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Mark Levin Podcast

Mark Levin Audio Rewind - 2/1/22

Mark Levin Podcast

Cumulus Podcast Network

News Commentary, Politics, News

4.521.8K Ratings

🗓️ 2 February 2022

⏱️ 116 minutes

🧾️ Download transcript

Summary

On Tuesday's Mark Levin Show, the founders warned against an activist court. Where is judicial review in the Constitution? It's not. This power exercised by the Supreme Court known as judicial review started in Marbury versus Madison. Jefferson noted that declaring what the law is, has more influence than every other branch of government. This practice contravenes the Constitution and is an authority given to the Court by itself, not by the framers or We The People. Then, some who advocate for judicial review reject the notion that then VP Pence lacked the authority to send the electoral college votes back to their respective states. The constitution specifically points out that it is the state legislatures that decide and to ignore that would be a violation of the federal Constitution. Pseudo-conservative, leftists in the media, and the Democrats fail to realize that this was the real insurrection. Later, Brandon Straka and his attorney Bill Esayli join the show to tell his story of getting arrested after giving a speech on January 6th at the Capitol. Straka described this past year as a nightmare as his speech calling for a peaceful conservative revolution was later nefariously used against him. Afterward, two weeks later an FBI SWAT team arrested him on multiple felony charges. Straka felt like he was a political prisoner held in 24-hour lockdown inside a concrete cell at one point for 48 straight hours. Straka was offered a misdemeanor plea deal with an unusually harsh sentencing recommendation. It was the government's position that anyone in D.C that day was there to interfere in the peaceful transfer of power. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Ladies and gentlemen, the following segment of the podcast is presented exclusively by Hillsdale College.

0:06.0

For over 175 years, four purposes have defined Hillsdale's mission, learning character, faith and freedom.

0:13.4

Thank you for listening and my sincere appreciation to our brothers and sisters at Hillsdale for their great sponsorship.

0:20.0

He's here. Now broadcasting from the underground command post. Deep in the bowels of a hidden bunker somewhere under the brick and steel of a non-distrib building.

0:34.0

We've once again made contact with our leader, Mike. Love them.

1:34.0

Hello, America. Mark LeVan, our numbers 877-3813-811-877-3813-3811. I hope you'll stick with us. This hour is very, very important.

2:02.0

Our second hour, we have a special guest, Brandon Straca, who was charged on January 6th. We want to talk to him, an old friend of the program.

2:16.0

You know, Brandon Straca, he was a leftist. And he started the walk-away movement for Democrats.

2:26.0

He was a great young guy. He wants to come on the program and explain what has taken place. And I want to make sure he has the opportunity to do it. Before we do, I have been listening to people.

2:44.0

I'm going to talk to you about the issue of January 6th and whether the vice president of the United States, Mike Pence, had the authority to reject or to send back to various states.

2:58.0

There are electric counts. The snideness, the suffigrant diesment of those who insist he had no authority whatsoever, from former federal prosecutors to reprobates with a computer.

3:22.0

It is really quite remarkable. And so I want to circle back on this question because they are 100% certain he did not.

3:34.0

I'm not advocating anything. I'm not a special pleader for anything. But we're going to look at this. And we're going to look at it without the blinding hate for Trump at National Review, with a Wall Street Journal, or these other places.

3:51.0

I think for myself, I study these things myself, the Constitution, the Federalist Papers, Madison's Notes, the state conventions, all that I've studied my entire life say nothing about this topic, zero.

4:16.0

So they point to a statute they was passed, that 150 years ago by Congress, that lays out a process that is to take place as their authority.

4:32.0

Well, I look at the Constitution as my authority. But before we get there, I have a question for you. It all makes sense when I'm done. So you've got to stay the whole hour.

4:44.0

Is the phrase judicial review anywhere in the United States Constitution?

4:51.0

Anywhere under Article 3. When the framers wrote Article 3 and said very little about the court they created the Supreme Court other than in the Federalist Papers, Hamilton said it would be the least dangerous of the branches of government.

5:14.0

Were they promoting this idea of judicial review that the court would have the final say on the interpretation of the Constitution of the United States?

5:26.0

Where is that in the Constitution, Mr. producer?

5:30.0

No, where? It is an implied power. And if you defy a court and you've heard me say it, you can be held in contempt of court.

5:46.0

The court is overridden statutes, federal statutes, it's overridden Congress, it's overridden to President, where did all this power come from?

...

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