Transcript
A (0:00)
Hey, everybody. On this flash episode of the Charlie Kirk show, Mr. Mayor Rudy Giuliani joins us. We talk about January 6th, 180 Republicans possibly objecting to the results and so much more. I learned a lot this episode. You are going to learn a lot as well. And if you enjoy our program and want to help support us, get this program to millions of more people, go to charliekirk.comsupport. it's charliekirk.comsupport. as always, email us your questions freedomarliekirk.com Mr. Mayor, Rudy Giuliani is here. Buckle up. Here we go.
B (0:37)
Charlie, what you've done is incredible here. Maybe Charlie Kirk is on the college campus. I want you to know we are
A (0:42)
lucky to have Charlie Kirk.
B (0:44)
Charlie Kirk's running the White House, folks. I want to thank Charlie. He's an incredible guy. 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.
A (0:58)
We will not embrace the ideas that have destroyed countries, destroyed lives, and we are gonna fight for freedom on campuses across the country. That's why we are here. Welcome, everybody, to this episode of the Charlie Kirk Show. A flash update and with a little bit of sense of urgency with America's mayor, Mr. Mayor himself, Rudy Giuliani. Rudy, welcome back to the Charlie Kirk Show.
B (1:21)
Oh, it's always a pleasure, Charlie. I love listening to you and I love talking to you even more.
A (1:25)
Thank you. So you, we were kind of talking before we started here. You said we're on the five yard line. You have a couple constitutional professors that are going through theories of what the vice president, the president of the Senate can and cannot do. Give us an update.
B (1:40)
Well, I mean, the fact is that you have a constitutional provision on the electoral college. Then it got changed by the 12th Amendment because of the confusion in the election of 1800 when Jefferson thought he was elected president and Burr was supposed to be the vice president, but they had the same vote and Burr challenged him and eventually Jefferson became president. And the interesting thing to know is he selected himself president. He was the vice president at the time. He was the Mike Pence of his day. There was a dispute about Georgia. Georgia had voted in one case for Burr, in one case for Jefferson, different electors. Jefferson said, I make the decision as the president of the Senate. Basically, I pick me, which is precedent for the vice president making the choices with regard or ruling on disputes. Then you have a statute that was passed in 1788, I believe it was about that time, and it changes the procedures quite a Bit problem with the statute is it takes power away from the House of Representatives that is exclusively supposed to choose the President. If there's a problem with the Electoral College and it shares that power with the Senate and it also takes power away from the state legislatures. So our best legal opinion on that is that that's unconstitutional. It's been debated for over 100 years as to whether it's unconstitutional. It's never been challenged in court. So it's an open question for the court. The issue is which way do we proceed? Do we proceed under the unconstitutional statute or do we go back to the original 12th amendment? It seems to me, and the President hasn't made this decision yet and the professors a little dispute, but it seems to me that better practice is to do it under the Constitution that you know for sure that that's the procedure. When Congress changed it and altered the power, usually the court finds that to be unconstitutional. That's how they found the line item veto to be unconstitutional. Congress passed it. But then the court said it disrupts the power balance between the President and the Congress has to be done by amendment. Our best academic experts here feel, and I agree with them, that the court will eventually find this to be unconstitutional because it takes some of the power away from the House to pick the President. Constitution gave it only to the House and it takes power away from the state legislatures and it puts the governor in their place in determining who the electors are. That is clearly unconstitutional.
