What are you doing to work through the kind of legal complexity to this in Texas?
00:28:38.000And where does Texas stand when it comes to the practice of abortion?
00:28:42.000Yeah, so we played a part in that we had our own heartbeat bill, but we also actually filed the amicus brief in that case.
00:28:48.000We were the ones that recruited the other 23 states.
00:28:50.000So there were 24 states, and we were there standing with Mississippi, not just arguing that their statute should be upheld, but also that Roe v. Wade should be overturned.
00:28:59.000When that happened, our trigger bill went into effect, which was actually passed by my wife, Senator Paxton.
00:29:05.000And that bill effectively stops abortions in Texas in a very short period of time.
00:29:10.000So it's going to happen between the next 30 and 60 days.
00:29:13.000Abortions in Texas will be outlawed, even beyond what we passed with the Hartbeat Bill.
00:29:20.000So it's also important to recognize and realize that some of the kind of abortion figureheads actually come from Texas, actually.
00:29:29.000Richards, in particular, if I remember correctly, some of the most outspoken pro-choice, pro-abortion activists, at least Cecile Richards, who I believe is the daughter of Ann Richards.
00:29:49.000I mean, it's obviously a controversial decision.
00:29:51.000When the Supreme Court stepped in in 783 and took this away from the states, they changed the dynamic for decades and took over what was considered a legislative function.
00:30:02.000And they continued to change their view of abortion and the law kept changing and it became very uncertain and it was just a mess.
00:30:11.000And that's one of the reasons we argue that Roe v. Wade should be overturned.
00:30:14.000I think anybody that loves the Constitution and loves democracy should love this, whether you're pro-life or you're not, you're pro-abortion.
00:30:23.000It's now up to elected officials who we all have a say in that to make these decisions and why you'd be upset that it's back to a representative government.
00:30:34.000Whatever your position, I think that's a good thing that just happened.
00:30:38.000Yeah, and it allows the states to chart their own course forward.
00:30:42.000If you don't like it, then, okay, there's other states that you can move to.
00:30:45.000It's a restoration of the 10th Amendment and of really self-government in a very serious and profound way.
00:30:52.000So finally, Ken, I want to ask you, this was a rather contentious term for the U.S. Supreme Court.
00:31:26.000One of the better ones that we've ever had as it relates to the amendments to the Constitution, whether it's the First Amendment or the Second Amendment, that they've all been sort of reinvigorated with life.
00:31:36.000And I think that's a very, very good thing, not to pun, but that's a very, very good thing.
00:31:54.000Tell our national audience about that because it was the Bush family trying to come and derail you, nasty smear tactics, but you won overwhelmingly.
00:32:17.000And I think the people of Texas have kind of figured out sort of the angle the Bushes have been coming from for a long time.
00:32:24.000And they decided they wanted somebody that was really going to go out and fight for them, that wasn't going to capitulate to sort of a leftist agenda.
00:32:37.000So you're going to take a lot of arrows when you do it.
00:32:39.000A lot of left-wing media, even liberal Republicans who don't like that, you know, you become sort of a lightning rod, but I don't know how to do it any other way.
00:32:50.000I'd rather either do it the right way or not do it at all.
00:32:53.000Well, just so everyone knows, Ken Paxton won with 68% of the vote against George P. Bush with 31% of the vote.
00:33:00.000I think that is a major sign the Republican Party of Texas is becoming even more conservative.
00:33:06.000That for years was kind of run by the Good Old Boys Network of the Bushes and many others.
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00:34:25.000I'm going to tell you about this amazing court victory in a second, but I want to take some of your questions here that you've emailed us, freedom at charliekirk.com.
00:34:57.000Border state governors will be tasked to come up with creative measures to slow and stop the flow of illegals after today's Supreme Court ruling.
00:35:19.000One thought I have about the Uniparty, these politically correct creatures, criticizes deplorables for not accepting diversity in all forms of sexuality, illegal immigration, globalism, et cetera.
00:35:28.000Do they not understand that it's all part of the reason they hate Trump?
00:35:30.000He came to the presidency going through their channels.
00:35:32.000He tried to reform the way Washington worked.
00:35:34.000He did what he said he'd do, the nerve.
00:35:41.000We must continue to fight your show and your efforts are much appreciated.
00:35:45.000But look, this is an important point: that the reason why they are continuing this relentless pressure campaign on Donald Trump, well after he's been president, almost nastier now after he's been president than when he was in president, is they know that he has a great chance of becoming president again.
00:36:13.000They are very worried they'll not be able to pull off again what they did in 2020 again.
00:36:17.000That's why they don't want you to talk about the election either, by the way.
00:36:20.000Okay, so there was a massive win this morning from the U.S. Supreme Court beyond just the Remain in Mexico nonsense that is incredibly frustrating.
00:36:30.000And so starting back in Woodrow Wilson and even before that, with the German historicists who believed they could perfect the human being and perfect the human condition via governmental state power, this is a Hegelian belief where they thought that through government power, that the human nature itself could be perfected.
00:36:50.000And they realized the United States Constitution was an impediment to do that.
00:36:54.000So when Woodrow Wilson took the presidency, accidentally, largely, by the way, he's an accidental president, never won a majority of votes.
00:37:01.000He won largely because of Teddy Roosevelt primarily William Howard Taft and then running as the Bull Moose Party in the election of 1912.
00:37:07.000Woodrow Wilson, the once professor at Princeton, head of Princeton University, then governor of New Jersey, kind of became the accidental president.
00:37:14.000Woodrow Wilson was the first president to write openly about how the founding fathers did not understand the times that we live in.
00:37:36.000But instead, he started to implement it.
00:37:38.000He said, a society of academics and experts will be able to know what is best for us.
00:37:42.000But the U.S. Constitution is very clear about executive power, legislative power, and judicial interpretation.
00:37:48.000So what ended up happening is all these alphabet soup agencies start to come out.
00:37:51.000FDR kind of picked up the mantle of Woodrow Wilson and he put jet fuel behind it.
00:37:56.000That's where we started to get all these different governmental agencies, some of which probably have some proper role, like the FDIC and the Social Security Administration.
00:38:05.000But basically, the more we started to create these agencies, the more technocrats we got and technocratic states.
00:38:11.000It was the tyranny of the bureaucracies.
00:38:13.000Lyndon Baines Johnson took this forward and Jimmy Carter as well.
00:38:17.000Richard Nixon actually created a lot of these federal agencies as well, including the Employment Prevention Agency, otherwise known as the EPA.
00:38:27.000And so for a long time, these fourth branch of governments, these independent regulatory agencies, were able to operate without any sort of check and balance, which is one of the guarantees, one of the principles, one of the moral necessities of the U.S. Constitution.
00:38:40.000So basically, the EPA was able to have power plant emissions put forward without Congress ever checking them.
00:38:47.000So then what ended up happening, and this was Woodrow Wilson's creation, is you get the executive power, the legislative power, and the judicial power all wrapped into one unaccountable, unknown, unchecked federal bureaucratic creation.
00:39:00.000Well, today the U.S. Supreme Court has come in and has said, you know what, EPA, you are not allowed to create laws, create rules and regulations, and be in charge of your own kind of way of operating outside of congressional oversight.
00:39:12.000A massive blow to all these independent regulatory agencies that include, by the way, Department of Justice, FBI, CIA, and all these other agencies.
00:39:22.000It's a massive decision of the U.S. Supreme Court that puts a check and a balance on the unconstitutional nature of how our government has been operating.
00:39:31.000Supreme Court limits EPA in curbing power plant emissions.
00:39:34.000And a blow to the fight against climate change, the U.S. Supreme Court on Thursday limited, hey, there's the thing.
00:39:39.000They'll always find an excuse for an emergency to take your constitutional liberties away.