Judge Napolitano - The Myth of Emergency Powers - podcast episode cover

Judge Napolitano - The Myth of Emergency Powers

Feb 12, 202514 min
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Transcript

Speaker 1

Here's your Channel nine first morning weather volcast. Winter Weather Advisor in effect until eleven this morning. Some flurries out there, roads are slicky. Very careful. I have forty today done to twenty nine tonight with rain and mostly cloudy sky's tomorrow rain tapering off early morning. To want to sigh thirty two with an open agle of fourteen and clear skys. Clear skies on Valentine's Day with a high of thirty seven thirty two degrees. Right now, Chuck Ingram, what's going

on out there? It didn't fire? Ghost to the machine, Judge Edita Politano. Sorry, he may very well have recorded the traffic and kind words or compliments or goofy sentiments relating to you, but we didn't get the recording audio, So sorry about that. It's usually a comical start to our conversation, Judge and Polatona.

Speaker 2

Is this another colossal oohs that he's pulled off on us?

Speaker 1

It could be. Hey, listen, man, I started out the morning show yesterday five Am. Joe's got great guests lined up all throughout the morning. Like today with you. The phones aren't working. People are calling in to have comments. None of the audio is coming through we can't communicate with anybody, and I'm like, oh Lord Almighty, that means that I'm going to have to fill up four solid hours by myself, which to me is an anxiety the

inducing experience. So finally got the phones fixed, but we had to deal with Chicago to do that or something. It's crazy, Eddie, what a.

Speaker 2

Great conversation you just had with Congressman Massy. Everybody should hear that. Everybody in the Congress should hear that the President of the United States, the federal Judiciary, everybody should hear that he is the only person I am aware of that has a full, unbridled, intellectually honest, constitutionally faithful grasp on the excesses of today.

Speaker 3

Simply marvelous and courageous and.

Speaker 1

Well craigous in the sense that he's calling out his own fellow Republicans. I mean, he's more libertarian, but they're the problem.

Speaker 2

I mean, he doesn't have to worry about re election because his constituents appreciate him, but calling out his fellow Republicans is what is deeply, deeply and profoundly needed.

Speaker 1

Yeah, I mean, and after all this work, to say what you want about Elon musk. But at least he's bringing it to our attention the just ridiculous expenditures of money which are indefensible that they would refund USA to the forty billion dollars are currently getting. I mean that that is even within the realm of possibility is mind blowing to me.

Speaker 3

Yeah.

Speaker 2

Well, you know one of the lessons I learned when I was on the bench, like, why are we doing this? Well, judge, it's been done this way in this courthouse since before you were born. Well, that's no reason keep doing it. It's not authorized by the statute.

Speaker 3

I don't remember what it was, but that is a habit in government.

Speaker 2

The engines of government are run by people that are unseen, and they're the ones that do things just because it's always been done that way. Congress ban Messy is almost shoveling against the tide when he attempts.

Speaker 3

To resist that.

Speaker 1

Sissiphis I always say to that, right, anyway, you roll that.

Speaker 3

Rock to the top of the hill. As soon as you get up there, it rolls.

Speaker 1

Back down exactly. Well, the exercise is, you know what he's doing. It's it's the the revealing to the world. And yet faced with even fellow Republicans who can't grasp a fiscal responsibility, who don't care that we are spending trillions of dollars beyond what is even taken into our debt. Service bill is bigger than that ridiculous eight hundred and fifty billion dollar defense bill, which we know is filled with all kinds of fraud, waste, and abuse. It's just

I don't know. It's almost as if they want the ship to crash or they want the plane.

Speaker 2

I have often argued, and you've heard me say this, that we don't have two parties.

Speaker 3

We have one party. It's the Big Government Party.

Speaker 2

It has a Democratic wing which prefers to spend money one way, and a Republican wing, which prefers to spend.

Speaker 3

Money another way. But they each prefer.

Speaker 2

To spend money that we don't have. They both do things to keep themselves in power, and there's very little difference between them. They pretend there's a difference between them, but they have collectively wrapped up nearly thirty six trillion in debt and there doesn't seem to be any stopping them.

Speaker 1

I think it's going to have to collapse before anything can be done about it. It's like broken.

Speaker 2

Well, it may very well collapse like the old Soviet Union collapsed. I have attempted to put into the President's ear through someone that I occasionally communicate with.

Speaker 3

Who has this year all the time. Maybe it's time for a convention the States.

Speaker 2

Maybe it's time for a constitution that seriously limits the federal government and allows you, as Ronald Reagan used to say, to vote with your feet by moving to a state where the laws are to your liking. Today everything is regulated by the Feds. The states are bribed.

Speaker 3

By the Feds. Do what we want and what we pave the highways for you.

Speaker 1

Well, I talked to the president of the Convention of States group that is organizing it and pushing for it, and more and more states are taking an interest in it. I think sixteen or seventeen states have already approved it passed legislation calling for a Convention of States. So that idea may happen. It may happen, your honor, I hope

it happens in my lifetime. It will be things to behold because part of the motivation is forcing the government to live within its means and have a balanced budget.

Speaker 2

So, as I said at the end, of my column coming out tonight. When the government destroys liberty and property, according to Thomas jeff it is the right of the people to alter or amashit.

Speaker 1

Yes, you hate to have to see it come to that, but you're right.

Speaker 3

Let's you do you you do. Founding fathers did not mince words in the things that they said, And of course Jefferson was talking about violence. I'm not talking about violence.

Speaker 2

I'm talking about doing this, you know, lawfully and peacefully.

Speaker 1

Well, they did provide us some mechanism to do that lawfully and peacefully. That's the Convention of States. It's better that than a revolution.

Speaker 3

Right, right, right, exactly.

Speaker 1

Well, you and I are not fans of the imperial presidency. As I pointed out with Congressman Mascy, we've been down this road before. If Congress was functioning and able to do something on behalf of the American people and not on their own best interest, then something might get done along the lines you heard congressom Mancy mentioned. Listen, for every Doge recommendation, we should incorporate it into a reconciliation bill that we could get past. But no, his colleagues

aren't interested in that. So beyond that your column the myth of emergency powers. It's a brilliant column, as as always point out. I thoroughly enjoyed reading it. But it does discuss the Ninth Amendment, and I just want to give you, let you give my listeners a little insight to your point on this so they can get a copy of it when it comes out tonight.

Speaker 2

Well, presidents have often claimed, I mean, this goes back to Abraham Lincoln and now Donald Trump. But Trump is not the only one. FDR did this many many times, that by declaring a national emergency, they somehow acquire powers to do things from some source other than the Constitution,

which they ordinarily wouldn't be able to do. Both Lincoln and FDR claimed they could arrest people without charges and without bringing them before a judge, in Lincoln's case on the basis of their criticism of him, and FDR's case on the basis of their nationality.

Speaker 3

What provoked this was.

Speaker 2

President Trump saying he might declare an emergency at the at the Texas Mexico border, and that would give him more powers to arrest and use the military.

Speaker 3

Well, no, it wouldn't. This is a myth.

Speaker 2

That presidents have I'm not just picking on Donald Trump. A lot of people listening to us, I know, agree with what he wants to do on the border. A lot of people listening to us now agree with what he's dispatched elon must to do.

Speaker 3

But these things must be done lawfully.

Speaker 2

They can't just be done by the executive assuming powers that the executive doesn't have, or powers.

Speaker 3

That belong to the Congress.

Speaker 2

If Donald Trump can rewrite the laws by saying, whoo, there is no Department of Education, well then there's no stopping.

Speaker 3

Him or a future president from doing the same.

Speaker 2

I happen to think the Department of Education is unconstitutional, but.

Speaker 3

It's the law.

Speaker 2

It needs to be undone by Congress, not by the president. In terms of this emergency nonsense, whenever the courts have looked at it, they've said, there is no such thing as emergency power. The only power the president has is what's given to him.

Speaker 3

Or her in the Constitution.

Speaker 2

We had a terrible example of this in New Jersey during COVID, and then when COVID was over, turned out that the governor was still the governor of New Jersey, but in his last year and he's term limited thanks.

Speaker 3

To be to God.

Speaker 2

Phil Murphy decided he enjoyed emergency powers so much he didn't want to give him up, even though COVID was over and life had returned to normally recently did give them up. By the way, this is the same Phil Murphy who said, if my housekeeper were an illegal alien, I would hide her in the governor's mansion and defy ice to find her. What a crazy thing for a person responsible for the laws to say. Whereupon Tom Homan said, what's your address, Governor, We're coming over. Well, you can't

make this stuff up. So all these things were going through my head. I'm sorry I'm talking so much, Brian as I decided to coalesceent around the myth of emergency powers, the belief that the public has that the Congress accepts that the presidents have articulated that by declaring an emergency, they somehow, from somewhere, from some source not the Constitution, acquire more power and it's somehow lawful.

Speaker 1

Blonney Well, same along the lines. Comparable anyway to waging war when there's been no declaration of war nothing.

Speaker 3

That's another thing.

Speaker 2

The Congress looks the other way when presidents start wars when Barack Obama used the CIA so that he didn't have to report this under the War Powers Better Resolution to bomb Libya. Congressman knowingly look the other way. I happened to be interviewing than Harlem Congressman, longtime Harlem Congressman Charlie Wrangele on Fox News.

Speaker 3

I said, Congressman Wrangell, how can you allow this to happen?

Speaker 2

Oh wow, Judge, if it fails, we don't want to have anything to do with it.

Speaker 3

And if it succeeds, we'll say we gave him the power to do it. That is nonsense.

Speaker 2

That is a failure to uphold his oath, which is to preserve, protect, and defend the Constitution.

Speaker 1

Wow. Well, you know, between you and Congressman Massy, it's rather a bit of a downer couple of conversations. It is what's going on.

Speaker 3

Say, Constitution of the States. My dream would be to be the chair of it.

Speaker 2

Oh wow, to be personally involved in rewriting the Constitution. Congressman Massy knows that this is my dream. But we'll see what happens. I happen to think that the President of the United States, whatever you think of him, would favor.

Speaker 1

This yeah, I agree with you. I think he's not picking or choosing any specific action and not analyzing it from a constitutional perspective as you and you and I might do. I think what he is offering and trying to accomplish through his executive actions is in the best interests of America, like getting rid of fraud, waste, and abuse and get ready eradicating the departments that shouldn't exist anyway.

There's already forty nine lawsuits that have been filed against his executive actions, so ultimately, the third branch of government, the legal system, will definitely be resolving these issues, and it may maybe take a while, but maybe we can restore some constitutional order in all of this. Judge Andrew Neapolitano, we always end on judging freedom, your podcasts and your conversations. Who are going to be hearing today, Phil Giraldi.

Speaker 2

And Pepe Escobar, two of my superstars, and along with Aaron Monte, who's a young investigative journalist, one of the best in the business, who keeps coming up with more waste, fraud, and abuse that the foreign policy establishment does not want us to know about.

Speaker 1

Wonderful. We'll look forward to those conversations and I'll look forward to next Wednesday, another great conversation with you, sir.

Speaker 3

Thank you. A great day.

Speaker 2

Starting out by listening to you and Congressman Messi has been a treat for me, and of course being with you is always a treat.

Speaker 3

Thank you, Brian.

Speaker 1

I'm blessed to have the opportunity to speak with you. Man I really truly am God bless you, sir. We'll talk next Wednesday, coming up at eight forty three here at fifty five KRC.

Speaker 3

The talk station fifty five KRCY

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