Judging Freedom - Daniel McAdams : Do We Still Have a Constitution?

Episode Date: June 11, 2025

Daniel McAdams : Do We Still Have a Constitution?See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

you Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Wednesday, June 11th, 2025. Dan McAdams joins us now. Dan is the executive director of the Ron Paul Institute and the co-host of the Ron Paul Liberty Report, a terrific podcast devoting itself to the defense of personal liberty. Dan, it's always a pleasure. You and I are longtime friends, but thank you very much for being here.

We will talk about international events in a few minutes, but first I want to dive a little deeply into the Constitution. Does the Constitution still work as an effective instrument of restraint on the federal government? Well, I think it works as an effective PR tool to politicians when they want to break it. You know, it's quite funny to see, certainly you see it on the left with the Democrats defending the Constitution when they think that Trump is overreaching in certain areas, lately in civil liberties, I guess they would say, in the US. And of course, the Republicans like to hug the Constitution as much as they can until they want to violate it, like going to war without authorization or without a legal declaration of war, etc.

So it's basically become window dressing for people who want to behave badly. I mean, I have often argued, and you've been in the room when I've made these arguments, that there's a formal way to look at the Constitution in a functional way. Formally, it still applies. We still have a president, we still have two houses of Congress, we still have a judiciary, but functionally, the Congress and the judiciary look the other way when presidents become tyrants. Something Jefferson warned against, I'm looking at the Wall Street Journal of all places because they love a big big executive power. The tyranny of the executive power will come in its turn. He wrote in

1789 when he had doubts about whether or not the Constitution should be confirmed, ratified, but eventually he went along with it. Why does the Congress and why do the courts look the other way when presidents do things like start wars, kill people, put troops on the streets? Because unfortunately, with a very few exceptions, judge, as you know, we're, we're quote unquote ruled by cowards. The people who occupy the seats on Capitol Hill are with a couple of unquote ruled by cowards. The people who occupy the seats on Capitol Hill are with a couple of sections, complete cowards. That's why they do not want to have

declarations of war. I served for about 10 years for Dr. Paul on the House Foreign Affairs Committee and I know very well the arguments they made in the run up to the Iraq war, why they didn't want to declare war, because when things go badly, they don't want to have the fingers pointing at them. We saw the same thing with Yemen. They didn't even bother. They're not even trying to pretend. They're not even phoning it in in places like Yemen when the president spends upwards of, you know, a billion dollars bombing Yemen without even an approval from Congress. So if it goes badly like it did, but thankfully for Trump, the press didn't cover it as it should have, when things go badly, when we don't win a war, Congress could say,

well, it's not up to me, it was the president's doing, it's not mine. I think you're 100% correct. About 10 or 11 years ago, I was hosting a show on Fox News and I was interviewing, he just passed away, the late Harlem Congressman, Charlie Wrangel, he had a voice and talked like this. He was a real character, very beloved person, whether you're greeted with them politically or not, a very warm individual. And right before the show came on air,

President Obama gave an address to the nation from Brazil gave an address to the nation from Brazil where he was either on vacation or on a presidential trip announcing that the government, the CIA, not the military, was bombing Libya. Bombing Libya. And I looked at Congressman Wrangel, I said, did I miss something? Did you guys declare war on Libya? No. You can do anything about it? No. Why not? For the reason you just gave. If it's successful, we'll applaud him. If it's a defeat, if it's miserable, if it's a waste, if it slaughters innocent human life, it's his political problem and not ours. I submit to you that that is a rejection of their oaths to preserve, protect, and defend the Constitution, which strictly limits the war-making power, not waging, making power to the Congress. And it's gotten so much worse, Judge. You know, when I was working with Dr. Paul on the Hill,

we developed a broad coalition of beyond left and right, which is sort of the basis of the Ron Paul Institute. But we would work together, Dr. Paul would work together with Dennis Kucinich, with so many people on the right, with Jimmy Duncan and others on the left to put a steady stream of resolutions out there, demanding of a privilege resolutions based on the not very good war powers resolution from the 70s, but nevertheless there was a clause that enabled these things to be brought to the floor and voted on. You're not even seeing a show of that these days. You're not even seeing any attempts to reign in the president. Yet, when the president has, in my view, legitimate constitutional authority

within reason, which is to make foreign policy. Well, then you have little Lindsey Graham, Sante, you know, going over to Ukraine and meeting with President Zelensky and literally undermining the president's foreign policy. So they want to have it both ways. They want to undermine the legitimate policy, but they don't want to take responsibility for their own obligations. I mean, you would think that the president and Senator Graham were in different parties. That's the nature, extent, depth, and breadth of his undermining. He has actually threatened the president with legislation that he claims as 80 co-signers. I haven't seen their names

yet, although we know Richard Blumenthal is one of them, which would prevent any kind of a deal with Iran, about which more later, that would permit any enrichment of uranium and would provide more aid to Ukraine and impose sanctions on Russia. Well, these are foreign policy decisions which under the Constitution are made by the Congress. And yet you have Senator Graham trying to cajole, threaten, coerce his Gothen buddy and longtime friend since they kissed and made up after the primaries in 2016, who happens to be in the same political party because Senator Graham likes war for war's sake. And Trump, though he could stop the war in Gaza like that, and though he could stop the

war in Ukraine, not quite like that, but he could stop it, claims he doesn't like war. Do you believe Trump when he says he doesn't like war? I Believe Trump knows what got him elected and I think he certainly knows that the MAGA base Does not want this this war doesn't want these wars certainly not the Ukraine war I think it's probably divided on Gaza to a degree But the numbers are breaking in our direction in terms of those of us who want to see an end to the slaughter. I mean, there was a recent poll that came out worldwide of views of Israel and the U.S. Over 53% of Americans do not have a favorable view, and that includes Republicans. And that's been confirmed over and over this year, a Pew poll, a Gallup poll showing that the

Americans even including especially younger Republicans judge, which is interesting, which is why you see these efforts to ban TikTok in other ways that they communicate, you know, and I guess from now on, they'll only be able to receive press releases from Lindsey Graham if they want information. But nevertheless, younger Republicans are absolutely opposed to one. I think Trump understands that. I also think Trump for all of his bluster, I'm no psychiatrist or psychologist, I think he's fundamentally a weak person. I think he lacks some self-esteem perhaps and that's responsible for some of the bluster and unfortunately he's pursuing Biden's policy in Gaza. He's saying you guys should really stop doing this. I'm getting really frustrated with this. But as you say, a judge, he doesn't do a thing about a thing to stop

it beyond the occasional phone call with Netanyahu saying, you know, you guys really should stop doing that. And in fact, there's even more parallels because this member of the absurd peer that Obama built, God knows how much money he spent on this. Not a single person got a single meal from that. In fact, I think a couple of service members were killed. A complete joke. Well, the same thing is true now with this private corporation, this private NGO that is supposedly distributing aid in Gaza with the blessing of the United States, when all they're doing is putting up a distribution points, calling the starving Palestinians over and as soon as they get there en masse, the Israeli soldiers open fire on them and kill them. It's happened over and over every single day this happens.

So there are parallels even just beyond the rhetorical ones. And why doesn't the the public have a moniker for Donald Trump similar to genocide Joe? Yeah, well, I think one of the problems that we've seen, I mean, as a person like myself not coming from the left, is that the protests against what's happening on Gaza have been dominated heretofore by people associated with the left. And who knows, maybe the whole thing is a PsyHOP to make sure that the square isn't circled and the conservatives don't join in. You may have seen some things I've written and some things that we've said on the show,

Judge, where I've said, where are the pro-lifers? Where are the pro-life right-wing conservative Republicans standing up for life in Gaza? That doesn't mean you love Hamas. Of course, that's the Israeli talking points. If you raise the slightest objection to what's happening in Gaza, you must love Hamas. Of course, that's the Israeli talking points. If you raise the slightest objection to what's happening in Gaza, you must love Hamas. Of course, that's wearing thin now. The only thing that's really backstopping this rhetorical war against those who are opposed to the genocide is Congress itself, who I believe Marjorie Taylor Greene mentioned yesterday has just passed its 26th resolution condemning anti-Semitism in America.

That seems to be about the only thing they can do. Wow, well, if they could, they would stifle free speech. We know that. Here's the head of Save the Children on June 8, so late last week, talking about how no aid is getting through to Gaza. Donald Trump doesn't give a damn about this or doesn't appear to, doesn't do anything about it. Chris, cut number four.

So since March 2nd, Save the Children has been able to get nothing in whatsoever. Even though the blockade's over? Even though the blockade is formally over, we haven't been able to get any of our, the 50 trucks that we have around Gaza on the border ready to go in, we haven't been able to get anything in. So our staff are operating currently still with what we have around Gaza on the border ready to go in, we haven't been able to get anything in.

Why? So our staff are operating currently still with what we have. We have dwindling stocks, medical supplies, therapeutic malnutrition treatment for children, very young children. We're still working where we can and delivering goods while we can, but these stocks are dwindling fast. That woman was John T. de Riptow, the CEO of Save the Children describing a very deplorable state of affairs. Could you imagine any other country on the world in the

world that killed starving babies while they were trying to grab food and water and getting away with it the way Israel does. And no one says a word. If you remember, Judge, the first time that hospital was bombed after October 7th, Israel was up in arms. We would never bomb a hospital. This is outrageous. And then they proceeded to bomb every single remaining hospital in Gaza. You know, I think, and they're no dummies. I mean, the first thing they did was to demonize the UN agency that distributes the aid to the Palestinians in Gaza. They were demonized to the point they were not able to work there, to operate there.

So you get this phony sort of CIA-backed, Mossad-backed food aid organization that is just basically providing target practice for Israeli soldiers. But you know what's interesting, Judge, is a very unlikely hero slash heroine has come out of this. And you and I both believe in redemption. But Cindy McCain, the widow of late John McCain, has come out in no equivocal terms saying there is starvation going on in Gaza and relief is being blocked. So I have to say I was pleasant, you know, in the time when I am extremely depressed, Judge, I was extremely surprised and impressed by her courage in this matter.

When I saw the clip that my producer Chris Leonard gave me, I said, is this the same Cindy McCain? Is this John, the late John McCain's wife? And it is. She has devoted herself to an effort. I don't know if her husband would agree with this or not, but there's no sense getting it from that. He's rolling around in some corner of hell. I shouldn't say that.

That's probably a sinful to suggest. I know what you mean. You're saying that in a political, not in a moral sense, but she is really sticking her neck out. And you're right, we do believe in redemption. Do you think we are about to engage in war with Iran? Do you think the US is about to attack Iran?

That Trump has caved to Netanyahu and the Zionists around him? I don't know, but this is a really weird day, Judge. I've been watching very closely all the channels I follow on Telegram and elsewhere, and apparently the US has issued orders for every one of its military bases in the Gulf region, as well as the U.S. Embassy in Baghdad, which is the largest U.S. Embassy in the world, if I remember correctly, that all non-essential personnel, all non-combat personnel need to evacuate. There have been also some extremely unusual warnings from the British maritime organization

that warns of activity in the region. Is the U.S. about to attack? Probably not likely. Is Israel about to attack? That's possible and to try to draw the U.S. in. Or is it all bluster in advance of the Sunday talks that are coming around? You know, unfortunately, we don't have a crystal ball. We don't know. But this is extremely unusual activity that's happening here. Unfortunately we don't have a crystal ball, we don't know, but this is extremely unusual activity that's happening here. And a couple of other factors are that the, I believe as a foreign minister of Iran said today that if Iran is attacked by Israel, Iran will hit every US military base in the

region, which they have absolute every capability of doing. So that might be that might be part of it. We were told there are many troops there are on those on those bases. Ninety fifty thousand of ninety thousand troops. Yeah, Trump was going to put them in harm's way without a declaration of war. You can't legally declare the Congress can't legally declare war under the treaties we've signed because Iran poses zero, zero threat to American national security. It may keep Bibi Netanyahu awake at night, but it doesn't keep Americans awake at night.

Yeah. Can you imagine, God forbid, even a thousand or five thousand Americans dying within the first couple of minutes of an Israeli Strike on Iran what that would do to Trump's presidency. He I think he has a very keen Obviously, he's very good at understanding how to survive and I think he would that there's no way He's not seeing how what this might do to his presidency if even a thousand But what about if you put a couple of zeros after that? It's got to be us. It's hard to imagine. Here's that clip of Cindy McCain that I was talking about from two Sundays ago.

Well, five days ago, Prime Minister Netanyahu vowed to take control of all of Gaza, which seems to be a shift from going in, carrying out raids, and then withdrawing. We've seen the Pope speak out. We've seen the leaders of France, of Canada, of the UK calling the cutting of aid egregious. Netanyahu said criticism like that is feeding Hamas and really feeding anti-Semitism. What do you make of that pushback from him, that criticisms of the state are feeding hate? What I do know is they're not feeding people.

And the most important part of this is that's what we're supposed to be doing. I'm very grateful for anyone, the Pope, any of the folks that did shout out and say, listen, we need to get more in. But I can't tell you as to what exactly what Netanyahu's thinking or anything else. What I do know for a fact is that we need food

to get into Gaza to avoid an utter catastrophe. She's right on the mark. And it was a great play on words, the way she turned the word feeding around. I thought it was actually more articulate than her husband was but yes we shouldn't be dumping on her husband uh god bless her for what she's doing but dan it doesn't have any effect trump could tell netanyahu in a phone call let the trucks in or i'm sending the marines in to drive the. Don't lay, don't harm a hair on the head of any of my Marines. Crickets.

Nothing. I mean, I do think momentum is building, but it's painfully slow, as it was with the realization that Iraq was a mistake, after so many of us were screaming at the top of our voices for years. Same with Libya. Same with Syria, well, where Al Qaeda now runs the place, as many of us warned at the time. That's a great foreign policy victory. Let's put Al Qaeda in.

Let's put the head choppers in. But I think there's a realization that's happening, but it's painfully slow, especially for those of us who have to look at these pictures every day, force themselves to look at the pictures every day of children starving with limbs blown off, crying with their faces bloody. Instead of sending the Marines to Gaza, he sends them to Los Angeles. I mean, I've been arguing all week, and I'm shoveling against the tide here, but I'm arguing all week that the president doesn't have the authority to do that, that troops cannot engage in law enforcement

absent an explicit request from the governor. That's not me, that's the Supreme Court and the Constitution. Yeah, and well, there are a lot of libertarians on board without the Defend the Guard people, I'm sure they should be concerned about the president's ability to do this, especially without a formal declaration of insurgency

or whatever the term is. But the other issue, Judge, is that Marines aren't trained in law enforcement, nor should they be. They're trained to shoot people and blow things up, which they should be. We want people to do that, but not in LA. Right. Right. What they're going to do there, I don't know are they gonna be armed I hope not are they gonna do anything more than protect federal assets if they do it's unconstitutional Will a judge invalidate Trump's calling out of the Marines? I doubt it I doubt even the most libertarian of judges this one would but I'm no longer on the bench I doubt even the most libertarian of judges

Would would invalidate that. Well, you know, we're put between a rock and a hard place because obviously people that come here illegally, well, they came in response to a magnet, you know, a free stuff magnet. Correct. Of course, many of them did. Not all of them, but many of them did. But people that are here illegally do commit crimes over here with impunity in blue states, especially.

We agree that something should happen, but we're put in an unenviable position where we are kicked in the face by both sides if we oppose the idea of Marines in the streets. We forgot 1970. Yeah. My friend and colleague and correspondent on all of these things, Alastair Crook, just texts me, something is up in the region, possible beginning of attack on Iran that would be consistent with what you just said about evacuating American embassies. This would be an immoral attack and the consequences for Israel itself will be disastrous. The thing I wonder about, Judge, I'm glad that Ambassador Crook phoned in because I'm one of his hugest fans and I have been for many years and I'm really happy to see him on your show regularly. I've read him forever. But the other thing that I wonder about this, and I wish you were with us,

because I would ask him, is that apparently Iran recovered a treasure trove of Israeli intelligence on some of the technical aspects of their nuclear weapons program and facilities, and they've made a big deal out of making that public. And one of the things I wondered is if Israel feels some sort of time pressure to act against Iran before Iran is able to digest all of this intelligence and make the adjustments accordingly to be far more lethal toward Israel. We saw on October 1st of last year how lethal they already are when they destroyed that Israeli air base and intel facility despite

the propaganda saying they didn't get anything in. We can see with our own eyes. So I wonder if that's a factor. I wonder if Mr. Crook would have a view on that or some of the other guests who are also my good friends as well. But I suspect that could be a factor. Here's General Michael Corilla, who is the head of CENTCOM, which is the region in Europe that controls the American military in the Middle East, telling Congressman Mike Rogers we're ready to go. Watch this. Mike Rogers is a notorious neocon.

This is the other Mike Rogers, two by that name, that they're both the same in ideology. This one's from Alabama. Cut number 11. President Trump's made it clear that if Iran doesn't permanently give up its nuclear enrichment military force by the U.S. may be necessary. If the president directed, is CENTCOM prepared to respond with overwhelming force to prevent a nuclear armed Iran? I have provided the secretary of defense and the president a wide range of options. I take that as a yes. Yes.

Wow. How this is going to be justified constitutionally, legally, and morally is beyond me. The only justification is we're doing it as a favor to BB, but that's not a moral constitutional or legal. That's political. The problem is it was a trick question in a way, because President Trump has not made it consistently clear that any enrichment is off the table. mixed signals and even, even Wittkopf has given mixed signals as to whether they would be able to enrich to this 3.6%, I believe it is for civilian purposes.

And that's one of the reasons the Iranians have been so confused and frustrated because, and we actually did the show about it today with Dr. Paul, it's almost like I was, I titled our show rollercoaster, but it's almost like a shell game where each time the Iranians pick up a show that they think has the ball in it. It's over there somewhere else because they keep moving it around. And I don't know if that's by design. But it's maybe a way to do business to do real estate in New York, but it's a hell of a way to do foreign policy judge. Right. Right, right. Dan, it was a pleasure, my dear friend. Chris did try to reach Ambassador Crook to see if he could join you. We can't seem to get through them, but one of these days we'll have you on together. Fantastic. All right. Thank you, my dear friend.

All the best. Thank you, sir. Of course. Thank you for coming on the show. And coming up at four o'clock is former British diplomat Ian Pr ian proud tomorrow a full day for you. I'll go through it now at one o'clock Professor glenn deason at two o'clock professor jeffrey sacks at three o'clock professor John meersheimer at four o'clock if we can find him and I think we will because he's hot under the collar We just got kicked out of another press event. Max Blumenthal. That's tomorrow afternoon. We'll see you at four o'clock with Ian Proud, Judge Napolitano for Judging Freedom. MUSIC