Podcast Summary: The Charlie Kirk Show – "Who Rules: Judges or the President?"

Host and Guest:

• Host: Andrew Colvett (filling in for Charlie Kirk)
• Guest: Senator Rick Scott of Florida

Release Date: March 17, 2025

I. Introduction

In this compelling episode of The Charlie Kirk Show, executive producer Andrew Colvett and anchor Blake Neff delve into a critical examination of the balance of power between the judiciary and the executive branch. Featuring insights from Senator Rick Scott, the discussion centers around the recent invocation of the Alien Enemies Act by the Trump administration, the surge of national injunctions by federal judges, and the broader implications for American governance and political dynamics.

II. Alien Enemies Act and Trend Aragua Deportation

A. Overview of Trump's Use of the Alien Enemies Act

The episode opens with a detailed analysis of President Trump's invocation of the Alien Enemies Act of 1789 to deport approximately 250 members of the Trend Aragua gang to El Salvador. This action, intended to disrupt a recognized terrorist organization, was executed despite legal challenges.

B. Judicial Response and Injunction

A pivotal moment occurred when a district judge issued an injunction ordering the plane to turn around while it was still in international airspace. The Trump administration defied this order, asserting that the injunction was invalid under the circumstances. As Andrew Colvett explains:

"President Trump and the Trump administration defied a court order by claiming that the plane was already in international airspace, rendering the injunction null and void." [05:11]

C. Constitutional Implications

Blake Neff expands on the constitutional crisis emerging from this confrontation:

"We are headed towards some sort of constitutional showdown... if a district judge has the power to do a nationwide injunction and you have these judges who've been appointed by Obama, appointed by Biden, they've been radicalized to hate Trump for a decade, they're going to come up with a justification for a nationwide injunction on anything." [05:11]

This raises significant concerns about the separation of powers and the extent of judicial authority over executive decisions, particularly in matters of national security and immigration.

III. National Injunctions and Judicial Activism

A. Usage by Both Administrations

The discussion highlights that while both the Biden and Obama administrations have faced nationwide injunctions, the left has been more effective in utilizing this tactic. Andrew Colvett notes:

"There was national injunction saying Biden actually has to enforce the border laws that we have on the books... Conservative judges tend to not overstep their boundaries as much, whereas an activist judge sort of feels the need to do so." [08:39]

B. Impact on Presidential Authority

Senator Rick Scott emphasizes the importance of executive authority in handling foreign threats:

"The president basically can exclude people that he deems a threat to the United States... President as commander in chief has the very explicit constitutional authority to defend the United States." [13:20]

The tension between Article II (executive power) and Article III (judicial power) underscores the ongoing struggle over who holds ultimate authority in governmental decision-making.

IV. Public Opinion and Polling

A. Positive Direction Sentiment

Charlie Kirk shares notable polling data indicating a shift in public sentiment:

"We asked folks, is it done the right direction or the wrong direction? That 44%, you say right direction, that's up since November... the last time it actually hit 44 or higher, January of 2004." [28:29]

This marks a significant increase in positive views towards the country's direction, signaling growing support for Republican leadership and policies.

B. Declining Views on the Democratic Party

Complementing the positive sentiment towards Republicans, another poll reveals a plummet in favorable views of the Democratic Party:

"Americans, favorable views of the Democratic Party brand are at a record low, just 29%. That's compared to 36% for Republicans. It is the lowest ever recorded for Democrats in CNN polling going back more than 30 years." [29:06]

This sharp decline underscores the Democrats' struggles in maintaining public support amidst internal conflicts and policy disputes.

V. Senate Response and Senator Rick Scott’s Insights

A. Judiciary Appointments and Support

Senator Rick Scott outlines the Senate's strategy to counter judicial activism:

"We've got to get Trump judges confirmed... make sure that President Trump has the resources we need to get this reconciliation package done as quickly as possible." [22:23]

His focus is on reinforcing the judiciary with conservative judges and empowering the executive branch to enforce immigration laws effectively.

B. Budget Reconciliation and Priorities

Scott elaborates on the administration's budget priorities, emphasizing deportations, military funding, tax cuts, and balancing the federal budget:

"We're going to give the president money for the deportations, we're going to plus up the military to make sure we can defend our freedoms... We're going to extend the Trump tax cuts and we're going to start the process of balancing the budget." [23:08]

This comprehensive approach aims to reduce government size, bolster national security, and foster economic growth through private sector expansion.

VI. Democratic Party's Internal Struggles

A. Schumer's Cancelled Book Tour

The podcast addresses internal conflicts within the Democratic Party, highlighted by Senator Chuck Schumer's cancellation of his book tour amid protests:

"Schumer is scheduled to do a book tour... he has just canceled that book tour... protests that were scheduled from activist groups who wanted to go after his decision to agree and allow the government funding bill to go forward to avoid a government shutdown." [24:24]

B. Potential Shifts Within Democratic Ranks

Blake Neff cautions against complacency, warning that Democratic disarray could lead to more radical shifts:

"The truth is... the Democrats are half the country. They're inevitably going to get together and they could get together in ways that could be pretty scary... their position is I want to blow up the system and I don't really care how they do it." [32:32]

This situation presents both a challenge and an opportunity for Republicans to maintain vigilance and capitalize on Democratic instability.

VII. Conclusion

The episode concludes with a reaffirmation of Republican resilience and strategic positioning in the face of Democratic challenges. Senator Rick Scott expresses optimism about future policy successes and the continued support from the American public:

"Republicans are on the right track. Democrats are on the wrong track. I'm very optimistic about where we're going." [29:46]

Andrew Colvett underscores the importance of maintaining focus on key objectives such as balancing the budget and fostering economic growth:

"These are the prizes that if we stay the course, I really genuinely think we have a chance of seeing materialized in the short and in the near future." [30:12]

Notable Quotes:

• Andrew Colvett [05:11]: "President Trump and the Trump administration defied a court order by claiming that the plane was already in international airspace, rendering the injunction null and void."

• Blake Neff [05:11]: "We are headed towards some sort of constitutional showdown..."

• Charlie Kirk [28:29]: "Is it done the right direction or the wrong direction? That 44%, you say right direction, that's up since November..."

• Senator Rick Scott [22:23]: "We've got to get Trump judges confirmed... make sure that President Trump has the resources we need to get this reconciliation package done as quickly as possible."

Final Thoughts:

This episode of The Charlie Kirk Show provides an in-depth exploration of the escalating tensions between the judiciary and the executive branch, the strategic maneuvers within the Republican Party to counteract Democratic disarray, and the shifting landscape of American public opinion. Through insightful analysis and authoritative commentary from Senator Rick Scott, listeners gain a comprehensive understanding of the current political dynamics shaping the nation's future.