37 Burst results for "Wilson"
Fresh update on "wilson" discussed on Dual Threat with Ryen Russillo
"Of reading a season and figuring out where it's going and making adjustments from there. And you almost feel like he needs a guy on staff who can help out with both of those things. That Sean McGregor is not the Sean McVeigh of game management and he needs to go and find that guy. So I would say that there's that, but the Jaguars is such a mess dude. I mean, Trevor Lawrence has one touchdown since Halloween. There's just nothing going on there. And I don't think I was actually surprised when I asked Steven this last night. I thought that maybe playing the Jaguars McVeigh could use it as a bit of a laboratory and say, hey, let's try this. We're gonna win anyway. And it sounded like you didn't really do that. Can you say that McVeigh stat again? Because that's really impressive. Yeah. So it's from tej Seth. And it's EPA perplexed expected points. One through 8, second in the NFL, which one through 8 second of the NFL, weeks 9 through 17 9th, excuse me, 19th in the NFL. Nearly issue. He says, you're the issue. That's crazy. Yeah. Yeah, that's why I wanted you to repeat it. Anything quick on Trevor Lawrence, because I feel like if he were the jets, we'd be talking about him a lot more. I can't tell. Because the stats aren't good, that's fine. I don't know if you're blaming his slutty quarterback outfit for Halloween and why he hasn't thrown many more touchdowns since doesn't sound I'm going to say that you're not going there. They get the weird Miami win bills win where the bills were in their own football here. I physically get it. But when you're the best prospect probably since Andrew Luck, yeah, it's unbelievable that we don't ever really talk about you nationally and I'm not even sure what's fair other than if you were with the jets and had this stat line. There'd be way more segments on is he the guy, which is probably unfair anyway for any rookie quarterback, but it's kind of funny that he exists the build up to what it is now. He exists almost in this world of non interest. We've done should Zach Wilson be the starter next year like 5 times on various podcasts and I've heard or I've done. I think we did it last week about Russell Wilson. But it's a disaster right now in Jacksonville. And I'm gonna separate Trevor Lawrence out from here. So DJ shark and Jamaal agnew were out for the season. I think the leading receiver last night was Laquan treadwell. He's back. He's back and he's leading teams in receptions. And urban Meyer is a bad NFL coach. And I don't know, the thing to me, Ryan, I'm gonna rant here because I branded it on this couple of times. It just upsets me how many times we talked to older quarterbacks who never really made it, and the.
Washington beats Wilson, Seahawks 17-15 for 3rd win in a row
"JD JD McKissic McKissic scored scored twice twice while while Taylor Taylor Heinicke Heinicke threw threw for for two two hundred hundred twenty twenty three three yards yards and and a a score score as as the the Washington Washington football football team team won won their their third third straight straight with with the the seventeen seventeen fifteen fifteen win win over over the the Seahawks Seahawks make make kids kids a a college college ten ten yard yard touchdown touchdown pass pass in in the the also also on on a a ten ten yard yard touchdown touchdown run run the the football football team team improved improved to to five five and and six six and and is is now now in in the the NFC NFC playoff playoff picture picture Heinecke Heinecke says says it's it's been been a a collective collective effort effort I I really really starts starts those those guys guys up up front front offensively offensively office office of of line line if if they they don't don't get get a a lot lot of of credit credit but but let's let's let let these these last last three three weeks weeks have have been been phenomenal phenomenal Russell Russell Wilson Wilson led led the the Seahawks Seahawks on on a a ninety ninety six six yard yard drive drive late late hitting hitting Freddie Freddie Swain Swain with with a a thirty thirty two two yard yard touchdown touchdown pass pass but but Wilson's Wilson's two two point point conversion conversion pass pass was was intercepted intercepted by by Kendall Kendall fuller fuller Greg Greg heist heist Landover Landover Maryland Maryland
Fresh update on "wilson" discussed on Bloomberg Daybreak
"Giants were without Daniel Jones into a neck injury Mike glennon filled in completed his first 8 passes with just 15 of 36 after that And then it was revealed glennon suffered a concussion so not knowing who the QB will be next Sunday Zach Wilson put for two touchdowns ran for one the jets scored TDs on their first three possessions but shut out after that Philadelphia won 33 to 18 Gardner minshew filled in for the injured Jalen hurts when 20 of 25 Jake Elliott takes four field goals The islanders got a game sign go with four seconds left but lost in the shootout to Chicago three to two so now 11 losses in a row the aisles still yet to win it the UBS arena now Owen 6 St. John's before him eating 360 nine college football semifinals of Michigan versus Georgia Alabama in Cincinnati something old time Brooklyn Dodger fans have been waiting for for a long time the late Gil Hodges.
Oveckin's hat trick gives Capitals a 4-3 win over Panthers
"Alex events can registered his twenty eighth career hat trick as the capitals won for the eighth time in ten games four three over the Panthers a veteran scored twice in the fifty six second span of the second period and pulled within nineteen goals of former Cappy armor yarder for third on the NHL's all time list a Vatican says he stepped up his game after being hit in the mouth by a park five minutes into the contest it was a wake up call for you know but again thank god I didn't lose any teeth like it was not a major Tom Wilson also scored and if getting because that's a fat three assists as Washington ended Florida's four game winning streak Jonathan Huberdeau seventh goal gave the Panthers a one nothing lead just thirty two seconds after the opening faceoff I'm Dave Ferrie
Update on the latest sports
"AP sports I'm guessing Coolbaugh Georgia continues to top the latest CFP rankings but there's a new number two and number four Ohio state has moved ahead of Alabama for second with Cincinnati holding the other semi final slot in Michigan sitting just outside the picture in fifth the Bulldogs and bear cats are the only unbeaten teams in the rankings here Cincinnati coach Luke Fickell it is what it is I think we've kind of said that from the get go and it doesn't really matter until the very end of the season in other college football news Penn state coach James Franklin has agreed to a new ten year contract that will guarantee him at least seventy five million through two thousand thirty one in NFL news the Titans cut former all pro running back Adrian Peterson after just three games the giants have fired offense of coordinator Jason Garrett also in New York a person with direct knowledge of the situation says number two overall pick Zach Wilson will return as the jets starting quarterback Sunday against the Texans in college basketball number one Gonzaga handled number two UCLA AP correspondent Dave Ferrie reports Andrew name hard scored twenty four points in top ranking zagra improved to six and by whipping number two UCLA eighty three sixty three to capture the empire classic hi Amy how Cass tried to keep the Bruins it finishing with nineteen points before UCLA fell to five in one it was the first meeting between the two teams since their epic battle in the final four last spring in NBA news warriors star Klay Thompson practiced at full speed on Tuesday on the court the Knicks were able to regroup after squandering a twenty five point lead against the short handed Lakers a manual quickly nailed four three pointers in the final period to bail out the Nixon A. one oh six one hundred victory we need a room ready to you know make that second push so we just you know want to withstand an act in the NHL the lightning have eleven points in their last twelve games after blanking the flyers for nothing Zach Bogosian scored for the first time in sixty three games and Corey Perry snapped a thirty seven game goal drought guessing Coolbaugh AP sports
Judge exonerates two men convicted in 1965 killing of Malcolm X
"The charges have been dismissed against two of the men found guilty in the slaying of civil rights leader Malcolm X. in a New York courtroom Manhattan district attorney Cyrus Vance junior declared that Mohammad Aziz and Khalil Islam did not get a fair trial in nineteen sixty six because evidence that would've cleared them was deliberately withheld orders on the record J. Edgar Hoover himself the FBI Wilson this is not to tell police or prosecutors have anymore in fact FBI informant the judge granted the request conditionally vacated Mohammad Aziz who was paroled with his co defendant in the eighties hopes the criminal justice system that unfairly put him in jail makes restitution the same system that responsible for this travesty of justice all of the responsibilities he cites racism behind his prosecution and conviction for the
6 teenagers injured in shooting near Colorado high school
"Hi Mike Rossi a reporting six teams are injured in a drive by shooting near Denver area high school authorities in Aurora Colorado are investigating a shooting Monday that saw six teenagers ages four to eighteen wounded at a park near Aurora Central High School my understanding is it was a drive by shooting as well as there may have been people on such cheap enough so Wilson of Aurora police department Monday shooting followed the fatal shooting of an eighteen year old Sunday night and a report of a shooting at a mall in Aurora on Friday where police found shell casings enough is enough and I think we need to come together as a community this is a public health crisis sound courtesy of KCNC hi
Aaron Rodgers meets return-to-play COVID-19 requirements
"Two quarterbacks return to Lambeau field Aaron Rodgers from coal been Russell Wilson from a broken finger neither one was sharp accounting for three ends on interceptions but Rodgers at AJ Dillon late and a defense all night as we they shut out Seattle seventeen to nothing dealing with two fourth quarter rushing touchdowns and green bay's defense headed Wilson his first shutout since he became a starter in Seattle as for Rogers he came out of the cold and protocol on Saturday was just grateful to be taking snaps again a lot of emotions for sure good to be back with the guys good to be back at home most emotions from the whole night was probably walking off the field after the game definitely
Capitals rout Penguins 6-1 in Crosby's return
"The capital's role to a six one win over the penguins in Sidney Crosby's return to the Pittsburgh lineup garnet Hathaway of getting his nets off Conor Sheary Daniel Sprong and Tom Wilson each had a goal and an assist in the caps fourth win in a row Wilson says they never let up their team that if you give them an inch they they can get back in and they can make you pay so we wanted to stay on top of the specially going into the third Alex of that's gonna added two assists and VTech vantage check handle twenty four shots for Washington the penguins got Crosby and defenseman Brian dumoulin back from the NHL's cove in nineteen protocol Pittsburgh coach Mike Sullivan also is back from protocol but the pens didn't score after J. cancels first period tally I'm Dave Ferrie
Where Are All the GOP White Supremacists the Left Keeps Talking About?
"Where are the white supremacists that we keep being told about Jennifer? I wish I was out. I don't know what they are. They're at the Glen young in rally paid for by The Lincoln Project, pedo protected. Oh, hang on. I just connected two things. Isn't that interesting? Lincoln project protects pedophiles like Jack Levi, with 21 young men, children as well who had inappropriate sexual relations with. That's The Lincoln Project white supremacist problem with Rick Wilson and his wife cooler with the south shall rise again written on the cooler with the confederate flag. Oh, and then there's white supremacists like Charlottesville, so I think there's a connection here, isn't there, Jen? Yeah, you're absolutely right. Everything that the left calls us is exactly what they are. We've seen it from conspiracies. We've seen it to what they call the people on the right. It is just them trying to shut people down and to try to deflect from who they really are, and it's disgusting. We have got to do a better job of spreading the message. I know talk radio does it. Thank God for that. But when is the news media going to wake up? When is the left going to stop trying to brand the right just because they can't articulate facts because they don't have any to bring to the
Stroud throws 5 TD passes, No. 6 Ohio State routs Purdue
"Moving to nine and one on the season the number four ranked Ohio State Buckeyes dominated the nineteenth ranked Purdue Boilermakers fifty nine to thirty one at home Ohio state after one half lead forty five to seventeen scoring on their first aid offense of Dr Gerry Wilson in his first game back from injury collected ten receptions for a hundred twenty six dollars and a fifty one yard rushing touchdown on a jet sweep as well Ohio state quarterback CJ scribes also terrific throwing five touchdown my job is to sit back there and deliver them also I mean when they get to play fast and and then go do the things so on the off line on the fly with we go better is often spotted at despite the loss of your car make a no call for Purdue played well during the nearly four hundred yards and four touchdowns Maxwell Kongolo miss Ohio
McNamara, No. 9 Michigan rally past No. 23 Penn State 21-17
"Cade McNamara threw a forty seven yard touchdown pass to tight end Eric all with three twenty nine left sending C. F. P. number nine Michigan to a twenty one seventeen win over Penn state backed America pleaded nineteen of twenty nine passes for two hundred seventeen yards and three touchdowns helping the ninety one Wolverines stay in the hunt for a big ten title Hassan Haskins ran for one hundred fifty six yards on thirty one carries Roman Wilson caught a pair of TD passes for the Wolverines who led fourteen six midway through the fourth quarter I'm the ferry
U.S. Wholesale Inflation Rose a Record 8.6 Percent Over the Past Year
"Remember the narrative about inflation when we first started when we first started to see prices creeping up What was the narrative first Jim Inflation's not real you're conservative media hosts You're all a bunch of bad things It's all nonsense And then the narrative was as prices started to become more widespread and their increases became noticeable All right there may be inflation but it's really not that big of a deal And then the third narrative was okay it's a big deal now inflation but don't worry it's transitory It'll go away And now that the numbers came out annualized inflation up 8.6% a number we haven't seen in decades now all of a sudden the new narrative is not only these inflation not transitory not only is it likely here to stay for a while but don't worry it's actually a good thing Come on they didn't do that No they did Here is an actual headline by MSNBC James saros wiki forgive me if I'm saying your name wrong it's not intentional How COVID became the unlikely hero of our inflation crisis And the sub had line makes you really wanna laugh where they play it down and insist don't worry This is a good thing inflation because the government printed a lot of money and gave it to people to spend So it doesn't really matter that you have nothing to buy and there's a supply chain crisis What matters is you have a lot of paper in digital money to spend on things you can't actually buy That's what matters That's an actual piece in MSNBC by the way Now for people who don't think inflation is a problem in that just printing people are printing four people money and giving it to them even though they can't buy products because we don't have them And don't understand how the productivity side of an economy is the important side Right folks it's not the demand side You can demand whatever you want Tom Hanks and Wilson and cast away when they get caught on that island by themselves demanded a lot They probably demand that a steak dinner They probably demanded access to a movie library The man that access to their old favorite songs but Tom Hanks was caught on an island where he had a lot of FedEx boxes full of a lot of stuff he couldn't use and he didn't demand So he had a lot of things he could trade but he had nobody to trade them with because no one was producing anything he demanded Having a bunch of money to go out and buy stuff that doesn't exist is
Ovechkin ties Hull for 4th all-time; Caps down Sabres 5-3
"Our service can scored his seven hundred forty first career goal and set up two others as the capital's defeated the Sabres five three of that can tide Brad hall for fourth on the all time goals list it's nice to be in that company you know it's a pretty big numbers so we just move on obviously it's it's nice to be tied back to the hospital also a couple games left Tom Wilson added two goals and Evgeny Kuznetsov contributed his ninth tenth eleventh assist for the caps karmic Michael and John Carlson also scored and VTech vantage check made twenty saves for the capitals Cody Eakin Anders Bjork and Colin Miller scored for the sabers who suffered a fifth consecutive defeat I'm Dave Ferrie
The Similarities Between Terry McAuliffe and Horace Mann
"I don't know about you, but I like talking to John's mirror. And I was talking to him was a yesterday about John Dewey, Horace Mann, about education about what mcauliffe said before he went down in flames and John, I thought, let's keep talking about that because we had ten minutes here. And I said, this is actually so important. And that's why when he said what he said that parents shouldn't have the right to interfere in what the teachers teach I just thought that is one of the wildest statements I've ever heard. The idea that an adult running for office could say such a thing or even things such a thing, again, call me naive, but I was absolutely astonished. Well, it was a great moment of candor. Terry mcauliffe said in a debate, parents should not be telling teachers what to teach in schools. We have experts for that. That was very candid. And as I said last time, Horace Mann, the founder of mass compulsory public education in America, Horace Mann, school for teachers is associated with Columbia University. I remember seeing it when it would get off to Trevor bridge. He was a Unitarian. He kept that kind of quiet. He was a social gospel reformer, and he thought it was the job of public schools to save children from their parents. You had all these fundamentalist Christians who believed in the Bible. You had all these Catholic immigrants getting off the boat like my ancestors. And they had all these reactionary views. They were not on board with modern science with progressive ideas with eugenics with all the things that the progressive movement had in mind. A massive federal government managing the country from the top down as experts basically peeling away the old constitution. Woodrow Wilson, before he ran for president, wrote a book about how the constitution was this archaic obsolete rickety 18th century mechanism we needed clear it out of the way so that we could run the government according to the dictates of modern science. And by modern science, they meant Charles
Sudan activists reject power-sharing, call for strikes
"Since the October twenty five crew in sit down the international community has xcelerated mediation efforts to find a way out of the crisis which threatens to further destabilize the already restive horn of Africa region the takeover has upended the country's fragile plan to transition to democracy rule more than two years off to a popular uprising forced the removal of long time autocrat a lot of the Shia and his Islamist government now the Sudanese professionals association which led the uprising against al Bashir says that the mediation initiatives which seek a new settlement between the military and civilian leaders would reproduce and Wilson the country's crisis the SBA vows to continue protesting until a full civilian government is established to lead the transition I'm Charles de Ledesma
GOP state officials push back on employer vaccine mandate
"Dozens of lawsuits are already being filed against president Biden's upcoming mandate that larger employers require employees to be vaccinated against Kobe nineteen or face weekly testing attorneys general for about a dozen GOP led states have announced that they will work to block the labor rule from taking effect January fourth south Carolina's Alan Wilson called it garbage and unconstitutional North Carolina senator Richard Burr spoke out against mandates back away from mandates and instead use your platforms to educate encourage informed the daily wire a conservative media company has filed a challenge already in federal court as did companies in Michigan and Ohio but the Biden administration is voicing confidence it does have the right through OSHA to enforce workplace safety rules Jackie Quinn Washington
Jones tosses 2 TDs, Patriots roll 54-13 as Jets lose Wilson
"The patriots in Georgia fifty four thirteen laugher over the jets rookie Mack Jones threw two touchdown passes in his first three hundred yard game that's what we want to do and I think we got a little flavor of if we do everything right throughout the week in practice well and do our job in the game the kind of translates over and you just play together as a unit Damien Harris and J. J. Taylor ran for two TV's each to help New England earned its twelfth straight victory and six consecutive season sweep over the one in five jets Jones finished twenty four of thirty six for three hundred seven yards and Harris rushed fourteen times for one hundred six yards for the three and four patriots the jets played most of the game without rookie quarterback Zach Wilson who suffered a knee injury two and a half minutes into the second quarter I'm the ferry
Charlie Kirk and Professor Ben Burgis Debate Medicare For All
"So you want Medicare for All. Yeah. Yet HHS is the largest civilian branch of our government. So as we have expanded Medicare as we've expanded Medicaid, it hasn't been means tested as you want. We have hundreds of thousands of desk workers that are doing the means testing. Are you qualified Medicare reimbursements? And so under your example idealistic the point is that Medicaid is a test can not have a generous social program without a massive bureaucratic and dare I say corrupt administrative state. Well, I think Woodrow Wilson would even say that. Well, you need the industry. You think I like Woodrow Wilson? The guy who probably got college professors. Well, okay. And a college president. So he's kind of in your truck world. Okay, trust me, neither of those things weren't any points for me. But I think that. That's fair. But I did Woodrow Wilson as the guy who resegregated the federal law at the federal bureaucracy after trust me. Integrated speech. Dabs in jail, nobody on the left is going to say Woodrow Wilson is a hero. Liberals. Nobody on the left. But I was just going to say I know plenty of people that would, but that's fine. I don't think you're going to find a lot of LBJ. All these people believed in a strong administration. Well, maybe you're rattled off a bunch of liberals, but that's okay. We don't need to argue about historical figures. Let's just say this. If you're talking about administrative state, bureaucracy. Well, your example is Medicaid, which is a means tested program. And even at that, even despite the means testing, which is the part that gives the bureaucrats their power, which is also the part of objected to, even despite that, we're talking about bureaucracies as I think you mentioned earlier, bureaucracy, the government has no monopoly of bureaucracy as plenty of bureaucracies in the private sector. And if you want to know which programs have the smallest overhead, right? Even Medicaid, even despite the needs tested, Medicaid, Medicare, all of those have much smaller administrative overhead that any of the private insurance companies because the private insurance companies one, they have to plan out their strategy for competing with each other. And two, the private insurance companies have a vast bureaucracy that is dedicated to finding ways to deny people's claims because they've always got one eye on the bottom line for
Haiti gang leader threatens to kill kidnapped missionaries
"Hi Mike Rossi a reporting a Haitian gang leader threatens to kill kidnapped missionaries the leader of the Haitian gang is threatening to kill seventeen members of a kidnapped missionary group if he doesn't get what he's asking for the video posted on social media shows Wilson Joseph saying he will put a bullet in the heads of these Americans Joseph also threatened Haiti's prime minister and Haiti's national police chief as he spoke in front of open coffins but apparently held several members of his gang who were recently killed Thursday afternoon it was announced Leon Charles has resigned as head of the national police sixteen Americans and one Canadian were abducted along with their Haitian driver police said earlier this week the gang is demanding one million dollars per person hi
"wilson" Discussed on Life is Short with Justin Long
"Was really fun. Just thankfully okay really. Thank you. Rain much left. You all bye-bye That that's pretty good. Well that just happened. Yes it's very there's something Am i might be a little bit Doing like wall sean yet. Why am i doing that. Yes it's a little Well it sort like this isn't it isn't a little bit here. Well that happened well that night maybe not as deep well. That just happened anyway. I can't do a rain wilson impression. I that's what i've just discovered or if anyone does a rain wilson impression cadence. He has a specific cadence really at any not not totally unique but he hits words. He's very chris he's chris little. There's a little bit of a a overnight vulcan energy. Yes yes well. Maybe that's why his first roy white say he made fun of him. He's like rain. Wilson playing an alien. It's like a no brainer. Yeah yeah and he. It's funny because he's an interesting combination of when he said he was dungeons and dragons in high. School is obviously no surprise because he has a bit of that and he's certainly got that aesthetic kid. We wouldn't be surprised to see him in the dungeons and dragons but he's also so There's something so hip and I said i now find. I think of cool in different terms now. I like to find it differently than i did. When i was in high school. I should hope so. Yeah quite quite different. Also society defines it differently from when we were kids that's true. He said he was a nerd before it was cool to be a nerd et cetera. Cool to be an to the point. Where you guys talk about people who definitely weren't nerds back then refer to themselves as having been a nerd at a certain time their lives because it makes them more impressive sound well. It reminded me of how you often call me out for claiming to be a nerd myself when he was talking about that I started thinking about my own high school experience and it brought me back to the reality of my experience which was probably quite different than rains and it made me a little sheepish. About claiming a similar brand of nerds them. Yes he claims. Yes you know because i think he had. I think he was much more of a true nerve than i guess. I know he was to some extent. It's all a bit relative in that. I would say let's say Megan fox. i'm trying to think of some like cool pretty actress you know. She's a nerd really. Oh now is it. Just legacy someone like What's a better zoe..
"wilson" Discussed on Conan O’Brien Needs A Friend
"It's it's just like you. It takes no money at just like you get a newspaper. You dislike cut things out you know. Just like all the So like all the material was just is just always there on the street and you just need to know how to arrange it and interpret it. But i mean i hope it's inspiring for like other people who like are like you know feel like some kind of like they don't have the money to do something like the the resources just. It's so easy you don't have to do this exact same thing. But it's like. I had ambitions early on like when i was younger to make these big bloated movies that involve like big crews and stuff like that and you know all these fictional elements and stuff but like this just felt the most honest and you know like it. Just something i could just reliably do like without any buddies help really were and that means no interference to yeah not to say that. Like with with the show now. I have like this unbelievably talented group of people. That like helped me like that. Part of it editors now i have a whole. There's a whole apparatus around it. That like i basically had to teach everyone to kind of see things in a certain way or cut things in a certain way and they're all just amazing. I think it'd be. It just occurred to me when you were talking about how you used to have ambitions to do sort of a big fiction movie that it would be hilarious in. I would love to see if they gave you the next fast and furious movie. Tau f- ten. Yeah they're just doing hockey's now. Yeah yeah because. I got fascinated a couple of years ago with the fast and furious movies. And how insane they are mostly how they They seem to not. No one has understands how physics works and those. I know. That's not the point but i just recently took my son to see f nine. It's the finest movie i've ever seen. What do you mean. They're absolutely off the wall bananas and things happen that you just can't believe happen and you can't believe everyone's just watching this happen and and so it's kind of like my show it is and what i thought it'd be really great if because you've got this heat. Now of of how john wilson. He's this incredible tour In the past what happens is when someone gets some heat is director. They give them a big movie like this. If you shot your version of fast and furious ten and you were standing around with vin diesel and all those stars and you're saying guys we just have to wait to see what happens. And i'm going to go and i'm gonna shoot rat eating a piece of baloney in the corner. I would just tell them right. I mean dream van. If you're listening. I yeah i would just tell them to make fast ten as they were going to and then i would just yeah i would just document it. And then we would trash all the footage that they shot they would get fifteen maserati and they would be having them all climbing up the eiffel tower and it's a stunt racing the eiffel tower the top to defuse a bomb. And it's a stunt that costs well over six hundred million dollars and just as it begins your camera would drift over to the side and pushed in and you would see a decaying eclair stepped on in the mud and you would hold on background but here this amazing we miss all the pirates man. It's summertime. I love summer. I due to some brings us great moments when you kick back around like a campfire. You grab a few co beers you and your buddies make one of those backyard firepit. S- yeah you do that on a camping trip and you sit around with your buddies and you talk about you know how your day and the canoe went how your game of capture the flag you talk it all down That's an interesting camp. You go to yeah. Seems like children's can while playing children's games i never. I'm pretty much frozen at thirteen years. Yeah you sit there and then you got all scared about a ghost and then you wet your weight your car..
"wilson" Discussed on James Wilson Institute Podcast
"Of course, there are. It can happen you can. It's not impossible. It just has to be undertaken. Needs Age say this to you. because. That's what you are doing in the invaluable priceless work of the Champs. Will Institute. And I couldn't I don't think you could have found. A better founder. For the name of your institute because. Of the strength of James Wilson's thinking in natural law, he was such a classical natural law thinker. If you could get all the federal judges. and. Supreme. Court judges. Lock them up and say you're not leaving the building until you've read. James. Wilson. So actress on law. You might save the Republic. At or at the very end or at the very least you restore the. Proper recognition for how James Wilson's thinking inform the founding really really was sort of the the the founder that all the other founders would. Rightly named as as one of the most significant influences and yet. You can. You can ask a school child than a almost certainly almost none of them would have would named James Wilson unless they'd seen the seventeen, seventy, six musical, but we're doing our part. Rewarded his good name in his in his influence. Well for our listeners. Again, the book is. On trial a defense of the founding. We are just so happy to have had Robert. Riley on with us today. The book is available in bookstores nationwide. On, Amazon Barnes and noble. Or from its publisher. And again we can't. Thank. Thank you Bob. Enough on this was a real treat and yet really a highly encourage our listeners to pick up a copy and to grapple with it's. Just, myriad myriad. Pages of of ideas, it's really a tour de force and a romp through a centuries of a thought leading to the present. So thank you again. Bob. And We hope we can have you gone again with US sometime. During an Hutton John Thank you very much..
"wilson" Discussed on James Wilson Institute Podcast
"Right, liberalism is rooted in a lock in idea in of subjective liberty and so deneen in his book wishful thinking Sorry beyond wishful thinking says. They're liberal logic making protection of sovereign choice and individual appetite. The main object of government leads with nearly inexorable certainty to outcome such as that we now witnessed today I my question to you is. Deneen seems to have a truncated view of the founding more in line with what I think a lot of critics of what we would call conservatism INC, or conservatism writ large have articulated lately, which is that. Conservatism seeks to preserve Sort of set of. Procedural Commitments for opening query that any kind of value judgment on the terms of the choices that either individuals or institutions make runs contrary to what the American founders sought to establish. y'All, well, as you know the case that is the name enhances case is premised on a lock being just. A. Smiley. Face version of Thomas hops. They subscribe to Leo. Strauss's view. Of S teric. Lock. Or. The founders did not. Read Lock in as an esoteric way. Lock in Iran read in. A variety of ways as James Wilson himself pointed out. The lack was open to abuse. But the real contention is that The lock is really hobbs. And that therefore. The American founding. Is Hobson and dineen makes this explicit when he does a option analysis or an analysis of the declaration of independence. As Hobson. Excuse me. Now to to prove this case, I, think both of them would need to show. that. The founding contains within itself. An elevation of the will. Presuppose to nothing but itself. now. Dean statement what you read. Is. is not objectionable because if you begin with. The supremacy of the will. presupposed two to nothing but itself you you in locked and up. with the consequences that he described. Indonesia's a very good critic of Maternity. Describing the nature of maternity and I can see why he does it because We are developing in the United States into a Hobson state. Now. deneen thinks. That that's happening because of our founding principles. And I And you and Hadley Will Tae. It's happening. Against our founding principles. But I was required is a denial of the founding principles. For this development to take place. and I think that's what's the struggle is over you know. In the end of my book. I have a short epilogue. Trying to suggest answer to the question if it's not the founding 's fall twos fault is. Right and we hope we can get to that as well because I think. Persuasive your account. I just you know take to cut the chase I'm just going to we can. We can go into that. If you wish later but. I quote a Barack Obama in his book, the audacity of Hope, and here's what the president said quote. Implicit. In the, constitutions structure. In. The very idea of ordered liberty was a rejection of absolute truth..
"wilson" Discussed on James Wilson Institute Podcast
"Really not an examination of the grounds, the principles that that were trying to conserve here. Of course had James Wilson Institute we're focused on the law but more broadly the indictment of a conservatism that doesn't actually a have a coherent account of the American founding and then be if it even seeks to exist preserve the American founding or just seeks to preserve tradition writ large. I think that. That you Anne Hadley. arcus make an invaluable contribution in your critique. Of what I would call conservative legal positive as. Yeah. Yeah. That's all it seems to me to be. Because they don't refer to the fundamental principles. That law is the rule of reason. and. It's not a just a procedure. and when there is a conflict in the law, it is reason that rules. Now, what do we mean by reason, we mean the laws of nature and nature's God which the country is founded. And if you don't have reference. To that primary foundational source. You will get lost just the way gorsuch got so lost. Its it it it is unhinged. In the book I I talk about Hakim's influence a particularly. As manifested in Martin Luther in. The parts of Germany that became Lutheran. That they were the grounds or the areas in which legal positive ISM was developed. and. It's hardly string it was a logical development. that. The idea of a volunteers God would eventuate in legal positive Azam. And that law should be seen as simply the product of the will. And it doesn't mean it doesn't matter whether it's the will of one or the will of many. That's what lobby comes. Instead of the rule of reason, it's the role of will. And unfortunately. It both sides in the supreme, court cases seemed to be afflicted with this. Mistaken view. lost. laws the rule of reason. Yeah I think I think that's that's that's right. So Deneen and Handy.
"wilson" Discussed on James Wilson Institute Podcast
"And. The answer unanimously was the ladder. God does not directly appoint rollers. He invests sovereignty and the people who then convey that authority to apprentice or to a king on condition. That the Prince or ruler. Observes, the covenant. That is the condition of the people having conveyed its authority to him. there. Therefore. Set again and again in the Middle Ages if the king becomes a tyrant. The people have a right to revolution and to replace him. It's all there. Also you mentioned those. One flex relation of the medieval roots of a lot of the. Ideas that we see in the founding. Nonetheless, though it seems somewhat new to look at it this way so a person may be casually knowledgeable on the founding would probably not related. or The I thought wouldn't beats related with acquaintance or Hooker Suarez Abella mean like you do in your book Why not look you know more to the conventional sources like lock or Cooker Blackstone for inspiration. Or like white why do people? Why? How have those who disgusted founding so often? Just missed this kind of medieval. Inspiration or Petrie dish in leading to it. Well. That's simply because they don't follow the lineage of the ideas are back to their origin. How where did, where did lock get his material? You know I mean lock will as you know the person whom walk. Quoted most often was Richard Hooker. Richard Hooker get his ideas. hookers not shy about. His sources in Aristotle and Thomas Aquinas. You know I'm not saying that. We can discuss later what what's different in Locke because Locke has not Aristoteles issue. No. But. The in the American founding itself. The quote Omnibus Tonga's principle is quoted. As you would know at the James. Wilson Institute, James Wilson quotes it in his lectures on law. Absolutely, he finds the Medieval source and also you know that Richard Hooker. Is a hero to James Wilson and he he loves the thinking. Of Richard Hooker. And What I think. It's the letter from the farmer in Pennsylvania. He quotes Code Domino's tangent. So the bright the tax as no taxation without representation didn't come out of nowhere. It certainly didn't come. It wasn't locks idea. It's an ancient idea. and. They've the founding generation was was calling from appealing to their ancient rights well. How ancient were there? I tried to answer that and also as you know. I think this is necessary. particularly. In consideration of. Those critics who said that the founding was an exclusively enlightenment product. and which leaves the founding vulnerable to the charges from Handy Deneen. Because well, there's a problem they take the enlightenment as a homogeneous thing. And therefore, they take it at the most radical expression. Of The enlightenment and how they Undermine the legitimacy of the American founding. What I try to show in my book is all these ideas. Predate the enlightenment. And the the enlightenment expression of them..
"wilson" Discussed on James Wilson Institute Podcast
"Hello and welcome to the James Wilson podcast I'm your host Garrett's networker. Joining us today is Abigail Schreier She is the author of a new book. Irreversible damage, the transgender cray seducing our daughters from publishing. Abigail is a trained lawyer and frequent contributor to the Wall Street Journal. She holds an B from Columbia. She received your Kellet Fellowship to study at Oxford where she took a beef ill. She earned her J. D from Yale Law and then served as a law clerk to judge judith, Rogers on the US Court of Appeals for the DC circuit. She lives in southern California with her husband and their children. Also with us on today's podcast will be Spencer. Reeves one of our interns at the James Wilson Institute. Spencer, why don't you get US started? Thanks so much Garrett, and thank you Abigail for taking the time to be here with us today. Garrett and I've already had the opportunity to read your wonderful book, but for our audience who haven't had the chance to read it. Would you mind taking a few minutes? Tell them what your book is about. Sure. So in the last decade, the incidence of gender, dis, Fauria or extreme discomfort in one's biological sex has exploded across the West including the United. States and there are three things that make us think that this is not normal or typical gender dysphoric, first of all the onset has totally shifted from preschool age boys to suddenly teenage girls with no history of gender, dis, Fauria and the sex ratio. Ratio has flipped from young boys to all of a sudden teenage girls. They are the predominant demographic, and the prevalence has gone up by thousands of for percent, so my book is an exploration of a medical mystery why all of a sudden are is the dominant demographic of for Gender Dis of suffering in their biological sex, identifying as transgender asking for hormones and surgeries. Why is it teenage girls with? No history of gender dysphoric it all. Advocate this Garrett one of the major distinctions. Your book.
"wilson" Discussed on James Wilson Institute Podcast
"And and even with the self proclaimed principles of five, even while he was on moderate man of the lightning. Or right and I think one of the great strengths of is is his as her. Russian. And illustrating and body is constant connection between anti capitalism and Anti Semitism, an is an incontrovertibly proof, and there's a wonderful epigrams Bram at the beginning of the war by. The Indian Fatigue Babil and streaming wise on a rental sandwiches, Robert whispered pointing out at a great political religions of modern times, Nazism Communism Islam. Temple, for sure values, liberal democracy capitalism in a toxic in deminex mix. I think that's true. I'm going to add one controversial question Juliano's analysis. This stick it's part of the record. It is also true. That many a secular Jewish intellectuals who turned against the fate, their fathers. Turn to Messianic ideology. As an alternative. To Judy is. And how you know if you look at Belco regime in nineteen, seventeen or land, you had many again. Self loathing Jews. Of contempt for the faith of their fathers, but somehow I think they quite mistakenly saw. Communism or kind of messy annex socialism as of fulfillment of the ethical promises duties. Now, all of those regimes as Juliana poet champ happened very quickly these new. Stir your the triumphs on a poker Romania IUS Lonski in. In Czechoslovakia, the doctors spot of the Soviet all of those regimes very quickly turned against the Jews, but it was but it's an incident question why those who rejected Jewish face a religion. Some perfectly content with a liberal moderation and A defensive of Freud for example was a man of decent politics. You know by but why? Some of them turned a political fanaticism in place of Judaism. It's a it's a question. I like to hear Ju to. Answer to it. Structure Analysis on the connection factual connection between Anti Semitism. Anti Topos of I sleep is. Absolutely, correct Juliana analyses of. I'm going to quote Heller. Russell French, Fowler you. them power or analysis of Utopian? Power is simply accurate. It is illustrated with the best vocations with the most judicious use of the appropriate facts. Time back to my students who think communism is a few multiplied. By the way Juliana. Has. Funds from Latin. who was a hater of the first order? Many quote Lenin a little bit. I said God's. Founded Robert Tucker's. Women have followed follozing. One of the most revealing tax, but never wrote was called. HOW ORGANIZED COMPETITION! Erode in January nineteen eighteen a few months after the Bolshevik Coil. It wasn't cool, not a revolution as Juliana and I know it. Revolution suggests that was a popular mass movement. Let they didn't go read. All the non-communist in the constituent assembly on January fifteen eighty. But run. It says toward south. It's ironic. How do we organize the competition well first of all? Old People are Democratic Socialist. Independent, lecturing Mr. Leaving Christians and Jews who merchants abortion watt increase. Our deal now. They are chancer resources they are. Horrible Olson's Bay all of the rhetoric of demonization. H. Goes through and through this essence. And so the plea conviction. Of Totalitarian genocide is. A comprehensive. Dehumanisation of real or imagined enemies of people, listening to this redder, no mercy to these enemies of the people enemies of socialism, the enemies of the talk boilers warheads. With the rich and hangers on the Orejuela intellectuals war on the roads, the idlers and the hooligans, and that's moderate rhetoric, can you? Now near the end of the peace. Levin says That we need. Experiments in. With enemies of the P.. A thousand forms. Thousands of practical forms of birds of a county in controlling the rich robes, the idlers and the enemy to the people, so he says you why you capital issue to talk about. ITCHY competition I'll give you variety. He says that's GonNa be it's GonNa be the guarantee of talented hugh. And Competition in achieving the sting bow, common eight, and these words are Shimmer. To cleanse some. Of Russia of all armful insects of Crook Fleas and bedbugs, the rich and so on and so. And he goes on instead as in some places will send them to camps, and others will have the clean toilets at another one. One at of every checks will be shot. Outside Slam Lennon at the beginning of the revolution. Where the vast majority of the Russian nation Russian people's for the peasantry of the intellectuals, the Church, or not on board with the Bolshevik product. They were all demonize. And the single tried checked became. Urging rush up of all harmful insects. Landon January nine, thousand, nine hundred, and you can find by the way. I, don't know Juliana Juliana. You mentioned your she. Jack or any of those oceanliner has to defend communists today, but. She. Has Written a defensive land. He wrote a book called in defense of loss causes aloft. Horses include robespierre ninety three landon in seventeen. heidegger thirty. Three somehow hide it ver. It was taken in by Nazism, but that's okay. Because Nazism is monstrous isn't was was to anti Joie at anti-capitalist. And Mount, ship, Tong by the French, Stalinist, acclaimed intellectual as written a critical commentaries on mouse discourses from the Cultural Revolution. Treats them white..
"wilson" Discussed on James Wilson Institute Podcast
"And even I know it sounds silly, but like you type section to thirty into twitter, you might find other voices who are who are giving some really unique insight What one author I really love on this is Charles Cook. He's done at national review. He's done a lot of work that I agree with audit and he's made some hard points that I think are right, so they're so but I think that those would be. Those should be more than enough. Well in the spirit of Leroy, Jenkins Shoshana Weisman and John Schlepping. Thank you so much for joining us today. This was a real treat and I think our friends listener gonNA feel like they more fully understand the stakes of the issue and the underlying concerns that the folks on the right have about reform to thirty we are absolutely on our website will make sure that we linked to as many of those A. B., says that China John discussed that you can read more of their work and definitely be sure to follow both of them on twitter They're both excellent. Presences are now just following this debate and plenty of the other issues of the day, and We were just grateful to call them both friends so. Again John Shannon. Thank you so much. Thanks so much for having us. This program has been brought to you by the James Wilson Institute on Natural Rights in the American founding. If you'd like to learn more about the James Wilson Institute please visit James Wilson Institute Dot Org. Thanks for listening..
"wilson" Discussed on James Wilson Institute Podcast
"I'm your host Garrett's NASCAR. Today we'll be chatting about a topic. Roiling conservative legal and policy spheres section to thirty of the Communications Decency Act of Nineteen ninety-six. Section to thirty reads no provider or user of an interactive. Computer Service shall be treated as the publisher or speaker of any information provided by another information content provider. Originally passed in the Internet's infancy, so that online intermediaries that hosted or republished speech would be protected against a range of laws that might otherwise be used to hold them legally responsible for what others say in do section to thirty now has critics that argue it's time to revisit and take a second look at the law. We're pleased to host to writers and thinkers engaged in the debate over section two thirty. There are also friends of ours for several years. James Walston Institute. I John Schwanke is the director of policy and government affairs for the American principles project in this role, he develops and advances, the organizations legislative priorities by working with allied groups and with federal and state lawmakers. John was named the Lincoln Fellow at the Claremont Institute in Twenty Twenty. He has been published at number of outlets including first things, the New York Post the federalist and the daily caller. He is a graduate of Augusta College. Next Shoshana Weisman Shoshana is the senior manager of digital media and a fellow at the St Institute a Free Market think tank. She oversees our Asai Social Media, marketing and website while also working in writing on a variety of policy and regulatory subjects. She also likes spongebob. Finally joining us for this discussion, is Hassan Ahmad one of our semester insurance for James Wilson Institute. The Sun. Wasn't you get started, so she saw the first question is for you. Could you please clarify what does section two thirty actually say? For sure so before I. Answer just explain a little bit that my expertise comes from I since I managed to digital media for think, tank and I'm really into regulatory reform a few years ago as this became a bigger issue. I started getting into it more because it combines. My two loves social media and less regulation, so so that's where a lot of my perspective comes from it, and it's not an issue I ever intended or even wanted to get into, but it's one I've become really passionate about over the years, and it's because it basically says that platforms aren't liable for content. Put there by other people, and the reason that's important is because you know figure, facebook and twitter, just for example, because they're really big user platforms, other people post stuff I can..
"wilson" Discussed on James Wilson Institute Podcast
"Hello and welcome to the James Wilson. Podcast I'm your host Garrett's networker today. Were delighted to be speaking with Josh Hammer. Josh is a nationally syndicated columnist and is of counsel with First Liberty Institute a graduate of Duke University and the University of Chicago Law. School Josh's worked at Kirkland and Ellis and clerked for Judge James Host of the US Court of Appeals for the fifth circuit. A former John Marshall Fellow with the Claremont Institute Josh's also a law school campus speaker through the Federalist Society in a college campus speaker through the young America's foundation he's been published by National Review First Things Fortune. The New York Post The Los Angeles Times the American mind and other leading publications. He's also frequent podcast guest on blaze TV joining us for our podcast is Joe. Egg Layer one of our interns of James Wilson Institute Joe. Why don't you get US started? We'd like to start by discussing originalism and its discontents for decades. Originalism has been the organizing principle behind the federalist society. One might say for all lawyers who consider themselves conservative. Why in your estimate has originalism been such an effective organizing principle for the Wiegel right for decades? So it's obviously deeply important. Question made only more important obviously by Our aging for meals white provocative. I saw a couple of weeks ago that I'm sure we'll dive into shortly as well. I think as Professor Plum you'll hinted at Atlantic at say there's a lot of historical context of course that goes into the rise of originalism We need to look back to what the war in court was doing. In particular of course run late mid to late nineteen fifties all the way up through Late sixties and then of course leading up until Roe v Wade itself There was a there was a lot of a lot of scene creation of newfound constitutional rights Kind of Encapsulated by cases like Miranda versus Arizona which Emmys Ronald Reagan's Torney general famously has always said I think continues to say that he only had one case overturning. All you've actually be Miranda versus Arizona Obviously to Griswald and that Roe and kind of sexual abrasiveness degen dud substantive due process and all that doctrinal nonsense so the timeframe for the rise of of originalism. Which kind of you know is your identify in. Its early stages with folks like and meese Robert Bork. Antonin Scalia Perhaps Frank Easterbrook to Saudi lesser extent. it really was from a historical timing perspective seen as kind of almost a reactionary movement against the perceived excesses properly perceived. That would add an obviously of course in my opinion of the Warren Court. I'm so that was the political and historical context for it. But if you look back Joe To the writings of of the framers Hamilton and Madison like obviously who by and large the overwhelming majority of the federalist papers. John Jay wrote a number. But it's really mostly Madison Hamilton. The two of them were quite explicit in their writing that they also resorted to looking at the original meaning of the Constitution as it was intended by the drafters and understood by the ratifiers. And we the people at large as being the only meaning the the only proper method of interpreting that document so the methodological pedigree does go back to the beginning of the republic. I think the the jurisprudence is John Marshall and Joseph story in the nineteenth century. Carry on that tradition But it is the modern history and it's kind of resuscitation and it's Continued success really was historically grounded in this reaction to the excesses of the Warren Court. Just as a quick follow up Garett here. Do you think modern originalism strength comes from its The consensus that it That it has among conservative lawyers. Or does it derive more from its internal coherency. Though so there's definitely something of self reverberating effect pedals society. There have been numerous books over the past decade written on this just just how astoundingly successful the Federal Society has been institution within the within kind of broader orbit of conservative institution. America you know the the much-vaunted vast right wing conspiracy that a younger Hillary Clinton once once a shot at work I had been by any objective. Measure WanNa be most emphatically successful those itunes and I think today along with institutions like National Review Heritage Foundation etc. It really is kind of one of the true icons of the the broader The broader constellation within the American right. At least since the Cold War and Post William F. Buckley post-match murder era so there definitely is something of a of an effect where success not naturally sweet beat success but it is also just a wonderfully some simple theory it is a very very very simple straightforward proposition E I think this I think there's something to that was simplistic elegant nature of it. Does I think intuitively appeal to a lot of young law. Students Young Lawyers Young Law clerks. Practitioners prospective academics alike. And there's also a really neat analogy of course to the methodological method originalism to the common law contracts. I mean every first year law student takes the common law contracts doctrinal course in in contracts class. You learn that. The goal of interpreting a contract is to give legal effect to the intense of the parties to the contract now original intent so to speak has been largely supplanted by original public meaning. Originalism is kind of the go-to originals methodology within originalism itself but that analogy still should should should hold true for a lot of people. The Common Law crime tracks should I think naturally indicate that originalism is more intuitive for a lot of young law students than other forms of so-called living constitutional perhaps No I think I think that's right as a matter of Political appeal as well Ask yourself what's the easiest articulation of that? A politician might be able to give for. Why he or she Might support the constitution. And now if you're if you're trying to ask yourself as a as a politician especially for a non lawyer who's a politician What kind of account might make intuitive sense to you? Even as a non as a non specialist of the standard originalism line that we often hear the constitution means what it says has a lot more appeal than Trying to get into the nuances of what is the moral framework that supports the constitution. Would you agree as a purely simplistic matter each? Just much easier. I think for a lot of Let's let's recall. I mean you know in American higher education. I guess some colleges universities have something closing analogous to like a bachelor degree or a in major in pre law studies by the overwhelming majority of people who go to law. School did not major in something called pre law. I right I mean I. I've lost people science. Obviously home in undergraduate majors I myself is actually an economics major I. I actually worked for a boutique. Economic research firm for two years between college law school so for a lot of people. You kind of go into law. School not necessarily being lifelong inundated in the language of the law. So there is something to be said For just Wrote wrote simplism wrote wrote simplistic nature of of theory You know for people who grew up especially thanking Serb militias backgrounds or origin Kinda Day Or classical liberal. Jeffersonian Founding Era America theory. There obviously is GonNa be a lifelong Urinating a lifelong desire. Lifelong love of natural law tradition And that is going to appeal obviously to keep who enter law school. Who have those certain life experiences in those backgrounds but I don't think that's fascinating conversation but I don't. I don't think that background is necessarily mutually incompatible with a With a profound respect for original public meaning originalism either So I I do think this is GonNa be said for that though that people are coming into law school from all sorts of backgrounds all sorts of viewpoints They major in lots of different subjects. Originalism is a very very very simple straight or proposition. I I do think it has political appeal as well. Yeah so it was that kind of backdrop in which Adrian Mule wrote his essay beyond originalism. Envy Atlantic In margin which we certainly would encourage all of our listeners to read it. It was provocative but it had a good number of rendering that we have the genes. Vilson Institute would hope that any Constitutional lawyer would take into account as he or she interprets the document the moral foundations in particular from US willingness to engage those deeper foundations on was something that made us a particularly drawn to the ESA Even if it's Even if it's a ending perhaps Offered some Diagnoses OF OUR CONSTITUTIONAL. Order that we might not diagnose quite the same Josh you wrote a piece which hopefully will appear in the coming Days and weeks In which Joan our Very pleased to receive an advance copy of that was a very strong in Outlining mules central challenge. Can you perhaps give an account of that and give our listeners A preview of Your essay and any holes perhaps for mules argument. Sure now with with up to chat about that so you don't just will backdrop here. It's actually it's actually funny So Adrian. I had been firmly for a while mostly just from twitter. Although you know we have a ton of mutual friends he actually tied at my law school Alma Mater University of Chicago for a very long time so he actually was Himself a protest oil mentor of Sorts. To a lot of my friends and mentors so but we came from the I kind of Right right deal conservative twitter. I guess so to speak But we didn't meet in person until Disover MONTHS AGO ACTUALLY. It was early March. I I gave a talk at a Harvard Law School's Federal Society Chapter and then we got copy for like an hour and a half or so and he actually at that time told me that he was planning to write this piece for the Atlantic. Put It on my radar right then and then. He texted me when it came out. We've been in constant contact ever since so that's kind of the broader context And I and I do. Hope Peace Responding to Adrian's essay will be up by the time. This podcast comes out so I think there's a tendency on a lot of people. In kind of barrels -OCIETY originalist Judicial nomination space to just haughtily dismiss any e conservative challenge to Lower Keizo Orthodox doctrinaire originalist theory and we saw a lot of this I saw the day the Gary Unite Wrapping texting about this When when the essay launched there was just a lot of kind of snarky dialogue both on twitter and then both on the water essays space but Adrian's proposition to this year's proposition and I think it can only be understood within the broader context of the intellectual ferment. That's happening in the post twenty. Sixteen post trump Political rights more generally and just kind of to summarize how I see it I Donald Trump as kind of a wrecking ball of sorts who kind of came in and plowed over a lot of the pre existing consensus a lot of institutional icons of the broader ride Including Harley Limited to some of the ones we've already discussed I think took somewhat of a beating when someone of a set up such an unorthodox intellectual pedigree who said such unorthodox things from a Capital C. Conservative perspective was elected it while the president was a wrecking ball. He did not necessarily he didn't necessarily bring with him. You know a sixty. Five bullet points Powerpoint presentation as to what a coherent political philosophy. It looks like in that. Wake in the wake of kind of that. Rex SHATTERED CONSENSUS. There's been all these warring tribes and these and lots of vying factions trying to compete for. What the the so called conservative movements in on a political level. Of course the Republican Party itself should look like going forward and the reach t. I think last year in the Emily saw between his skirmishes between Sohrab Amari of the New York Post and David French of Tanya's national review now. He's at dispatch and the broader context that we saw playing out between so rob and David so rob was is kind of representing the so-called news which I think is a more moral list aggressively. Natural Law sent trick justice. Common good oriented pursuit of conservatism It's the line of conservatism that I probably personally identify with. I think it has a lengthy intellectual pedigree I I think I think the pedigree of English common law tradition of Burke and frankly of the American framers although that's certainly contestable propagation and so was going up against David French who was representing more of a truer classical liberal enlightenment. Centric procedural Byu Of our constitutional order in our political liberties understood more. Generally right now how that plays out in the in the confines of the constitutional debate is the originalists who originalism as a purely legal positivist proposition. Who View it purely along? The lines of a morally detached on application of holy neutral holy pluralistic legal norms. And this is a view of originalism most frequently associated with the likes of Robert bork Antonin Scalia And and folks like that would would kind of line up I think more readily in in in in David's cap whereas you know legal theorists in the riot including hardly limited of course to You know our friend Our friend highly I I think it would be more natural fit for Sora.
"wilson" Discussed on James Wilson Institute Podcast
"Hello and welcome to the James Wilson. Podcast I'm your host Garrett's networker today. We'll be joined. By Peter Wallison author of a new book titled Judicial Fortitude. The last chance to rein in the administrative state from encounter books. Mr Wallison is the Arthur F burns fellow in Financial Policy Studies. At the American Enterprise Institute. Previously he served as White House counsel in the Reagan Administration and then partner at the law firm of Gibson Dunne and Crutcher. He has written extensively on financial markets deregulation and the two thousand eight financial crisis most notably in his twenty fifteen book hidden in plain sight. He holds a b from Harvard College and a J D from Harvard law school. Joining me on the podcast as well is Sam. Lucas one of our interns for James Wilson Institute Sam. Why don't you start us off okay? Good Morning Mr Watson. Thanks for being here with us. I guess I'll start off. By simply asking why you decided to write this book judicial fortitude and looking at that phrase from Hamilton judicial fortitude from federal seventy What about those words struck? Uso relevant to us today. Why didn't you use something like legislative dereliction but instead focusing on the on the courts rather than Congress and just tell us about what your thoughts were behind that? I think the this whole thing began for me as I saw so many things that Congress was doing that was handing over to the administrated agencies are a lot of the authorities that seem to be the legislative authority of Congress and this began to puzzle me Why this was happening and it seemed to be happening much more. Since the new deal there was a lot of I'd change. That was occurring in the way Congress was behaving with respect to legislation. That seemed to me that it was going too far as I thought it through as I began to look at Various texts about but congress was doing and about the courts. I saw that what was actually happening. Here was that. Congress had stopped making the key legislative decisions that that the constitution requires after all article one of the constitution vests in Congress all of the legislative responsibility in the United States and as if Congress was handing that legislative responsibility over to administrative agencies. How was that going to be controlled and as I thought about it. There was nothing that you could do with Congress because this was something that was easing their burden And they had a lot of incentives then to continue to do it The president was not going to do anything to stop. This and the president is is Engaged in so many other things and anyway it gives the president innocence much more power so it was very unlikely the president would do anything and so I thought began to think that well. Maybe there was a reason for the courts to step in here and that of course opened up the whole question. Of what the court had been doing since the new deal To permit this to occur and as I looked into that it became clear that the courts had shied away from stepping in to more or less restore the separation of powers so that Congress would continue to only to make the laws and the president to enforce the laws Then I began to read the to go directly to your question about Alexander Hamilton. I began to read the federalist papers and I came across in seventy eight. Federal is seventy eight this statement by Alexander that seemed so perfect for what was beginning to develop in my mind as a as a theory for addressing this question and that is he said that the framers had given the members of the judiciary lifetime appointments so they would have the four Tude to step in and in effect discipline the other branches which were likely to be much more powerful because they were the elected branches. And I'd never seen this before but what said to me is that the courts have a responsibility that they have not been addressing. Certainly not since the new deal and really they haven't been addressing fully since the constitution was Fulton. That's interesting because you may get some pushback from other conservatives in this in that same federalist paper number seventy eight Hamilton also mentioned The courts intervening when there's irreconcilable variance between statutes and the constitution which is along the same lines. As probably his thought of his using the phrase judicial fortitude. Yeah they have to. They're the ones who have to intervene but classically conservative Vigo scholars might save. The judiciary should should be mindful of their role and exercise more restraint. So how do you? How do you answer other conservatives who might give you that that argument counterargument of judicial restraint absolutely but the judicial restraint idea it relates to what the courts do about policy? And the I this say when Scalia talked about judicial restraint what he meant was courts or frank even frankfurter with the beginning of this kind of structure and that is that the the courts should stay out of policy they should allow Congress to make these rules make the laws and not interject their own views policy. That's what you digital restraint meant but when you get to the structure of the Constitution. That's a completely different question. And that is what Hamilton was addressing in in federalist Seventy Eight. So I do cover this issue in the book because it is an obvious question that many conservatives would have what about this question of the courts stepping in what about judicial restraint and I say the courts should be restrained in what they do on questions of policy but that has very little to do in fact nothing to do in my view with what they do to sustain the structure of the Constitution the separation of powers. And that's what federal is seventy eight at least that language in federal is. Seventy eight was talking about Peter. Justice Thomas is one of the heroes of your of your book. Can you tell us little bit about the dedication that you offered to him? In which you quote his opinion in dot versus the Association of American Railroads in two thousand fifteen we have two long abrogated our duty to enforce the separation of powers and we have overseen and sanctioned the growth of an administrative system that finds no comfortable home in our constitutional order. Yes I thought that was a brilliant summation of the problem that I was seeing when I was watching what Congress doing. I should say that one of the areas that I have always been involved with at least it at the American Enterprise Institute inside left law practice in came here. Is this financial regulation and in watching what? Congress has done in financial regulation. It's a perfect example of Congress. Giving up to the administration a lot more power especially in the. Dodd Frank Act and so when I came across in my research now for the book I came across the statement by Justice Thomas. It was clear to me that he got this. He understood this in a way that the other members of the of the judiciary have not. Now maybe the others understood it But it also takes fortitude to step forward and saying it and what is interesting here. Is that that quote is gradually becoming the policy of I think of the Supreme Court and over the years. I might not be around to see them. See it but Over the years I the courts now will be get. The Supreme Court will begin to adopt this idea. That was first articulated fully by Justice Thomas who is one of my heroes when he when he wrote this in two thousand fifteen. It may have been present as you say. Do you think there was also a little bit of encouragement that he wanted to give to his colleagues on the court that might be considered a conservative to show them that indeed. This was a quite practicable position to take on the administrative state in its growth. Yeah I think I think he was doing that. He made many statements before that he'd had many currencies in which he would just say in a line or two Under other circumstances I might want to go beyond this. And and Insist on more aggressive position by the court. Those can currencies did not seem to have any effect on his brother justices. And so in this case where it was so obviously pertinent. He wrote out a complete statement. A much longer. Concurrence of which that is the key portion and I was very impressed by this. Because Justice Thomas Has has been a brave person on a number of fronts? And he is never in my judgment gotten the kind of credit that he deserves for being a leader in thinking on the court and when he when I came across that language in that particular case I thought I had to take this out and dedicate the book to that to Justice Thomas because he was saying exactly what I have thought is the problem and how the problem can be addressed. Okay WELL IN CHAPTER ONE MR BOSTON. You lay out some of the recent failures of the courts. To regulate agencies administrative agencies title nine of the Education Act The fair Housing Act Clean Air Act and the subsequently broad interpretations those agencies charged with enforcing them take. And you do write about this in your book. About how some might respond that. These agencies operate in this flexible way not to undermine the law but simply because they need some mechanism to respond to the ever increasing complexity of our society and our economy so much of the problem of Congress failing to legislate more specifically is a matter of their inability to deal with that complexity. And how much of it do you think is an abdication of their duty to well? I guess the question really is why do administrative agencies do what they do. Why are they going beyond what I think Congress actually authorized and yes? This society is more complex but we if we are in fact a democratic republic if in fact we are a representative republic. The laws have to be made by people who represent The the American public the administrative agencies cannot take this on themselves just because they see a problem that is not being addressed by Congress in fact if they do then we are on our way to a situation where we no longer have a democratic system. We will in the future if these laws are infinitely malleable by the administrative agencies. If these laws allow them as the courts have a to do many many things that Congress did not contemplate at the time the laws passed then in the future we will be a nation ruled by the officials of these administrative agencies who live all around Washington and don't really know anything about what the values and ideas and and concerns are of the American people throughout this huge country so in fact the first line of the book essentially says we will lose our democracy unless we can gain control of the agencies of the administrative state. And what I point out is that there's the stakes of this are very high because if we look for example at what has been happening in Great Britain with Brexit the the effort by many Britons to leave the European Union and what we see is that that is driven insubstantial part by the fact that they are. They found themselves living under rules that were being made in Brussels that go right into the laws of England and they feel they have no control over these rules.
"wilson" Discussed on James Wilson Institute Podcast
"Every time I go I can't help but see how more religious societies coming even on our own people who describe themselves as secular Jews. You see very clearly see. They're starting to Reimb- race religious practices that doing doing ceremonies that they don't quite understand but they under they want some sort of connection with they are and where they come from. You see more men wearing hammock. You See Places more places shutting down for sure about all of this is very consist. This is all held together with a society. That is very very more than in many respects. So I think you can see that. That's just example. I could probably quote others. But that's an example of society that was very sensitive mystic Atheism was seen as the position of the intellectual class. Well that's changing and it's changing faster. I think than most people realised so those are examples. I think that gave me Hook that a type of reintegration of reason and faith north beyond the West. It's not beyond us. Decline is always a choice and we don't have to all declined by simply letting reason faith one third or further away from each other. So your arguments meet sympathetic years on this podcast and it's really a pleasure as you kind of take the reader on a tour through centuries of Western literature but the Frank Reality persists that a lot of people in the West especially especially young people. Just haven't been exposed to the ideas that underlie the claims in your book. So if you can assign a required reading list for every person in America what three books would you include under less? Not Including of course reason faith in the struggle for Western civilization deeply unfair. Well there's there's any number of books Let me start For those people who are interested in exploring and understanding the tradition of natural law and who are prepared to take the time to think through these questions to ask questions about the nature of reason and how it relates to questions of human freedom to justice to the nature of society community and even the nature of bride's And it's tough but I'd recommend Jones finished his book. Natural Law and natural rights now slightly buys he was my is. He supervised mydeal of Oxford. But that book I think is very profound in explaining reasons potentialities powers and the loss check is about the case for God. And what's interesting? Is that the book. Says Look you don half to believe in God to accept all these claims about natural reason not to rights and natural law by the same thing you don't have to accept belief in God to adhere to claims of natural but natural order does tend to point you in that direction because it makes you ask questions about where this ultimate reason come from. So that's one text I think that and it's it deals with many of the modern objections. Right that we've talked about to to the nature to having a more than instrumental view of reason and having this Richard Conception of a reason that points in the direction truth the good and the beautiful. That's one thing second which I would suggest. And this is a very different and so some respect it's also hot book I would really recommend reading Adam. Smith's the wealth of nations. Why would I say that? The one and one reason is because it's a type of representations type of the high point Scottish in mind and it's important because it's a work of social signs and so work of social science that tries to understand reality through and empirical lands and that's very important because I think that we've lost saw off in many respects the nature of some science and the way in which the plying it can reveal many important things about the world that we had hitherto not paid attention to or had ignored so Smith's wealth of nations does reveal many things about the workings of Modern Commercial Societies. But people had sent before but had not really put then minds around and had not outlined to the systematic way. But it's a very important work of social sign that I think represents in many respects the it's the culmination if he liked the best of the Scottish enlightenment also represents one of the major moments all of the enlightenment project and this is something I think frankly a lot of religious believers should read and have an appreciation for to understand how these things these things what lost of all This is a much sought text. I'd really suggest reading Benedicta. Sixteenth Reagan's address. It's about three thousand eight hundred words long. It does not take very long to read and I would really recommend reading it first of all by itself. The way takes us through the trajectory of West history. How the West became the West? How how the integration of faith and reason started to break down but they're not recommend highly recommend reading it in conjunction with the common tree that was written by the late in the very great father. James Show it's a whole analysis operations address reasonably addressed and then re father Sol's country on the. It's it's extremely helpful for understanding what's happened to us where we've come from and how we can move back towards the type of integration of faith and reason that that benedict talked about at. Regensburg which I say is central for understanding. What's happened to the West and how we can put things to get on to say that it may be one of the last things work. But he wrote the dolphins and it's on the back cover as the Smith the two thousand lorries and economics very different men from different both Berry Devout Christian approaching things one from the standpoint of the social sciences from the standpoint of the team from also and yet many of their conclusions about the world and the relationship between faith and reason end up in the same place so natural or natural rights is One Book I would seriously just people read Adam. Smith's wealth of nations and the Reagan spoke with mass accompanied by Father Shelves Commentary. The book is reason. Faith and the struggle for Western civilization by Dr Samuel. Greg you can find it at fine booksellers nationwide and on Amazon. Thank you very much Sam for an enlightening conversation and we look forward to chatting with you again in the future sometime. Thanks for having me on. It's been a pleasure to be with you and I greatly commend the work of James Wilson sent to anyone. Who's listening you doing? Great great work. Thank you very much. Thank you. This program has been brought to you by the James Wilson Institute on Natural Rights in the American founding. If you'd like to learn more about the James Wilson Institute please visit James Wilson Institute Dot Org. Thanks for listening..
"wilson" Discussed on James Wilson Institute Podcast
"Hello and welcome to the James Wilson podcast. I'm Garrett Snicker we're pleased to be joined on the James Wilson podcast by Dr Samuel Greg. Dr Greg is research director at the active institute in Grand Rapids Michigan. He writes and speaks on questions of political economy economic history ethics in finance and Natural Law. He holds a D Phil in moral philosophy and political economy from the University of Oxford. He is the author of a new book reason. Faith the struggle for Western civilization from Gregory Gateway. Joining us for this podcast. Is Jake Rainier? One of our summer interns at the James Wilson Institute Jake. Why don't you start off so tell us your inspiration for writing the book? Why now and why? This topic was basically two reasons. One is promo time typing thinking about as the the bookstores. Has You know with a chapter about put then Zepa Sixteenth Regensburg address. And I've written about that in the past That's address came out. Of course many people thought it was primarily about Islam and some of the challenges that that usually radical Islamism presents for west. But if you read the text itself becomes very very clear that yes in one level. It's about Islam. But more fundamentally it's about us it's about us who live in this culture and civilization that we call the West and I think that speech was primarily directed to the West. It was directed to those of us who see ourselves as living within that particular tradition way of approaching the world. So that'd been germinating in my mind for a long time. And as time went on more and more looked at different different phenomena ranging from the emergence all season which is the absolutisation of the natural sciences. You find that much of the academy and much of the world But also in things like the religious character of some of the ideologies that are doing such damage to the West today. Whether it's different forms of Marxism whether it's a type of nihilism type of them. That's just beneath the surface. Many of the political philosophies we see floating on around us so that was a long time station. If you like this project nothing which I think was also important was the fact that I a few years ago. I was sitting in Israel of all places in a couple places lecturing to a group of very bright Jewish students about Adam Smith's wealth nations taking them through the books and I thought to myself. Well here I am sitting in the Middle East and yet this is indisputably a Western country. And so many it started the crystallized for me that the west goes far beyond geography. It's about a set of ideas on underneath. That set of ideas is this synthesis of reason in fe which I think is so central to understanding what the waste is what has happened to it and where it's come from so those were the two things the long term station but that's immediate reflections upon being in Israel other particular point of time thinking about how does this all fit into this tradition. Recall the West so those are the two things along long-term just station and then some immediate thinking sparked by being in a country that as I said it's definitely in the Middle East but it's definitely a Western country Yeah so you You make it clear in the preface to your book that the The book is Springing out of some essays that you've gone and some longer writings that you've done over the years But yet I the the framing device that you chose wasn't deed. Pope Benedict and two lectures that he gave You discuss a lecture in your final chapter that he gave before the German parliament. Twenty eleven. On how how did you conceive of the importance of both of these lectures today? Strike you as important when they were delivered or was it upon reflection that you found their Their significance and their use for you in your in your book. Well I suddenly understood the significance off these speeches when they were given there was something pretty remarkable for example about a German boone perk being.
"wilson" Discussed on James Wilson Institute Podcast
"And the custom when Marshall Becomes chief justice. Is that during these discussions. The justices may only have wine. If it's raining I assume that this was to cheer themselves. On Marshall's custom was to always ask one of his colleagues often associate justice story. You Know Brothers Story. We look out the window and tell us what the weather is. Story might say well. The Sun is going down and a clear sky marshal would say our jurisdiction is so vast by the law chances. It must be raining somewhere. The wine was served to the Marshall Court. This may explain the number of unanimous decision. I'm serious I'm serious about that. Because because there was this was a man who I mean except versus Jefferson. He really really liked almost everybody. Almost everybody liked him Justice story the first time he heard him as a lawyer. I love his laugh and I realize I've written a number of biographies. This is the first person who's a laugh was described. Wow did out in this whole like It's not that they lacked a sense of humor. But but this is the this is the first person I ever read the description of laugh and stories. I love his laugh. So that shows you you know what kind of a guy? He was one-on-one and that's how he ran his court. I mean he al- also. There was the power of his mind. There was the power of his legal reasoning. But but the first thing the sort of the first story of this personality is this this warmth this geniality this ability to get along with people and You know the expression herding cats. Well you know that that can be what what the Supreme Court is like or any any small group politics and Marshall had that ability. He had that gift and That that geniality that good fellowship was was a key part of it. Well Richard. You have an open invitation to join us at John Marshall. One time home in Washington. Dc The decor Bacon House. I've eighteenth and F- okay so you can enjoy some wine as Marshall perhaps enjoyed it With us in some other martial files okay. Great they'll take you up on that great. The book is John Marshall. The man who made the Supreme Court Richard Brooker joined us for a a wonderful interview. We encourage you to buy it All bookstores nationwide or on Amazon On the Internet Richard. Thank you so much for joining us. Thank you Garrett. Thanks for having me all right. This program has been brought to you by the James Wilson Institute on Natural Rights in the American founding. If you'd like to learn more about the James Wilson Institute please visit James Wilson Institute Dot Org. Thanks for listening..
"wilson" Discussed on James Wilson Institute Podcast
"Of a an account of the story and so two but to make this visit to the reader to me. I decided to for each one of these cases to go back however far that would be to catch the story at the beginning of it. And sometimes this not going back to colonial times The obvious examples Dartmouth Woodward and this is a case decided in eighteen nineteen. It's a fight over the governance of the college but The story begins Before the revolution when Dartmouth I gets its charter from George. The third and and the case will be decided based on the language of that charter and the structure that it set up at Marshall's decision that this this was a contract and therefore Something that the constitution prevents the states from impairing under Article One section ten. But but so I take it back to the very beginning and then carry the story up and similarly with you know with all the other cases the Cherokee cases where we have to start with what were the relations of the of the Cherokees With the United States Up to the point they get in legal trouble Gibbons Viagra and the steamboat case or or why did we have steamboats in the United States? Who invented them? When and how How did this monopoly? That's being challenged in the case got established in the first place and You know it it makes the story more queer. A lot of fun Sometimes they're real characters involved in these cases Some of the some of the back story is pretty jaw-dropping Fletcher versus pack cited by the Court and eighteen ten. This is This is a another contract case. Really the first important one and that begins begins the crooked land deal in the state of Georgia in seventeen ninety five. The state of Georgia is broke They sell thirty five million acres of land for a penny and a half an acre for land companies which were formed for the purpose of taking advantage of this sale and it turned out that every single member of the Georgia legislature that approved. This was bribed. The going rate for their vote was a thousand dollars and one guy took only six hundred dollars and he said well. I wasn't greedy. That's why they helped on my extra four hundred dollars. I mean it's it's it's it's entertaining you know and then you should be entertaining should I hope it does entertain the reader. But but these are also you know these. Are It also shows how porno these cases are because people? Don't go to court over nothing. You know. People would rather not do that most of them they go to court either because they really want something or they're really afraid of something you know. They're afraid of being cheated there or they're afraid of going to jail cases Aaron burr his treason trial. He would have been an act that you know if he'd lost that was the penalty for treason so he was fearful of his life and You know on the other hand people people want money Jefferson thought burner was a trader. He wanted him punished So so they're they're they're powerful motives On either side and I wanted to be able to capture not only the entertainment but the drama every one of these cases. Well we envisioned this conversation jumping around the book a little bit and I hope we get to talk about Some of those cases and the figures and the drama as well. But as this is the James Wilson Institute podcast and we have a nice robust constituency of lawyers judges and clerks judges among among them. We thought we would first focus on the most general question of how Marshall approached his role as a judge he approached it. I think I'll use the word conservative late. You know. Not Trying to invoke either side in in either current political debates or the political debates of his time. I mean this literally in the sense that as a judge you deal with cases. That's all you deal with. It was interesting to me before Marshall even get on the court in the decade or so that the Supreme Court existed before he got the job of chief justice there were several instances where the president or Congress s Supreme Court to do other things. You know asked for advice on Some PD question or asked to supervise tension. Requests of revolutionary war veterans. There were several instances. And then all those instances the court said now you know. We're not going to be Jack of all trades. Our job here is to be the Supreme Court for cases that arise before the federal judiciary. That's what we do. That's all we do at that informs marshalls behavior. He you know. He sits there with his colleagues five of them. At first and later they become sixth court increases from six to seven justices and they wait to see what lands and their laps. Now you know. They're not. They're not blindfolded here. They they are aware of what's happening in the legal universe. And they're certainly aware of the politics that that swirls around them but they he added they are there to decide cases now the the innovation that he's often credited with and this is in his. You know his first monumental case Marlboro versus Madison at eighteen now. Three this is the first time that the court strikes down. A portion of a law passed by Congress And this is Yeah this is rightly considered a landmark decision. I wonder if it isn't a little over emphasized because Marshall wasn't making the doctrine of judicial review out of whole cloth in eighteen. O three right. This is already a concept that people understood. It was already out there Alexander Hamilton had written about it and the last of the federalist papers where he covers the judiciary at the end of the series Marshall himself had spoken about it at the Virginia ratifying convention in the summer of seventeen eighty eight. He was one of the delegates to that convention which was going to approve or disapprove the key the new constitution for the state of Virginia. And he he was pro-constitution then he gives a speech one of the speeches. He gives us on the judiciary and in the course of that speech. He does expert on the principle of judicial review and There was even before Marshall even gets on the court the there was a case in the seventeen ninety s involving the constitutionality of a tax on carriages Now it turned out of the court decided to this tax was okay but they were certainly in a position. Since the question came up to go on the other way so the que- the constitutionality of a law had appeared. Ask a question before the court before Marshall even gets on the court so yes margarite is is. It is an important decision. It is First Time it's done and then it's very rarely done there after I mean the the most famous time it's done as dreads Scotney. Seven this is this is decades after Marshall is has died and a A A judge pointed to me after my book came out. There were a couple of cases with the Marshall Court decided in the eighteen twenties having to do with WHO owned It was either the shoreline or the islands and Mobile Bay. Was it still the federal government or was state of Alabama? This is after. It's become a state and the court There had been a law passed by Congress implying that the federal government could still dispose of these lamps and then the court set now. He can't do that. It's now state Alabama's now state therefore it has control over these lands so the point is there was another. There was another instance of the court. overruling a portion of a law passed by Congress much less famous or notorious and dread Scott but But my only point is. This wasn't happening a lot but It was a principal that was that was already understood and and Marbury famous. Because it's the first time it's actually made real. Yeah I see it as as twofold one. You Misunderstood more being twofold. Fold one as you articulate the misunderstanding that the case established judicial review merely articulated. How it was always They're in the constitution under our constitutional scheme but the second is this strange misunderstanding. That judicial review means judicial supremacy. And how when the court decides Case it is binding as a constitutional amendment is passed through the power and logic of the supremacy of the Supreme Court within our judicial system. If you can talk a little bit about why what why there exists that confusion well Certainly other branches Have have challenged that notion that you just articulated marshals on lifetime. Andrew Jackson.
"wilson" Discussed on James Wilson Institute Podcast
"Hello my name is Garrett's networker. Welcome to the James Wilson podcast. Today we're joined by Richard Brooke. Eiser Richard is the author of many biographies of the American founders. Most recently he has written a biography of the great chief justice. John Marshall the man who made the Supreme Court from Basic Books Richard. It's a pleasure to be speaking with you. I'm joined by one of our interns for the James Wilson Institute Josh Hero and were just overjoyed to be able to speak with you before we dive into our questions. We noted that in your acknowledgment section. You mentioned one of the close friends of our founder and director. Happy arcus as one of the influences that you're writing a book Michael Woman and so before we get into the book itself. We were hoping you can tell us a little more about how our DEA friend Michael was a helped you writing the book well. He was very helpful. He steered me towards The best the Marshall Scholarship I never even watched to law school so I was coming to this from the outside and that that's an obvious disadvantage. I think it's an advantage because it means that I am looking at everything crash and I have to make sure that I understand it myself. Which helps me in explaining it to most of my readers who are also going to becoming to it as non-lawyers on Kamla professors about But that means I need some helpful Indians to Just guide me through the Marshall. Scholarship and Michael Uelmen was was certainly very helpful. steered me towards The best box Marsha books out there which is one of the reasons I decided to do. He seemed to be relatively under done considering his importance. And there are excellent books on him. But it's not like someone who's been president for instance or war Benjamin Franklin or Alexander Hamilton. Even before the musical there there was just a lot more about all these guys and relatively little for the great chief justice so So that will seem like free field and Michael UELMEN was one of the Expert Helpers who gave me a map of that before I punched him excellent. I think your your book is very clearly written to an audience. That is familiar with Marshall. But you don't really take for granted the reader's knowledge. Would you be able to tell us a little bit about the narrative framing process that you employ in the book and why you specifically made decisions to focus on Marshall and his relationships and what is it exactly about his personal connections that served as a backdrop for discussing Marshall's understanding of law and politics overall? Well I thought to personal relationships which were most important to his public career were first his early contact and his almost boundless admiration for George Washington. And that's second his lifelong animosity with his second cousin. Once removed Thomas Jefferson which was returned in spades by Jefferson. Marshall volunteered at the age of nineteen for the Virginia militia. In seventeen seventy five this as soon as the news of of Lexington and concord it spread throughout the colony and then the following year. He joined the continental army and he was in free. Battles Washington demanded it Brandy Wine Germantown in the fall. Seventeen seventy seven monmouth courthouse. In the summer. Seventy eight and between Germantown and MONMOUTH. He was at the Winter Encampment Valley forge where Washington was also in command show. He saw the commander in chief and victory. He saw them defeat and he saw him in this very trying winter and his conclusions from these firsthand. Experiences was that Washington was the man who had guided us through the revolution. He was the man who saw through. Who who made it a success and he never forgot that it was imprinted upon him when Washington at the end of the war returns this commission. Congress in December. Seventeen eighty three Captain Marshall Rights as old school. Fellow James Monroe and he called Washington the greatest man on earth and that was an opinion he would never change and he would follow. Washington's lead throughout the rest of his life When when it becomes a question whether we need a new constitution in seventeen eighty seven? Eighty Eight He is one of the lesser followers of Washington pushing for the ratification of the new constitution. decade later WASHINGTON summons him to Mount Vernon to basically ordered him to run for Congress when our first two party system has already developed federalists of of Washington and Adams Hamilton versus the first Republican Party of Jefferson amount and again Marshall follows Washington. He is a federalist and he agrees After some persuading To RUN FOR CONGRESS. And He is the congressman who tells Congress a year later that Washington has died and he calls him first in war first in peace. I in the hearts of this country and this is an attitude that he would keep for the rest of his life. The only book ever rights as a five volume biography of Washington the policy preferences that he has as chief justice are those of the federalist. Party He believes In a federal government in which in crucial respects the federal government has supremacy over the state governments He believes in the Commercial Revolution The Hamilton Vision A lot of a lot of that. The hammel Tony and vision is sustained by Supreme Court decisions that Marshall Issues so this is the lifelong fact of his encounter with George Washington. Now the the other important man is his cousin. Thomas Jefferson and the animosity. The animosity begins in the Washington Administration when when Jefferson is Washington's secretary of State It it exists. Swin Jefferson is struggling with Hamilton over Hamilton's financial program. Jefferson is very skeptical of it He he is skeptical of it. On the merits he also thinks unconstitutional. They have such thing as a bank of the United States Hamilton argues brilliantly. That this is an implied power under the constitution and the reasoning that Marshall Himself Will Echo in eighteen nineteen when he decides McCall versus Maryland which relates to the second bank the United States. But what really turned him against his cousin is Jeffersons attitude to the French Revolution Like the other members of Jefferson's party Jefferson believes this isn't on alloyed. Good thing he never turned against the French Revolution. Even through the reign of terror. The only point at which he finally abandoned says faith and that is what Napoleon takes over but for that first decade of the French revolution from seventeen eighty nine To to the end of the century Jefferson Madison his Bernie. They are all in for the French revolution and they seem to Marshall to be as patriotic towards France as they are towards the United States. If not more so and this is Tha Marshall Unacceptable He believes that the Jefferson is lacking in proper patriotism. Any also feels he's been disloyal secretary of state president want because although he terry's out Washington's neutrality policy officially he's also trying to undermine on the side and These are unforgivable offensive to Marshall. Both because he's a patriot and kneels during the revolution and he is such an admire of Washington so after the seventeen ninety four him. Thomas Jefferson is permanently in his in his black letcher. There is no possibility that Jefferson can ever come back for him. So those were the you know. Those are the personal relationships that I Ramified through Marshall's life now the other the other structural decision I made I mean writing a biography is. There's something very easy about it because they all have a similar shape. I mean there's a person who's born and then he does stuff and he dies right the structure you don't you don't get away from it. But the the one modification for this particular book is that in Marshall's most important career which is chief justice. This is the last More than a third of his life thirty four years from eighteen eighteen thirty five where he is chief justice that careers memorable largely because of a number of landmark decisions that he hands out and that his court agrees with so these cases are very important and each one of them. I realized is a short story They only come to the Supreme Court at the end of their course. That's when they've you know who the parties have been fighting about. Whatever it is they go to court. It comes through the lower courts finally at arrives at the Supreme Court and the Marshall Court decides what it decides bad and the justices are interested in that they are interested in the arguments that are presented to them. Now of course there's also politics swirling around a Lotta these cases. They're also aware of that but they come in at the climax.