WEBVTT

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Welcome, and thank you for sharing this pretty

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essential stack of sources with us today. Glad

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to be here. We are diving into, well, quite a

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collection, recent legal decisions, some audacious

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political counter moves, and even visionary reform

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ideas. Yeah. And they all seem to circle around

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this core theme, right? The battle over executive

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power, checks and balances, maybe the erosion

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of those checks. Exactly. So our mission today,

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as I see it, is to understand not just what's

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happening in the courts or state houses, but

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really why it matters. Especially this idea you

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mentioned, the incentive structure for political

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compliance. Precisely. We need to look at where

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executive power is being, you know, successfully

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challenged, but also where the system itself,

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maybe the courts, seem to be failing, which forces

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people to think about, well, entirely new structures.

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It sounds ambitious. We're starting with a surprising

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look at state -level action fighting federal

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pressure, then hitting some key accountability

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moments or failures. Right. One constitutional,

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one criminal. And then that radical reform blueprint.

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at Project 2029. Yeah, and we'll wrap with the

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big issues hitting the Supreme Court right now.

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It's a packed agenda. It really is. OK, let's

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unpack this core idea first, the incentive structure.

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The sources suggest that when the executive branch

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pushes hard, the target may be a university or

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a state agency, often just caves. Why is caving

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sort of the default? Well, it often boils down

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to a kind of basic political math. You know,

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the upside to just going along seems high. You

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avoid immediate punishment. Maybe you get some

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vague promise of future benefits. You avoid a

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big messy fight. And the downside. Crucially,

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the downside of obeying often feels low, at least

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to the person making the decision, because the

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negative consequences don't hit them directly

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or not right away. They get absorbed by others

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down the line. Right. Which brings us to Governor

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Newsom in California. He seems to have decided

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to just rewrite that math completely. using a

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very aggressive tactic. He really did. The idea

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was you have to create a massive immediate negative

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consequence for complying, change the downside.

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And the case study is fascinating. This federal

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compact sent to major universities a 10 page

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deal for funding. But the strings attached were

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well. Oh, absolutely. Highly political, you could

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say radical. Things like forcing universities

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to bring back SATAC testing. Yeah, and banning

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them from considering things like sex, ethnicity,

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race and admissions, or hiring. And even, this

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one's wild. punishing academic units that supposedly

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belittle conservative ideas. It's astonishing

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overreach. And here's the kicker, the really

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key structural bit. Compliance wasn't overseen

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by the Department of Education, the usual channel

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for funding. No, it was the Department of Justice.

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Exactly. Which gives them immediate regulatory

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muscle. They could threaten to cancel federal

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funding like instantly for any perceived violation.

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So if a department hired a qualified black woman

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and race was, say, a tiebreaker. That could trigger

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losing billions. Potentially. Yes, billions gone

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instantly. That's the threat. It sounds like

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straight up political blackmail. But Newsom's

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counter move was, I thought, kind of brilliant

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psychologically. He took their threat and just

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threw it back. He did. He basically tweeted,

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and the source quotes it, if any California university

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signs this radical agreement, they'll lose billions

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in state funding, including Cal grants instantly.

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Wow. And he added, California will not bankroll

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schools that sell out their students, professors,

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researchers, and surrender academic freedom.

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So he completely flipped the script. Suddenly

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obeying the feds means instant financial ruin

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from the state. Exactly. The upside of federal

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money is maybe vague future stability. The downside

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Newsom created is immediate catastrophic loss

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of state funds. It forces their hand. They have

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to defy the federal demand to survive. And this

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idea, changing the downside, the source is suggesting

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it can go much further using federalism, right?

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blue states banding together. Precisely. Imagine

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a block of states creating counter pressure.

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So if the federal government threatens law firms,

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say, denying them access to federal courts, if

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they don't tow some line, then maybe 15 or 20

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blue states could threaten to deny those same

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firms access to their state courts if they do

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comply with the feds. Exactly. Suddenly the firms

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are caught. Or think about political compliance

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for federal officials. What if a future administration

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promised serious prosecution for things like

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Hatch Act violations committed now? So, obeying

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a questionable order today could mean prison

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time later if the political winds change. Right.

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It introduces a serious long -term personal downside.

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Changes the calculation for obedience right now.

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And the most aggressive idea mentioned was states

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enforcing their own laws against individual federal

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agents. like arresting ICE agents. Yeah, for

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things like kidnapping or burglary if they raid

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a home without a proper warrant or ID. But wouldn't

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that spark a huge constitutional fight? The Supremacy

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Clause? It would spark a fight, absolutely. But

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it forces a definition. The Supremacy Clause

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only protects lawful federal actions. If an agent

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is acting unlawfully outside their proper federal

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authority, then they're potentially committing

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a state crime. That's the argument. And the threat

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of local prosecution could make agents think

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twice, maybe even look for other jobs. It changes

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the incentive for the agents themselves. Okay,

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so Newsom shows how you can flip the script politically.

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But what about the courts? Are the existing tools

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strong enough for accountability? Let's pivot

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to that. We have two cases, one showing clarity,

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one, well, spectacular failure. Let's start with

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the clarity. Birthright citizenship seems incredibly

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straightforward from the Constitution, but it's

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still heading to the Supreme Court. It really

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does seem clear. The 14th Amendment. All persons

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born or naturalized in the United States and

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subject to the jurisdiction thereof are citizens.

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That's it. Right. Historically, the only real

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exclusion was children of foreign diplomats.

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Native Americans got citizenship later via statute

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in 1924. The parents' immigration status just

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isn't mentioned. Which is why the lower courts

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have been unanimous, right? Saying the president

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can't just change the Constitution with an order.

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Completely unanimous. Judge Gould and the Ninth

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Circuit was blunt. The president doesn't have

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power to modify or change any clause of the Constitution.

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And the First Circuit agreed. Even with a long

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opinion. Yeah, Judge Barron wrote like a hundred

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pages, but apparently admitted it wasn't a difficult

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question. Same conclusion. Yet the Supreme Court

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took the case, even with no circuit split. Why

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do that? Well, it's speculation, but maybe it's

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strategic signaling. If they rule nine and nilling

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against the executive order, it's a powerful

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performative display of judicial independence.

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It reassures people they'll uphold the basic

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text, even in politically charged moments. Okay,

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so contrast that clarity with the mess in the

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Georgia ICO case. This is a huge deal, right?

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Alleged conspiracy to steal electoral votes,

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pressure on Raffensperger, fake elector. Oh,

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yeah, very serious case. And the sources say

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they had four co -defendants ready to cooperate

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to rat on Trump. It looks strong, built on Georgia's

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tough ICO law. But then the blunder, a self -inflicted

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wound, it seems. Completely. D .A. Fannie Willis

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hired her then -boyfriend Nathan Wade. And his

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experience? Yeah. Well, it wasn't really in complex

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prosecutions like this. More divorces, contracts.

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Not ideal. Yeah. And the result. The appeals

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court called it a really bad look. Enough to

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force Willis off the case entirely. And the judge

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gave them just 14 days to find a new prosecutor

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or the whole case could be dismissed. Dismissed,

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wow. That's a huge win for the defense. Massive.

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And the implication, it goes beyond just a bad

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look. It shows how poor personal judgment, even

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if not strictly illegal, can create devastating

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procedural delays. It helps high -profile defendants,

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slows everything down, maybe chills other DAs

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from taking on similar fights. But was the punishment,

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Willis being removed, proportionate to the bad

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look? Or was the judiciary sending its own signal

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there? That's the debate, isn't it? Was the error

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fatal procedurally or just personally embarrassing?

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The court focused on public trust. But whatever

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the intent, the outcome delay, potential dismissal

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shows how fragile accountability can be, even

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with strong evidence. Speaking of fragility,

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corporate accountability also seems shaky. Look

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at Apple removing the ice block app. Right, the

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app that crowdsourced ICE raid locations, meant

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to protect vulnerable people, including citizens

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who might get swept up by mistake. And AG Pam

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Bondi took credit for telling Apple to remove

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it. She did, proudly. The app's creator, Joshua

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Aaron, compared it to ways alerting drivers about

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police. He said it was about protection from

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arrest without probable cause, even invoked Nazi

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Germany. Pretty strong words. Yet Apple folded

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immediately. Which brings us right back to the

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start, doesn't it? The incentive structure. For

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Apple, defying a powerful AG means regulatory

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headaches, bad PR, potentially huge costs. While

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removing the app, the downside is low, affects

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a relatively small group. easier to just comply.

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Exactly. Avoid the conflict, even if it means

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compromising on certain principles or user protections.

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It shows the same dynamic applies across sectors,

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political, academic, corporate. That sense of

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fragility, that the current system struggles

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with consistent accountability, it sort of pushes

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you towards thinking about bigger changes, right?

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Which leads us to Project 2029, moving from reaction

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to proactive reform. Yeah, this is Jonathan V.

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Last's blueprint for a potential future Democratic

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trifecta. And the goal isn't just winning, it's

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structural. It's about strengthening democracy

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itself, pushing power back to Congress, Article

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1, away from the executive, kind of authoritarian

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-proofing the system. The scope is really something.

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Core ideas, making D .C. a state, expanding the

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Supreme Court. Aggressively prosecuting past

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lawbreakers to signal impunity is over. Eliminating

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the Department of Homeland Security. New laws

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limiting presidential emergency powers. And deeper

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structural stuff, too, aimed at the mechanics

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of democracy. Definitely. Things like ending

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gerrymandering, maybe proportional representation.

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A constitutional right to vote for all non -imprisoned

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adult citizens. Strengthening Posse Comitatus.

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That's the law limiting military use domestically.

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Right. Requiring governor approval. Right. And

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also specifically targeting executive power grabs,

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like banning the impounding of funds Congress

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appropriates no more rescissions. And critically,

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allowing a president to be indicted after leaving

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office for federal crimes committed while in

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office. That's huge. It attacks the idea that

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the presidency grants temporary immunity from

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accountability. But the most maybe radical idea

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in there targets the judiciary itself, trying

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to get rid of those contentious 5 -4, 6 -3 decisions

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overturning laws. This one is really provocative.

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Embed judicial review the court's power to strike

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down laws in a statute, but add restrictions.

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Specifically, require a unanimous vote of all

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justices to declare a law passed by Congress

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unconstitutional. Unanimous. Wow. How does the

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source justify that? That seems like a massive

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shift. The argument is it forces judicial restraint.

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If a law is truly, clearly unconstitutional,

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shouldn't all nine justices, liberal and conservative,

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agree? If it's 5 -4 or 6 -3, doesn't that suggest

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the issue is political or interpretive, not clearly

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constitutional? So if it's that close, the will

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of the elected legislature? Article 1 should

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stand. That's the theory. It's a direct challenge

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to the power the court asserted for itself way

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back in Marbury v. Madison. It aims to return

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significant power to Congress. Which sets the

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stage perfectly for the Supreme Court today.

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They're back from their three -month vacation,

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earning those, what, $303 ,000 salaries? Around

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that, yes. And Chief Justice Roberts knows the

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court's power, its legitimacy, depends on the

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public believing it's fair. That might mean needing

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some strategic rulings against the executive

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this term. because the docket is loaded with

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cases testing exactly that executive power versus

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other branches or individual rights. Absolutely.

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If Roberts can't rein in the executive through

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existing doctrine, those calls for Project 2029

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style reforms like court expansion or that unanimity

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rule, they're just going to get louder. OK, let's

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look at some key cases. Separation of powers

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first. There's a challenge to using presidential

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emergency powers for tariffs. This is huge. The

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Constitution explicitly gives Congress the power

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to lay tariffs. Article 1? If the president can

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just declare an emergency and do it unilaterally...

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Then the executive basically gets a massive taxing

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power the founders gave to the legislature. Precisely.

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It bypasses Congress entirely on a core economic

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function. Major separation of powers implications.

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Then there's the independent agency's question.

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The Federal Reserve firing case. Yeah, the fundamental

00:12:42.279 --> 00:12:44.669
question is... Can the president fire anyone

00:12:44.669 --> 00:12:47.429
in the executive branch at will? Even heads of

00:12:47.429 --> 00:12:49.590
independent agencies designed to be insulated

00:12:49.590 --> 00:12:53.389
from politics, like the Fed. The test case involves

00:12:53.389 --> 00:12:56.759
firing Fed Governor Lisa Cook. Right. If the

00:12:56.759 --> 00:12:59.919
court says yes, the president has absolute firing

00:12:59.919 --> 00:13:02.220
power over the Fed. Well, you could see markets

00:13:02.220 --> 00:13:05.559
tank. The Fed's independence is crucial for economic

00:13:05.559 --> 00:13:09.200
stability. Policy needs to follow data, not political

00:13:09.200 --> 00:13:12.440
whims. And due process comes up again with immigration.

00:13:12.740 --> 00:13:15.840
Yes. That case challenges ICE raids where people,

00:13:16.080 --> 00:13:18.100
sometimes including U .S. citizens, are arrested

00:13:18.100 --> 00:13:20.299
and shipped off without basic procedural rights.

00:13:20.700 --> 00:13:23.720
No Miranda warnings, no lawyers, no judge. So

00:13:23.720 --> 00:13:25.559
does the government have to follow fundamental

00:13:25.559 --> 00:13:28.419
rules even during immigration enforcement? That's

00:13:28.419 --> 00:13:30.340
the core constitutional question the court has

00:13:30.340 --> 00:13:32.440
to answer. Then we have the social rights cases.

00:13:32.960 --> 00:13:35.679
Voting Rights Act in Louisiana. Right, a challenge

00:13:35.679 --> 00:13:38.100
to a map with two majority black districts, brought

00:13:38.100 --> 00:13:40.220
by white residents claiming they faced racial

00:13:40.220 --> 00:13:42.720
discrimination in the map drawing, a complex

00:13:42.720 --> 00:13:45.000
VRA issue. And some really emotionally charged

00:13:45.000 --> 00:13:48.220
ones too. Trans athletes? Conversion therapy?

00:13:48.340 --> 00:13:50.940
Yeah, the case involving trans girls on field

00:13:50.940 --> 00:13:53.379
hockey teams and another challenging a Colorado

00:13:53.379 --> 00:13:56.240
law that bans therapy aimed at changing someone's

00:13:56.240 --> 00:13:58.940
sexual orientation. These put the court right

00:13:58.940 --> 00:14:01.799
in the middle of intense social debates. Finally,

00:14:01.860 --> 00:14:04.159
we have to acknowledge that context, the potential

00:14:04.159 --> 00:14:07.000
perception of ideology. The sources noted the

00:14:07.000 --> 00:14:09.340
previous administration won, what, 18 out of

00:14:09.340 --> 00:14:12.539
22 recent emergency docket cases. That kind of

00:14:12.539 --> 00:14:15.299
win rate. Yeah, it raises red flags. It looks

00:14:15.299 --> 00:14:17.789
potentially ideological. which is incredibly

00:14:17.789 --> 00:14:20.409
damaging to the court's legitimacy. And the long

00:14:20.409 --> 00:14:23.590
term danger. It's about stare decisis, the principle

00:14:23.590 --> 00:14:26.610
of respecting precedent. If the court keeps overturning

00:14:26.610 --> 00:14:29.409
prior decisions, especially seemingly along ideological

00:14:29.409 --> 00:14:32.350
lines, it starts to look like law is just, you

00:14:32.350 --> 00:14:35.049
know, the personal opinion of a past court. And

00:14:35.049 --> 00:14:37.570
the public stops seeing them as objective arbiters.

00:14:37.710 --> 00:14:40.049
And starts seeing them as just nine unelected

00:14:40.049 --> 00:14:42.809
politicians in robes. That erodes the foundation

00:14:42.809 --> 00:14:45.549
of their authority. Wow. Okay, so we've gone

00:14:45.549 --> 00:14:49.070
from state governors playing political hardball

00:14:49.070 --> 00:14:52.149
and changing incentive structures through accountability

00:14:52.149 --> 00:14:54.759
failures in courts and corporations. looked at

00:14:54.759 --> 00:14:57.279
a pretty radical blueprint for democratic reform.

00:14:57.639 --> 00:14:59.720
All while the Supreme Court is sitting on cases

00:14:59.720 --> 00:15:01.759
that could fundamentally reshape presidential

00:15:01.759 --> 00:15:04.600
power, agency independence, and basic rights.

00:15:04.620 --> 00:15:06.700
Yeah, it's quite a landscape. What's really fascinating

00:15:06.700 --> 00:15:09.200
is that tension, you know, between the immediate

00:15:09.200 --> 00:15:12.580
political moves like Newsom's tweet clever fixes

00:15:12.580 --> 00:15:16.100
a specific problem and these much bigger long

00:15:16.100 --> 00:15:19.620
term structural changes proposed in Project 2029,

00:15:19.820 --> 00:15:22.389
like that unanimous review idea. And the Supreme

00:15:22.389 --> 00:15:24.889
Court's decisions this term could really push

00:15:24.889 --> 00:15:27.450
things one way or the other. Absolutely. They'll

00:15:27.450 --> 00:15:29.830
signal whether the existing constitutional framework

00:15:29.830 --> 00:15:32.070
is seen as strong enough to rein in executive

00:15:32.070 --> 00:15:34.629
power, or if pressure for really fundamental

00:15:34.629 --> 00:15:37.289
structural reform becomes, well, maybe inevitable.

00:15:37.610 --> 00:15:39.710
It leaves you with a heavy thought. If the highest

00:15:39.710 --> 00:15:41.629
court keeps chipping away at precedent, it's

00:15:41.629 --> 00:15:44.190
stare decisis. Treating past rulings as just,

00:15:44.190 --> 00:15:47.230
well, disposable opinions. What's left? What

00:15:47.230 --> 00:15:49.509
foundational belief beyond the Constitution's

00:15:49.509 --> 00:15:52.049
text itself can citizens rely on to keep faith

00:15:52.049 --> 00:15:53.909
in the stability and fairness of the rule of

00:15:53.909 --> 00:15:54.070
law?
