Glenn Beck: Is 'Slaughter Rule' the 'Courage' Obama Called For?

This is a rush transcript from "Glenn Beck," March 16, 2010. This copy may not be in its final form and may be updated.

GLENN BECK, HOST: Tonight: a panel of experts. One on faith and the perversion of it by the progressive movement. He also knows the origins of social justice. And David Buckner from Columbia University, because he knows real hope, because he knows the truth about the economy and it isn't good.

And Judge Andrew Napolitano, FOX News senior judicial analyst, author of "Lies the Government Told You." You got to read this book. It's a great book. The judge is also here to talk to me a little bit about charity. The Constitution is the way to charity.

David Barton is the founder and president of WallBuilders and the author of "Original Intent: The Courts, the Constitution and Religion."

And let's take it from here. OK. Let me start with the judge.

Judge, they are now talk about this "Slaughter rule" that they are going to pass this now. Do we have the audio yesterday of President Obama saying that he's looking for courage? Could you play that, please? Watch this:

(BEGIN VIDEO CLIP)

PRESIDENT BARACK OBAMA: We need courage.

(CHEERING)

OBAMA: Did you hear what somebody just said? That's what we need. That's why I came here today. We need courage!

(END VIDEO CLIP)

BECK: I have never in my life seen anything so outrageous as what this administration is doing. We need courage — and on the same day, Nancy Pelosi is going for the "Slaughter rule." What is that?

JUDGE ANDREW NAPOLITANO, FOX NEWS SR. JUDICIAL ANALYST: The "Slaughter rule" is named after Congresswoman Louise Slaughter of Upstate New York, who's the head of the House Rules Committee and she has suggested that to Speaker Pelosi that instead of a House members voting on health care, the bill that came over from the Senate, yes or no, that they vote on that provision which will allow them to have considered that the health care bill was already adopted without voting on it.

So, without reading and without voting on it, they are going to send it to the president for his signature.

BECK: How is this even constitutional?

NAPOLITANO: The Constitution requires that before the president may sign anything into law, it must have, quote, "passed," closed quote, both houses of Congress.

The House apparently has a rule, with which many of us who watch these things are unfamiliar because they have been doing it under the radar screens —

(CROSSTALK)

BECK: The Republicans have done it.

NAPOLITANO: The Republicans have done it as well, that lets them consider something to have been passed that they, in fact, never voted on.

BECK: And the only reason and the reason why I play this for courage, the only reason they have this is — why?

NAPOLITANO: Because they don't have courage, because they don't have the ability to stake a claim yes or no, because they want some law to come to pass that is indefensible, so they can go home and say, "I didn't vote for it."

BECK: I — Judge, I've never — I've never seen anything quite like what they're — what they're doing now.

My mother said to me when I was — when I was little, my grandfather and my father said it as well all the time, if something is worth doing, it's worth doing right.

NAPOLITANO: Right.

BECK: If you don't want to do it right, don't do it at all.

If this is truly the transformative piece of legislation — let me ask you real quick, do — does everybody agree here, this will fundamentally transform America, we will not go back to the country that we've known if it passes? Yes?

DAVID BUCKNER, COLUMBIA UNIVERSITY ADJUNCT PROFESSOR: This is an economic game-changer.

BECK: Yes?

NAPOLITANO: Regrettably, yes.

BECK: OK. If this is that important, shouldn't we be doing this right?

NAPOLITANO: The history of human freedom is paying careful attention to procedure. These people don't care about procedure because they don't care about freedom. They only care about power, about getting done that which will give them and their successors more power over us.

BECK: Put up the chart from Phil Kerpen. I'll tell you what — can you put it up on the 103? And I want to go over there.

Judge, will come with me for a second?

Put up this — I got this is from a friend of the show and he's put this — how the president has usurped everything.

NAPOLITANO: Right.

BECK: Just on these. Here's cap-and-trade — pass the House, blocked in the Senate. He goes to the EPA.

NAPOLITANO: Right.

BECK: He says Internet regulation, blocked here. He goes to the FCC. Union card check, here, here, here — blocked. He just keeps going. The debt commission, Senate blocks it. He goes executive order.

Health care, here it is. Reconciliation or now, the Slaughter. He can't get reconciliation, so he goes for the Slaughter amendment.

NAPOLITANO: Correct.

How does he get to do this? Because the Congress has given the president — not just this president, but all of his predecessors going back to FDR himself — so much discretion, so much ability to enact regulations when the Congress can't or doesn't or won't, that this president is now using this power to enact what he can't get through.

BECK: OK. What I said about a year ago, Judge, I was on this program. And I looked right in the camera and I said, Congress, you're out of your mind because you are giving so much power to the president and you've been doing it, as you said, president after president after president. You are going to become irrelevant.

Judge, tell me that Congress is not irrelevant.

NAPOLITANO: Congress will become irrelevant when the president can tell the EPA what to do, the FCC what to do, recess appointments, executive orders that the Congress wants to bypass.

Look, the Supreme Court has said, power that the Congress has, it can't give to the president. But it has done that and this president is using it in the extreme.

BECK: OK. So, now, come back with me. Did you listen to the audio I sent you from Chuck Schumer?

NAPOLITANO: Yes.

BECK: OK. We'll play — we'll play it for you. Let me —let me explain. I have a friend who has a friend — he's a good friend of mine and thinks the way I do — has a progressive friend who said, I'm going to this progressive meeting and I think you should hear some of the things that they're saying. Schumer is there, Harry Reid is there. I've got audio of the whole thing.

Before he goes into the meeting, they said, oh, you have a video recorder. And he said, yes. They said, oh, you can't videotape anything. OK. So, he's got his cell phone. And he tapes it.

And here is Chuck Schumer talking now about what exactly, Judge?

NAPOLITANO: Talking about changing principles in the Constitution, principles that we've held dear for 230 years by a simple majority vote in the Congress.

BECK: How do you do that?

NAPOLITANO: You can't do it. But this is their aspiration and this is their hope to do it. They don't have a filibuster-proof majority anymore, there are things that they can't do without a two-thirds vote. They want to lower that two-thirds requirement to a single majority vote.

I thought I heard him say, "We might be interested in taking a looking at the Bill of Rights." Taking a look at the Bill of Rights! If anything is the central pillar and foundation of our existence as a free people, it's the Bill of Rights.

BECK: Judge, I'm getting hammered because last night, I said who do you think you are, Congress? You do not create rights. Rights come from God. They're given to the people and you are to protect them. You're to protect them.

NAPOLITANO: You are 100 percent correct, but they don't believe that. You say —

BECK: Do they not read — is it not the Ninth, is it the Eight or the Ninth Amendment? It's the Ninth Amendment that says there are other rights.

NAPOLITANO: Correct. The Ninth Amendment says, the rights that are articulated in this Bill of Rights is not to mean that other rights don't exist. There are other rights that exist. We couldn't possibly lay them all out. The government would like to forget about them.

BECK: Right. And the idea is, is these are the things that the government is restricted to do. I've got a lot more rights than what that piece of paper says.

NAPOLITANO: Of course, you do.

BECK: Right?

NAPOLITANO: Of course, you do.

BECK: And so, this — the Bill of Rights was to restrict government. And they flipped it upside and over.

NAPOLITANO: Because they want to take something that is a good, like health care, and claim that it's a right.

A right is the opposite of a good. A right comes from our humanity and from God. A good is something you have to go out and purchase.

BECK: OK. So, let me go here. I want to play the audio of Chuck Schumer. Let me know when we have it. We'll get to it — we'll get to it later in the program. We're still ingesting it in the machinery here which is always a spooky term.

I want to ask you this, Judge: You know and I know in the 2,300-page bill that includes education now —

NAPOLITANO: Yes.

BECK: The control that this government has is endless. They will — if this passes, they will control every aspect of your life, right or wrong?

NAPOLITANO: Certainly with respect to health care and with respect to education. Correct. They will tell your doctor what to prescribe. They will tell you how long to stay in the hospital. They will tell you if you qualify for federal dollars for what your doctor tells you you need.

(CROSSTALK)

BECK: They will tell — they will be able to — there are places in here, that if you can be deemed someone who maybe shouldn't have a baby, they can have — their people come in. The government is in our homes on this.

NAPOLITANO: Bill Sammon, who is our Washington bureau chief, the other day pulled out a quote and I don't remember who said it. But it was a Democrat saying, we have to have abortion in this bill because we need fewer babies and thus, fewer adults to consume health care that we'll be paying for.

BECK: Which is frightening.

NAPOLITANO: Absolutely.

BECK: It's absolutely frightening.

(CROSSTALK)

NAPOLITANO: It sounds like coming from Beijing.

BECK: I can tell you now that there are people in this country — and I beg you, I beg you, you must know that this is the beginning of the struggle, not the end of the struggle. You are nowhere near out of options.

What is the most effective thing that people who are watching right now can do?

NAPOLITANO: To understand their constitutional rights, to confront their senators and congressman when they violate them, to keep their feet to the fire as to how they vote and when they vote for this nonsense — to vote them out of office.

The solution is political. People ask every day, "Can we sue?" No. It is too early to sue. In November, the thing they want the most is to be re-elected. Deny them that.

BECK: OK. Listen, I want to play this audio for you. This is Chuck Schumer. This is in a private progressive meeting. Somebody recorded it, got this tape to me. This is — hey, listen we've got some options here.

Listen carefully to what Chuck Schumer is saying about the rules and the Constitution of the United States. Listen:

(BEGIN AUDIO CLIP)

SEN. CHARLES SCHUMER, D-N.Y.: There have been very interesting papers written that say that the constitutional right, for instance, of the Senate to make its own rules supersedes the two-thirds that you can't change the rules but only when Congress writes new rules at the beginning of each Congress. Every two-year period, when we reorganize ourselves. That's something we want to explore.

(END AUDIO CLIP)

BECK: "That's something we want to explore."

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