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Did Two Presidents Pave the Way for Expansionist Government?

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    Fox News senior judicial analyst Andrew Napolitano talks to Alan about his new book “Theodore and Woodrow” and his take on General Petraeus’ ous...

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We're delighted to welcome to reflect its anti China is seeking judicial analyst for the Fox News Channel.

He has now written Theodore and would -- have two American presence destroy constitutional freedoms helped me tremendously admire both by the way to thank you very much.

And -- -- live have you lose your street cred with your libertarian friends.

And ultimate -- doesn't think the first let me thank you very much for being in the studio with -- yeah this is a lot more modern and hi tech -- kill them when kill -- -- here.

By everybody and he's a conservative senator we liberals -- progressive on that went to acknowledge that you use any lose.

Street cred with my libertarian friends yet many of my libertarian friends admire and love -- -- in part because.

There there is a libertarian streak to you very much so -- and I popular in my book which right now I've discovered this with Jon Stewart Eminem on The Daily Show Thursday night -- and he says yes whenever I call the F because he has a libertarian side of everybody likes to show and their grades at one time there -- while the new book is theater and would -- -- to American president destroyed constitutional freedom one on the left one on the right but what made you decide.

Although theater that did run as a progressive.

For president -- time is part of -- yet you know that that the recent Wilson looked look you could argue from from history the reason he got elected the reasoning defeated.

President William Howard Taft is because of the third party candidate yet.

Teddy Roosevelt as I do want -- back on the White House etc.

that was the first person really -- -- change health care so he was a progressive in many ways.

But -- beyond me that conservatives like John McCain.

Admired Teddy rose yeah because today.

Teddy would be right in the middle of the democratic or not fit in the Republican Party you know correct but tell -- what you might -- -- -- these are not biographies of these two why are these two.

In your book what what do you -- okay did it.

Will without getting too personal you know I -- I'm a graduate of Princeton University where Woodrow Wilson -- torn over what she wants presided as president.

And was steeped in the war that he was a great Niemi with a -- ever really and then it -- fiscal.

-- yeah they have -- -- it's it's the Princeton version of the Kennedy school yeah.

Wilson is so revered.

There is the person who.

I saved the west from the ravages of World -- I.

And I think that ran me over here.

And that saved the country from the ravages of the evil rich.

And theater Roosevelt -- in my youth was so revered as this and -- who believed in a sound mind sound body and and was an example of the man in the arena rather than -- mean person on the side -- just watched.

And I think that history has given us a false impression of the two of them for better or for worse they are the creators of big government.

In the twentieth century they begin a revolution in thinking about the constitution and the revolution has this.

The constitution authorizes the federal government.

To perform any governmental service it wishes to perform.

That is not prohibited to it.

Under the constitution yes that's the opposite of the Jeffersonian model and today -- That model is not only brings embraced by mainstream Democrats it's embraced by mainstream Republicans are equally condemned by libertarian but the idea that you make an interesting point -- -- -- emphasize it.

We're liberals like myself Wasilla doesn't -- -- can't do in the constitution of -- right into it wears a libertarian would say it's got to be specified.

In the constitution we really could be the reason we we say that is a couple -- a couple of reasons one and I think a fair reading of the constitutional convention of 1787 bring to that conclusion.

I think a fair reading of what the founders said -- -- -- the tenth amendment.

Fringe there and our belief.

That the default position is the individual not the -- -- you'll find that belief tempting it.

I'm just an ideal I I I I I promise of a liberal Terry and early enough.

I'm what do you think I may use that phrase be my guess Santa Clara in the same room like god they found on the -- you have my permission you've cooked lunch.

What you talk about things for example like public education one of the things.

That started the mandate that we educate our -- to -- that is part of the incredible wonderful social compact but we have in the United States you object to the notion.

That we have a public.

Education system.

Run by the government that is mandatory Kristen Stewart Anderson -- playing well it's bad for the federal government to mandate which is what Teddy Roosevelt pushed.

It's bad for the federal government to give money to local schools and tell them how to teach and -- this time in our history.

Allen it was a Protestant education.

It was anti semantic and it was anti Catholic and it forced immigrants Jewish Italian and Irish.

But we're sending their kids to religious schools and paying for -- with a little bit of money they earned.

To pay for public schools as well and it was intended to wipe out these private religious competing institutions that's one argument.

The other argument I have as the public schools stink.

And they should have competition they have no competition.

They don't have to -- a product they have guaranteed income if that competition and didn't have guaranteed income -- produce the batteries -- like so should we not mandate though that should the government non mandated that every child -- K through twelve that that has happened depends what you mean and wants only Clinton by the government if you mean the federal government absolutely not because it's not in the constitution if you -- state governments and don't have a problem with that.

I have a problem with making people pay for -- product they can receive and not.

Public facilitating competition when -- Republican -- -- we know security and -- -- no mandatory -- don't syndicate to school no fun whatsoever would have a problem to have because that would produce too much ignorance and OK so then but then this do you think states should mandate education one thing to me and it's another thing to provide.

The state can't provide anything better than private enterprise can except killing people.

There's probably agree with -- -- mandated but not for necessarily provided write what you gotta go through what I like Esther -- I can't get -- if the state student run public schools.

You would have schools popping up on every street corner like Starbucks like McDonald's front and you could choose one that was destined to get you to Princeton.

One that was destined to -- -- repair air conditioners and you would pay for what you guys could you explain to me and ignorance -- exiting arraignments are so ignorant diameter and -- announced.

This issue about the Federal Reserve which I know libertarians keep -- and you talk about it your book I don't understand.

What is the issue.

The issue is that the Federal Reserve.

It's not federal and not a reserve.

It's a private bank that is authorized to violate the laws.

Against counterfeiting by printing money SA violate the laws against counterfeiting as the constitution says only the congress shall -- money.

The congress to authorize this private bank to print money.

And it prints money that it doesn't have.

So when the federal government -- -- that Woodrow Wilson needed cash for World War I he asked the Federal Reserve to print him.

Ten million dollars thirty million dollars fifty million dollars and he part it from the Federal Reserve.

Alan that money is not yet been paid back the judge ruled the data over the -- more money to pay back the original -- was still paying interest so one.

It induces the federal government to spend money that it doesn't have to when you enter more cash into this into the stream of commerce.

You reduce the value of the cash that's already there so with the exception of the people into whose pockets this goes immediately.

Everybody's house everybody savings curb these assets are -- cash.

Loses the dollar worthless so what do you do what's the answer that you just do away with the Federal Reserve -- -- -- with the Federal Reserve we have commodity backing of cash like it like gold or gold or silver that would prevent the government from creating cash.

It would force the government only to spend what it -- it could only -- money that that is backed by gold.

Here's here's an example and I know there -- lies damn lies and statistics.

Mark -- but here's an interesting statistic.

From 1776.

To 19:12.

Before Central Bank -- there are few periods we have it.

The value of the dollar goes up 8%.

From 1912.

To 2012.

During the -- of the Federer serve.

The -- in the dollar goes down 92%.

Why because they flood the market with cash floating -- with cash lets the federal government.

Create the impression that it has more cash than it has.

And it's paying back its -- it's not paying it back with funny money.

That it's still have to pay back to the originators of the money the people and on the printing press judge -- -- -- on his political Theodore and Woodrow theater Roosevelt Woodrow Wilson.

You don't believe in federal income tax we should not at a federal income and no I don't I don't I think that the that income taxes theft and I think that the federal government should let me that the that the only legitimate.

Moral.

Transfer of wealth is a voluntary one and he pay for the army.

While the federal government paid for an army through the civil war.

The federal government can pay for an army in a variety of ways.

I don't think we need an army across a trillion dollars a year by creating I don't think winning an army that occupies and builds nations in the Middle East that don't want us can't use some women winners were in Louisiana so I wouldn't be paying for an army that is the size in the cost of the one we have now but it certainly can be paid for by excise taxes by that rental federal property for example.

If you buy a BMW -- the rise at the port of New York the port where -- is owned by the federal government.

So the federal government can charge you for the cost.

A bringing that BMW into that port that's how the government survived through the civil war.

And up to the income tax of of -- -- rules -- states can Levy taxes right property taxes or other kinds of ten while -- have a problem with property taxes as well because again that's forcing me to pay for services that I that I -- that I didn't bargain for C in my world.

The government wouldn't be doing the things that does that we -- -- asked me how with the government pay for fill in the blank.

In my world it wouldn't be doing now fill in the blank that would be done by private and of course I would even have a standing army.

Yeah we have -- -- an army or military.

Ready to be summoned in a time of crisis but I don't rent so dependent on probably the Hollywood fairly mechanized and I exaggerated a little not too much OK so.

States it's how -- -- how would you pay for the things we did that we need to do.

And it's a government that ultimately you and I would probably disagree and what the government needs to do for example in my world the government wouldn't -- hospitals.

They again would be competitive didn't -- we depend on private enterprise who has a profit motive though we do the right I'll get the profit motive will always produce the best product for the lease costs when it has competition.

But when the government has cartels and some monopolies there's no competition we've seen the reason the reason our colleagues like like -- kill me.

He's he's talked about this publicly suffered so horrendously.

In the storm.

In hurricane sandy is because light of the Long Island power authority has no competition -- have guaranteed income -- no competition so.

That they don't lose anything they do allows you assuming that many flowers will bloom compositional automatically -- -- and I know that that's an imperfect mom I know it doesn't always happen.

But it hasn't had a chance to happen.

He has since the progressive era because the government has monopolized directed controlled.

And cartel -- to the forgive that -- Some money activities -- want to take a quick break back.

And -- company Tucker vegetable.

And would go to new books a -- American president destroyed after completing.

Before we get the data because the -- you talk about and your libertarian philosophy here we just had an election we Gary Johnson Libertarian Party candidate.

But what percent of the vote why is your philosophy not doing better among the -- voting.

Electorate.

Well I mean the couple inches girl and make them brief because of limited time yeah the first the the two political parties have controlled the debate -- -- since -- Ross Perot.

That participated in 92 and got 19% of debate they're never gonna allow a third party appear.

If Gary Johnson who's an imperfect messenger but as -- as -- -- Devoted and passionate messenger -- a big fan of yours and you're on an advantage if Gary Johnson and appeared at those debates he probably would've gotten ten or twelve or 15% certainly -- challenged Mitt Romney and divided him for many Republicans are divided the president.

From many civil libertarians many people want -- -- recreational.

Drugs.

And people who don't like war.

The second reason is that the federal government finances campaigns and even -- -- Ronnie and and Barack Obama raised a fortune.

They started out but about a 18990.

Billion of -- -- campaign -- you're philosophy literally every chance of a finding its way in the electoral system incorrectly of two party system -- well well you know Ron Paul did pretty well yeah but not nearly as well as as.

-- -- -- Yeah yeah well in large measure because of these this is very critical of Republicans too by the way in your book -- -- -- let me talk to you about the David Petraeus situation.

What is at the FBI's business what happened -- be behind me involved and it's a personal matter are -- laws are broken.

And no security was compromised whose businesses like I agree with the essence of each of your questions I don't know if you're challenging an -- -- time I'm I'm asking you because I feel I feel that there's no crime and on national security implication so the FBI should not be involved could to a mansion.

The FBI is listening.

To the talking to -- -- communicating to his mistress.

And the head of the FBI who -- the president every week and tell him this.

This is -- -- cantor did that this elephant into the crime and nothing to do a national security the FBI should have nothing to do little I don't believe the government's version.

I believe there's a country of people in the government who were out to silence David betray -- Because he -- -- -- version of events with and Ozzie.

That the government can't substantiate like to give you suggestion.

And guys in.

The consulate was a CIA prison you know at at which al-Qaeda were being tortured.

This is against federal law and it's against the president's executive order and it's against what the president says he stands for if this was happening.

It would be almost impossible for him to justify it now he may not have to justified but he does have to seek reelection again and -- -- of happened and it might get that the president would know about it but it I would if the president didn't know about it than he has people under him were disloyal to him.

Look at the C honey.

The the that got in General Petraeus.

When he was nominated to be.

Director of the CIA.

Underwent an FBI investigation.

I've undergone such an FBI investigation I know how -- when I was nominated to the federal bench I know how -- that is.

They would have examined his visitor logs they -- seen the number of times that -- broad well visited him they would have interrogated her.

And everybody around him.

There's no way they didn't know about this and didn't tell the president about it what is still a general -- and unless that was after he was a -- supposedly this affair happened after he was in the military well then why is it that we now know.

That the military around him were whispering about this and fearful that it would become publicly is that we have the annual along I'm -- -- -- -- I knew all along and somebody spilled the beans.

To embarrass David Petraeus out of office on the matter that was not criminal.

Was not not betrayal of that country was a betrayal of his wife.

That's between him and his wife however -- if you're the head if it cheap spy in the country could you be blackmailed and -- blackmailing -- nonsense first of ball.

Having an affair is not an end -- That that would cause.

Blackmailing.

A person.

And and cause them to interfere with national security especially when everybody around them was aware of the affair including the president who nominated him and the senate -- and -- they think the president knew about the -- long before -- -- -- the president didn't know about it -- the FBI and the people that advise the president should -- figured -- he -- -- -- on Thursday the day two days after the -- He then somebody kept vital information from the president that he should have known about before -- betrays its name to the senate.

If indeed you are pretty much -- it but if -- the affair happened after he was sent to the senate for confirmation as is the narrative we're hearing that and it's not criminal it's not national security and it's -- -- the FBI's business and only started because of this jealous woman Kelly and the pair -- bid and an orange shirt bare -- FBI agent that was our friend.

If FBI investigations are going to begun out of jealousy and sexual angst.

There is no longer will feature this general Allen no longer be part of this surge is being -- -- way to balance a different story.

Because -- is subject to the uniform code of military justice to which David Petraeus is not since he's no longer active duty military.

-- -- Exchanged thirty.

Thousand emails with this woman Kelly in five years that's about a hundred a day and how he can get his job to.

So -- Could he then.

Illegal yes because he could be prosecuted for conduct unbecoming an officer Petraeus cannot okay the book by -- -- -- volatile to be abandoning Petraeus -- civil liberties he may be a -- -- -- lousy husband but he has the same constitutional rights as the residence that's what you ended when in fact.

Libertarians -- about that it really not again I'm in your camp when SC SI don't think it's anybody's business that was Bill Clinton.

Bill Clinton's behavior should have been -- -- correct I was wrong band and I agree with him in other words you're you're one of those people -- thought he should have been -- yes and I think it was a political -- and so you would not for -- but -- he -- -- -- as a -- you would -- that's -- -- -- that's that's a different story -- -- -- profound violation -- of the government's ability to regulate itself and therefore should -- be impeached should -- have been impeached for -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- For the Fox News Channel and the -- would go his latest book how to American president destroyed constitutional freedom I thank you judges dollars a -- tonight thanks for having -- --