The Josh Hammer Show – Episode Summary

Episode: Is Justice Finally Coming?

Date: April 8, 2026
Host: Josh Hammer
Guest: Mike Davis (Founder and President, Article 3 Project)

Overview

In this episode, Josh Hammer delivers a deep dive into the power and purpose of America’s three constitutional branches, with a particular focus on the judicial branch (Article III), ongoing Supreme Court debates about birthright citizenship, conservative judicial nominations, recent shifts at the Department of Justice, and broader political questions shaping the country. Josh is joined by colleague Mike Davis, who provides pointed commentary on legal precedent, the trajectory of the Supreme Court, the effectiveness of Trump administration officials, and strategic advice heading into the midterms.

1. The Intended Power of the Federal Branches

Key Segment: [00:06–10:35]

• Josh Hammer opens by challenging the “co-equal branches” doctrine.
  • “I have always objected strongly to this notion that the three branches of the federal government are indeed co-equal. I have instead argued for many years now that the three branches were actually written… in order of intended power. Arguably, arguably… in order of intended supremacy.” (01:35)
• Explains the U.S. was inspired by English common law and parliamentary supremacy, suggesting Congress was intended as the most powerful branch (Article I), with the judiciary as the weakest.
  • “The judiciary is the least dangerous of the three branches of the federal government because it has neither force nor will, but merely judgment.”—quoting Federalist 78 (06:40)
• Discusses the judiciary’s limited power—courts can issue opinions, but only bind the named litigants.

2. Supreme Court and Birthright Citizenship Debate

Key Segment: [10:36–18:38]

• Previews oral arguments in Trump v. Barbara, focused on the original meaning of the 14th Amendment’s Citizenship Clause.
• Argues prior Supreme Court decisions did not grant birthright citizenship to children of illegal aliens, only to children of domiciliaries (permanent residents), not tourists, students, or undocumented migrants.
• Critiques Republican judicial nominations for failing to consistently pick constitutionalist justices.
  • “At some point you would like to think that Republicans would start to get a little better when it comes to nominating judges and justices who actually faithfully interpret the Constitution…” (11:58)
• Predicts SCOTUS will likely rule (wrongly, according to the host and guest) that children of illegal aliens are citizens.
  • “This is as easy as ultimately I believe it is and you believe it is…what does it say about the state of Republican judicial nominations that it looks like…this case is unfortunately going to come out on the wrong side here?” (17:03)

3. Mike Davis on the Legal Case and Judicial Limits

Key Segment: [13:46–18:38]

• Mike Davis calls the legal case “very simple” if justices stick to original meaning, though politics are likely to interfere.
  • “This case is so easy…If American Indians do not have birthright citizenship under the 14th Amendment, how the hell would illegal aliens, how the hell would 1.5 million Chinese birth tourist kids…have birthright citizenship under the 14th Amendment?” (16:00)
• Argues citizenship power fundamentally belongs to “We the People” and should be through Congress—not the judiciary:
  • “It’s actually shameful if we have Republican-appointed Supreme Court justices who think they can hand out citizenship like they are handing out candy at a circus. It’s not how our sovereignty works in America.” (18:38)
• Concludes that if SCOTUS rules otherwise, “we should just burn down our whole system. That is such a betrayal of our sovereign power as we the people.” (22:16)
  • Note: “Burn down” is meant figuratively, as clarified by Davis.

4. DOJ Shakeup – The Firing of Pam Bondi

Key Segment: [24:39–29:11]

• Josh & Mike reflect on the recent firing of Attorney General Pam Bondi. Both defend her record.
  • “I was personally just a little caught off guard, frankly, when I heard that Pam Bondi had been fired…The Epstein thing, to me, it’s just such a distraction.” (26:38)
• Davis praises Bondi as “bold” and “fearless,” attributing historic DOJ wins to her leadership.
  • “Pam Bondi is one of the best attorneys general we’ve had in our history…She got a lot done in just over a year.” (24:39)
• Dismisses rumors that Bondi’s firing was due to frustration over failings to indict Jim Comey or Tish James.
  • “No.…These cases take time…Justice is coming because I will settle for nothing less.” (27:50)

5. Supreme Court Term in Review and Looking Ahead

Key Segment: [29:11–31:24]

• Commentary on high-profile SCOTUS rulings (tariffs, free speech/conversion therapy), with special focus on the “crucial” birthright citizenship case.
  • “If they actually look at the amicus briefs, if they actually dig into the debates surrounding the 14th Amendments…there is only one easy right answer here, and that is birthright citizenship does not go to illegal aliens.” (30:08)
• Emphasizes that, if citizenship for children of migrants is to be debated, “there’s a body for that, it’s called the Congress.” (31:24)

6. U.S. Policy on Iran (“Operation Epic Fury” and Foreign Affairs)

Key Segment: [33:55–38:21]

• Josh and Mike defend Trump’s boldness in confronting Iran—contrasting it with the Bush era and dismissing panic about a long-term quagmire.
  • “President Trump knows that Iran has been at war with the United States for over 47 years…This is very much in America’s national security interest to destroy this terrorist state.” (34:33)
  • “Maybe stop taking Qatar money. And number two, let’s have more faith in President Donald Trump. He knows what the hell he’s doing.” (36:19)
• Hammer: “These people have been chanting death to America for 47 years.…Their very first act…was to run to the United States Embassy [in 1979].” (36:19)
• Both assert Trump will be seen as one of the most consequential presidents in U.S. history despite current controversy.
  • “History is going to be very good to President Trump…long term, I think President Trump is going to go down as the most consequential, best president in American history.” (37:27)

7. Domestic Politics, the Economy, and the 2026 Midterms

Key Segment: [38:21–40:54]

• Discussion of the “affordability crisis” and inflation lingering from the Biden years.
• Mike claims Trump is fighting for “real Americans in real America.” (39:24)
  • “If you vote for Democrats in this next election…Democrats are doing everything they can every day to drive up the cost of American energy, and that’s the driving force on inflation.” (40:54)

8. The Politics of Immigration

Key Segment: [40:54–42:59]

• Josh disagrees with pundits who claim immigration is now a losing issue for the GOP. Mike urges Republicans to double down.
  • “Double down on immigration because the swing voters…the people who actually decide elections, don’t want Islamist MS-13 and trend Aragua raping and murdering their daughters.” (41:16)
  • Hammer: “This is ultimately why Trump…won 2024. I mean, of course Kamala Harris was a world historical terrible candidate…but immigration was a massively, massively winning issue.” (42:05)

Notable Quotes & Moments (with Timestamps)

• Josh Hammer, challenging co-equality myth:
  “I have always objected strongly to this notion that the three branches…are indeed co-equal.” (01:35)
• Citing Hamilton’s “least dangerous branch” argument:
  “The judiciary…has neither force nor will, but merely judgment.” (06:40)
• Mike Davis on birthright citizenship:
  “If American Indians do not have birthright citizenship under the 14th Amendment, how the hell would illegal aliens…have birthright citizenship?” (16:00)
• On Republican judicial picks:
  “It’s actually shameful if we have Republican-appointed Supreme Court justices who think they can hand out citizenship like they are handing out candy at a circus.” (18:38)
• On Pam Bondi:
  “Pam Bondi is one of the best attorneys general we’ve had in our history.” (24:39)
• On Iran and Trump’s foreign policy:
  “Maybe stop taking Qatar money. And number two, let’s have more faith in President Donald Trump. He knows what the hell he’s doing.” (36:19)
• On immigration as a campaign issue:
  “Double down on immigration because the swing voters…the people who actually decide elections, don’t want Islamist MS-13 and trend Aragua raping and murdering their daughters.” (41:16)

Episode Flow

1. Foundational theory of American government, with a judicial focus
2. Birthright citizenship historical, legal, and political analysis
3. SCOTUS predictions and critique of Republican nominations
4. DOJ personnel shifts and internal conservative debates
5. Supreme Court and broader legal landscape (other big cases)
6. Foreign policy and national security under Trump
7. 2026 midterms strategies: economy and energy
8. The ongoing politics and rhetoric of immigration

Summary

This episode offers a robust, critical perspective on how conservatives view the U.S. government’s structure and powers, the role of the judiciary, contentious legal battles over citizenship, and current events ranging from the DOJ shakeup to Middle East conflicts. Josh Hammer and guest Mike Davis dissect the originalism debate, warning against judicial overreach, while insisting that political victories depend on bold legal and policy clarity—particularly in border security and foreign affairs. Their tone is blunt, strategic, and deeply critical of both liberal adversaries and purportedly insufficient Republican resolve. The message: America’s future—both at home and abroad—depends on reclaiming the Framers’ intent and fighting the political and legal battles with renewed vigor.