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Nov. 9, 2021 - The Charlie Kirk Show
36:22
King Biden Crosses a Dangerous New Line
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Destroying The Constitution 00:02:47
Hey everybody, what is the rule of law?
Article 3 of the Constitution.
What happens when the president decides to ignore the courts?
We've explored this topic before, but it is more applicable and important than I think ever before.
We go into the slow-motion destruction of the United States Constitution and more.
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Fighting For Campus Freedom 00:07:29
The three branches of government.
We're going to get it right because we're not Alexandria Ecasu-Cortez.
The executive branch, the legislative branch.
And Article 3 talks about the judicial branch.
I have right here the Constitution of the United States.
Constitution means structure.
It means agreement.
It means, it can mean partnership.
If you go back to the actual root of the word.
Now, James Madison in the Federalist Papers famously bragged about the Constitution.
I think it was Federalist 51.
He said that the Constitution is special because of its structure, because of how it's put together.
Now, this is not the first Constitution ever written, but it is the longest-lasting Constitution in human history.
It's the longest-lasting experiment in self-government.
Now, if you were to go to a high school or a college student and ask them, what are the first three articles of the United States Constitution?
They would say, oh, the First Amendment, the Second Amendment, the Third Amendment.
These are the Bill of Rights, which were not ratified until four years after the Constitution of the United States began the process of ratification post-Constitutional Convention, started with Delaware and ended with Rhode Island.
The Bill of Rights was largely pushed by our friend George Mason, who had the Virginia Declaration of Rights, which was passed in 1776, the same year as the Declaration of Independence, an inquiry into the cause of the wealth of nations.
amongst many other important documents that were written in 1776.
The Constitution of the United States does open with the preamble that so many people know or would recognize, we the people of the United States, in order to perform a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, secure the blessings of liberty to ourselves and to our posterity to ordain and establish this Constitution for the United States of America.
And I love to ourselves and our posterity because there's an intergenerational three-tied knot.
That is a direct hat tip towards the belief and the worldview of Edmund Burke.
A three-tied knot of what has come before you, what is happening now, and the kind of country and civilization and nation you want to pass forward.
Now, Article 3 of the United States Constitution deals specifically with the courts.
Now, Article III was a little bit of an unknown.
Now, the Founding Fathers added a couple of, they added in the Constitution a framework, a structure that was only as good as the people believed in it.
Let me say that again.
It was only as effective as the citizens and the leaders decided to follow it.
So Article III has the most power, yet the least teeth.
The courts have the greatest ability to derail a legislative agenda.
They have the greatest potential to thwart the aims and ambitions of the executive branch, but they have no ability to enforce it.
Article 3 of the United States Constitution says the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may from time ordain and establish.
The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior and shall, at stated times, receive for their services a compensation, shall not be diminished during their continuance in office.
Now, that seemed pretty simple.
It seemed pretty, let's just say, non-controversial.
However, when the famous Marbury versus Madison case went in front of the United States Supreme Court, which was kind of a perfunctory technical type issue around a recess appointment, if I'm not mistaken, right, Connor, it was an over, it was between the, let me get this right, Washington, Adams, Jefferson, Madison, between the Jefferson and Madison administration, right?
Is that correct?
Where it was this guy Marbury who was supposed to sit on the D.C., he was like the D.C. supervisor or some sort of position.
I don't think that exists anymore, or an equivalent that doesn't exist.
And the U.S. Supreme Court had to come in with the first ever Supreme Court justice being John Jay, if I'm not mistaken.
That's right.
Yeah, it's John Jay.
And I don't know if it was Marshall or Jay who issued the first ever opinion, but this was a watershed decision, everybody, because this was judicial review.
This gave the power of the third branch of government to have a check and a balance on power.
Now, we know how Congress can check the executive branch.
We've lived through that circus twice in the last four years, impeachment, hearings, subpoenas.
We know how the executive branch can check Congress.
They check Congress by fulfilling the laws, by interpreting the laws.
They also have executive privilege, amongst many other measures.
But what do you do?
And this was the same crisis that happened in 1832 with Andrew Jackson in Wooster v. Georgia in let Marshall send his army.
What do you have?
And we've already previewed this before on our show because the Biden regime has been heading in this direction with no signs of stopping.
The direction they have been heading is: I don't care what the courts say.
We're going to do it anyway.
Now, this has always been the greatest flaw in the American project.
In any civics course, you can go up to a Civics 101 teacher or a political science teacher, and you can find the vulnerability.
You can find the fault line in the American Constitution because there is no vested enforcement capacity for the courts.
Now, they could hold you in contempt of the court, but they're not going to do that to the President of the United States because it's a co-equal branch.
And so, I remember being in civics class in seventh grade, and one of my classmates asked the teacher a very wise question.
He said, Well, what happens if the president decides to ignore the courts?
And I remember my seventh grade teacher being at a loss for a word, saying, Oh, that will never happen.
It's built on trust.
Now, we saw that bubbling up of activity in Wooster v. Georgia in 1832.
We saw it actually with George W. Bush at times when it was talking about terrorism and domestic surveillance.
We saw it during Barack Obama, but what we are experiencing in the last 24 hours is an unprecedented pre-Civil War type posture of, I don't care about Article III.
Don't give me these courts.
We're going to do what we want.
We saw this with the eviction moratorium.
And breaking in the last couple hours, Biden administration tells businesses to continue to implement the COVID vaccine mandate despite court order.
First Liberty, led by Kelly Shackelford, phenomenal organization and friend of mine, they sued in federal court and they got to stay on the mandate.
Joe Biden has now come out and he has said, so what?
Defying Biden Vaccine Mandates 00:14:07
Joe Biden came out and said, quote, people should not wait.
They should continue to move forward and make sure their workplace gets vaccinated.
Basically, ignore the courts.
I'm in charge.
What we are heading towards, everybody, is worse than a constitutional crisis.
We've already, that chapter is gone.
What we are heading towards is the intentional, deliberate, public, and flagrant invalidation of the separation of powers in Article 3 of the United States Constitution.
Ignoring court orders because they don't like them.
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Are all three branches of government co-equal?
Well, in the modern interpretation, yes.
But Alexander Hamilton had his own opinion on this.
Writing in the Federalist Papers, anonymously written newspaper articles, Federalist 78, he said, the judiciary is beyond comparison the weakest of the three departments of power.
The general liberty of the people can never be endangered from that quarter.
I mean so long as the judiciary remains truly distinct from both the legislature and the executive.
And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but have everything to fear from its union with either of these other departments.
The judiciary has no influence of either the sword or the purse, no direction either of the strength or the wealth of society, and can take no act of resolution whatsoever.
It may truly be said to have neither force nor will, but merely judgment, and must ultimately depend on the aid of the executive arm even for the efficacy of its judgments.
Alexander Hamilton, Federalist 78.
Hamilton was pinpointing the weakness within the current constitutional structure when it came to the courts.
Yet we as conservatives are playing ball here, acting the courts are going to stop Biden.
Now, I wish they would, but you know what it takes to listen to the courts?
Respect.
You see, when the courts issue an opinion that you might not like, you will listen to that opinion if you have respect for the judges, the process, and the Constitution.
Now, make no mistake, the collectivists and the arsonists on the left, such as Biden, they will listen to the courts if they get a decision that fits their worldview.
For example, Overfeld v. Massachusetts, that was the gay marriage one, if I'm not mistaken, right, 2011, Overfeld decision.
They will say, oh, you must listen to the courts if it affirms that marriage can between anyone at any time, any place or manner.
But they will ignore the courts if there is a stay.
Overfeld v. Hodges, 2015.
Thank you.
They will ignore the courts if there is a court order defeating the mandate.
So what we are getting a preview into, what you are seeing happen in real time as we go a step further and lower is that the courts are no longer the way nor the arena to defeat the collectivists, the status, or the arsonists.
Now, that's not to say we should ignore court orders.
It's not to say that, I mean, like, stop going and try to get court orders or that we shouldn't try to go into courts or judges.
But what Biden is revealing, what the hand that Biden is tipping, is an attack, a all-out attack on judicial review.
Now, I got some of the facts correct, but just so everyone knows, judicial review was when Thomas Jefferson defeated John Adams in the 1800 presidential election.
Adams and Congress passed the Judiciary Act of 1801, which created new courts.
And William Marbury was appointed as the Justice of Peace in District of Columbia.
I got that part right.
But his commission was never delivered.
Marbury petitioned the Supreme Court to compel the Secretary of State and then future president and architect of the U.S. Constitution, James Madison, to deliver the documents.
Jefferson's Secretary of State was James Madison, so he wouldn't deliver the commission, and the Supreme Court intervened, therefore establishing the precedent of judicial review.
So listen to this tape right here of the Biden regime coming out and saying, defy the court order.
Who cares what the courts say?
Keep enforcing it.
Play cut 45.
And we believe that in order to get this pandemic behind us, we need to get more people vaccinated.
And this is a way to do that.
We feel confident about the legal component of this.
The Department of Labor has the authority to move forward in making sure that they keep the workplace safe.
And so, yeah, we have to make sure that we get this pandemic behind.
First of all, you don't have the authority, but what they're saying and what she is laundering her radicalism in her word salad that was just called a press secretary speech.
By the way, that's the deputy press secretary, Jean-Pierre.
That's her last name, right?
Jean-Pierre.
It's kind of a beautiful sounding name.
I love French-sounding names.
Where Jen Psaki hasn't been seen for 10 days.
The real question is: will Jen Psaki agree to a drug test to see if she was treated with regeneron, ivermectin, aspirin, hydroxychloroquine, or monoclonal antibodies?
That's the real question.
Did the vaccine do all of it for you, Jen Saki, or not?
Side issue for a different time.
The courts, though, Article 3, everybody, this regime is actually embracing what Hamilton said a lot better than conservatives are.
They know, as Hamilton wrote, Biden, the courts neither have the purse nor the sword.
We're in charge, and we're going to do what we want.
Enforce it.
Vaccinate against the court order.
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You see, the law is supposed to slow us down.
The law anchors us.
And when the anchor is actually supposed to sober us down and say, okay, maybe we're going too fast here.
Now, mind you, Biden has not been able to get his unconstitutional and immoral vaccine mandate through Congress.
It'd be one thing if Congress decided to step up and pass this as a law.
I still think it would be unconstitutional.
But this is through one branch now coming after private businesses.
And the wonderful work from First Liberty has basically put a stay on this order.
And the Biden regime is saying, so what?
Keep doing it.
You're going to see this pattern continue throughout the Biden regime's time of occupancy over our country, which is we're in charge.
The courts are not going to stop us.
They did this with the CDC eviction moratorium.
They're now doing this with the vaccine mandate.
They did this with immigration as well, by the way, and they're going to do this with immigration.
Biden's surgeon general, Vivek Murthy, he doesn't rule out extending the vaccine mandate to businesses with fewer than 100 employees.
Just kind of coming into a local coffee shop.
How many people are vaccinated?
We're going to fine you if you don't take the experimental medicine that we want you to take.
Play cut three.
And Dr. Murthy, if the law survives legal challenges, will the administration be extending the mandate to smaller employers with fewer than 100 employees?
Well, Martha, certainly nothing is off the table at this moment, but the focus right now is on implementing the current rule that OSHA put out.
Yeah, nothing's off the table.
Who's to say that we'll actually follow the court order ourselves?
Now, this is spreading into multiple different industries.
And of course, it's going for children.
There is no reason, argument, or rationale for the vaccination of children.
Listen to Dr. Malone, Cut 38, say that with a viral infection, you're going to get a sudden, gradual increase of these spike proteins in your patients.
With the vaccine, you're getting a whopping amount of protein being expressed.
Let's see, Cut 38 of the inventor, the creator of the spike protein.
Play Cut 38.
It's not the same as a viral infection.
With a viral infection, you're getting a gradual increase of these proteins in your body, in your patients' bodies.
With the vaccine, you're giving a bolus, and it is a whopping good amount of protein that's being expressed.
The inventor of the mRNA vaccine is what I meant to say.
He's the inventor of this type of technology.
Cut 39, Dr. Malone calls out the CDC, the Center for Disease Control, for ignoring the science of natural immunity.
Play Cut 39.
So the CDC study that was half-baked, which recently came out in an attempt to address this, is the only one out of over 100 that I'm aware of that indicates that natural immunity is not better than vaccination.
In fact, the vaccination on top of previous infection and natural immunity actually confers higher risk to patients than vaccination in the naive individual.
Dr. Malone says that if you've had it before and then you get vaccinated, you could actually have a higher risk.
But none of this has ever been about health.
It's never been about public health.
We know what it's been about, social control and massive corporate profits.
And the Biden regime is happy to play along with that.
You see, the Biden regime is trying to set a precedent.
What this is really about from Biden's perspective is can we invalidate the courts and do what we want?
Because the reason they are not listening to the courts is they are trying to begin a mass propaganda and deterioration campaign saying, yeah, the courts, they're too procedural.
What we need is emergency powers that never go away.
And we saw this.
It's been 15 days to slow the spread.
It's now been an hour and a half of emergency powers from governors and from mayors.
And the U.S. Constitution is supposed to have this tension between when a court issues a stay on a vaccine, vaccination order, you don't have the president of the United States say, yeah, just ignore that.
Where does this lead exactly?
To nullification, obviously.
There is no other conclusion.
And what's incredible is how few Republican and conservative governors are willing to actually recognize this.
Republic Versus Democracy 00:02:18
Oh, well, we have to follow the courts.
We have to follow what they're doing.
Well, the other side isn't, so why are you?
The other side is doing what they choose whenever they want to do it.
And what's the enforcement capacity?
Oh, that's right.
Republicans were too busy giving Joe Biden his infrastructure dream package of $900 billion of non-infrastructure spending, $900 billion, and a green energy bank account to spend whatever they want with it.
Now, it's more important than ever that we realize the structure of what we have, the structure of the United States Constitution, and it's a republic, by the way, not a democracy.
It's a huge difference.
A republic recognizes God-granted natural rights in a transcendent manner, and it protects those rights from infringement, first from the government and then from your fellow countrymen and citizen.
We are not a democracy.
As John Adams famously said, a democracy never lasts long.
It soon wastes, exhausts, and murders itself.
There was never a democracy yet that did not commit suicide.
Benjamin Rush, one of the signers of the Constitution, said, a simple democracy is one of the greatest of evils.
A democracy is a mobocracy.
Now, what's the difference between a democracy and a constitutional republic?
A democracy allows you to get rid of rights because of a simple up or down vote.
A constitutional republic has tension and gridlock intentionally built into it that makes it slow and deliberate, difficult, nearly impossible to extract the natural rights from the citizenry or the co-rulers.
Now, one of the way the founding fathers, now, the founding fathers did not want non-representative constitutional republics, of course not.
One of the way the founding fathers, based on the readings and the, let's say, inspiration of Montesquieu, a French judge who famously wrote the book Spirit of Laws, they wanted to have elections as a way to send messages to leaders.
But what do you do when elected leaders don't get the message of elections?
DeSantis And Border Patrol 00:09:38
When Cut Two, Chuck Todd, asked Governor Murphy, he said, are you thinking about backing off many of these COVID mandates because you were in such a close election?
Governor Murphy says, no, why would I?
I'm in charge.
I'm the mob boss.
Play cut two.
Are you at all thinking about some relief on any of your mandates?
Listen, there's mandates fatigue everywhere, including with yours, truly.
So let there be no doubt about that.
At the moment, no.
This guy is a scumbag.
He is awful.
Contrast that with Governor DeSantis, America's greatest governor, most courageous, and just announced his reelection campaign to become governor of Florida again.
A well-deserved campaign of a man who has been overly courageous with now the lowest COVID rates in the country.
Can you get if it's COVID rate, death rates, or virus rates?
It's whatever it is.
It's the lowest in the country, pursuing alternative treatments like monoclonal antibodies.
The first major state to reopen.
Phenomenal economic figures, no mask mandates for children.
And in the school districts that are doing that, DeSantis is clamping down.
He banned critical race theory, and DeSantis has done this in a logical and reasonable way.
And I'm inspired by his leadership versus the weak, Vichy French Republicans across the country that continually pander to Pfizer, AstraZeneca, Moderna, Johnson, and Johnson.
Ron DeSantis has been terrific.
But Ron DeSantis understands the promise of the Constitution, unlike Murphy and most Republicans in the country.
Ron DeSantis says, a year and a half ago, we started with 15 days to slow the spread.
Now it's get jabbed or lose your job.
You see, what Ron DeSantis recognizes is that the sovereign is the people, not him.
It's not we, the Ron DeSantis, or we, the governor of Florida.
No, it's the people's rights that come first.
And by the way, that's the same for if a massive company wants to infringe on your rights or if the federal government wants to infringe on your rights.
Play cut five.
A year and a half ago, we started with 15 days to slow the spread, and now it's gone to get jabbed or lose your job.
And today's OSHA rule, a very long time coming, we were waiting for it.
That was issued.
If you look at it, here it is.
It's almost 500 pages.
And so we're supposed to be a government of laws, not a government of men.
This is 500 pages of a government of a bureaucracy.
Ron DeSantis understands the Constitution.
Every Republican governor should just sit idly by and take a masterclass in what DeSantis is doing.
Meanwhile, California, with vaccinating children and continually mass inoculation, inoculation, and masking, their Chinese coronavirus, Fauci virus rate is twice Florida's.
Twice.
I have an honest question.
Do Democrats want this pandemic to be over?
Or are they trying to do something to keep it alive?
Sure seems that way.
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The southern border is wide open.
It is wide open.
Meanwhile, Biden is secretly forcing illegals into Florida.
It's kind of his way to get back at Ron DeSantis for being such an effective and, let's say, defiant governor.
Play Cut 46, DeSantis reacts to Biden secretly forcing illegals into Florida.
Play Cut 46.
These midnight flights, unannounced, no notice, no support for the state, no ability for us to veto it ahead of time.
And if Biden had not been doing that, if he'd been doing his job, that individual would be alive today.
So DeSantis should meet those secret flights with Florida state troopers, get them on a sponsored plane from Florida, of Florida, and get them out of the country.
That is what states need to start to do.
States need to start deporting illegals themselves.
Let me say that again.
States need to start deporting illegals themselves because the federal government wants nothing to do with it.
Cut 15, Chip Roy, who's been a guest on this show, has been doing great.
I think we're on radio in Texas Hill Country too.
God bless you guys.
Chip Roy on Fox says Biden has blood on his hands and discusses the hundreds of thousands of illegals coming into America.
Now, you might say, wow, there's such a crisis on the southern border.
What is the top priority of the regime when it comes to border patrol?
Well, play Cut 15 and I'll tell you.
President, in this administration, we've had 280,000 individuals released in the United States, 120,000 children, another 400,000 gotaways.
Harris, that's about 800,000 people.
Meanwhile, what do we have?
We had a Honduran immigrant who posed as a 17-year-old go into the home of a Floridian who took that person in and killed this person.
That's what this administration owns, and the blood is on his hands instead of this rhetoric about unaccompanied children.
He's causing unaccompanied children separating from their families by his incompetent policies.
So what is the regime focused on?
Internal report, more than half of Border Patrol agents may be fired for being unvaccinated.
Now, interestingly, illegals that come to America don't have to be vaccinated, and they're allowed to come in.
They get shelter, they get food, they get logistics, they get housing, they get voting in certain municipalities across America.
But the regime is now trying to flush out Border Patrol agents saying, quote, an internal report from within the U.S. Customs and Border Patrol Agency suggests that half of Border Patrol agents remain unvaccinated.
And if the vaccine mandates are implemented, that means only 8,000 officers could be on duty.
Former Border Patrol officer Mark Morgan said, quote, it's going to take an agency that's already gone through an unbelievably catastrophic crisis on the southern border and deplete our resources even further.
So if you come from Honduras or from Nicaragua or from Mexico and you illegally enter into America, you do not need to wear a mask.
You do not need to get vaccinated.
You just say, come right in.
280,000 people have those standards.
But if you are a law-abiding American citizen whose job is to enforce the southern border and you don't get vaccinated, you could be fired.
If the 10,000 or so Border Patrol agents who have yet to register their vaccination status do not do so this week, they will be offered counseling, suspension, and then termination.
And so here's my, let me just end this hour with this, and I'm going to connect something I said yesterday, which is this, the greatest anger I have towards establishment Republicans.
You should not even be picking up the phone and meeting with Joe Biden when they're doing nonsense like this.
So when I hear about bipartisan infrastructure packages, are you intentionally ignorant and blind to what this regime is doing to destroy the country?
Don't give them an inch of a vote, a committee hearing.
It should be nose across the board when we have in our country border patrol agents that are going to be fired, yet the 280,000 illegals that come into America, they get benefits, no vaccination status or anything.
There's a phenomenal quote by Aristotle, who's the man, by the way, who says the tyrant prefers the foreigner over the citizen.
For it's the foreigner that the tyrant can use to grow close to their power, aims, and ambitions, but the citizen will question them.
We have a regime that gives a preference, gives an allowance, gives a platform, gives a reward, gives gifts to the Hondurans, the Nicaraguans, and the Mexicans, but penalizes and punishes Americans.
So excuse me while I don't want to hear one more sentence from establishment Republicans as to why you're on some committee passing an infrastructure package.
Look a little bit more broadly.
You have a president who's destroying the country.
Stop voting to make him more powerful.
Thanks so much for listening, everybody.
Email us your thoughts.
As always, freedom at charliekirk.com.
God bless you guys.
Speak to you soon.
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