Transcript
Charlie Kirk (0:00)
Thank you for listening to this Podcast 1 production now available on Apple Podcasts, Podcast 1, Spotify and anywhere else you get your podcasts.
Charlie Kirk (Ad Read / Promo Voice) (0:08)
Hey everybody. Today on the Charlie Kirk show, we unpack the Democrats court packing scheme as well as Amy Coney Barrett's beginning confirmation fight on Capitol Hill. We go through insight that no one else has and also into the deep history of the U.S. supreme Court. If this podcast has impacted you in any way whatsoever, please consider Supporting us at charliekirk.comSupport@charliekirk.comSupport it gives you an opportunity to support our program and the work that we are doing to reach young people with truth and American values@charliekirk.com support. Email us your questions@freedom charliekirk.com if you want to win a signed copy of the MAGA Doctrine, type in Charlie Kirk show to your podcast provider, hit subscribe and give us a five star review. Screenshot it and email it to us at Freedom Charlie Kirk Important episode in store. We unpack the court packing tactics of the left and explain Amy Coney Barrett's beginning remarks and her confirmation fight. Buckle up everybody. Here we go.
Charlie Kirk (1:07)
Charlie, what you've done is incredible here. Maybe Charlie Kirk is on the college campus.
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I want you to know we are lucky to have Charlie Kirk.
Charlie Kirk (1:14)
Charlie Kirk's running the White House, folks.
Guest or Supporter Praising Charlie Kirk (1:18)
I want to thank Charlie.
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He's an incredible guy.
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His spirit, his love of this country. He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point usa.
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We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on
Charlie Kirk (1:35)
campuses across the country. That's why we are here. Welcome back. It is a big week for the Republic and a big week for those of us that love liberty and the Constitution. Right now, as we are doing this show, Amy Coney Barrett is in front of the United States Senate for a confirmation hearing and a confirmation battle. And already, as predicted, the Democrats have gone out of their way to not yet attack her. They already did that in her prior hearing to become a federal judge, but to attack the entire process, the idea of filling the seats, Senator Lindsey Graham did a very good job of preempting this attack and rebutting it. However, before we get into the back and forth of the different senators, which is very important, let's talk about Antonin Scalia. Antonin Scalia really was one of the most impactful judges in U.S. history, one of the least appreciated. He was a textualist, he was an originalist. He believed that the Words that were written in the United States Constitution matter now, Antonin Scalia wrote, was confirmed to the United States supreme court through the US Senate of a vote of 98 to nothing. Now, mind you, those were different times. He was nominated by President Ronald Reagan and swiftly put through the US Senate after a vacancy was opened. Scalia was kind of a newfound type of Supreme Court Justice. He was not an activist and he was not a constructionist. And so this is a very important distinction. A constructionist, a strict constructionist, would believe that you only look at the words of the U.S. constitution with no reason, no fair reading. And that's a term that Scalia would use. And it's the words, as they say they are. So Scalia thought this was rubbish and nonsense. Being a textualist, he argued, would be saying that the First Amendment, of course, applied to speech outside of government building. It also applied to the Internet. It applied to mailing a letter. So Scalia thought that you must apply the philosophical roots and foundations behind the Bill of Rights and the amendments of the Constitution, not put some sort of reading into it, that you want to have some sort of desired policy objective. But an originalist or a textualist gives a fair reading and a reasonable approach to, to the United States Constitution. The Bill of Rights. Now, constructionists almost went away completely after Scalia and Scalia waged a philosophical counter attack against the dominant judicial opinions of the 60s and 70s and early 80s, which were the Warren Court and the Burger Court. Through those courts, we got Roe versus Wade, we got a sequence of very, very bad, highly politicized, left wing, anti constitutional decisions. Antonin Scalia was in the vast minority throughout almost all of his career, up until his sudden death in, I think January, February of 2016, right before the presidential election. Antonin Scalia argued that the US Constitution was not just the greatest document ever written in the history of the world, but it provided a framework for the decentralization of power. A question that you should ask a young person in your life is why are we so free? Are we free because of a Bill of Rights? No. You can go to any banana republic and find a Bill of Rights. We're free because of the decentralization of power. The decentralization of power. And Montesquieu talked about this in the formation of the U.S. government, the U.S. constitution. He was a French judge, actually. He talked about checks and balances and the need to be able to have one party being able to hold another party accountable. The idea of dominating the US Government is really hard. In fact, Scalia argued that we must actually admire the gridlock, that the difficulty of passing legislation is part of the beauty of the United States system, that it's hard to be able to pass wide, sweeping reforms as you want. Antonin Scalia was interviewed by Peter Robinson and uncommon knowledge from the Hoover Institution. Listen carefully. This was back in 2011 or 2012, and he was asked when he came out with his book, are you optimistic? Now, mind you, Anton Scalia had dissented at the time on six major Supreme Court decisions. Six things did not look good for the constitution back in 2011. Listen to Antonin Scalia's answer. Listen carefully to his view of the court. Playtape play. Cut 11 reading law. Quote, originalism does not always provide an easy answer, or even a clear one. Originalism is not perfect, but it is more certain than any other criterion. And it is not too late to restore a strong sense of judicial fidelity to text, close quote. So here's the question. This book, for that matter, your entire career, represents a sustained, determined effort at restoration. Are you optimistic? How's the product coming? That's an unfair question, especially after last term. I dissented in the last six cases announced last term. So I don't know. You just. I don't know that I'm optimistic. The fight is worth fighting, win or lose. The fight is worth fighting, win or lose. Antonin Scalia, you could tell by how he answered, he was being careful. He didn't want to give a sound bite headline to the activist press. Back when he was asked that question, he was not optimistic. If he would have been optimistic, he would have said it. Anyone who's optimistic when they're asked that question, they're quick to say, of course they're optimistic. Anything but. Saying you're optimistic means you're something other than that. And the courts didn't look good under Barack Obama. Kagan, Sotomayor were recently confirmed. Ginsburg had the majority opinion shaping. Kennedy was still on the court. Gorsuch and Kavanaugh were not on the court. Nine years later, here we are today, where a law clerk for Scalia is now sitting in front of the United States Senate to give a permanent 5, 3 solid constitutional majority for those of us that love the Constitution and appreciate originalism. Now, mind you, Amy Coney Barrett considers herself to be a student and a follower in the footsteps of Antonin Scalia. What changed over nine years? How did we go from Antonin Scalia's pessimism? Being the great dissenter? He was the true dissenter. Ruth Bader Ginsburg wasn't they tried to give her that label. The great dissent always came from Antonin Scalia, because Antonin Scalia believe firmly that you should not use the courts to make America in your image, that you should not use the courts as some sort of playbox or just some sort of creative paradigm to put forward America how you want it to be, be done. It's not what they thought. It's not what he thought the judges should be. Instead, he said, if you want a certain law to be passed and that's what Congress is for, what is a judge? A judge is there to interpret the laws, to analyze whether or not the laws are constitutional, whether or not you have gone outside of the parameters set forth in the framework of the U.S. constitution. And now today, for the first time in my lifetime and the lifetime of anybody listening, you have a chance to swing the courts back to a constitutional majority. An opportunity that is only afforded to us thanks to President Donald Trump. President Donald Trump, who has made good on his promise to nominate Gorsuch Kavanaugh and now Amy Coney Barrett. Antonin Scalia was not optimistic nine years ago, but he's smiling down from heaven today, where now he is seeing an opportunity for the courts to go in a direction that will protect individual liberty, that will restrict out of control government, freedom of expression, religious liberty. It happened because conservatives got serious about the courts in 2013 and 2014, as Mitch McConnell took back the U.S. senate in 2014, President Donald Trump won in 2016.
