The Glenn Beck Program - Best of the Program ｜ Guests： Tim Barton & Josh Hammer ｜ 6⧸23⧸22

00:00:00.000 Today, I'm just going to give you a quick update on what's on the podcast.

00:00:03.160 Supreme Court, Supreme Court, Supreme Court.

00:00:06.920 Some incredible rulings came out.

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00:01:06.360 You're listening to the best of the Glenn Beck program.

00:01:13.560 Okay, so there are many, many, many big cases that could be game-changing.

00:01:23.040 We're going to go over a few of them.

00:01:26.600 I think today we might get the ruling on the EPA, if our theory is correct.

00:01:33.080 They'll release six cases today, seven cases tomorrow, which would clear the docket.

00:01:40.600 They've been averaging about five every day, so it's not a big leap to add two tomorrow and one today.

00:01:47.820 But that would leave the Supreme Court still in Washington, D.C. for a week after the Roe v. Wade decision.

00:02:00.380 Stu joins us now.

00:02:01.940 Stu, I can only come up with 12 cases that still remain on the docket.

00:02:07.160 But let's go through some of these.

00:02:11.060 I actually would really like to start with West Virginia versus the EPA.

00:02:19.460 This one is, I think, could be as game-changing as the Commerce Clause was for FDR in the other direction back in the 1940s.

00:02:32.820 What happened in the 1940s, the Commerce Clause allows the federal government to regulate trade between states, etc., etc.

00:02:40.220 Well, FDR's administration took that and said, well, everything fits into federal jurisdiction.

00:02:52.620 Because even if you're using wheat or selling wheat or growing wheat, the pollination will go from one wheat farm to another wheat farm across state lines.

00:03:06.000 And so we have to regulate that.

00:03:07.620 You know, some of the products made by wheat or if you are building a car in Detroit, well, where are you getting the products?

00:03:14.560 Maybe some of them come from another place.

00:03:16.460 This allowed the federal government to bring in OSHA and all of these federal agencies into our lives.

00:03:25.400 That's the biggest problem that the progressives brought to the administration.

00:03:32.320 And it's long overdue to be overturned.

00:03:35.720 This one doesn't overturn that.

00:03:38.520 However, this one does say that the EPA doesn't have the right to just make up a law if it's vague.

00:03:50.660 This would go for not only clean air, but it would also go for the drugs that now, you know, you have to take them.

00:04:00.600 OSHA says we're there to protect workers.

00:04:04.080 So now you have to take the vaccine, et cetera.

00:04:07.400 All of the government overreach that we've seen recently and is still in the pipeline coming.

00:04:13.440 This could change that course dramatically.

00:04:17.200 Do I have this right, Stu?

00:04:18.400 Yeah, I think what people when you think about this particular case, you should think about it as the most important case that will affect your every everybody's daily life.

00:04:30.600 Where, look, abortion is a huge, huge ruling, but most people aren't going to get abortions, right?

00:04:34.920 I still think it's a more important case, but it's not.

00:04:37.860 Most people don't get abortions. 1.00

00:04:39.180 Most people, I mean, statistically, most people don't carry their firearms with them.

00:04:44.280 Correct.

00:04:44.640 We're talking about the Second Amendment case, which is very important.

00:04:46.720 So I would say the abortion case is a huge moral case, but not one that's going to affect your everyday life, but will affect us as people and our country in the direction of our country.

00:05:00.720 The Second Amendment is a very important constitutional case, even though it won't affect most people, because like you said, most people don't carry guns.

00:05:11.480 But the same can be said about the EPA, except unlike guns, and I think this is the point you were making, unlike guns, this will touch all of our lives.

00:05:21.440 This will touch us at the gas station, in our place of business, at our homes, everything.

00:05:27.560 Yeah, and basically, this addresses essentially a workaround that the government has developed over the years, which is, hey, I really want something, and Congress won't pass a law to address it, so what if I just do it?

00:05:41.880 This is something that Obama, in 2000, I think it was 14, decided to do with climate change, where he said, we're just going to start regulating these power plants.

00:05:49.640 And everyone said, well, you have been trying to pass legislation to do this for years and years and have been unsuccessful doing it.

00:05:57.120 How can you all of a sudden decide that you're going to do it?

00:05:59.200 And he said, well, we looked back, we found, it's like the Nicolas Cage movie, the Constitution movie.

00:06:06.240 They, like, found a secret part of the Clean Air Act that will allow them to do this.

00:06:11.720 It was text written in invisible ink on the back.

00:06:15.100 Right, and only progressives have the special glasses.

00:06:18.140 Right, exactly.

00:06:18.900 And so, what they basically did is say, we have the power, based on this old part of the Clean Air Act that had never been used before, to do this.

00:06:29.680 And their argument was, it was written in such a vague way that the EPA can just make up their own rules on it.

00:06:36.280 And this is something we've talked about before.

00:06:38.380 It's called Chevron deference, which goes back to an old Supreme Court case, which basically says, if we're not sure, if it's really vague the way the law is written,

00:06:46.600 then whatever agency is tied into it can pretty much decide and write their own law, which is, this is a terrible, terrible idea.

00:06:56.060 It's something that is absolutely against the way the founders believed this country would work.

00:07:00.800 Correct.

00:07:01.040 I mean, they didn't even have any of these agencies, so we know this for a fact.

00:07:04.240 Right.

00:07:05.060 Right.

00:07:05.820 It's absolutely unconstitutional.

00:07:08.040 And that is, this is the direction the Biden and Obama and Wilson administration, FDR, this is the direction they want to take the country.

00:07:18.960 They want to take it away from Congress and the courts.

00:07:23.560 They want to just to be able to, and this is, you know, when this was first thought of at the turn of the century, this word wasn't a bad word yet.

00:07:32.460 They want to just dictate.

00:07:34.460 They want a dictator at the top who is just an administrator.

00:07:39.080 And, you know, Congress will say, yep, we think that smoking is bad.

00:07:45.400 And then the administration can do whatever it wants regarding smoking.

00:07:51.200 Yeah. Now, obviously, with this particular case specifically, it would have to do a lot with things like energy prices.

00:07:59.160 And there's tons and tons of rules, not the one that we're talking about here, but there's tons and tons of rules already in the EPA that affect your energy prices and your freedom to spend your money the way that you want to.

00:08:11.660 The particular rule here was put in place by Obama, but was actually taken out by Trump.

00:08:17.300 So it's not currently in effect, but it addresses this overarching idea.

00:08:21.300 And if you want to talk about a really relevant, really relevant usage of these types of powers, it's what you saw happen to you during COVID, where places like the CDC, places like OSHA were able to come up with these wide ranging powers.

00:08:38.740 We never knew they had because they had a general dictate to prevent, to help, you know, the health of the of the American people.

00:08:49.440 And so they take that and they they broaden it wildly.

00:08:53.380 It's how they tried to do vaccine mandates.

00:08:55.860 But again, that was shot down in the courts.

00:08:57.380 It's how they tried to to do the the the rent, the eviction ban.

00:09:03.900 That was another thing they attempted to do this way.

00:09:06.920 And we've seen the courts eventually get angry at that as well.

00:09:11.260 If that's if this gets overturned, there's a good chance that a lot of that stuff will go away.

00:09:16.140 And you we are so used to it.

00:09:18.880 Wait, wait, wait, wait, wait, wait.

00:09:21.720 I'm not sure it will go away because the Biden administration knows these things are being overturned.

00:09:29.520 They know that they're not supposed to do it.

00:09:32.140 They just do it until they are told to stop.

00:09:35.720 And then they just continue to do it.

00:09:38.260 Yeah.

00:09:38.820 Until the court or somebody Congress, somebody puts teeth into it and says that is all that's already been ruled on.

00:09:48.440 And we're taking away your money until you stop this.

00:09:53.540 Yeah.

00:09:53.780 I don't think it's going to stop.

00:09:55.060 And of course, they will try and try and try.

00:09:58.160 The good thing is, though, when a when a ruling like this comes down, it supposedly will set a precedent that lower courts will immediately overturn this stuff when it's attempted.

00:10:08.100 You know, one of the big tactics of the left is to pass a big, obviously unconstitutional law.

00:10:14.900 Let it take effect, let it have effect on people so that they change their habits, they change their procedures.

00:10:21.900 And then when it gets overturned in court, well, everyone's already changed already.

00:10:25.440 So it's not that big of a deal.

00:10:26.860 The problem with that approach is that they lose the power going forward.

00:10:30.160 A lot of times they can only use it that one time.

00:10:33.060 They've tried to amend this process.

00:10:35.100 They did it.

00:10:35.660 They've done this with guns many times where they'll pass an obviously unconstitutional gun law.

00:10:40.280 Now, as it's winding through the courts, they will it will start taking effect.

00:10:45.600 People will have to give up their guns.

00:10:47.060 They'll have to do all these things.

00:10:48.140 And by the time it gets up to the Supreme Court, they then nullify the law.

00:10:51.220 They repeal it and then say it's moot.

00:10:53.160 We don't even have the law anymore.

00:10:54.200 What are you talking about?

00:10:54.800 Why are we going to the Supreme Court?

00:10:56.220 Because they want to be able to avoid the the long term repercussions of losing that power because it would get shut down in the lower courts.

00:11:04.480 They could do that.

00:11:06.860 But didn't this court take this case after Trump had already overturned it?

00:11:13.640 Yeah, that's why I hope through executive order.

00:11:15.380 This is why I'm hopeful on this.

00:11:16.500 Yeah, because they took.

00:11:17.280 Why would you take it if to make a statement about this particular procedure?

00:11:21.100 And it's totally out of control.

00:11:23.500 And the point at this point, this is such a part of your daily life.

00:11:28.260 You don't even know what's going on.

00:11:29.860 It's all these rules that you are lived by.

00:11:32.480 If you own a business, if you work at a business, all of these rules have been implemented through the administrative state in such a thorough way that it's become essentially the way our country operates.

00:11:44.680 And it was never intended to be that way by the founders.

00:11:48.940 The progressives certainly like it.

00:11:50.780 But this could be a real dagger in that whole idea, which would just mean that they'd have to freaking pass laws if they want to do stuff.

00:11:57.860 They could still do a lot of stuff that we won't like, but they actually have to pass a law.

00:12:03.060 Their argument is, look, these congressmen don't have the expertise in these particular areas.

00:12:08.340 They're not environmental experts, so they're not going to know what to put in these laws.

00:12:11.840 But there's nothing preventing them asking these experts before they present the text of the law.

00:12:16.640 They can get expert guidance beforehand and they should get expert guidance beforehand.

00:12:20.820 But, you know, they can't just implement a generic phrase and then let all these bureaucrats that are unelected and unaccountable continue to put these powers in on the American people. 1.00

00:12:30.840 That's not the way our government's supposed to operate.

00:12:32.720 And there is plenty of evidence from our founding fathers, especially Jefferson.

00:12:38.340 Jefferson hated these so-called experts.

00:12:41.220 He didn't trust the experts.

00:12:43.500 He didn't trust the judges.

00:12:44.920 He didn't trust the education system.

00:12:48.540 He just didn't trust it.

00:12:50.260 And most of them, I mean, that's why of the people, for the people, by the people, that's why the people are involved in this.

00:12:57.940 We have a representative.

00:12:58.880 Well, if they're not educated enough, well, then they need to educate themselves or they need to call a hearing and bring all of the educated in front of them and us so we can make the decision.

00:13:12.740 But some unelected expert does not make a decision because they have all the facts.

00:13:18.520 That goes against everything we know about self-rule.

00:13:24.120 I'm really, really, really hopeful on this.

00:13:28.500 This could be a real, true change in the course of America, at least legally.

00:13:35.340 But if they make all of these changes, I will tell you, not only are you going to see Jane's revenge on the street and bombings and abortion or pro-life centers, because that's what they've said they're going to do.

00:13:47.880 But you're also going to see a massive push to pack the court because the progressives don't like it when they don't get their way.

00:13:58.120 They kick and scream until they do.

00:13:59.580 This is the best of the Glenn Beck program, and we really want to thank you for listening.

00:14:06.660 This appears to be a very good day for the Constitution.

00:14:18.300 The gun ruling has just come out from the Supreme Court.

00:14:24.860 The decision was written by Thomas, and it looks very good.

00:14:30.440 By the way, we're going to have full analysis with Josh Hammer, who is right now just scouring these decisions to give us the real important parts of it.

00:14:40.400 About 30 minutes from now, because they are still coming out.

00:14:43.860 We'll give you that to you in just a second.

00:14:45.800 Stu, just give the essence of what Thomas is saying on this.

00:14:51.160 Yeah, quick 6-3 decision on the sort of ideological lines you would expect here.

00:14:57.360 This is a great, to give you a quick excerpt.

00:14:59.680 The constitutional right to bear arms in public for self-defense is not a second-class right subject to an entirely different body of rules than the other Bill of Rights guaranteed.

00:15:08.640 The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need.

00:15:15.440 The Second Amendment right to carry arms in public for self-defense is no different.

00:15:20.040 So it is as good as you could expect, and it's from Thomas.

00:15:23.380 It's a long ruling.

00:15:24.420 There's going to be a lot of good nuggets into it, and we'll get into it coming up.

00:15:26.760 Okay, we'll get into it about a half an hour after we've had time to really digest all of it.

00:15:32.640 That's coming up with Josh Hammer in just about 30 minutes.

00:15:36.220 Tim Barton is here.

00:15:37.680 He's the president of Wall Builders, and also he is part of the American Journey Summer Institute on American History.

00:15:46.980 Our kids learn dates and names, and that's all they learn, and so they don't really learn anything.

00:15:52.860 They don't learn anything of importance.

00:15:54.980 They can't defend the country, the Constitution.

00:15:58.200 They don't even know why it was written.

00:16:00.860 I have actually asked many people before, try this.

00:16:04.320 It'll scare the hell out of you next week.

00:16:06.220 What country did the United States break away from in 1776?

00:16:11.720 No clue.

00:16:13.220 No clue.

00:16:14.800 It is terrifying.

00:16:16.380 Tim, welcome to the program.

00:16:17.920 Thanks.

00:16:18.460 I am now a little scared to talk to people about Great Britain, or England, or I don't know, but I'm nervous now.

00:16:26.280 Yeah, I know.

00:16:27.220 I know.

00:16:28.040 I did a special last night, and I stood in front of this old schoolhouse, and it actually, the hills go up and down as you're on your way.

00:16:36.620 So it is technically, when my grandparents said I walked five miles to school uphill both ways, technically they were right on this schoolhouse.

00:16:47.240 But it was amazing to see, it was this building that was cut in half by this folding wall, and little kids on one side, and bigger kids on the other.

00:16:58.020 And you have something that, in those kinds of schools, back before we had the Department of Education, we had all the teachers' unions, we used to learn through catechism, which is you would learn the concepts of them, and then you'd have to defend it, correct?

00:17:15.560 Right.

00:17:16.220 Yeah, we actually, I brought several things with me over to show, but one of them is that early catechism, or one of the catechisms I think you're referring to.

00:17:23.820 Yeah, okay, so this is on the Constitution, and see how many of these you can answer yourself.

00:17:31.920 This was given to not eighth grade students, this was for seventh grade to fourth grade, or fourth grade to seventh grade?

00:17:41.440 So presumably, because there was no Department of Education, education was handled locally, so oftentimes the teacher would choose what she thought was the most appropriate, what he thought was the most appropriate for the students of that age.

00:17:52.480 For the class.

00:17:52.960 This is an elementary catechism, so it's a beginner catechism, and it was used in schools, so at this point you're guessing maybe fourth, fifth, sixth, seventh grade, because there were only eight levels or eight grades back then, but it was on the Constitution, and they literally start with the very beginning from 1776 when America became a nation, and we are a Republican form of government, and it goes through the sequence.

00:18:16.360 But some of the questions they ask are genuinely astounding when I chose a few fun ones, just to give the indication of-

00:18:25.960 Stu, hang on, Stu, I know, Stu, look up from the court for a second and see if you can answer any of these.

00:18:31.320 I've done this, I would absolutely fail.

00:18:34.380 Okay.

00:18:34.940 Go ahead.

00:18:35.320 Okay, so it's a setup question, as you mentioned, there's catechisms, there's questions and answers, so a question in the sequence says, may members of Congress be arrested, that is, seized by a sheriff or constable, for debts they owe while they are attending to their public duty.

00:18:49.940 So while they're serving in Congress, can they be arrested for owing debts?

00:18:52.820 I have no idea.

00:18:56.340 So the answer is-

00:18:57.600 I think the answer is no, but after they leave, once they're finished with the business, they can be?

00:19:05.980 They can be arrested while they're sitting in Congress, or if they're on their way to Congress, but if they're done with their business of Congress, you can arrest them afterwards, or if they're back home, you can arrest them for debts they owe.

00:19:16.060 So, however, the answer goes on to say is that Congress's job is so important that they can't be arrested while going or returning to their home, or the place where Congress meets, unless they have done one of three things.

00:19:28.800 What are the three things, next question, is what are the three things the Constitution says you can't arrest a sitting congressman or senator for?

00:19:36.440 Three things they can be arrested for.

00:19:39.000 Treason, murder, bribery.

00:19:43.520 Well, it actually is what they tried to charge President Trump with, was a breach of the peace.

00:19:49.600 So it's a treason, a felony, or a breach of the peace.

00:19:52.060 And then it says, when is a person guilty of treason?

00:19:54.860 And so the whole thing, the catechism is a building block where they walk you from the very beginning, but it literally walks through Article I, then Article II, then Article III, and Article IV.

00:20:03.760 So it's a sequence through this.

00:20:05.720 Everything is question and answer, but this is what children were getting when they were in that one-room schoolhouse,

00:20:11.000 when we talk about how much further advanced they were in an educational position at a very young age.

00:20:16.680 This is part of how they got there.

00:20:19.740 It's amazing because my grandfather only went up to third grade.

00:20:23.900 He got up to third grade.

00:20:25.500 He could neither read nor write, but he was a wildly intelligent man. 1.00

00:20:30.240 And I can't – I mean, you have kids that are going, you know, graduating from high school, even going to college, and they're morons. 1.00

00:20:42.400 Absolute morons. 1.00

00:20:44.280 It's incredible. 1.00

00:20:45.140 It is.

00:20:45.740 And one of the things we know is that even the Department of Education has revealed that it's approximately 19% of high school graduates who are graduating functionally illiterate.

00:20:54.580 They cannot read or write, and so those are also students that oftentimes go to college.

00:20:59.640 And I remember being in college around people who really did not know any kind of structure of sentences and paragraphs and writing things,

00:21:08.660 and I just thought, this is crazy, but this is the reality of the brokenness of the education system.

00:21:12.720 I know that – I saw some of the special last night.

00:21:15.080 This is part of the problem, and the further removed education has become from parents,

00:21:19.300 the less involved parents have been, the more it's allowed this brokenness to continue.

00:21:24.360 Yeah, we've got to break up the Department of Education. 0.99

00:21:28.600 This administrative state has got to be broken down.

00:21:32.780 It's got to be closed.

00:21:33.860 There's no reason that Washington is deciding what we can and cannot do in our own local schools.

00:21:41.400 That's madness, absolute madness.

00:21:43.240 We also are working with – through our American Journey experience, we have our Summer Institute that teaches kids American history,

00:21:53.220 and we have one more this summer.

00:21:55.060 When is the next one starting?

00:21:56.880 It's July 18th through 22nd here in Dallas.

00:22:01.080 Okay, and are we still taking applications?

00:22:03.680 We are.

00:22:04.200 We do have a few spots still available.

00:22:05.620 If people want to sign up, they can go to the American Journey Experience or Mercury One or Wall Builders.

00:22:11.500 All those websites will have places where they can sign up.

00:22:14.160 And this is something that there is an application process, there's an interview process,

00:22:17.600 because our goal is we're not trying to make converts, right?

00:22:20.780 Some parents get concerned, and they want their kids to be changed from the socialistic ideas.

00:22:25.460 Our goal for this program is to make disciples of kids who already believe the truth exists

00:22:30.460 and just want to be equipped and grow and learn more.

00:22:33.140 And so that way we can spend time helping kids go deeper,

00:22:35.740 not just trying to convert them from the craziness of what they've learned from their professors.

00:22:39.500 Right, this one is very specific, because this is going for 18- to 24-year-olds.

00:22:45.180 These are people in college.

00:22:47.420 We have had some that are a little wishy-washy and kind of torn back and forth,

00:22:53.120 but we're really trying to focus on the kids that generally get it.

00:22:58.620 I mean, they don't have to understand American history back and forth,

00:23:01.440 but they understand that we're a decent nation, that we were founded in God,

00:23:06.460 because it's a very short- this year, it's a short, short season because of all of our schedules.

00:23:12.740 And so it's a week, which normally takes us two weeks to do.

00:23:16.920 We're packing it into one week.

00:23:18.420 And these kids are transformed.

00:23:20.580 So if you know, or maybe your son or daughter is going into college or in college,

00:23:27.900 they want to understand American history.

00:23:29.920 They want to be able to defend it.

00:23:31.460 They want to be able to find out how to find the truth.

00:23:35.780 We're not teaching the truth.

00:23:37.560 We're teaching you how to find the truth by showing you the original documents.

00:23:43.480 Please go to Mercury One or American Journey Experience or WallBuilders.com,

00:23:49.040 and you can find all of the, you know, anything.

00:23:51.740 You just go to one of those, just fill out the form application, but do it right away.

00:23:55.580 Okay, how's our class doing this week?

00:23:59.580 I talked to them Monday when they first came in, and I don't think you had broken them down yet.

00:24:04.920 My favorite part of this is Tim is so good at rhetoric.

00:24:09.580 He starts with, so tell me what you believe.

00:24:12.460 And by the end of the day, all of the students are like, I don't know what I believe in you.

00:24:19.240 Breaks them down on, can you defend what you believe?

00:24:23.780 And that breaks the arrogance of today and allows them to open up their mind and go,

00:24:30.900 okay, all right, if I'm going to say I believe something, I better know why I believe it.

00:24:35.480 Correct?

00:24:36.040 Absolutely.

00:24:36.600 And it's something that we definitely have seen at this point now, being on the fourth day in with these students.

00:24:40.240 And as you mentioned, normally it's a two-week process, so we're able to take a little more time now.

00:24:45.280 We're definitely force-feeding, cramming some things as fast as we can.

00:24:47.940 But it's really, it's so fun to see kids that are hungry.

00:24:52.520 They want to know truth.

00:24:53.500 And as you mentioned on the first day, we try to expose that they might not know as much as they think they do, right?

00:24:58.600 They might have some opinions and ideas, but it's maybe not as grounded as they thought.

00:25:03.520 At 50, I didn't know as much as I thought I knew.

00:25:09.260 It's crazy.

00:25:10.400 And part of the goal of our program is we want to help kids be able to have experienced history firsthand,

00:25:16.160 holding original documents, going through the vault and seeing all the artifacts,

00:25:20.240 so that when they have a conversation, they can have a much more informed, intelligent, honest conversation,

00:25:26.320 saying, actually, I held the original documents, and here's what it said, and I know that story.

00:25:30.900 Well, here's, you know, almost like the Paul Harvey.

00:25:33.100 We tell them, look, you're going to get part of the story.

00:25:35.740 People are going to promote, right, some of the bad and the evil moments.

00:25:38.560 And sometimes you need to go, well, actually, there's more to that story.

00:25:41.440 Here's the Paul Harvey moment, the rest of the story.

00:25:44.600 And sometimes...

00:25:45.320 And even there is more bad stuff...

00:25:49.480 Absolutely.

00:25:50.100 ...in that story.

00:25:50.920 You know, we want them, we don't ever want any student to ever be surprised by the bad stuff in America,

00:25:58.600 because we have done, you know, I ask people, you know, is America good or is America bad?

00:26:05.460 The answer is yes.

00:26:07.540 Is Winston Churchill good or was he bad?

00:26:10.660 Yes.

00:26:11.740 He's both.

00:26:12.540 It's the trajectory, and are you learning from the past and the mistakes?

00:26:18.460 That's what matters.

00:26:19.740 There's no doubt about it.

00:26:20.920 And actually, one of the things, on Tuesday, we were going through some of the history of Columbus and Jamestown and Plymouth.

00:26:27.580 And in Jamestown, we talked about, you know, the 1619 practice, trying to say America's bad because of this.

00:26:31.660 And they're not even telling that story right.

00:26:33.360 But if you wanted to say things were bad, we could really go into some bad stuff.

00:26:37.180 And so we did.

00:26:37.880 And so we went back to John Smith's journal, and we talked about the starving time in Jamestown

00:26:41.760 and read about the actual cannibalism of Jamestown, where they had 490 people at the beginning of the winter.

00:26:47.700 And by that spring, they were down to 60.

00:26:50.120 They had starved to death.

00:26:51.200 But they started eating each other in Jamestown.

00:26:53.640 And the students, at the end of the day, when we asked them, hey, what's something that stood out to you today?

00:26:56.860 The number one thing students said was, I did not know that English colonies ever turned to cannibalism.

00:27:02.960 I didn't know it got that bad.

00:27:04.820 And to your point, there definitely are some really bad, despicable, evil moments in American history.

00:27:11.040 And what we do here is we try to teach students the whole story, but grounded it in truth.

00:27:16.620 So we're not just making accusations.

00:27:18.160 We actually pull out the documents and say, well, actually, here's where that was written.

00:27:20.920 Who wrote that?

00:27:21.840 Here's the story to equip them to be able to have more honest, intelligent conversations.

00:27:26.720 The American Journey Experience Summer Institute, if you want your kids involved, 18 to 24, we have few seats left.

00:27:36.600 Wallbuilders.com or theamericanjourney.org.

00:27:40.120 You can also find it at mercuryone.org.

00:27:43.580 Thank you, Tim.

00:27:44.540 Appreciate it.

00:27:45.140 Thanks so much.

00:27:45.760 God bless.

00:27:45.860 My friend, Josh Hammer.

00:28:03.080 How are you, sir?

00:28:04.020 Glenn, I'm doing great.

00:28:05.060 Just a quick one clarification.

00:28:06.340 I cannot claim the mantle of former Supreme Court clerk.

00:28:09.120 I'm a great admirer of Justice Alito.

00:28:10.940 But as for myself, I actually only clerked on the U.S. Court of Appeals for the Fifth Circuit.

00:28:14.500 But with that caveat aside, it's so great to be with you on such a great day for the Constitution.

00:28:19.480 Well, now I don't know if you have any credibility, because I was looking for somebody who was specifically clerked.

00:28:25.160 Josh, I really appreciate the time you've already taken today to look into all of these rulings.

00:28:31.280 I think this was a very good day for the Constitution.

00:28:36.420 It is.

00:28:37.560 I mean, it especially is.

00:28:38.920 Look, I mean, we have to talk about this gun case.

00:28:42.120 I mean, the court determined other cases today.

00:28:44.300 I, you know, they've just done this in the past hour.

00:28:46.860 I would be lying and misleading your listeners if I said I've been able to comb through the mall to find to come.

00:28:51.640 But certainly what I'm seeing here is is a great day.

00:28:54.760 There's another ruling out a case called Vega involving the expansion or the lack thereof.

00:29:00.280 The case may be of an erroneous 1960s era criminal procedure case known as Miranda versus Arizona.

00:29:05.840 This was like an excellent 6-3 outcome from Justice Alito.

00:29:10.060 But it is this New York state.

00:29:11.760 How does it wait, wait, wait.

00:29:12.740 Hang on.

00:29:13.560 Before we get to that, how does the Miranda case affect us?

00:29:16.900 So basically, the court had an opportunity to expand Miranda and an opportunity to expand Miranda into uncharted terrain.

00:29:26.520 And they and they refused to do so.

00:29:28.780 It was it was a 6-3 ruling that broke down on familiar ideological lines.

00:29:32.420 Basically, the court held that in a situation where a police officer fails to give a suspect his Miranda warnings and then the government uses that suspect's statements against him in court, the suspect does not have an implied legal right of action under the Fifth Amendment's right against self-incrimination to sue for that.

00:29:52.180 So it's a minor fact pattern dispute as a lot of these cases end up being.

00:29:56.800 But the principle is against the expansion of flawed precedent and really kind of it's interesting.

00:30:02.100 If you go back to 1960s, when the Warren court was obviously at its heyday, this is the point that I make time and time again in my law school speeches that I do to the Federal Society.

00:30:10.600 It's usually the, you know, the culture war cases, Griswold versus Connecticut, obviously Roe versus Wade.

00:30:16.240 It is the culture war cases that tend to generate the headline.

00:30:19.320 But it's actually the area of criminal procedure and cases like Miranda versus Arizona, Gideon versus Wainwright that really, I think, kind of make, at least for myself, kind of like a law and order conservative like myself, really kind of makes the hair on the back of my spine just totally leap up.

00:30:34.260 So this is a good decision in refusing to extend Miranda.

00:30:37.640 Maybe Miranda will be overturned one day. 1.00

00:30:39.460 It's not clear, but it's a step in the right direction, at least.

00:30:41.920 OK, so, Josh, I'd love to go back to why you think Miranda should be overturned, but we'll do that another day where we're not talking about the the huge gun case up in New York where I couldn't get a gun in New York.

00:30:58.000 I had 15 active threats.

00:31:01.360 I had Gavin DeBecker and associates, which were they're probably the best security detail in the country, in the world, really, and they were following these threats.

00:31:14.000 You know, my kids were looking at pursuer lists on our refrigerator.

00:31:18.640 If these people approach, go run, get mom or dad.

00:31:22.160 I mean, it was really bad and I couldn't get a gun in New York City because they deemed that I didn't have enough cause to have a gun.

00:31:33.920 That's been thrown out now.

00:31:36.380 So tell me what they've done.

00:31:38.700 What does this mean for New York and the rest of the country?

00:31:43.500 So it's a fantastic ruling.

00:31:45.140 Look, I have not had the chance to pour through this with a fine tooth comb.

00:31:47.680 It looks like the Justice Thomas majority opinion clocks in at 63 pages, you know, including concurrences and dissents.

00:31:53.760 We're up to 130, 140 pages.

00:31:55.400 So I've got my reading cut out for me for the rest of the day.

00:31:57.940 But based on my quick skimming of it, this is a thoroughly well researched.

00:32:03.060 I might even say thus far career defining majority opinion from Justice Clarence Thomas.

00:32:08.160 It's really interesting.

00:32:09.300 I was thinking about this recently.

00:32:10.980 It's unclear to me to date, or at least before today, whether Clarence Thomas had a career defining majority opinion.

00:32:18.740 He's written so prolifically for so long, but most of his greatest writings, especially on the hard hitting cases, have been in concurrence or more often than not, oftentimes in dissent.

00:32:29.220 But really, Anthony Scalia, I think in another gun case, 2008 D.C. versus Heller, had his kind of landmark career defining opinion.

00:32:37.980 And at least until affirmative action, I predict, is likely overturned next term.

00:32:42.280 We can get that if you want to.

00:32:43.620 At least until that day where I predict Thomas would also have the majority opinion.

00:32:47.320 This is his career defining opinion.

00:32:49.120 This is an issue that is very near and dear to Justice Thomas.

00:32:51.720 He wrote an amazing concurrence in the court's last major Second Amendment case, the McDonald versus City of Chicago case from 2010, where he had a magisterial 55 to 60 page concurrence just working through the history.

00:33:04.880 This issue is very near and dear to him.

00:33:06.720 He is a personal gun owner.

00:33:08.300 He enjoys hunting.

00:33:09.500 And from what I can tell, it's just a really thoroughly well researched opinion that reaches the clear and obvious result that anyone with any degree of familiarity with the Second Amendment text could tell you, which is that this is a right.

00:33:24.040 And the very act of talking about bearing arms, not just keeping them, but bearing them, obviously entails the ability to do so outside the home without oppressive restrictions, the likes of which, Glenn, it sounds like you face in my home state, my home state of New York.

00:33:40.600 And a point that Justice Kavanaugh makes in his very brief concurring opinion, he kind of drives home this point, which is the vast majority of states which have so-called shall issue regimes for their gun licensing permits, which means that you have to give the applicant a permit as long as they go through X, Y, Z test.

00:34:00.740 You know, they shoot the right number of targets, similar to what I did in Texas when I got my permit there years ago.

00:34:05.620 Those laws are all untouched.

00:34:07.360 The only laws that are jeopardized by today's decision are the more problematic, quote unquote, may issue laws, not the shall issue laws, where they basically give the licensing authorities a ton of discretion to arbitrarily decide where you have to, you know, you have to show that you truly, truly need it, whatever the heck that means.

00:34:26.700 But, you know, Glenn, the fact that you didn't get it.

00:34:29.800 Yeah.

00:34:30.880 Go ahead.

00:34:31.460 Yeah, is nuts.

00:34:32.240 So I wanted to ask you, so doesn't this make the Senate gun bill a joke?

00:34:39.040 I mean, that will have no teeth to it after this ruling, would it?

00:34:47.420 Yes and no.

00:34:48.980 It's really interesting.

00:34:50.280 I expect a lot of the commentary over the next 24 to 48 hours, being it's next week, is going to focus on this exact question, right?

00:34:56.380 So, in theory, they are different issues.

00:34:59.980 The ruling here today is talking about concealed carry and open carry licensing regimes in the states.

00:35:07.920 The Senate gun bill is, in theory, focused on other measures.

00:35:10.880 It's focused on things like red flag laws.

00:35:14.160 But it is a little intellectually inconsistent, or at least at a bare minimum, it would be a little peculiar, right, to have a liberalized, and I say that in a good way, a more liberalized concealed carry licensing regime, while at the same time having a red flag law in place that would just infringe upon due process rights willy-nilly.

00:35:34.700 Those two things would seem to be in tension with one another.

00:35:39.080 At a bare minimum, the timing of the release of this opinion, it really kind of sucks the wind out of John Cornyn and the other 13 Senate Republicans' momentum, that's for sure.

00:35:51.520 So, how will this affect other states?

00:35:54.460 New York, by the way, has just come out, and I'm going to talk about this in a minute.

00:35:58.560 New York has already come out and said, it's not going to change anything.

00:36:02.720 We're not going to abide by this.

00:36:05.180 Which is ironic, because that's what the Second Amendment is for, to stop an out-of-control, lawless government doing what they want and not abiding by the Constitution.

00:36:17.380 I just want to point that out.

00:36:20.480 Well, that's wild.

00:36:21.640 I have not seen that, but that's just wild stuff, if they said it that bluntly here.

00:36:27.180 Look, the entire idea behind the incorporation of the Bill of Rights, which is itself a legally debatable matter, I should say, but they have held, the court has held, that the overall majority of the enumerated rights in the Bill of Rights, including the Second Amendment, by the way, that's the McDonald versus Chicago case in 2010.

00:36:45.680 The court has held that these rights are incorporated against the states, which, to escape the legalese for a minute, means that a state cannot infringe upon these rights.

00:36:56.820 The federal government already cannot, but a state cannot as well.

00:36:59.320 So, this case is right out of New York State.

00:37:02.540 So, I mean, if New York State wants to go, you know, flip two middle fingers at the court when they itself are a party to the lawsuit, look, parties to the lawsuit are balanced.

00:37:12.680 Let me read exactly what Governor Kathy Hochul said.

00:37:18.460 She said, it's outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.

00:37:31.320 By the way, I don't know if she knows this, but Buffalo is in New York, so her law didn't do anything.

00:37:38.480 In response to this ruling, we are reviewing our options, including calling a special session of the legislature.

00:37:45.620 Just as we swiftly pass nation-leading gun reform legislation, we will continue to do everything in our power to keep New Yorkers safe from gun violence.

00:37:54.960 So, she didn't say we're not going to do it.

00:37:56.540 She said we're just going to find a way around it.

00:38:00.120 Right.

00:38:00.660 I mean, that statement is about what I would expect from a left-wing hack like the governor of New York State.

00:38:05.440 We'll see what they try to do.

00:38:07.320 I mean, like, they'll try to pass some law, maybe they'll try to issue something administrative, but inevitably they'll find themselves in court again.

00:38:14.380 And, you know, with the current composition of the court, if that ultimately makes its way up to the Supreme Court itself, you have to like the odds of the side of gun rights.

00:38:23.400 The reality is that if I have the number correctly, I think it's 43 of the current states in the country.

00:38:29.640 If I recall the number from the Kavanaugh-incurring opinion today, 43 of the states are either, quote-unquote, shall-issue states or just straight-up constitutional carry states, states where you simply do not need a license to exercise your right to keep your arms outside the home.

00:38:44.220 So we should note that this opinion does not actually apply to the vast majority of states.

00:38:49.620 We're really only talking here about deep blue states such as New York State.

00:38:54.300 And, look, I mean, cynically speaking, as someone who was born in New York and fled many years ago, I mean, if it is oppressive laws like this that incentivize more people to flee blue state tyranny for red state freedom, you know, far be it from me to criticize people to do so.

00:39:08.620 But the statement that you read, Glenn, you know, I would expect them to say something along those lines.

00:39:14.320 So my producers are freaking out because they want to make sure that I clarify something here that I just said.

00:39:23.460 Historically, the reason why the Second Amendment exists is not for hunting, not a sport.

00:39:32.260 I want to go shoot clay pigeons.

00:39:34.120 OK, that's not what it was about.

00:39:36.100 Otherwise, you might be able to find, like, bowling in the Constitution and the Bill of Rights.

00:39:42.320 It's not about a sport.

00:39:43.420 It's about protecting yourself and protecting your community against an out-of-control rogue government.

00:39:54.240 That's what it's about.

00:39:55.400 So I just find it ironic that if they're like, we're not going to obey by this rule, that's what the Second Amendment, that's what the founders were talking about.

00:40:05.340 Right.

00:40:05.880 But you're somebody that just decide as you just read that statement.

00:40:09.500 That's that's not exactly what's happening.

00:40:11.120 You're not exactly calling for a civil war against Albany.

00:40:14.300 I don't think.

00:40:15.280 Are you?

00:40:15.780 I want to make sure here.

00:40:17.940 Because, I mean, you're talking about this was the motivation at the time.

00:40:21.100 You have to follow these traditions and these rules.

00:40:23.360 But this is a much, much different case here as we're talking about it now from some statement from a long way.

00:40:30.420 You know, I'm just yeah.

00:40:32.120 I'm just talking about how ironic it is that that's what the founders.

00:40:36.460 Sure.

00:40:37.460 You know, said that that's really important because if they're you know, as George Washington said, when the people fear of the government, there is tyranny.

00:40:46.560 When the government fears the people, there is liberty and, you know, part of that is being able to question them, to speak out, to have a free press, to assemble and also to own a gun.

00:41:00.540 Anyway, Josh, anything else that that you see that came out today that you think is is good news in a in a far reaching way?

00:41:13.940 Well, first of all, let me just chime in briefly on the conversation that you and Stu were just having.

00:41:17.820 I obviously cannot agree with you guys more on the philosophical underpinning of the Second Amendment.

00:41:22.260 Glenn, I know that you will you will uniquely appreciate this just because I know how much you care about this issue.

00:41:28.800 But, you know, I'm Jewish, obviously, I keep on my desk at all times a rock that a rabbi gave to me years ago that he smuggled out of the crematorium of Auschwitz.

00:41:37.960 And I keep next to that rock a rock that I myself took from Treblinka. 0.71

00:41:43.720 And then across my room, I have my, you know, my Daniel Defense AR with lots of ammunition and mags and all that.

00:41:51.240 And to me, I refer to that to my friends as my Warsaw ghetto gun. 0.68

00:41:54.700 I mean, so no one understands the philosophical underpinning of the Second Amendment more than I do.

00:41:59.200 So I just want to echo your sentiments on that.

00:42:01.180 It's it's it's very well said.

00:42:03.800 And, you know, the Germans gave the Germans gave all of the information of where their guns were to the Weimar Republic.

00:42:11.660 You give it in good faith because the Weimar Republic said, oh, we'll never use this.

00:42:16.240 Well, then the Nazis came in and guess who took all the information and knew where all the guns were. 0.73

00:42:20.520 That's why you just don't do these things.

00:42:22.140 But anyway, go ahead.

00:42:24.480 Exactly.

00:42:26.800 Shifting a little bit as far as the other cases that came across the transom today.

00:42:30.060 So there's a there's an Eighth Amendment case about a method of execution that I have not had the chance to review yet.

00:42:35.940 It's a case out of Georgia called Nancy V. Ward.

00:42:39.580 Long story short, there's been all sorts of kind of activist litigation for many years now where, you know, the predictable groups, the ACLU groups like that will sue.

00:42:48.000 And they have the effect of of incrementally outlawing or seeking to outlaw various forms of execution, which only then make you have to look harder and harder to find the right cocktail.

00:42:59.280 It's a very pernicious legal tactic with the obvious and not so subtle end goal of trying to reabolish the death penalty in America.

00:43:05.800 It looks like the wrong side won today.

00:43:08.800 But I a glimmer of hope, though, I see that Justice Barrett actually filed a dissenting opinion in that case.

00:43:14.320 So even though Kavanaugh defected, it's good to see that Justice Barrett, at least, is on the right side of this Eighth Amendment issue.

00:43:19.920 Another case that I have not really fully had the chance to break down, it's out of the Fourth Circuit.

00:43:25.360 It's a case in North Carolina.

00:43:28.340 Basically, here it's a case called Berger versus North Carolina State Conference of the NAACP.

00:43:33.400 The court ruled, and it's notable because it's an eight to one ruling, an eight to one ruling.

00:43:37.640 They ruled that Republican state lawmakers in North Carolina are able to intervene to defend their state's voter ID law that the NAACP challenged.

00:43:46.960 So the procedural posture there is it's not it's not a substantive claim.

00:43:51.600 It's more of a procedural claim.

00:43:52.900 Rather, the reason I want to flag it for your listeners, I think it's worth discussing at least a little bit, is because it's an eight to one opinion.

00:43:59.960 The only person who dissented here is, predictably speaking, Sotomayor.

00:44:03.820 And that's a real rebuke to the U.S. Court of Appeals for the Fourth Circuit, the lower court that heard this when you get reverse one by the court, when everyone but Sotomayor disagrees with you.

00:44:12.800 And it really paints a stark picture as to how much the Obama presidency changed the Fourth Circuit, among some other circuits.

00:44:19.700 So we really do have a long road ahead of us to get on these lower courts back in order, unfortunately.

00:44:24.760 But this case did come out the right way.

00:44:26.580 Josh, thank you so much.

00:44:29.120 This is Josh Hammer.

00:44:30.060 He'll be joining us again tomorrow because more rulings are coming out tomorrow.

00:44:34.160 And we're coming close to really big ones.

00:44:37.460 Na na na na na.

The Glenn Beck Program - June 23, 2022

Best of the Program ｜ Guests： Tim Barton & Josh Hammer ｜ 6⧸23⧸22

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