Podcast Summary: The 47 Morning Update with Ben Ferguson Episode: Is a Hotdog a Sandwich? ft. Senator Mike Lee Release Date: June 23, 2020

In this engaging episode of The 47 Morning Update with Ben Ferguson, host Ben Ferguson delves into a multifaceted discussion with Senator Mike Lee and guest Senator Ted Cruz. The conversation traverses the intricacies of Senate procedures, the state of the judiciary, personal anecdotes from the senators' backgrounds, contemporary legal issues, and concludes with the lighthearted question: "Is a hotdog a sandwich?"

1. Senate Procedures and the Need for Amendments

Discussion on Senate Lunch Dynamics: The episode opens with a candid conversation about the informal but crucial Senate lunches where Republican senators gather to discuss legislative strategies. Senator Cruz highlights the importance of allowing each senator to introduce amendments and engage in unlimited debate, emphasizing that the current restrictive practices undermine the Senate's foundational role.

• Senator Ted Cruz [01:18]: "When we bring up a piece of legislation... every member is supposed to have access to unlimited debate and unlimited opportunities to introduce amendments."

Critique of Current Legislative Practices: Senator Mike Lee critiques the elimination of the amendment process by both Democratic leader Harry Reid and Republican leader Mitch McConnell, arguing that it leads to a binary voting system that doesn't reflect the diverse opinions of constituents.

• Senator Mike Lee [02:50]: "The way the Senate was formed is such that every member is supposed to have access to unlimited debate and unlimited opportunities to introduce amendments. It hasn't been working like that lately."

2. Personal Relationships and Backgrounds

Forming Alliances in the Senate: The conversation shifts to the personal relationship between Senators Cruz and Lee, highlighting their shared backgrounds as Supreme Court clerks and their alignment on constitutional conservatism.

• Senator Ted Cruz [06:37]: "We went on a walk around the Capitol grounds, talking about every conceivable legal, political, and constitutional issue for the next two hours."

Family Histories and Personal Anecdotes: Senator Cruz shares personal stories about his family's history, including a tragic account of his grandfather's murder and the wrongful execution of his great-great-grandfather, John D. Lee.

• Senator Ted Cruz [13:44]: "John D. Lee was a Mormon pioneer... he was blamed for the sins of a couple of other people."

Senator Lee adds his own anecdote about having boots made by a convicted murderer during his time in Texas.

• Senator Mike Lee [15:29]: "I have had boots made by a murderer... Darby was Simon, probably early 60s, skinny little guy, but who had committed two murders."

3. Judicial Activism and the Supreme Court

Critique of the Supreme Court's Evolution: The senators critique the shift towards judicial activism in the Supreme Court, pointing out key decisions that have altered the balance of power between federal and state governments.

• Senator Ted Cruz [17:32]: "The Supreme Court decided a case called NLRB v. Jones and Laughlin Steel Company... it eroded federalism by giving more power to Washington D.C."

Historical Appointments and Their Impact: Senator Lee discusses the appointment of justices who align with Democratic ideologies, despite being nominated by Republican presidents, thereby weakening conservative influence on the Court.

• Senator Mike Lee [20:39]: "John Paul Stevens... Gerald Ford put John Paul Stevens on board... Republicans bat .500."

4. Contemporary Legal Issues: Uber Eats' Discriminatory Policy

Analysis of Uber Eats' Fee Waiver: The discussion turns to a contemporary issue where Uber Eats announced waiving delivery fees for black-owned businesses while maintaining fees for others. Both senators vehemently condemn the policy as discriminatory and illegal under federal civil rights law.

• Senator Mike Lee [23:54]: "I think it's plainly illegal... they cannot discriminate under federal civil rights law."
• Senator Ted Cruz [25:27]: "Do you want to live in a country where that happens, where that's lawful? I don't think so."

5. Philosophical Debate: Is a Hotdog a Sandwich?

Lighthearted Conclusion: In a playful end to the episode, the senators tackle the age-old question: "Is a hotdog a sandwich?" Senator Lee expresses indifference, emphasizing his focus on more pressing issues, while Senator Cruz firmly categorizes a hotdog as its own distinct entity.

• Senator Mike Lee [25:49]: "I just don't give a damn. I really do care about hot dogs, but whether it's a sandwich or not, I just don't care."
• Senator Ted Cruz [26:49]: "It's its own genre. It's its own species. So to call it a sandwich doesn't give it the dignity that it deserves."

Conclusion

This episode of The 47 Morning Update offers listeners a deep dive into the Senators' perspectives on legislative processes, judicial overreach, personal histories that shape their political views, and contemporary legal challenges. The engaging dialogue is punctuated with notable quotes and personal anecdotes, providing a comprehensive understanding of the issues discussed.

Notable Quotes:

• Senator Ted Cruz [04:38]: "That's not right. That's not how the Senate was created."
• Senator Mike Lee [05:15]: "The Senate is supposed to be the greatest deliberative body in the world."
• Senator Mike Lee [20:39]: "Republicans, at best, bat .500."

This structured and insightful conversation is invaluable for listeners seeking to grasp the complexities of American legislative and judicial systems, the importance of procedural integrity, and the personal motivations driving these influential senators.