Ilya Shapiro on the Supreme Court in the Balance

Last week, Bob examined how the United States has ended up in a situation that would have frustrated the Framer's intentions, had they seen it coming. The next president will likely hold more authority than was ever supposed to be granted to a single person, by virtue of nominating the ninth judge to a sharply divided “4-4” court. Ilya Shapiro is carefully observing the political chess game around the Supreme Court nomination, and urges Senate Republicans not to hold hearings or a confirmation vote for President Obama’s nominee, Merrick Garland. Instead, he says they should wait until after a new president is elected – making the judicial pick the paramount issue in the coming election. Shapiro joins the show this Sunday to argue that “We, the People” should make the choice of who determines the make-up of the court, with so much on the line. Later, Bob will break down a new video from Learn Liberty featuring The Free Market Institute’s Benjamin Powell on the surprising truth about sweatshops and child labor laws.

Professor Bernstein vs. President Obama: Battle of the Con Law Professors

Not long ago, Barack Obama's peers knew him as a moderate. As a constitutional law professor, Obama generally subscribed to the dominant progressive ideology at Harvard Law School, but voiced a strong belief in separation of powers and other checks on the executive branch. Many hoped he might become the first civil libertarian president. Now, even liberal law professors (not to mention liberal Supreme Court justices) are questioning the legal reasoning behind the Obama administration’s increasingly brazen edicts. David Bernstein, a constitutional law professor at George Mason University, has documented the worst of these abuses power in his new book, “Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law” – drone strikes without Congressional approval are only the tip of the iceberg. Regardless of your political tribe, you must listen to Bernstein’s warning. Obama supporters should be especially wary – after all, who knows who will be wielding these expanded powers down the road? 

Links

Amazon: Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law.

VIDEO: 2008 Candidate Obama campaigns on promise to stop abuses of executive power

The Volokh Conspiracy

@ProfDBernstein


Thomas Fleming on *The Great Divide* Between Washington and Jefferson

This Fourth of July, as we reflect on our country's origins, some may be tempted to look upon the Founding Fathers with a reverence otherwise reserved for saints or the founders of great religions. Past generations erected the “Washington” Monument in “Washington” D.C. to honor and symbolize the resoluteness of the man as both a leading general in the Revolutionary War and our nation's first President. Likewise, the immortal words of the Declaration of Independence – the rallying cry of the American Revolution – are inscribed on the walls of the Jefferson Memorial in honor of the man who penned them. However, these mythologies are incomplete according to Thomas Fleming, a historian and novelist who has picked apart the American Revolution from more than a few angles. His latest book, *The Great Divide: The Conflict Between Washington and Jefferson that Defined a Nation*, cuts through the typical "airbrushing" of historical founding figures to reveal the political treachery that truly characterized the era. Fleming joins Bob for a special Fourth (Fifth) of July episode.

Has America Become an "Elective Monarchy"?

The Constitutional Convention is generally remembered as a meeting of great minds, in which governing principles for a free and lasting republic were written down in accordance with the best ideas of the day. While this account contains much truth, we might wonder why several key Framers refused to sign the final draft. In his new book, “The Once and Future King: The Rise and Fall of Crown Government,” Frank H. Buckley describes in detail the long struggle toward compromise that produced the original U.S. Constitution. Buckley's account corrects the conventional wisdom in a way that dramatically clarifies the present political situation. He will join Bob to explain how the seeds of our increasingly monarchical executive branch were planted by an unintended (but not entirely unanticipated) flaw in the document: the popular election of the president. George Mason was among those who did not sign the final draft, warning his fellow Patriots, “We are not indeed constituting a British Government, but a more dangerous monarchy, an elective one.” Is it too late to reverse course? Find out this Sunday!


If You’re a Suspected “Terrorist” Obama Can Throw Away the Key

There is no more compelling argument for voters to leave the Democratic and the Republican parties and vote Libertarian than the recently signed National Defense Authorization Act. Can you imagine a federal statute which (i) violates key provisions of the Constitution, (ii) allows for the incarceration of Americans for no reason other than the whim of the President and (3) allows for the President to kill American citizens without due process; without a trial? Despite bi-partisan opposition and despite his own reservations, Obama has signed just such a bill. If you get on the bad side of the President, you had better go into hiding. As Jim Garrision has written, this bill will signal “the death knell of our constitutional republic and the formal inception of a legalized police state in the United States.” In this episode, Jim Garrison joins Bob to explore this unprecedented expansion of Presidential power and the threat it presents to each citizen’s life and liberty. How did this scary bill become law and what can we do about it?

George Washington Was Our Guest

In this episode, Bob interviewed our first president, George Washington.  Well, not quite. But close.  With great pride and excitement, we welcomed Thomas Fleming, one of our nation’s leading historians, biographer of Washington, Jefferson and Franklin, past President of the Society of American Historians and author of the popular blog “Channeling George Washington”, to our show.  Bob and Tom discussed money and politics, then and now.  What did the Founders intend to be the relationship between the two?  Is money a political pollutant, or its lifeblood?  Tom Fleming shared his lifetime of study to the important and timely issue, and put it all into keen historical perspective.

The Founding Fathers

What would they think of Obamamerica?  In this encore episode, Bob interviews Jerry Hurwitz, American Revolution Historian and reenactor.  Bob and Jerry will share little known stories of the founding of America, the richness of our heritage and how close we came to not having a country.  Get to know the story of our country as you never have before.