29 Burst results for "Josh Hammer"
The Dinesh D'Souza Podcast
Danielle and Newsweek's Josh Hammer Discuss the Abortion Issue
"Think for the left, you know, they're really so focused on thinking abortion is what's going to drive people out to the polls. They think that that's going to win them things in the midterms, but it's actually a very small percentage of Americans who would either even consider that their main voting issue. But also would be considering at their main voting issue when they are pro abortion, because there are people who are just pro life and that's their main issue, but I think for the left for them to think, wow, you know, we're really going to win women because this is the main thing that they're going to be obsessed with when in places like New York, they can still get Lee term abortions, you know, places where there are a lot of liberal women. They are their laws haven't really changed that much. Whereas in other places, I mean, take Mississippi, which was the one that went to the court. I mean, that was 15 weeks, which is actually second trimester. And they would consider that extremely radical. They could never possibly agree to any kind of restriction of that nature. Why do you think that they agree to any kind of restriction whatsoever? When we're always asked about some crazy exception, you know, like the ten year old situation, whereas they will not even come up with any kind of limitation. So two things to be said on this. So first to what you said earlier there in those very eloquent comments is that even kind of taking the narrow portion of the citizenry for whom abortion is the primarily the number one issue. There are far more and pulling this consistently for decades now. Decade, there are far more single issue pro life voters and single issue pro abortion voters. Put another way, there are more people who, if you are pro life, they will vote for the pro life party, period full stop end of story, then pro abortion voters. You are more likely to have a pro abortion voter who was willing to vote for the pro life party than the other way around. And the reason for that is from my estimation, incredibly simple, which is I give you actually buy the fund to be basic pro life argument that the unborn child is entitled to full kind of legal constitutional and moral rights under our rule of law and under kind of our culture more generally speaking, and that is literally a life and death issue and it kind of trumps whatever kind of other issues are out there and you have to vote for it.
The Dinesh D'Souza Podcast
"josh hammer" Discussed on The Dinesh D'Souza Podcast
"Text dinesh to 9 8 9 8 9 8 and secure your future with gold. Do it today. I'm delighted to welcome our guest today, Josh hammer. Josh hammer is the opinion editor at newsweek. Joss is a constitutional attorney by training. He hosts the Josh hammer show and newsweek podcasts and co hosts the Edmund Burke foundation's Nat con squad podcast. Josh, thanks for joining us. In a recent economist YouGov poll, 94% of respondents said, jobs in the economy was important to them. The topping, every other concern, except inflation, which scored the same. According to an average of polls compiled by RealClearPolitics, 59% of Americans disapprove of Biden's handling of the economy. We've also seen that critical Senate races in Pennsylvania Wisconsin, Nevada and Arizona appear to be shifting in favor of Republicans. So what do you think about this lead we have so far up to November? And do you think that there could be some October surprises of the sleeves of the Democrats until then? Well, Daniel, thanks for having me. Great to be with you as always. So I mean, what you just read those polls kind of remind me of something that I have been saying on my own podcast on radio TV. You name it for many months now, actually, which is, you know, back in July, I think a lot of us in the right leaning commentary of punditry space were predicting a big red wave, the red wave was kind of like the phrase that I think a lot of us in folks last summer. Then around August, maybe it's early September, really kind of the month of August, so I think a lot of people start to get a little skittish. And just a little bit and there was like that'd be so called backlash to the Supreme Court. Abortion case might have been having an effect, but around that time that some people, especially on our side, were starting to get a little more cautious, pessimistic and skittish. I kind of took upon myself, I'm not the only one. A lot of others did. And I reminded folks like the fundamentals, the basic kind of bare bones, political fundamentals of this midterm election, still heavily favored Republicans. I mean, first of all, come the first midterm election after a president is elected. Almost always goes to the opposing party period, one notable exception was 2002. The Republicans did well. That was in the aftermath of bush's high poor ratings after 9 11, but to kind of take that, you combine it with the fact that Joe Biden's approval ratings are historically low and they were historical for much of the summer. Inflation is very, very bad.
The Dinesh D'Souza Podcast
Danielle and Editor at Newsweek, Josh Hammer, Unpack a New Poll
"I'm delighted to welcome our guest today, Josh hammer. Josh hammer is the opinion editor at newsweek. Joss is a constitutional attorney by training. He hosts the Josh hammer show and newsweek podcasts and co hosts the Edmund Burke foundation's Nat con squad podcast. Josh, thanks for joining us. In a recent economist YouGov poll, 94% of respondents said, jobs in the economy was important to them. The topping, every other concern, except inflation, which scored the same. According to an average of polls compiled by RealClearPolitics, 59% of Americans disapprove of Biden's handling of the economy. We've also seen that critical Senate races in Pennsylvania Wisconsin, Nevada and Arizona appear to be shifting in favor of Republicans. So what do you think about this lead we have so far up to November? And do you think that there could be some October surprises of the sleeves of the Democrats until then? Well, Daniel, thanks for having me. Great to be with you as always. So I mean, what you just read those polls kind of remind me of something that I have been saying on my own podcast on radio TV. You name it for many months now, actually, which is, you know, back in July, I think a lot of us in the right leaning commentary of punditry space were predicting a big red wave, the red wave was kind of like the phrase that I think a lot of us in folks last summer. Then around August, maybe it's early September, really kind of the month of August, so I think a lot of people start to get a little skittish. And just a little bit and there was like that'd be so called backlash to the Supreme Court. Abortion case might have been having an effect, but around that time that some people, especially on our side, were starting to get a little more cautious, pessimistic and skittish. I kind of took upon myself, I'm not the only one. A lot of others did. And I reminded folks like the fundamentals, the basic kind of bare bones, political fundamentals of this midterm election, still heavily favored Republicans.
The Charlie Kirk Show
It's Total Bedlam in Front of the Supreme Court...
"Its total bedlam in front of the Supreme Court. It's not. Anything that is violent, I pray it remains that way. The people are using very charged language. In fact, let me read one of the tweets of somebody outside of the Supreme Court right now. One of the speakers with a megaphone also called for an uprising similar for the one in 2020 in the wake of George Floyd's death, any sort of mainstream media sympathy that these activists might be getting. I think is going to shatter as soon as they continue to use language like this. But from a legal analysis, we have the great Josh hammer, newsweek opinion, editor, and a constitutional expert to just walk us through what exactly this means. Josh, welcome back to the program. Tell our audience, does this outlaw abortion or does this send it back to the states? Tell us specifically what is in this opinion. So Charlie, first of all, great to be with you on such a great day for the constitution and great day for the country, really a great day for the human species for the very simple reason that we will have more unborn innocent human beings will actually be able to live as human beings. So it's a remarkable day for the country and on daylight they have Charlie. I think young pro lifers like you and I just have to have a debt of gratitude honestly to the past 50 years of pro life activists who got us. That's such a good point. Sorry to interrupt. You're exactly right. It's been a lot of prayer warriors and activists and grassroots folks and a lot of Jewish organizations, a lot of pro life organization, not a Catholic organization, it's great point,
The Charlie Kirk Show
Josh Hammer Reflects on Sen. Amy Klobuchar's Abortion Comments
"Yeah, I want to play a clip for you here from senator Klobuchar. That I think, you know, when we talk about the constitutionality of roe V wade and obviously Casey sort of, in my opinion, obviously I think you would agree that it's unconstitutional. I think Alito's opinion was a skewered the original road decision. But let's play senator Klobuchar here, and I want to get your take on what she says because actually what she's saying from a sitting U.S. senator is something. I mean, this is not mazie hirono here talking here. I mean, which we just assume is she's going to say the most Atlantic, you know, far left out to see kind of the type of things. Is it senator Klobuchar, who many think is sort of moderate or left of center, but not far left. Listen to cut 6. Why should a woman in Texas have different rights and a different future and a different ability to make decisions about her body and her reproductive choices than a woman in Minnesota? How can that be in this country that we'd have a patchwork of laws? Your response. So senator Klobuchar and I actually went to the same law school and, you know, I would like to think that when she was in common law back in her law school day, she knew better about the actual constitutional law underpinning the roe versus wade and its murderous successor, of course, Planned Parenthood versus Casey 92. Now, look, I mean, John Hart Eli, okay? There are so many liberals who have criticized roe versus wade's fallacious reasoning or beers. But John Hart Eli, who is a longtime constitutional law professor at Harvard Law School, he was the dean of Stanford law school as well. He was personally liberal progressive he supported abortion rights, but he famously said in 1982 that roe versus wade was not constitutional law and barely even gave a semblance of purporting to be constitutional law. It was literally no less a feminist leftist progressive icon than the late justice Ruth Bader Ginsburg herself. We said the roe versus wade overstepped that the court should not have acted there when it did. They should have stayed cool, let it play out democratically in the states. So, you know, what I hear from senator Klobuchar there is, you know, it's constitutional illiteracy. It's also moral illiteracy, of course. We can't forget we're talking about it. You are talking about the wanton murder of now 63 million unborn children since roe versus wade came down in 1973. 63 million. I mean, it's really just difficult to kind of wrap your mind around around that kind of number. But you know, there's something about you said there, Andrew, that I think there's a modicum. There's a small, small sliver of correctness. Where I think she's correct, is that it ultimately is unsustainable for in the long term. My personal perspective in the long term for this to actually be a state
The Charlie Kirk Show
"josh hammer" Discussed on The Charlie Kirk Show
"I have the privilege now of welcoming the next guest to the show. Josh hammer, the opinion editor for newsweek, Josh, welcome to the Charlie Kirk show. Andrew, good to see you, my Friends. Always a pleasure. I likewise, likewise. You are, in my opinion, one of the most prescient legal minds on the conservative side. I think you're very fair. I think you try and play it very fair, but you write extensively about the constitution, you are very well versed on the Supreme Court. Obviously you're the opinion editor at newsweek, so you have a very powerful platform. From a legal mind such as yours, looking at what's been going on over the past week and really accelerated over the last couple of days over the weekend, trying to paint a picture for the audience listening just how unprecedented this is and just how truly radical it is in your estimation. Yeah, no, Andrew, there's so much to unpack here, obviously. But before we get into the constitution and the Dobbs case and all of that, just any pro life perspective, someone who personally, you know, I cofounded law students for life, the pro life student group back when I was in law school at the University of Chicago. I have marched in sub zero temperatures in Chicago, back when I was in law school there on four life, it is really, really, really terrible that the culmination of now a half century of pro life efforts to speak on behalf of unborn children for the sacredness of all innocent human life has now been sullied by this unprecedented and really just disgusting alinsky eyed at all cost tactics that we are now seeing. And, you know, it's easy to call things unprecedented, but in this particular case, Andrew, they're literally is zero precedent for what we are seeing right now. This kind of thing simply does not happen. The Supreme Court literally can only get by when the justice is the clerks know that their emails are not going to be leaked because if the entire notion of a government of laws and not of men to kind of borrow the famous quip from John Adams back from the 1780s, if that phrase means anything at all, it means that the judicial branch and the Supreme Court in particular can not possibly be swayed or cowed by public mob
The Charlie Kirk Show
Josh Hammer on This Week's Unprecedented Events Surrounding SCOTUS
"I have the privilege now of welcoming the next guest to the show. Josh hammer, the opinion editor for newsweek, Josh, welcome to the Charlie Kirk show. Andrew, good to see you, my Friends. Always a pleasure. I likewise, likewise. You are, in my opinion, one of the most prescient legal minds on the conservative side. I think you're very fair. I think you try and play it very fair, but you write extensively about the constitution, you are very well versed on the Supreme Court. Obviously you're the opinion editor at newsweek, so you have a very powerful platform. From a legal mind such as yours, looking at what's been going on over the past week and really accelerated over the last couple of days over the weekend, trying to paint a picture for the audience listening just how unprecedented this is and just how truly radical it is in your estimation. Yeah, no, Andrew, there's so much to unpack here, obviously. But before we get into the constitution and the Dobbs case and all of that, just any pro life perspective, someone who personally, you know, I cofounded law students for life, the pro life student group back when I was in law school at the University of Chicago. I have marched in sub zero temperatures in Chicago, back when I was in law school there on four life, it is really, really, really terrible that the culmination of now a half century of pro life efforts to speak on behalf of unborn children for the sacredness of all innocent human life has now been sullied by this unprecedented and really just disgusting alinsky eyed at all cost tactics that we are now seeing. And, you know, it's easy to call things unprecedented, but in this particular case, Andrew, they're literally is zero precedent for what we are seeing right now. This kind of thing simply does not happen. The Supreme Court literally can only get by when the justice is the clerks know that their emails are not going to be leaked because if the entire notion of a government of laws and not of men to kind of borrow the famous quip from John Adams back from the 1780s, if that phrase means anything at all, it means that the judicial branch and the Supreme Court in particular can not possibly be swayed or cowed by public mob
The Charlie Kirk Show
Far Left Protests Erupt Outside the Home of Justice Alito
"Hey everybody, welcome to this episode of the Charlie Kirk show. It's Monday and this is producer Andrew culvert filling in for the one and only Charlie. Kirk, who? Is rightly away on his anniversary trip. He has been married for a year, folks, to the wonderful Erica. They are taking some well deserved time off, Charlie works harder than basically any man I've ever met. I would say basically, but probably yes. It's most certainly is true. So we're glad that he's taking some well deserved time off. In the meantime, we have news to cover. And I'm honored, as always, to be behind the microphone, filling in for Charlie Kirk. All right, well, listen. There's a lot of news as I've already said. Mainly, the lead story over the weekend was the protests going on around the homes of the Supreme Court Justices. We have reports of doxing their homes. We have reports of their addresses. We have reports that justice Alito and his family have been moved to an undisclosed location as pro abortion activists in Virginia, Maryland assembled outside of the homes of these justices, including Brett Kavanaugh's home, where they chanted, we will not go back and picketed with signs. Earlier this week, Alito even canceled an appearance at the 5th U.S. circuit Court of Appeals judicial conference because of these far less far left
The Charlie Kirk Show
Producer Andrew Discusses the Speculation Around the SCOTUS Leak
"We have been speculating on this show to what extent would the left rise up in their frustration at the leaked Dobbs decision, which demonstrated that in a 5, four majority, roe V wade, and Planned Parenthood V Casey were both going to be overturned. Alito was the drafter in that leaked decision. Now, a lot of people are speculating who leaked it. A lot of people are speculating who's going to be caught if that leaker is going to be brought to justice. Senator Ted Cruz has been speculating that it would come out of Kagan's clerkships. Now, something interesting to note here with the clerkships, each justice only has four clerks, so you've got 9 justices. You've got four clerks each. That is a very small potential pool of candidates and leakers. Now, senator Cruz says that it was likely Kagan, though he has no evidence. But based on a hunch, he believes that it was probably Kagan's because she is the most hardened partisan on the bench. Now our friend will Chamberlain, who came on the show last Friday and gave his breakdown of who he thought it was. But regardless of who the leaker is, it has set off wide street, widespread, protest, activists, and the like around the whole houses of these justices, which is despicable.
The Michael Berry Show
"josh hammer" Discussed on The Michael Berry Show
"That's that that's an excellent point and really even just like the credible ret of impeachment of launching and p impeachment proceedings over just total debacle. Such what happens in such as what has happened in afghanistan we really ought to be kind of a deterrent for terrible presidential conduct. Right i mean just kind of thinking that they credible threat of the house. Judiciary committee filing these articles in the senate kind of proceeding to trial. So i think if they just the near credible threat of it can be kinda prophylactic and a good thing the same way that a credible threat in you know in a lot of areas of life i can. I can get good thing. We're going to keep people on their toes and whatnot here but look the keys specific impeachment. I mean you know. I just like hammer homes and point of what we've seen over the past month or so the president is just. He's out to lunch. I i mean just to make like an obvious kind of like armchair political pundit points here. He has clearly revealed himself in my opinion to be unfit for his job. And i say that by the way if someone who has been deeply sympathetic to a long time to winding down this mission in afghanistan. I do not self identifies neoconservative. I do not think that we should be engaging in these moralistic nation building boondoggles these backwater countries halfway around the world. I actually don't agree with that. That's not what the us military this for us military this very efficiently and quickly hunt down and kill our enemies. So i'm sympathetic to to withdrawing our troops and getting out of this you know jihadist overrun helpful. But just the way that it was done. The lack of compassion from the commander in chief on to the double and triple down as people were falling off of airplanes as i. K- had the horrible suicide bombing. Thirteenth servicemen died The taliban fled raise or the embassy in kabul and the twentieth anniversary. Nine eleven. I mean this stain on america's reputation. I think irreparable and i really say that. Someone who is sympathetic to be overarching. End goal here. So i look at that and i look back to kind of language. I read from hamilton earlier. Talking about i quote violation of some public trust. I mean look. They seen a violation of some public. Trust and i'm not sure what is honestly those flag. Draped coffins are a poignant example of how poorly this withdrawal was handled. and you. you didn't even mention the fact that over one hundred thousand afghan individuals. I don't wanna call them refugees. Some of these are taliban fighters And now you have. And this is all of his making because as vice president they. They traded for. Bowe bergdahl a traitor. They traded for individuals. Who are now at the head of this government that that that we had in gitmo. I mean this is the continuation of the barack obama just absolute debacle of a presidency. Josh hammer i'm up against a break. Your fantastic keep doing the great work. You're doing it. Newsweek thank you. Thanks so much michael..
The Michael Berry Show
"josh hammer" Discussed on The Michael Berry Show
"One of the sharpest young minds on the scene today as a fellow named josh hammer. He is a syndicated columnists and opinion editor for newsweek. He was trained as a lawyer. He practiced he is smart as a whip. Very very incisive analytical. Mind and i'm honored to have him as our guest to talk about something that more and more folks are saying. And that is that joe biden should be impeached. There's a real case for his impeachment. A new york post article september fifth. That josh hammer wrote biden's afghanistan disaster and his lies are strong grounds for impeachment. I've read the piece josh but make the case for our audience. Well michael i was back with you. Thanks so much for having on here so you know. Obviously there's a lot. There's a lot of historical miss misunderstanding and confusion about what actually constitutes the grounds legally speaking presidential impeachment the actual concerts criteria. You go back to the language and look at it. It refers to high crimes and misdemeanors it specifically actually treason. Bribery or other. High friends misdemeanors. But we've never. We've never attended any peach trees in a bribery. So that usually focuses on on the quote unquote high crimes and misdemeanors provisions here. So some people look at that and they very reasonably think that the president has actually committed a crime. You know you have to perjure himself. How bill clinton did in nineteen nineties. Or maybe you commit like more familiar. Crime like homicide or something like that. But it's actually not really what it's referring to. The phrase is kind of a term of art at common law. You know the founding fathers were equally familiar with blackstone and those grade english common lawyers and alexander hamilton in federal. A sixty five. He refers to quote these subjects of the impeachment trials jurisdiction as being quote those offenses which proceed from the misconduct of public men or in other words from the abuse or violation of some public. Trust so it basically if they very lofty kind of letting down where the president has committed such greed actions that he has violated. The trust of the citizenry isn't basically michael with democrats claim. That trump did on that fairly short phone call with ukrainian president dolinsky back in the summer of twenty nineteen. They were obviously not trying to impeach because he committed a quote unquote true criminal. Acura so you know if that phone call was impeachable then by phone..
The Steve Deace Show
"josh hammer" Discussed on The Steve Deace Show
"No point in any of that rambling. Did he utter anything that came close to hear all of us are dumber for having heard it and they gotta have mercy on our souls all right so he is one of the smartest people i know and yet trying to find a benign explanation for this reduced him to intellectual rubble. So there you go. Aaron go ahead so the craziest stride on the crazy train this week if in case you needed anymore. More indication anymore clue into what the whole response of of covert has banned from. Mostly western governments look no further than the words of justin trudeau. And then this week right on cue with the fires out west and the the the hurricane down south. We're going to do with coverted what we're going to do with climate change global warming what we're going to do and then he proceeded to list off a number of left-wing talking points about problems within society. See this was never really never really maybe for a two seconds back in march of two thousand twenty this was never really about virus. This was about the great reset or whatever. You wanna call it. That's when they started to taste the power that we gave them because of our fear of this virus which emanated most likely out of a lab of few thousand miles away when we let them taste a little bit of that power. They thought I can do a lot with this. That's probably the craziest just completely telegraphing. The spirit of the ages next moves if we let them actually go that route amen. So it's the execution. Gentlemen on a scale of one to ten with one being as empty void as lindsey graham school verified cinder accounts and ten being overflowing and hyper actives as lindsey graham subverter accounts on grindr rate this week's level of total depravity josh. I'll this in mom. You liked that question. You liked it. I could see like you liked a saw. That are eric i love. I love lindsey. Graham cuts For me all right. Let's get to the answers like a fourteen. After i watched insane clip from cnn. Let's get to issue to impeach. Joe biden took a victory. Lap on his disastrous. Pull out from afghanistan extraordinary success. This mission was due to the incredible skill bravely and selfless courage in the united states. Military and our diplomats. This was after the pentagon confirmed. Hundreds of americans were left behind and we think the citizens that were not brought out number in the low very low hundreds then the uk daily mail obtained the transcript of one of the final calls between biden and now former afghan president ghani in july where the former tried to pressure the ladder and downplaying the growing threat of the taliban quote. I need not tell you. The perception around the world and in parts of afghanistan. I believe is that things are going well in terms of the fight against the taliban and there is a need whether it is true or not. There's a need to project a different picture and quiet to boil this all down biden new. The taliban was moving rapidly back in july and instead of changing course in developing a better plan to get americans out stayed the course which resulted in thirteen american service members being blown to bits by isis and left behind at least two hundred other americans in alabama controlled land before declaring victory. Well indeed this would just be the latest example of a male and the biden family experiencing bad. Pull out so josh. Let's go to you for the first question. Here is what has is. I'm sorry. I'm i'm in a mood for out until i'm on edge. Everybody just needs to be wart okay. He's what transpired here with leaving americans behind. We really put this question for you. Know when you're going to be on the panel. You're the legal expert here. okay so is what has transpired here with leaving. Americans behind in afghanistan reportedly urging afghan leadership to lie about the true strength of the taliban in advance of that pullout. Are these things. High crimes misdemeanors. Are they impeachable josh. That floor is yours. Well steve com. Today is literally entitled quote impeach. Joe biden so i guess kinda give game away at the outset but yes i think the answer. This question is clearly yes Especially obviously when you take precedence. The fact of the democrats recently tried to impeach president trump for a very anodyne was a imperfect phone call with give ukraine but it was fairly inoffensive honestly. This phone call obviously was back in july nineteen. They start impeachment later. That year round timber rock tober twenty nine and be entire. Point of this phone call was that it was so illicit. It was so horrible to dangle over the heads of ukraine orange million dollars in foreign aid that by the way it was subsequently dispersed aware that aid ultimately went out. Aid didn't go out. I think that he went out on time. I don't even know if there was actually ultimately delay on but the notion that this attempted quid-pro-quo with respect to various corrupt prosecutor elements on the ground. Crash was so horrible with such a high priority. Democrats launch entire each cutlass. That ghani phone call which we just read the transcript. That phone call. A loan is order magnitude worse than what. President trump did ski so literally just talking about the phone call taking the democratic trump is precedent as a sheer phone. Call the phone call. Apples apples comparison. Here he really should be impeached with everything pricing on that alum but yardman obviously goes much further than that. I you know. I was just talking few minutes obviously about the fact that we stranded hundreds of people. There no big deal negotiate with people all the time whether it's the czech republic or or the taliban but that is in his heart thing of more solemn dereliction of duty and let's not mince words here. The president foremost constitutional duty. Under constitutional structure is to be commander in chief of the armed forces on. The idea is obviously the head of the executive branch by the commander in chief. Progress is before most solemn duty that price swears up holden in protecting to willfully take all of our troops out of there after twenty years. It's not like they had to end this overnight. They had very long time to figure out how to get out every single last america. And by the way away through how to get out every single last. American wallpa- Them over the thousands of afghans who shuttled onto various military convoys Blown to kind of weigh stations in the usa in qatar on the way to america us all sorts of immigration. Refugees loophole nonsense. So looking at the picture combines here. I absolutely think what has happened over. The last month isn't teachable to kind of like a little kind of black letter. Constitutionalize teeth on the actual criteria for presidential impeachment is treason. Bribery or high crimes misdemeanors. Now some people look at the high crimes misdemeanors phrase and they say oh like Actually committed like a ritual criminal offense similar to bill. Clinton committed perjury in the late. Nineteen ninety. it's actually not true but phrase high crimes misdemeanors was like a needle term of art at common law founders understood this very readily Direct unambiguous citation ear. It's federal a sixty five alexander hamilton. Very founding fathers explains that high crimes misdemeanors refers to a violation of some public trust is kind of ideal like a lofty overarching agreed failure on behalf of the president to maintain the trust of the citizenry. That he or she is sworn to To overlook it seems to me. That's pretty clearly. What's happened here so i personally think the case for impeachment is pretty strong especially when you bear in mind with a democrat recently. Done the trump. And i'm thinking about that. Ridiculous ukraine's alinsky phone call impeachment josh in one minute. Can you answer this all up for us in the history of the presidency. Is there anything that it can. You can draw a parallel to to importing tens of thousands of foreign embedded for nationals I think it was only something. Like seven thousand of the afghans. We brought it. According to the pentagon are under our feet some form of isa meeting previously that we have documentation of them being vetted so tens of thousands of people From a foreign country unvetted that we imported them. While leading hundreds of americans behind..
The Charlie Kirk Show
Why Are Jews the Most Enthusiastic Group About Deconstruction?
"You tell me though that in a religious tradition which has such an emphasis on things that are passed down undoing customs and meals and even names that existed thousands of years before. Why is it that that group seems at times we most enthusiastic about deconstruction charlie. You're getting one of my biggest pet peeves nov life. I would say. I have been frustrated by this question for virtually since high school i. I identified as someone right of center. Broadly speaking i in like seventh and eighth grade a. basically since high school. I've just been utterly baffled by this. I mean obviously like immense amount of ink has been spilled on this very quiet and lots of books have been written about the look the short answer that i can give. Is that most american jews today. you know we're in the twenty one are frankly a hundred years no more than one hundred twenty eight hundred twenty five years removed from their ancestors from the great ellis island immigration wave right Meeting speak personally here. I mean You know my My grandparents mostly came then immigration wave They grew up in those traditional like low. Recite tenements in new york city My grandfather my father side was an immigrant from poland. Kind of work. The graveyard shift overnight six days a week in deep in the heart of brooklyn so there was this scrappy kind of working class mentality. That kind of Naturally inured itself kind of fdr style. Welfare-state liberalism i guess. You would say i. And i think just kind of subsequent generations of jews especially obviously the less orthodox the less religious just imbibed. This like it was mother's
The Charlie Kirk Show
Getting Rid of Traditional Limits Destroys Civilization and Freedom, Says Sohrab Ahmari
"So so rob. I i became aware of you during debate. Where i thought i knew where i stood on the issue because i was trained in the conservative. Two thousand twelve thirteen and fourteen to believe that freedom meant that a person should be able to do whatever they saw it as long as it doesn't harm another person and this really interesting debate. Kind of became front center in the conservative movement started on the outer like more wonky areas and it kind of moved into the mainstream. Which was that. Should we as conservatives use political power to prevent drag queen story hour from happening at public libraries. And and. I thought i knew i was like. Oh yeah freedom what. I don't like it but who am i. And then. I heard very articulate. Arguments are so rob. And i won't dare steal the argument from you but you won me over and i think with millions of others were all of a sudden if we are not protecting and conserving tradition. If we're not even protecting our children than what good are we actually doing. What could just walk us through that argument a little bit and then the impact that it had yes so the argument was and it's not just dragging story hour. Which as a at the time. I was recent father and did outrage me. The fact that drag queens. I live in manhattan. I actually happen to live literally above a drag bar and joshua scenic place. You know that's one thing because it's known as okay. That's that's where you go. You have your like your about to get married you know you have your party at the drag fine but to then to say that this needs to be brought forth in front of children and to say well you know this kind of a frank. Frankly transvestite fetishism should be normalized for kids. Outrage me as a father. Maybe it's because. I'm from the middle east but i think a lot of americans will aren't from the middle east. Have the same intuition that there's something gone really wrong. Civilization -ly when we when that happens and someone dressed in latex boots to here is reading books. Two toddlers is bizarre argued that some of this has to do with precisely what josh said. Is this account. that freedom. Just means having maximal choice and having as much atonomy you want and what that paradoxically does because it gets rid of various traditional limits. It makes us less free.
The Charlie Kirk Show
Josh Hammer on How Biblical Law Makes You Free
"And so josh let me just follow up. You know so. So in in the jewish belief of the old testament. It's this belief in the law that was given by god. And so if you were to even say that on a college campus you'll be ridiculed and mocked that the divine would give you away to live your life using the best reason based you can. Can you help equip the audience here of how do they tell their friends on. Secular type college campus. No there actually is a law and if you follow it will actually make you more free. You help us walk through that. Yeah now this is a fabulous question if they saw him and i both have a lot of thoughts on this on this exact topic actually so there is this herod dot. There was this their mentality. That is really kind of creeped in in the united states and a lot of western civilization for the past half-century really more than that the past century century and a half at least a lot of it is as intellectually downstream of enlightenment of particularly bad strands of enlightenment. Saw it i would add the alignment obviously complicated the scottish light of a heck of a lot better for example than other brands. But let's simplify a lot of this kind of this intuition that we are free when we are we have maximum consumer choice that we are free when we can use whatever social media platform. We want to realize our self realization self potential me. I'm a lawyer by training. And one of the more intimate supreme court cases of the past thirty forty years the planned parenthood versus casey kasem which effectively reaffirmed roe versus wade in nineteen ninety-two. Anthony kennedy. has this utterly ridiculous passage lawyers. Call it the mystery passageway talks about how like the great apartment human life. It's the eternal mystery. It's everyone's junie to define his or her own existence that's kind of this mentality to with climates right all this nonsense and it explains a lot as to why western civilization has just gone totally off the rails so rab has been adamant about this probably more eloquent ballad than basically anyone in this space. I don't want to take too much of his time. But there is a different conception of freedom is a different conception of freedom. that is not just libertarian. Live and let live. There's a different conception of freedom that true freedom that true liberty can only attained and fulfilled through living virtuous lifestyle which turning constrictions parameters and barriers in
The Charlie Kirk Show
What Is Western Civilization and Is It Better Than Other Civilization Projects?
"Us through first of all what is western civilization. Thank you charlie. Thanks turning point for having me ny. I'd be remiss if i didn't also thanked charlie to being a newsweek columnist. So thank you for that and yeah great to be here. You know got dinner last night. We were joking about how we can possibly talk about how to save the west thirty minutes. So let's kind of dive writer and get right to the point here. So leo strauss famously defined western civilization kind of the ever existing tension between jerusalem anathemas between the bible and between kind of greco. Roman reason if you will. I think that's a good place to start a research fellow at the edmund burke foundation. Which is your arm zones. think tank. It's a home for kind of national conservatism. And we think of the nation state. The nation state is being directly derived from the hebrew. Bible actually the tribes of israel themselves going to be the original the og nation state. If will so. I think just recovering a sense of biblical identity and the importance of the nation state. In contrast to globalism in contrast to all sorts of utopian global ideals is a good place to start so it starts with the bible truths jerusalem athens and then obviously rome as well. Which is you. Don't more my good friends territory. Of course there's a lot there and so so rob. You have an interesting perspective on this. So can you tell us what does what makes the west difference. Why is this worth preserving and dare we say is the west better than other civilization projects currently or previously. So i would define the west. An not too dissimilar from josh shared as the combination of greek philosophy roman law and judeo christian religion and What's what's special about that combination. Is this view that a man and woman are at home in the world that there is that using reason we can understand the world and because we are part of a whole that is legible whole that can be discovered using reason we can also understand what it means to be happy as a human
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"Liberty was obviously important for them as it was for basically all the founders but they had other aims competing aims as well and by consequence. they did. they didn't necessarily always favor. Interpreting the constitution as kind of an overly constricted straightjacket Rather it will it would time be a little more flexible and pliable to allow actors to The room necessary to pursue the common good ought to pursue pursue the national interest And you know the necessary. Improper clause debate with respect to the bank of the united states which is one of the great debates of the era is kind of a good example of that. I think so I it's very much kind of a You know look a lot. You'll refer to hamilton as a as a nationalist. I that's basically right I mean he obviously fit you know. In his seventeen ninety one opinion he or his report manufacturers the obviously supports gonna make fairly robust industrial policy Likes of Orrin cast i think a lot of kind of They borrow a lot from him. As as far as intellectual history is concerned but he he's nationalism really kind of imbued his jurisprudence as well as thank so folks like hamilton and john jay had they simply had other aims in mind when they looked at at at a constitution to be interpreted. They weren't trying to do. A jefferson was doing and just you know narrow it as much as possible so as to maximize the soul of individual liberty they just had other competing aims and i think kind of their You know they're kind of national statesmanship played a big role in that. Constitutional interpretive exercise to joshing inclosing. And this has been a real treat in the prudence element of of jurisprudence. Has been de emphasized in your view. Right the element. I i would agree with that for sure. Yes okay. I guess the the most difficult thing to forecast then is ten years fifteen years from now we have potentially no change in the conservative legal movements of focus it becomes at least to me a question of to what then are we seeking to conserve If if the trends that are apparent now continue to progress. Are we really going to have any kind of we're gonna have any kind of movement left to preserve. That's i think one of the hardest questions to to put forth to you know. Jurists that I would rather put their hands up rather than do the very hard work of weighing and balancing Some of these concerns that they might think either ask them to go beyond their normal toolkit or on ask them to engage in this type of reasoning that They might not be prepared for but you know my my biggest. My biggest fear is that while we have all the brain power in the world. ain't worth a hill of beans unless there's some courage to act and so i wonder if you're concerned the same as mine Which is that. I think we've put onto the bench. Some wonderful people who are who are humble. And that's that's you know in normal times a quality that we would seek out But i think that we may have some moments in the years ahead in which as judge janice rogers brown said at a two thousand fourteen heritage foundation. Joseph story lecture that Limited government should mean limited judging But sometimes judges need to intervene For the sake of liberty and Where are they going to go for..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"So i want to embellish the point of making here there are any number of of modern Constitutional clauses that have been interpreter can strike in such a way that all the founders would Find it appalling but they really did. Kind of approaches entire edifice differently and thomas jefferson I think was kind of the predecessor of kind of what we call the strict construction est school of thought you know thomas jefferson was going to be true. Enlightenment classical liberal where he basically viewed You know the sole purpose of government As securing kind of a maximal conception of of of negative liberty which meant a necessarily from his perspective strictly construing constant provision as much as possible This kinda leads that famous necessary and proper clause disagreement that He had and i guess Will madison flip-flop in this later in life the jefferson famously with with hamilton school thought on necessary improper clause Which you know how. The argus talked about at great length elsewhere and how it's basically just kind of a recitation of kind of a of a street for natural provisions actually is really necessary proper clauses and obviously mccullers maryland ultimately settled that dispute posthumously for hamilton tragically but at settled it in his favor but jefferson was your quintessential like enlightenment rationalist. Strict construction est I think in many ways he kinda predecessor as well to kind of an overly litter roles School positive thought. I we might say i'm gonna say that jefferson would have necessarily morally approved or anything of neal. Gorsuch is opinion the bostock case but that school of hyperliberalist positive as textual is We might call that jeffersonian in nature Hamilton and you know the federalist party the you know the men who drafted the preamble and who are really kind of Dominated large swaths of the first two decades of the of the american republic took took a different approach They did not necessarily interpret every clause as strict the are narrowly as possible. They had kind of other substantive aims to kind of individual liberty..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"I think gets lost a lot of times in history classes on the american founding is the philosophical wisdom that the founders had they took for granted they knew this really so well So you know in history class. You might get a teacher. Teach how they structured the government and some of the various compromises that the founders made. And if you're luckier if the teachers good you might get to som- or a little bit of the underlying logic of the government but what's really missing is a coherent account of philosophy. Part of that might be that history teacher is our amira some american classes sister. Ill equipped to have that type of discussion with students and with young people but something that comes across in your article and you spend quite a bit of time on. Is that both. The founders had coherent political philosophies and they had really but a philosophy of the person On which the government is founded in that have that provides a certain underlying logic. So you for instance. You know. Describe james madison as the moderate In the committee on style. Then you have jefferson. Who's the kind of the rationalist alexander. Hamilton is a student sort of edmund burke and he's a strong federalist but i think you know gets to a question of competing philosophies amongst our founding fathers and some of the debates that they were having that's regarding a pistol mahlouji And even metaphysical disagreements between the founders. And i think these questions in large part undergird the reasons that our government was created the way that it was So can you flesh out for us some of these debates and then also if you would what is the importance of these disagreements among the founders particularly for legal conservatives. Yeah for sure so really happy. Brought this up because it actually kind of undergirds entire point about a pyschological humility. By the way. I in fact part my criticism of kanda historic assists triumphalist part criticism of kind of the corpus linguistics project project. Excuse me is that. It doesn't take it doesn't take much to. It doesn't take much effort to kind of go back in and review and see that the founders disagreed among themselves and they did so vociferously. I mean You know a calm student lawsuit. Law school right. You learn about the pacific as hell. Healthiest debates between How hamilton madison. Whether it was respect to kind of article one section eight numerous powers whether respect to implied article two executive powers and which hamilton was obviously the more permissive of of those two dueling Schools of thought on. They really disagreed a lot. I mean i mean for goodness sake. I mean Someone who works In media i mean if you go back and look at the. The partisan newspaper mud-slinging the election of eighteen hundred Part of it was purely at homonym. Of course which i'm not going to defend. That's not a good thing but Part of it was just like a profoundly. Different views As to what constitutes the good life and how the good life manifest itself both as a political and a legal matter. So you know part of the problem. I think kind of originalism inc so to speak over. The past three to four decades definitely has been kind of over embellishing the extent to which the capital f. founders. Agreed on all these things. I it's just not true. Now there are any number. I think of of constructions from modern times that we've seen applied that it's true like the like the founders all but a surely would have unanimously You know been gas at that..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"Let's read what they're writing to see the justice thomas alito and gorsuch increasingly. Just kind of Just throwing out there that barron cavenaugh lack the fortitude I it's hard charging stuff so you don't have to look very far to kind of realize how flawed the current status quo is You don't need a boss doc. Moment every single day bostock should've been eliminating in of itself obviously But the there's just so many data points at this point to just kind of events to you know intellectually curious judges. How our office but having said all that Yeah to the extent that. I'm specifically speaking to sitting judges. I'm definitely speaking more to kind of younger judges who you know. Probably follow like the twitter sphere and like the public discourse little more. Just kind of a tune to Just the immense intense frustration. That is out there. As far as kind of our sclerotic outmoded originalist orthodoxies that increasingly just do not appear to be delivering returns for substantive conservatism. Well josh let's get down to cases then so for the benefit of our listeners. How would a common good originalist approach in a case about like first amendment protections for free expression of animal crush videos Be handled you know. This is of course a determination that the supreme court made over a decade ago. But how how would a common good originalist approach that case differently. Yes so the animal crush video came out within a year or two of the snyder versus phelps case. If i recall right It was it was right around the same time Very similar cases As far as jurisprudence necessarily underlying facts. Of course here. so you know for the for the benefit of the listeners. There's so-called animal crush video Which is just genuinely horrifying stuff Right i mean We're talking here about these. Sick twisted drained individuals that are taking years of themselves Killing and maiming or killing innocent animals on posting that online for god knows what reason. Cyberspace phelps Was the case Where phelps. You know who is Has died since then. He was the founder of the baptist church and would spew these horrific epithets from a public sidewalk military funerals so that the question in both cases. It's actually Is first amendment free speech right to do this justice alito Basically says in both cases that no you don't. I think that is definitely the common good originalist approach here And you don't have to go back really that far lobbies kind of free speech clause issues. Were debated heavily in the early republic. And you know The hamilton ian wing You know the federal party The alien and sedition acts obviously I think history has not been kind to them to put it mildly on but a lot of this kind of Slightly less permissive slightly. Less maximalist view of free speech was i i it was somewhere between popular predominant among the founding generation and more generally i. It's really kind of a historical revisionist enterprise over the past few decades. Where i think some juries have of just looked at our free speech and the citizens united case two thousand. Ten is interesting I i. I think the outcome is almost surely correct But some of the language in there you know anthony..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"I definitely speak to some extent to current judges By the way also currents centers representatives cetera as a good departmental to pick up where he was talking about it. You know. I firmly believe that. Constitutional interpretation is an actor all the branches. So i definitely also want to appeal to folks In article two and article one not just article three but sticking not purposes of of our conversation here to article three I tune extent. I am writing. I think more for current law students and young lawyers for young prospective judges than for those who've been on the bench for decades. I'm an info for those judges to i am writing for. It's mostly those who Are a little younger who Are i want to say more with the times. That's like a little a condescending. But are you know it's kind of borrow some. Some of the preferred terms of our dear friends of the claremont institute are y- slightly more redfield. I guess you might say as to what is actually going on in the us. As far as what are clermont kind of call. What would increase the appears to be kind of the later stages of our republic and our are kind of the flip side of that kind of like situational awareness as to how far off the rails the constitution has been since at least the woodrow wilson presidency over one hundred years ago. It's just kind of this point that i pressed in both my debates with wheel and both are in person heritage foundation debate and then kind of our federal society zoom debate. I i kind of i. I also do this again in the intro to the harvard. Gop article because it's an important point. Depress is just to try to kind of lay it out for people. How many failures The conservative legal movements and edna. Republican party is quite candidly have produced. I mean it's a very very long and and sad less and like they're obviously ours not standing judges justice who have come out of that clarence. Thomas samuel alito at the supreme court level You know i. I was privileged clerked for a judge. Jim judge james e ho of the fifth circuit. Who of of course is Is of many fabulous Trump nominated lower court judges Obviously there have been any number of of successes on. But look i mean. It's let's just hate this past term for for example gary. I mean we get any number of of disappointments here. I mean the failure to grant shirt in the arlene flow arlene flowers case. I mean where. Wherever for the love of god They actually in this case quite literally. We're for the love of god. We're justices breakfast on coney barrett And you know. I recently published on my good friend. Josh blackman had kind of long form op. Ed more of a short essay. Honestly a newsweek and josh is talking about how How you don't have to look very far ee..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"Can slowly move the needle back towards kind of a a fuller more kind of A legal education more oriented to producing true josh. If i may two two quick points that build off of what you said the first is that. I think the notable difference that you would have with many folks in the conservative legal movement is that you are in unabashed departmental meaning that you don't want conservative judges having necessarily the final word on these constitutional issues and by conservative judges. I would mean the lower courts and then the extensible six three Republican appointed majority on the supreme court having the final word rather you would want their opinions to be seen as part of an ongoing conversation between the branches on the constitutionality of certain disputes. And at the end of the day Constitutional order would result rather than having The court be treated as a final arbiter. You and i've talked about that before. But the other thing the just to get back to epistemological humility that i think makes for a much deeper Point that the judges who've been schooled in a certain approach That looks at originalism as much more of a technocratic pursuit is how is one to expect a judge that was nominated confirmed and has been practicing for so many years How is one to assume that that judge you need feel the kind of awakening to what this moment requires of him or her That thirty plus years of jurisprudence a neat neat neat neat to be kind of looked at in the context of when it developed. But not as based on some kind of you know true interpretive methodology. I see i see the real question of trying to get a old dogs to perform new tricks as being the strongest barrier to call it natural jurisprudence or common. Good originalism I see that as the strongest barrier to Breaking in now. Of course we've had some judges who have been much better than others. But i still see the same kind of Hesitancy to to adopt you. Know an an interpretive methodology that for them you know seems to run against you. So many years of practice as as being the hardest nut to crack but Maybe maybe maybe you think these these old dogs if they see some of their fellow judges leading the way they might they might be more open to follow. So this is indeed. One must have parts of this entire project And to an extent when. I write articles like this you know harvard yale. Vpi article my main audience is is..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"How's that for a turnip raced. They store triumphalism of kind of corpus linguistics. Project that we see that we can You know if anything. It is kind of Hubristic it is it is deeply hubristic I and conceded conceded. I think to think that humans can do what i was talking about. Kind of fully separate their their moral principles at at at the door I think kind of the humbler. Approach to kind of candidly concede that this is ally you know again. That has both the bible and the greeks taught us That this is not who we are that we are human beings who have moral yearnings and have to kind of engage. Moral reasoning is kind of a bedrock function are being human. and in the first instance on. So i i have an analogous topic. Actually where i think. This kind of cuts both ways. I was thinking about this recently in the context of and you know my longstanding view on starters isis walt. Let's stick to constitutional reputation But my my my view is in. Constitutional interpretation is very similar to thomas. His view As most clearly expressed in the gamble mercy united states concurrence and twenty thousand nine hundred. And you know. I think i think people throwing so my critics we kind of look at that and say well. How can you reconcile these two things. Well it's actually interesting I published in national affairs last fall and the very issue of national affairs. My and my friend jimmy. Rozanski had another issue started sizes Which was basically a trying to tease out. Burks views on this And you know burke himself obviously he was a lawyer by training but you know we think of him more kind of statesmanship and political philosophy than for his approach jurisprudential legal questions but the extent to which he kind of waited in on on this subject he basically said that kind of ad hoc kind of common law rulings are actually only evidence of the correct only evidence of the correct answer And you know jeremy's s economy gets in there a little bit more than i'm you descr describing but the the upshot. Here's that Counter-intuitively views on starts isis. Appear to be a lot closer to justice. Thomas views Then you know justice. Breyer justice kagan's views for instance. Or something of that nature So i think pyschological humility can have some intuitive applications Is is what. I'm getting at here But i you know i mean. This is a good question and this is obviously a very recurring line of criticism. Not just towards me but Again towards harry. Jaffa back when he was alive and back towards kind of a back towards anyone who frankly would imbue Some sort of kind of moral substance into constitutional interpretation as an exercise ultimately. What really needs to happen And garrett i think we talk about this a little bit jesse. Maryam on our last podcast. Here together was ultimately. What has to happen is we need to just hold reform legal education. This is where it really starts here. because i it's very difficult i think to kind of Expect judges to do sort of thing that i'm calling for them to. Do you know absence. Some sort of formal training in that. So i think one l. curricula have to be like that. That's be like drastically redone as one example to kind of directly. Get in there kind of the bible frankly and then kind of just some kind of traditional kind of natural log reasoning as well but robbie far from that But you know hopefully through podcast like this and conversation like this.
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"The world's entitled abortion is unconstitutional kind of builds off of a lot of work. That our our friend. Josh critic has done as far as far as fourteenth amendment equal protection clause interpretation is concerned. So here's kind of how common good originalism would directly interact with presser bradley's article in that specific constitutional context. I think this is about as about as good an example as i can think of. So if we're talking about Abortion rowe versus wade And the fourteen and and and the fourteenth amendment here you know the traditional kind of school work view on this is that you know. The constitution is silence. Concentration is not a moral document It says nothing about abortion. Therefore it's a state's issue tenth amendment et cetera pretty straightforward analysis professor finance. Josh chronic. They get in there and say well. No i in sexual on the fourteenth amendment and really the equal protection clause in particular when they referred to persons it was well understood that this would have protected on born persons as well so come and get originalism The two step process here. The first step is kind of again kind of burkina epistemological humility. So you look at this and you say okay. These are two viable on competing schools of of of originalism or compete compete to viable Applications of originalism. I should say On kind of just a basic just historical historic inquiry so at that point once. You're in this construction zone. what do you do. Well i say that. You err on the side of the telo of the american regime as rooted in a in provisions such as the preamble with its calls to establish justice promote the general welfare. And that would kind of allow for You know to engage in kind of jerry bradley. Hi how the archies. I think esque reasoning where you can actually directly discuss what abortion..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"But if i understand correctly it's kind of a you know it's more or less kind of an algorithm that looks at dictionaries from a certain time of legal provisions and spits out. What is the the likeliest answer based on that. I my objection to to all that which you know is kind of similar. I think to You know professor. Jerry bradley's objection and a lot of folks who kind of floated in our in our circles is that well it's twofold one is that I i generally do not believe that this is the actual inquiry that the founders actually were calling for on so if you want to like actually take them at their own word If you wanna look You know i would folks like alexander. Hamilton would refer to as those axioms as those anchoring. True says those things that we took for granted that we kind of assumed to be true before we even got to the act of trying to figure out what words on a page mean so from that perspective. I kind of just disagree kind of like a fundamental level. And then the other thing that i find just particularly troubling about this this viewpoint here. It's i think it's a bit of a lie against human nature actually I think it's deceiving human nature to pretend like judges can like You know truly leave their their values at the door so to speak This notion that That that a judge can just completely forsake any and all priors can completely forsake any and all sense of morality virtue or anything like that engage in a straight historical increase getting the one true and correct answer that is bordering on impossible. If not outright impossible perhaps. There are some like superhuman type article three or state court judges who are truly capable of engaging in such a task but not again not only as that task kind of just contrary to the basic I would say both biblical andrews italian view of man as inherently moral creature with moral inclinations..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"Lot of clauses In the constitution are open to debate. And this is a point that i think a lot of originalists Especially in kind of that purely hysteresis kind of Antonin scalia bork. Fashion have been kind of adamant about over. The decades is that this really is just the historical inquiry that is predicated upon the fact that a historic approach can yield one quote unquote true one quote unquote correct answer but the very notion of the word zone in the phrase construction zone implies that is just not necessarily always the case and it's important point to make And kind of later in the essay. I talk about how you know. Like my My reading of of edmund burke and the great common lawyer kind of i think imbues the way i approach this with a certain level of pyschological humility. That would militate against kind of that like Scalia bork Absolute assurance that. There's only one answers which i think i think we should basically be candid and forthright that it it. It's a feature not a bug of of this of this constitutional edifice this beautiful structure that a lot of these clauses are phrased with varying degrees of Of generality varying degrees of specificity. And obviously i'm speaking in broad terms here. A lot of clauses are incredibly precise. I mean yeah. The seventh amendment speaks of course of a minimum dollar amount in controversy for suits at common law. There's minimum age to run for president. There's things of that nature You know there's no kind of a little room for common gooding so to speak those provisions but Phrases is more elastic You know then the question becomes what to do and this is. This is where we're operating in in the in the construction zone here so you know a lot of Are more kind of Libertarian-leaning friends professor barnett. I i think it's gonna shifted his position a bid over the past few years but certainly when he first wrote his The presumption of liberty book fifteen years ago..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"Of the law of of the american regime. Rather it's rooted in kind of the overtly nationalist aim of a more perfect union establish justice justice obviously kind of right out of as far back as aristotle and some of the great greeks justice justice. You shall pursue. That's right out of the bible of course provide for the common defense. Well you know The general welfare. These these are the common good so conservatives. I think have gone so far down. The rabbit hole maximizing individual liberty and individual rights onto the exclusion of kind of more communitarian Institutional national national interest and That really kind of crux of my objection to what has passed as either positivist or libertarian leaning originalism for much of the past fifteen twenty years or so and i i guess the way that i differentiate myself from professor mules constitutionalism. By contrast to of. Finish your question there adrian. You know is a friend And i you know. I i We disagree with the margins. But i but. I applaud his efforts to kind of shift. The overton window on on this discourse I he is kind of forthright. Leauge working in He is unapologetically working. In as far as methodology is concerned he basically just wants to kind of take the door kinney and methodology and apply it to His own preferred ends. Maybe he would call a conservative. maybe he would Immediately just called catholic honestly. I mean i'm not really sure on. And i have a lot of overlap with those ends. You know solidarity You know consolidation I share a lot of of the of the preferred ends. I guess the difference for me is that i find that. A lot of these ends can also be achieved. in a way that is truer To an actual authentic interpretation of the tax as tax is channeled through the prism of that. Tell us through the prism of the reason the law With the preamble serving a real role here so the methodology is definitely a little different..
James Wilson Institute Podcast
"josh hammer" Discussed on James Wilson Institute Podcast
"Josh hammer. Josh is newsweek. Opinion editor a research fellow with the edmund burke foundation he previously worked at kirkland ellis in clerked for judge james c of the. Us court appeals for the fifth circuit. He'll be s from duke university and a j d from the university of chicago law. School josh is on to discuss his new harvard journal of law and public policy as a common good originalism. Our tradition and our path forward. The essay grew out of a piece that he wrote. As part of symposium with claremont institute's publication. The american. Mind that i our founder and director hadley arcus also contributed to its for a lot of a potential exploration of path forward for conservative jurisprudence. And so we're really pleased to have him with us. Also joining us on. Podcast is one of our interns. Tom's roof tom. Why don't you get started josh. Give us a sense of what you understand. Conservatism to be specifically. How does the common good relate to conservatism as a value. Right because leftism has collectivism as a common good value. But why is that antithetical to your project from the left. And then from the right. What distinguishes you from someone. Like professor adrian mule and his concept of common good constitutionalism. Sure yeah so garrett and james wilson's shoot. Thanks so much for for having me back. I i take pleasure in hinting. A return guests of this wonderful program so happy that you're kicking us off on this. No because i think defining what conservatism is or at least have as i construe it is definitely kind of a necessary precondition of sorts for understanding. Why the our understanding why what is currently offered as a purportedly conservative jurisprudence simply does not rise to that occasion. So you know look i A lot of this is going to be Beyond the confines of what we can talk about here. I think scholars continue to debate. What conservatism is. But you know speaking. Personally my own you of of what. Conservatism is is definitely informed. Quite heavily by my my colleague In many ways kind of One of not my of preeminent mentor Which is a euro-zone as the president of the burke foundation. Where research fellow. And he's understanding. What conservatism is which i think most clearly outlined the twenty seventeen american affairs journal long-form essay with our other colleague for your high avery. Abi i think it's closest to what i have in mind when i talk about conservatism..
The News & Why It Matters
Iowa caucuses results are in but chaos and confusion reign as no clear winner emerges
"AP has declared officially after so many days of waiting eating That there is no winner. They are unable to declare a winner of Iowa Democratic caucuses because of irregularities in this year's process and the tight emergent between Pete Buddha judge and Bernie Sanders now. This comes after The Democrat National Committee Chair. Tom Perez has already dad. We need to re canvass. We need to go back and count all you know all of the paper Th th the paper trail everything because it's too close to call. There are too many questions we gotta start over Pat What are your thoughts on this tobacco. I think we've already left behind. Have we got New Hampshire coming up in a couple of days as we might as well. Just forget it this year. Yeah I mean nobody's going to really be able to have the bragging rights here because They can both claim victory. Sort of Bernie is already saying he won the initial Vote and Buda judge one the one after that and and it's kind of like I think it was two thousand twelve with Rick Santorum where we found out a week later right that he won when they thought it was. Who Was it Romney or they thought somebody else one yeah and it turned turned out? Sanatorium did and so he never really got the credit for that I mean he never really got any momentum going or anything for that because it was too late this. It's going to be as well. I think we're wins. Josh Pat points out you know. Historically the person who wins does get that momentum going into the New Hampshire voting and no one's going to have that now. How do you see that playing out yet? So need silver at five. Thirty eight had a pretty good column on Tuesday the night after this total crap show unfolded where he basically. We said that. Even if Iowa does get you know what together. It's never going to be too little too late. It's already too late because what happens. Is the boost. You get head. Is You go on national television that night and you're able to declare victory as someone who was very active in the Cruz campaign. Two Thousand Sixteen. I remember Ted's victory speech in Iowa very well and he got a bump out obviously didn't take them all the way but it did help so no candidate is going to be able to claim that this year and I think there are serious questions about the Avocados process going forward. I mean I'm actually longtime defender tender of it. I happen to like the caucus process. I participated in and I to me. It kind of embodies all that Alexis de Tocqueville famously looked at America everyone kind of game together and like like they're doing their civic duty in a very fundamental level. It says it's much more engaging process and the privacy of a ballot box clicking lever so I'm long time defender but having said add that if the Iowa Democratic party can literally not tabulate the votes to give us what the party apparatus needs. I think there are very serious questions but I will going forward. So whoever ends up the winner and perhaps we'll never know. It seems to me quite possible. It will be the last winner but I will caucus what do you think trial in. Good clear even at we don't know winter. The the clear loser was Joe Biden. Who by all accounts came into distance? fourth-place talk about the former vice president of the United States coming in Pretty low in an in a state that he he should have carried or at least come into the top two and we were just talking a little bit earlier that there has never been a nominee of of either party Who has placed below second place in both Iowa and The caucus in the New Hampshire primary. So if Joe Biden doesn't get his act together and at least place in the top two Next week in New Hampshire. There's really no precedent for him to become the the party's nominee. I mean how incredible would that be that. There's been all all this talk about Joe Biden and we could be looking at him dropping out within a week or two. He's done I mean I do a weekly election. Newsletter for the daily wire comes out Thursday's you can describe bribe. LP DUCK LP dot daily wire dot com slash. Get election wire so I said Yeah. I'll talk to folks about. Yeah but I mean I guess I basically said stick a fork in Joe Biden. He's done I don't see it at this moment. He's fourth place in Iowa. He's not going to get any better in New Hampshire that so-called firewall in South Carolina which the the campaigns been touting for months maybe a year on. Then it's already dissipating. He's four or five points. The most recent poll there if he goes fourth-place in Iowa third or fourth New Hampshire. He's probably not GonNa Win Nevada because again it's a caucus state caucus eight does not play well to his campaign apparatus. He's going to go over three in the first three. That firewall Julia Florida already saying he's not he's he doesn't have a very good apparatus in Nevada. He doesn't have have a good organization on the ground there and he's not looking good right now. Now we obviously see judge with a little bit of momentum going into New Hampshire sure You know let's let's pretend for a second that's already played out. Buddha judge gets the gets this boost and suddenly Buddha judge is the person that we're looking got running against trump in the general just UC. That is that going to be a problem for trump. Do you think or do you think trump could handle it partly I I do not. They blew judges a particularly scary general election for trump I actually think Bernie Sanders. Despite being as radical as he is a more formidable generally Bernie Sanders and trump. Have this weird crossover appeal read. They're both kind of burn it. All down anti-establishment counter cultural in their own unique sense figures. I think they actually she probably a appeal to a lot of these similar. kind of rust belt's More antitrade Anti Nafta style voters would adjudge. There's just so much material for trump come to work with their and he's so young he's so inexperienced. I mean a lot of you are these conspiracy theories that he's like a CIA agent. It's kind of sketchy. We don't really know exactly what he was doing. There's just like he's too USA by happy but he's what he's thirty seven years. Old Trump could torture in the debate. I think he's the mediocre mayor of a town one-seventh the size is of your average congressional districts I I mean E it's not serious I was telling somebody from Miami. Yesterday I was making like a reference in terms of like how how big South Bend is compared to like some of the small municipality down there and it's just really ridiculous and I I totally agree with Josh. Not only does does Bernie Sanders. Had I think the strange crossover appeal. I also think he can activate people who otherwise don't vote just bring a lot of people out of the woodwork to show up to vote so I think I think I think president trump is in a very strong position heading into November. But it's going to be very interesting to see what Democrats do you at the convention because it would. There's no clear front runner. I don't think that the powers that be. You're convinced that Buddha judges is strong and the clearly do not like Bernie Sanders so we may. We may be going into broke. Invention Pat. Do you just to play. Devil's advocate Josh. Do you agree with Josh. That Bernie would be formidable candidate against against trump. Because it's because the just put it out there you know. I agree with what you're saying that they kind of have this same anti-establishment feel but it's so hard to vote for for someone like Bernie wants US radical change people's lives are good right now. You know you have the economy that trump touted during the state of the Union. You people are working on It seems so unlikely to me that people would say yeah. Let's change everything. Let's burn down when it's working for the majority of two and especially since Bernie as a socialist list. My hope is that this is still America and we're not quite there yet. Another young people who were there that think socialism might be a great alternative to capitalism. Something I think this shows the greatest difference you can possibly show going into an election a guy who's overseeing a great economy for for four years and who is a hardcore hardcore capitalist and a socialist curmudgeon. WHO's seventy eight years old? I mean I think that's a great economy That that trump could exploit whereas does with Buddha judge who I don't think is that strong either And it seems like you don't go from South Bend Indiana mayor to President of the United States. Although there was a country where can happen. It's here thank you. Don't go from reality. Show host president if that happened but Budi judge has has one other thing going for him and that's identity politics and you've got to be a little bit careful with him because of what you say and trump isn't careful and he could run into trouble I think. Yeah I mean my concern with with with Buddha judges his his youth and I think he could definitely use that to his advantage. But it is as far as Bernie and socialism. I mean like Josh like Josh Nine you as well like we were born in in in an era where like the Cold War is like a distant memory the most people of Dr Generation. Wow we have no recollection of what socialism even is the here it. There's like some scary S. word but they don't exactly know what it means. They don't remember the bread lines in the former Soviet Union or or the Eastern Bloc states countries and and they're not learning it at school either so when you call someone a socialist. They'll think. Oh Yeah it's like the Norway pavilion at Epcot They're completely disconnected from it. So have to be the baby. Maybe boomers who understand that and don't vote for for Bernie Sanders hopefully still will we like the the people have educated on it. Yeah