Challenging Liberty

" Hello and welcome to freedom watch your daily dose of raw liberty streaming online -- foxnews.com. I'm your host judge -- and a prop -- here defending freedom. Defending your natural rights and defending your right to have a government that stays within the confines of the constitution. With few exceptions American presidents have violated the constitution with -- John Adams prosecuted as political opponents for their free speech. Lincoln suspended the writ of -- this corpus and sent soldiers to kill civilians rob banks and -- courthouses. Woodrow Wilson locked up those who spoke out against the great war World War I. And with few exceptions many of them were never charged never saw a lawyer never even saw a judge. George W. Bush drugs such contempt for the constitution. But he authorized spying without warrants incarceration without trial and waged a war without congress declaring one. But no president in history. Has violated more parts of the constitution. Aroused more condemnation of those who love freedom and brought us closer to a socialist state. Ben Franklin Delano Roosevelt. FDR closed banks confiscated property. Invalidated private contracts. Regulated prices and wages arrested Americans on the basis -- ancestry and even let the Japanese -- defenseless Pearl Harbor. He was at first praised by many of the liberals and his own party. And then as the depression worsened and -- his authoritarian rejection of American values became more apparent and made it worse. Many of his own folks even turned on him. It has been argued persuasively. That FDR's utter contempt. For limited government and individual liberty and the free market. Actually created a new generation. Of classical liberals today called libertarians. Whose initial love of liberty was first challenged by him. My next guest has made just such an argument recently. He and I believe that FDR single handedly -- the need to watch whatever the government does. Joining me -- I was -- associate editor at reason magazine what -- FDR doomed so aroused hatred even into the present generation."

" About the very long list judge. He. He -- he can threaten to pack the Supreme Court with justices who would uphold the new deal. He passed a he pushed forward legislation that as you said would would regulate wages and prices could tell you how much -- be charged Agassi -- Which you could pay someone what minimum maximum wage is where I mean he. He brought forward this nightmare of central planning and attempted to make it real across the country and and and correctly from -- its name and a lot."

" Of the central planning was monitored. But local boards when they did this in the Soviet Union they were called Communist Party cells. But here they will -- they were called local boards that were about five. 500 of them around the country that would go into your shopping there's a reason we picture likely because -- notorious case in New Jersey. And make sure that you weren't overcharging. Or under charge."

" That's right there was they added dry cleaner Jacob -- and I believe his name was who charged five cents less than what the the national recovery administration code was. And -- was in violation of law for under charging as you say so what you have is this is this around. The system whereby every aspect of the economy is regulated is monitored. Is you you're telling the individuals at the UI can't sell to you you can't sell to -- you could only charge a certain price. It's this absolute you know centralization of power reaching every aspect of people's lives --"

" About the generation of observers of FDR. Journalists and commentators of the day who welcomed his defeat of Herbert Hoover and ended up becoming someone -- biggest adversaries. One of whom was his predecessor as the governor of New York -- liberal Democrat called -- Smith."

" Al -- the fascinating character from this era because he's a four term governor of New York he pioneers. On the state level many of the reforms that the new deal puts in place in the national level. What whether it's out rent control wage and price controls things like that unemployment insurance workers' compensation etc. it's Federer at -- And but yet he's finds that the new deal this is going too far and in his inspiration is the prohibition of alcohol the eighteenth amendment and what he -- his. Is these good intentions let's say of anti alcohol -- Just run amok on the national level and so you've got the rise of black market Al Capone. They just the crime waves associated with alcohol prohibition and he sees -- this is too much power to the central government to have so the very things that he supports in the state level. He says it's going too far with the new deal and speaks out against Roosevelt."

" Because he understood that there's an area of human behavior legitimately lawfully constitutionally. -- bull by the states. And that is not an area that the constitution -- in the federal government regulation. Now that's correct he he understands federalism. At at that at the at the most basic level and he also understands just the terrible risks of having giving too much power to the -- one of the things that today FDR did and -- Democrats -- controlled congress let -- twos do which really aggravated a lot of people was to rule by fiat. And then have the rule codified into law for example it was FDR. On his own by signing a piece of paper that suddenly made criminals of tens of millions of Americans who own gold. Gold which could build a lawful millions of exchange for hundreds of years for the life of the country something you -- criminal if you didn't give your call to the government. He did that on his own and weeks later but congress enacted legislation that authorized them to do what he had already done."

" for the for the past eight years we've seen people on the left complain about executive authority from the -- bush mistress and and folks on the right and libertarians criticizing bush. But yet this love affair that we see now on the left with FDR and comparing Obama to FDR we're talking an FDR a president who pioneers this. Abuse of executive power of of unilaterally. Making law criminalizing behavior on to be nice to see some consistency. That if if big government and big business shouldn't be in bed together then we don't want it on the left side we don't want on the -- that you know when he tried to pack."

" The court when he tried to change the laws so that he could appoint. Any new federal judge or Supreme Court justice. For every sitting -- justice who had served ten years and had reached age seven he has not -- retarded to sort of meet these numbers up. On on their own. It was soundly defeated in the Senate and because it was defeated the sent never even voted on. In the house. -- It had its effect it's sort of chasing the Supreme Court. Because the same Supreme Court that invalidated the national recovery -- But very guts of it is all regulate the economy from Washington DC suddenly started whistling a different -- was the same nine persons on the --"

" the switching time is you know that saves nine. In in 1935 when the national -- actives is struck down its unanimous so this is not just the conservatives on the court this is all nine justices on the court say this is too far. And then just a few years later. You have the west coast hotel decision where the Supreme Court. Takes a step back and says all right we're we're gonna play ball as you say they're chastised they're scared. Of just the the power that this president can we I I know we can talk about this for hours and maybe it's an -- last question but you and -- talked about this in different places at different times. The constitution. A pact with the double. Or protector of human freedom watch guys you know I'm with up Frederick -- constitution is a glorious liberty document but that's interpreted correctly. So and I don't think it's that hard interpret the constitution correctly I think you can read it you can understand that this protects natural rights individual rights. -- think of it as a gap a small island of government power surrounded by -- sea of rights the sea of liberty. So we we give the government a little bit of power but we retain. Many many rights and -- and stuff and we as Thomas Jefferson said hold down the government with chains. Unfortunately has changed from broken Damon route from reason magazine it's a pleasure thanks for joining us."