How To Curtail the Federal Beast

By Judge Andrew Napolitano


Dred Scott's Revenge: A Legal History of Race and Freedom in America


by Andrew P. Napolitano

1.)  The Scope of the Problem.

The Constitution gives the Congress only 17 discrete powers. One of them is the power to regulate interstate commerce and another is the power to tax incomes. Unfortunately, but not surprisingly, almost from the time the first Congress sat, it used its Commerce Clause power to tax goods, to control private behavior, and even to prohibit items in interstate commerce. Subsequent Congresses used that power to control the conditions for production and sale of goods that eventually made their way into interstate commerce. And modern Congresses have used that power to regulate any human behavior they wish, so long as the behavior, when combined with other similar behavior, might conceivably affect the movement of goods or persons in interstate commerce. Thus, today, the water you drink, the air you breathe, the size of the toilet bowl in your bathroom, the number of legs on your desk chair, the strength of the water pressure in your shower in your home, the amount of wheat you can grow in your yard, the amount of sugar manufacturers can put into ketchup, the words you can utter in public or private, are all regulated by the Congress, claiming power under the Commerce Clause. And the feds, as well, use their enormous horde of cash from our income taxes to bribe the states by paying them to regulate in areas that the Constitution prohibits Congress from regulating.

2.)  How to address this?

We need an amendment to the Constitution that expressly limits Congress to exercising only the 17 specific powers that are delegated to it in the Constitution and defines and limits the regulation of interstate commerce to its original meaning of keeping commerce regular by preventing all governments, state and federal, from interfering with it. We also need to rescind the 16th Amendment and affirmatively prohibit any federal tax on persons, as individuals or as groups. These two measures will starve the federal government back down to the footprint established for it by the Constitution. The Constitution can only be amended by enactment of an amendment by three-quarters of the legislatures of the states. In order to get to the state legislatures, an amendment can only come from an affirmative vote of two-thirds of both houses of Congress, or from a constitutional convention which Congress must call if asked to do so by two-thirds of the state legislatures.

3.)  What should freedom lovers do?

Here are a few simple steps. First, agree on the wording of two amendments addressing commerce and income taxes. Next persuade the state legislatures of 34 states to enact a resolution by a simple majority vote of each house of the states’ legislatures instructing Congress to convene a constitutional convention for the express and sole purpose of considering these two amendments. I don’t know if 34 states will agree to this; but I firmly believe that as the number of agreeing states approaches 34, Congress will become terrified, and will begin to curtail its regulation of our behavior and lower our taxes. If the convention does come to pass and sends the two proposed amendments to the states, the goal is then to get 38 states to adopt the amendments. Note, the state legislative process of demanding a convention and the state legislative process of approving an amendment only requires a simple majority in each house of a state legislature, and neither is subject to a governor’s veto.

4.)  What else can freedom lovers do?

They can elect state legislators who are intelligent and courageous enough to challenge and defy the federal government. Montana, Texas, and Oklahoma have many legislators who are prepared to direct their law enforcement to refrain from enforcing any federal laws; to authorize that products that originate and remain within their borders not be subject to any federal regulation; and even to begin the process of seceding from the Union. Even states with more liberal attitudes can be recruited into this effort by persuading them to save money and enhance freedom by prohibiting state and local law enforcement from prosecuting persons for possessing small amounts of controlled substances. The federal government simply cannot enforce all its criminal laws (there are over 4,000 of them) without the active assistance of state and local law enforcement. Secession, even under the biggest of Big Government theories, is perfectly lawful and can lawfully be accomplished by the consent of three-quarters of the remaining state legislatures.

5.)  Congress is not a general legislature.

The federal government did not come into existence in order to right every wrong. The feds are obliged to recognize our natural rights. When the government behaves with no self-recognized limitations, when its only restraint is whatever it can get away with, when it actively attacks rather than forcefully protects our natural rights, then, as Jefferson wrote in the Declaration of Independence, and as federal law still states, “it is the duty of the people to alter or abolish it.”

Judge Andrew P. Napolitano joined Fox News Channel (FNC) in January 1998 and currently serves as the senior judicial analyst. He provides legal analysis on both FNC and Fox Business Network daily. He co-hosts Fox News Radio's "Brian and The Judge" show daily, and hosts “FreedomWatch” on Foxnews.com weekly. Judge Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He is a graduate of Princeton University and the University of Notre Dame Law School. He lectures nationally and publishes op-ed pieces in national publications. Judge Napolitano has written four books on the Constitution and human freedom, including his most recent, “Dred Scott’s Revenge: A Legal History of Race and Freedom in America.” To learn more: http://www.judgenap.com


Note from Glenn

Let’s be clear that no one is calling for a Constitutional Convention. The Judge has outlined what would need to be done, legally, in order for the 10th Amendment to have some real teeth put back into it. No one really wants a Constitutional Convention. Nobody on the left or the right really pushes for one for two reasons. First, no matter how limited the scope of the proposed constitutional convention if one actually takes place it’ll be almost impossible to restrict the changes that could be made to the Constitution. Remember that when the Founding Fathers met in Philadelphia for their constitutional convention their orders were to do nothing more than “amend the Articles of Confederation.” By day three they had unofficially agreed to abolish the Articles and create a new form of government. If a constitutional convention were held today there would be no limits on what they could do and it’s very possible we end up with the Constitution shredded and in tatters. I don’t want to take that risk.

Second, I don’t trust our current crop of politicians to do the right thing. I don’t see a modern-day George Washington, Benjamin Franklin, or James Madison. All I see are selfish politicians willing to do anything to get re-elected. I don’t want to put the future of my children and grandchildren in their fat money-stained fingers.

So let’s hold off on the constitutional convention but move forward with the gun legislation in Montana, Utah, Texas and other states in an effort to have the Supreme Court re-consider the 10th Amendment. Good people doing great things is all it takes to return America to what our Founding Fathers intended Her to be—a bastion of freedom and liberty!

-glenn

 

Hey Joe, THIS is how you handle terrorists

Wikimedia Commons

If you haven't seen the new Apple TV+ drama Tehran, it's definitely worth your time. It tells the story of an Israeli spy who sneaks into Iran to set up an attack on Iran's nuclear program. Now that the new Bond movie is delayed, this show has a little bit of everything to hold you over: international spies, hackers, double agents.

But I digress...

No matter how Hollywood tries to invent these stories — and this one is definitely good — they always fall short of what happens in real life. What happened in Iran this past Friday is a movie waiting to happen.

What happened in Iran this past Friday is a movie waiting to happen.

Iran's top nuclear scientist, Mohsen Fakhrizadeh, was assassinated as he was traveling to his private villa just a few miles east of Tehran. The operation involved a team of over 60 people. Around 50 logistical support agents backed up a dozen gunmen. They knew everything. His schedule, his private address, his classified movements, the route...

Fakhrizadeh was traveling in the middle of three armored vehicles. When they approached the ambush site, the hit team cut off all the electricity in the surrounding area. A car bomb was then remotely detonated, taking out the rear vehicle in the convoy. 12 gunmen proceeded to open fire on the other two cars. Iran's top nuclear scientist was dead, and NONE of the hit squad were wounded or arrested.

Now you can already guess where the blame is being directed this morning. Almost immediately, the fingers began to point at both Israel and the United States. The mainstream media is trying to paint this as an effort by Trump to sabotage a Biden effort to restart the Iran Nuclear Deal. Remember that "masterful" stroke of Middle East foreign policy? You know, the deal that included $150 BILLION — in cash — that Obama and Biden knew would be used to kill Americans and destabilize the entire region. Remember that?

They said it was impossible... but Trump did it.

They claimed their way was the only path to peace. What did they get from it? Iran spread out all the way to the literal doorstep of Israel. The elite Iraqi troops of the Republican Guard were staging in Syria, plotting that ultimate attack to take back Jerusalem. The entire region was set to explode... but then Trump scuttled the deal. What did it lead to? Historic peace agreements between the Arab world and Israel.

They said it was impossible... but Trump did it. He reimposed sanctions and launched a campaign to kill terrorists rather than give them money.

John Brennan took to Twitter this weekend to call the assassination a criminal act.

It echoes what they said when the top terrorist in the world — Qassem Soleimani — was assassinated in Iraq. Coincidentally, the Iranian government published artwork over the weekend depicting Soleimani and the, now dead, nuclear scientist standing side by side.

You see, now matter how people like Brennan and Biden might try and say otherwise, this is exactly the type of person Iran's "Robert Openheimer" was: a terrorist in the same category as Soleimani (but obviously with a lot more dangerous capability).

Iran has been protecting this man for two decades. They called him merely "an academic," but denied the UN IAEA inspectors to ever question him.

The rhetoric Iran fed the global community was that their nuclear program didn't have anything to do with weapons, and that this nuclear scientist was involved in research to improve their energy programs. But in 2007, the CIA said this was a cover story. In 2008, the United States froze his assets, and the IAEA made it public that this scientist was leading Iran's nuclear weapons project.

Iran called it "Projects 110 and 111." Fakhrizadeh was tasked with finding out how to miniaturize a nuclear warhead and make it durable enough so that it could survive re-entry into the atmosphere on top of an ICBM.

There can be no accommodation with terrorists.

Obama and Biden's nuclear deal didn't stop ANY of this. Israel revealed in 2018 that Projects 110 and 111 continued. Fakhrizadeh was specifically called out as still being the main man in charge.

Biden thinks his policy of accommodation will somehow bring us the peace that Neville Chamberlain once thought was possible with Hitler. When has this borne fruit with any maniacal tyrant or terrorist... ever?!

And that's exactly what Iran and their thugs are. They're terrorists! They're not a legitimate regime. Long before ISIS, the terrorists in Iran stole a country, planning to spread their caliphate all over the world. Members of Al Qaeda, despite being Sunni, enjoy free sanctuary under their protection. They want to burn Israel to the ground. They chant "death to America"... It's actually a holiday there.

There can be no accommodation with terrorists. Biden wants peace with Iran, and he'll probably roll out a red carpet and offer them a few hundred billion more dollars. We know this doesn't work. To quote Reagan, "there's one way to have peace and you can have it in this second... surrender."

That's how you deal with terrorists, and — whether we were involved or not — another one was just taken out.

How does a sports writer know how to fix America, and America's racial dilemma?

In a special edition of the "Glenn Beck Radio Program," Outkick sports columnist Jason Whitlock filled in Tuesday for Glenn to explain how we can bring America back together, lean into racial harmony, and restore the values of our Founding Fathers. Because if not us, then who will?

Jason started out by explaining how, during a recent appearance on the program, he felt a spiritual connection with Glenn, regardless of physical differences, as both share a common passion for God and country.

"Glenn and I share a kindred spirit. A kindred passion," Jason said. "We have two things that we love and are passionate about: God and country. I am not a minister. I'm a flawed sinner just like Glenn and just like you. But I am a believer. Believers share an energy that connects them, that cuts through our physical differences and makes those differences irrelevant relevant. That's what I felt when I met Glenn, an energy and a spirit that connects us. We are broadcasters, media personalities, operating in separate spaces, trying to talk to Americans, who share our passion."

Jason went on to say that he believes there are forces operating, both outside of and inside America, that are working to separate America from God, and that much of what we've witnessed in 2020 — from the racial division stirred by the mainstream and social media, to the rioting and looting by Antifa and Black Lives Matter, to the "remaking of the sports world into a shrine that celebrates resisting criminal suspects and denigrates this great country at every turn" — are symptoms and consequences of America's enemies separating God and country.

"We are one nation under God. We are nothing without Him," Jason continued. "The flawed sinners who founded this nation baked God into this country with their Declaration of Independence. We hold these truths to be self-evident, that all men are created equal. That they are endowed by their creator with certain unalienable rights. That among those, are life, liberty, and the pursuit of happiness. The foreign and domestic enemies of this nation are baking a new American cake. God isn't an essential ingredient in this new cake. He isn't an ingredient at all. The removal of faith is sewing the disharmony that is terrorizing and destroying the United States of America.

"Why am I here today? I'm here to tell you how we take our country back, how we restore the freedoms and the liberties our enemies seek to remove in their remaking of a godless America."

Watch the video below to hear more from Jason Whitlock:

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Subscribe to BlazeTV today with our BEST DEAL EVER for $30 off with promo code GLENN.

One of the most shocking things British journalist, political commentator, and author of "The Madness of Crowds," Douglas Murray witnessed during his recent stay in America, was how many Americans are acting as if they live in 1930s Germany or behind the Iron Curtain, afraid to stand up and speak out because they're afraid of the consequences.

Murray joined the "Glenn Beck Podcast" this week to explain why he believes the state of America is actually worse than we realize, and how the Left's obsession with rewriting history has ushered in guilt, fear, and a "silent majority."

Murray said he's particularly "fed up" with those on the Right who are afraid to voice their opinion because they don't want to become the target of leftist mobs on social media.

"Do you think anyone in history who told the truth had an easy time? You've got the easiest time that any opposition movement ever did in history," Murray said.

"You cannot have these people in America living in a free society — which is for the time being free — pretending that they live under the circumstances of Jews in 1930s Germany," he added. "Speak up. Speak out. Don't be a silent majority; be a very damn noisy majority. And don't put up with the oppression of people who are totally insincere ... they want to make money. They want to win. Nothing more. Call them out ... and get back to what you should be doing as a nation."

Watch the full interview with Douglas Murray below:



Want to listen to more Glenn Beck podcasts?

Subscribe to Glenn Beck's channel on YouTube for FREE access to more of his masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, or subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

New York City shut down its schools over the coronavirus with barely any notice. But even before that, Governor Andrew Cuomo apparently wasn't in the mood to be asked about it, and he made that very clear to reporters.

Asked on Wednesday whether parents could expect schools to be closed as soon as Thursday, Cuomo mocked reporters for their "obnoxious and offensive" questions and accused them of not paying attention. Watch the testy exchange for yourself here.

On Thursday's radio program, Glenn Beck and producer Stu Burguiere had plenty to say about Stu's least favorite governor and the decision to close schools. But Glenn also offered his own theory on why coronavirus restrictions have become so political: Americans refuse to be forced into submission.

Watch the video below to catch the conversation:

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Subscribe to BlazeTV today with our BEST DEAL EVER for $30 off with promo code GLENN.