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July 27, 2020 - The Charlie Kirk Show
25:47
John Roberts and the Latest SCOTUS Betrayal
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Supreme Court Betrayal 00:14:50
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Hey, everybody.
The Supreme Court has betrayed us again.
We dive into that and also the lawlessness happening in Portland and Chicago.
Listen to our sister episode where I take your questions, freedom at charliekirk.com, freedom at charliekirk.com.
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Very important episode here.
Buckle up.
Here we go.
Charlie, what you've done is incredible here.
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Do casinos matter more than churches?
Any reasonable person would say that of course not.
That a casino and the gambling industry does not matter as much as American churches.
On Friday, Supreme Court Justice John Roberts sided with the court's liberal wing in a 5-4 decision that rejected a Nevada church's request to block the state government from enforcing a cap on attendance at religious services.
Places of worship in Nevada have had a hard 50% limit amid the Chinese coronavirus pandemic.
Businesses such as casinos and restaurants can operate at half of their fire code capacities.
Calvary Chapel Dayton Valley rightly argued that the discrepancy was a violation of the First Amendment.
Conservatives roundly blasted the ruling.
Senator Ted Cruz tweeted early Saturday morning that John Roberts had, quote, abandoned his oath.
I agree.
Senator Tom Cotton from Arkansas, great guy, said, what happened to that judge?
Freedom of religion is our first freedom.
Yet SCODIS has ruled that casinos can host hundreds of gamblers while churches cannot welcome their full congregations.
Justice Roberts once again got it wrong shamefully, closing church doors to their flocks.
I also tweeted out saying today the Supreme Court has ruled that a church does not matter more than going to a strip club and getting marijuana.
Justice Gorsuch, nominated and confirmed by President Trump, delivered one of the most succinct and cutting dissents you will ever read.
It's just a paragraph, but it's totally amazing.
This is a simple case, Justice Gorsuch writes.
Under the governor's edict, a 10-screen multiplex may host 500 moviegoers at any time.
A casino may cater to hundreds at once, with perhaps six people huddled at each craps table here and a similar number gathered around every roulette wheel there.
Large numbers and close quarters are fine in such places, but churches, synagogues, and mosques are banned from admitting more than 50 worshipers, no matter how large the building, how distant the individuals, how many wear face masks, no matter how the precautions are followed.
In Nevada, it seems it is better to be in the entertainment industry than in religion.
Maybe that is nothing new, but the First Amendment prohibits such obvious discrimination against the exercise of religion.
The world we inhabit today, with a pandemic upon us, poses unusual challenges, but there is no world in which the Constitution permits Nevada to favor Caesar's Palace over Calvary Chapel.
Phenomenal dissent by Trump nominee Neil Gorsuch.
Brett Kavanaugh ruled correctly on this case.
So did Samuel Alito, and so did Clarence Thomas.
But the George W. Bush appointee John Roberts has betrayed America again.
Now, mind you, Alito made the point that in Nevada, as elsewhere around the country, the requirements for holding church services have been tougher than other activities.
This cannot take place, he argues, if the Constitution is followed in both letter and spirit.
It can happen if it is used only as a reference document.
Then it can be rejected when expedient or comfortable.
Now, remember, the First Amendment has six elements to it.
Number one, the freedom to establish religion.
Number two, the freedom to exercise religion.
Number three, freedom of speech.
Number four, freedom of press.
Number five, freedom of assembly.
And number six, the freedom to petition government.
Very important to remember that the First Amendment is not just freedom of speech.
There are six very specific clauses to the United States First Amendment, which is the recognition and protection of natural rights given to us by God.
Since it is difficult to exercise religion without first establishing it, the two are inextricably linked.
This means that the last week's Supreme Court decision basically just took out one-third or 33% of the First Amendment.
Now, someone could rightly argue that, quote, but they just took out one-third in this particular issue.
Well, I guess that would be correct.
But the idea behind a Constitution is that you can never take out any of it.
It is not meant to linger in essence or in predominantly its intended form.
It's supposed to never be violated.
Now, before moving beyond the First Amendment issue to an even bigger issue here that no one is talking about, remember, there has been a movement afoot to limit the free speech portion of the First Amendment, and many university students favor such a move.
Do not underestimate the importance of chipping away at our liberties with small strokes ever so steadily when they are making an entire structure weaker overall and even more susceptible to larger hits.
Now, for a second, consider what else happened in the Supreme Court as of late.
On June 15th, the court ruled in Bostock versus Clayton County, Georgia, that the 1964 Civil Rights Act applied to, quote, transgender people, those people who, either for lifestyle, political, or mental health reasons, decide to label themselves as being something other than the gender that they were given by God.
Now this decision, thanks to unfortunately Neil Gorsuch and John Roberts, was said to be its equal application of the law.
Now the scathing dissents were written by Justice Kavanaugh, terrific, said the following, that although the court does not want to think about the consequence of its decision, we will not be able to avoid those issues for long.
The entire federal judiciary will be mired for years and the disputes about the reach of the court's reasoning.
Also remember, on June 18th, in the U.S.
Department of Homeland Security versus the regions of the University of California in a 5-4 ruling, Roberts again joining the collectivist anti-American Marxist judges who make no secret their contempt for the United States Constitution, said that the executive order issued by President Trump to effectively rescind the previous executive order issued by President Obama granting special status to the children of illegals could not stand without President Trump providing suficious justification to the courts.
There is no possible constitutional justification for not letting one executive order repeal another.
This is revisionist, leftist, statecraft, lawcraft, you could say, to try to get a desired aim.
The same week as those decisions, the Supreme Court refused to hear not one, not two, but 10 separate cases addressing Second Amendment rights.
Why?
The only logical explanation is that they know the Second Amendment is controversial, so they do not want to add to the public's general unrest.
But the Supreme Court of the United States is not a national therapist.
They are a national adjudicator of the law and its conformity or lack of conformity to the United States Constitution.
Now, some people can argue and say, but Charlie, there have been some solid constitutional rulings from the court as of late, like the Supreme Court of the United States ruling in the Espinoza versus Montana case that states that the public cannot exclude public funding for private religious schools.
But the problem is that while the ruling seems solid, it does not explain the other rulings where the Constitution is being disregarded.
Now, let's look at the big picture here.
At the helm is Chief Justice Roberts, who has shown himself to be an unprincipled man since taking over as Chief Justice of the Supreme Court of the United States.
He was the one who famously allowed Obamacare to stand by ruling it to be a tax.
Now, when the architects of Obamacare argued in, quote, black letter to the American people that it was not a tax, John Roberts said it was a tax to try to justify it.
The theory around John Roberts' Obamacare decision, which upheld the heart of the Obama presidency at the time, is that he did not want to overturn the, quote, will of the people as reflected through the legislative process.
But that is exactly what the Supreme Court of the United States is supposed to do.
That is our only real protection against the tyranny of the majority that Madison warned against in the Federalist Papers.
Speaking of those papers, Alexander Hamilton wrote in Federalist 78 to 85 and made the argument for the structure of the judiciary.
With regard to the Supreme Court, Hamilton wrote, and this was of course before he was shot, that the Supreme Court of the United States overruling Congress was intended to curb the, quote, turbulence and follies of democracy.
Now said more simply or plainly, the Supreme Court was supposed to guard against the tyranny of the angry majority.
Said even more plainly, guard against the tyranny of the angry mob.
Now, mind you, Hamilton argued for an activist court.
Now, not the kind that liberals want, but the kind that is willing to actually stand up to against abusive legislation.
Roberts has repeatedly disregarded this directive from Hamilton.
As a result, he has left the Constitution weaker, and he will never get a Broadway musical named for him.
When the Supreme Court abandons its obligation to hold on to the United States Constitution, we become a nation without a Constitution.
Now, I know it sounds alarmist and it sounds dramatic, and you might be saying, Charlie, come on, just root yourself in facts.
But I hold that truth to be self-evident.
If it doesn't always apply, then there is never a case where it has to apply.
This leaves us without a governing document, and instead, it leaves us with suggestions.
It leaves us with guidelines.
The Supreme Court, over time, has done a poor job in attempting to hold the Constitution in its original form, but if a Supreme Court comprised of a majority of justices who are supposed to be constitutional good guys start to behave like the constitutional bad guys, then all the bets are off.
America is quickly moving in a direction of becoming a common law nation at the constitutional level.
Now, if you say, Charlie, that is contradictory on its face, I would agree.
That means our movement, the direction that we are going, is actually destined for failure unless we as constitutionalists demand a different direction.
The original Constitution is located in the National Archives Museum.
A museum is a place where we put things that once were, but no longer are.
The copy of the Constitution there is literally the actual document.
We are now getting ready to figuratively archive the living version.
Typically, things go from active status to museum status because they have been replaced by something better.
I actually trust Elon Musk to supersede Henry Ford.
I do not trust John Roberts to supersede Alexander Hamilton or any of our founding fathers.
And so with that today, because of the Supreme Court of the United States, because of John Roberts, churches are not protected under the First Amendment, but casinos, strip clubs, and marijuana dispensaries are.
This is one of the most egregious rulings I have seen when it comes to the Supreme Court.
We as conservatives have to make sure we get more Trump-appointed justices, not traditional Republican-appointed justices like John Roberts, who continually rules with the radical left-wing Democrat mob.
Right now, we are going to see churches completely and totally under attack.
On Wednesday, I'm speaking at Calvary Chapel, Chino Hills, Jack Hibbs in California, who had 10,000 people at his church services last weekend.
Cities Under Attack 00:07:32
He has been threatened with arrest.
They have threatened to turn off his power, and yet he holds the line.
Pastor Rob McCoy, who was just on our podcast yesterday, also stays open in California.
These pastors are fighting for their lives.
Their congregations are remaining strong.
And what does the Supreme Court of the United States do?
They say that you are not essential, that your rights to speech does not matter.
The First Amendment shall not apply to religious speech.
Only if you want to lose your money, get marijuana or go to a strip club.
We must fight back.
We must stand with strong constitutional Supreme Court justices like Brett Kavanaugh, Ilito, and Neil Gorsuch, and demand that the rule of law and freedom of speech is protected, especially for churches, because church is essential.ag.
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And we know when you give the mob an inch, they will take a mile.
And in Democrat city after city, they allow people to burn down cities, but they go after law-abiding citizens that do nothing wrong.
It's illegal to go to church and to sing in California, so Jack Hibbs and Rob McCoy are fighting against.
But you can riot all night in Portland or set up an autonomous zone in Seattle, not to mention pot dispensaries are open, but I can't take communion.
We cannot let the left get their hands on power in government.
So I tweeted today: we cannot let the left get their hands on government.
I have said once, and I will say again, we must re-elect Donald Trump.
Look what Obama did with our intelligence agencies.
Look what Obama and Biden did in China and in Ukraine.
Look what they did with the Internal Revenue Service.
Look at how they attacked people of faith and the freedom of religious conscience.
They attacked, criminalized, targeted anyone who dared disagree with their worldview.
You see, the left likes to point to Trump as the reason for all the racial tension and division in our country.
But remember, this all started under Barack Obama.
Obama apologized for America.
He fueled the grievances of the racial grifters who profit and find their power from blaming everything on racism and dividing Americans.
Now remember, BLM started under Obama.
Remember that Ferguson, the burning of Ferguson, Missouri, happened on his watch.
In many different ways, we're suffering under the legacy that Barack Obama left us with.
Now remember, the federal government has 100% authority to protect federal buildings in places like Portland.
ABC's Jonathan Carl thought he was going to trap Kaylee McEnany with questions about federal response in Portland during a press conference this week.
Kaylee McEnany is phenomenal.
I encourage you to go back and listen to our episode of Kaylee McEnany.
She's hyper-organized with tabbed briefing books that have become a news story all of their own.
She shows him what it's like to be informed, unlike most of the activist media.
McEnany cited 40 U.S. Code 1315 as evidence that the Department of Homeland Security is operating within its lawful jurisdiction in Portland, Oregon.
Quote, it gives DHS the ability to deputize officers in any department or agency like ICE, Customs and Border Patrol, and Secret Service as officers and agents.
This also means that if a federal agent gets a brick thrown at their head, that those federal agencies responsible can go and seek out arrest of those criminals.
These same debates are happening from Richmond to Seattle and Chicago and New York City.
All of the places, mind you, where crime has skyrocketed.
This is no longer about racial justice.
This has nothing to do with George Floyd.
This is about Donald Trump.
They are raging against Donald Trump.
They have not accepted him.
They are raging against the president, and they have turned it into their scapegoat.
They hate him more than they love America, and they are proving it.
So this all kind of ties to the theme of this episode, the importance of these elections, where lawless arsonists and terrorists are allowed to burn down Portland for 56 days straight, where vigilantes and criminals are allowed free reign to burn down American cities.
But peaceful Christians cannot take the blood and body of Jesus Christ in Las Vegas, Nevada, or anywhere across the country.
It's very interesting how the Supreme Court decided to insert itself into this conversation around gatherings in Las Vegas.
The Supreme Court of the United States, and with it, most of our governmental agencies across the country have now made the deliberate and conscious decision to try to side with the left-wing mob.
This only raises the stakes of why we need to elect Donald Trump to four more years.
You see, President Trump is mobilizing federal resources to protect our American cities.
Because for President Trump, black lives actually matter to Donald Trump, unlike the American left, where just in July, there have been 86 people shot and killed in Chicago, 428 shot and wounded, 514 total shot, and 96 total homicides.
Just last week, there were 22 shot and killed, 116 shot and wounded, and 138 total shot with 23 total homicides.
And year to date in Chicago, 394 shot and killed, 1,838 shot and wounded, and 2,232 total shot, and 437 total homicides.
Donald Trump is rightly and correctly mobilizing federal resources to protect our inner cities, to protect our cities from arson and from terror that is happening every single day.
There is a division point coming up in our country where we are either going to embrace first principles of free expression, private property, and decent, reasonable Americans, or we will hand over power to the mob and the people that protect the mob, like John Roberts, who pretend to be Republicans and constitutionalists, but actually aren't.
There is rioting, arson, and murder happening in the streets of our great cities.
Protect Your Home 00:03:24
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Please listen to our sister episode where I take questions from you.
That you guys emailed me, freedom at charliekirk.com.
Freedom at CharlieKirk.com.
I love hearing from you.
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The Supreme Court disregarding the United States Constitution is not something new.
We've seen it throughout our history, especially from the Warren Court and to some extent to the Burger Court.
Whether you happen to love the Supreme Court, doing extreme constitutional makeover like it did in Griswold, which was inventing a right to privacy, or Roe, which was inventing a right to have an abortion with certain arbitrary non-medical trimester distinctions, or hate it, there's nothing new about it, except for the fact that they're now trying to turn the Constitution into an irrelevant relic in our country.
The Supreme Court of late has made rulings and not made rulings that seem to indicate that the Constitution is now becoming a suggestion document, not a document of the rule of law.
If we no longer become a nation of laws, which we are not enforcing in Portland, which we're not enforcing in Chicago, and the Supreme Court is not enforcing, then we will go into a spiral of anarcho-tyranny.
Anarcho-tyranny will result in leftist autocrats having total power while we the people have to suffer under the anarchy that they created.
We're going to go more into that later this week, but the rule of law is something that we must be incredibly worried that we are losing in our country because even the appointed individuals that we have put at the nation's highest court are not defending our first freedoms.
Please email me, freedom at charliekirk.com, freedom at charliekirk.com.
Big week in store.
Thank you guys so much for listening.
Stay safe.
God bless you.
Thanks so much.
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