Logo

    The Human Toll of Too Much Law | Justice Neil Gorsuch

    enAugust 11, 2024
    What does Gorsuch believe about North Korea's Bill of Rights?
    How does Gorsuch connect lawmaking to individual freedoms in America?
    What are the dangers of concentrated power in government agencies?
    How has the erosion of social trust impacted legal systems?
    What is the significance of checks and balances in governance?

    Podcast Summary

    • North Korea's ineffective Bill of RightsDespite having a seemingly ideal Bill of Rights, North Korea's lack of power division and check-and-balance systems makes it ineffective in protecting individual freedoms, similar to the intrusive growth of lawmaking and regulation in America that poses a threat to liberties when power is concentrated in the hands of unelected regulators and an overburdened legal system

      Learning from this discussion with Justice Neil Gorsuch is that while North Korea may have a seemingly ideal Bill of Rights on paper, its lack of power division and check-and-balance systems makes it an ineffective safeguard for individual freedoms. Similarly, the intrusive growth of lawmaking and regulation in America, as discussed in Gorsuch's book "Overruled," poses a threat to individual liberties when power is concentrated in the hands of unelected regulators and an overburdened legal system. Gorsuch emphasizes that this issue isn't solely the fault of any individual institution, but rather a complex issue rooted in the erosion of social capital and the human tendency to seek security through laws and regulations.

    • Excessive law and trustAn excessive amount of law can erode liberties and equality, while trust, established through human connections, can reduce the need for law. However, as society has become more isolated and trust has eroded, the role of the state and bureaucracy has grown, leading to an increase in rulemaking.

      While laws are necessary for society to function, an excessive amount of law can be detrimental to our liberties and equality. Trust, which is often established through human connections, plays a significant role in reducing the need for law. However, as society has become more isolated and trust has eroded, the role of the state and bureaucracy has grown, leading to an increase in rulemaking. Wilsonian administrative state theories from the early 20th century provided the intellectual foundation for this shift towards governance from above by experts. Madison, on the other hand, believed in the value of the wisdom of the masses and the importance of checks and balances in our system of government. The increase in the length of the US code and the number of people serving life sentences in federal prison around 1970 may be linked to both social trust issues and the structures of government that were fundamentally changed in the early 20th century.

    • Judiciary's role in checks and balancesThe judiciary, as an independent branch, ensures balance of power by checking the powers of the executive and legislative branches, deciding cases fairly, and upholding the rule of law.

      The role of the judiciary in the system of government, as envisioned by the framers, is to provide a neutral and impartial check on the powers of the executive and legislative branches. This is essential to maintain the balance of power and prevent the concentration of power in any one hand. The judiciary's job is to decide cases and controversies, providing a fair and efficient means of resolving disputes and upholding the rule of law. The separation of powers, including an independent judiciary, is what makes our system of government unique and effective in preserving individual freedoms and preventing tyranny.

    • Overreach of government powerLack of checks and balances in a government branch with legislative, executive, and judicial power can result in unfair procedures and significant human costs, such as time-consuming, costly, and intrusive regulations.

      When an agency has the power to make the law, enforce the law, and adjudicate legal disputes, it creates a situation where checks and balances are lacking, and the common man may struggle to stand up against such a branch of government. This combination of legislative, executive, and judicial power in one branch can result in unfair procedures and lack of protections for individuals, leading to significant human costs. For instance, a magician named Marty, who was unaware of a licensing requirement for performing with a rabbit, faced the consequences of overreaching regulations and was forced to comply with numerous requirements, even after a natural disaster. The consequences were time-consuming, costly, and intrusive. The situation highlights the importance of maintaining clear lines of power and checks and balances to protect individual rights and prevent the cult of expertise from dominating the legal landscape.

    • Regulatory OverreachExcessive regulations can stifle innovation, burden small businesses, and erode trust in government, while regulatory capture further exacerbates the issue. Solutions include education, eliminating outdated laws, and reducing regulations at lower levels of government.

      Excessive regulations and the overreach of regulatory agencies can lead to a loss of trust in the government among the American people. This issue is not new and has been recognized throughout history. Regulations can stifle innovation and create unnecessary burdens, particularly for small businesses and individuals. The problem of regulatory capture, where regulations are written in collaboration with lobbyists, further erodes trust. Solutions include increased civic education, eliminating outdated laws, and reducing the number of regulations at the state and local levels. Ultimately, it is up to American citizens to demand accountability and transparency from their government and to advocate for common-sense regulations that promote economic growth and individual freedom.

    • Airline deregulation impactDeregulation in the airline industry in the 1970s led to increased affordability and accessibility for flying, demonstrating the potential benefits of bipartisan cooperation and deregulation in government.

      The elimination of heavy regulation in the airline industry in the 1970s, spearheaded by bipartisan efforts, led to increased affordability and accessibility for flying for the American people. This serves as an example of the potential impact of deregulation and bipartisan cooperation in government. For those interested in learning more about the government and civic education, resources such as the Constitution Center and iCivics offer valuable tools for understanding the Constitution and history, as well as promoting civil dialogue and learning how to disagree respectfully. In regards to the Supreme Court, making decisions involves intense deliberation and collaboration amongst justices, who often have differing viewpoints. Understanding the intricacies of the decision-making process can lead to a greater appreciation for the complexities of governance.

    • Future of American Legal SystemDespite the high volume of lawsuits and the occasional disagreement, the US legal system is able to reach determinate outcomes and diverse individuals can come to agreements on complex legal issues, as shown by the Supreme Court's unanimous decisions.

      Despite the large number of lawsuits filed in the US each year, the majority of cases are resolved without appeals, indicating the rule of law is determinate and there is a right answer to most legal disputes. The Supreme Court, which decides a small fraction of cases, is able to reach unanimous decisions a significant portion of the time, demonstrating the ability of diverse individuals to come to agreements on complex legal issues. Justice Gorsuch remains optimistic about the future of the American legal system, citing examples of individuals who have persevered in the face of adversity to achieve justice.

    Recent Episodes from The Ben Shapiro Show

    Who Was The Bad Guy In WWII?

    Who Was The Bad Guy In WWII?

    I sat down with Niall Ferguson to discuss who the villain of WWII was.

     

    ---

     

    Today's Sponsor:

     

    Tax Network USA - Seize control of your financial future! Call 1-800-958-1000 or visit http://www.TNUSA.com/Shapiro 

     

     

    The Ben Shapiro Show
    enSeptember 15, 2024

    Ep. 2047 - Matt Walsh DESTROYS The DEI Industry

    Ep. 2047 - Matt Walsh DESTROYS The DEI Industry

    Matt Walsh’s Am I Racist? is out, and Walsh’s chief antagonist – grifter Robin DiAngelo – is running for cover; Kamala Harris continues to run on vibes, as the race settles once again into stagnation; and America approaches the economic cliff.


     

    Click here to join the member-exclusive portion of my show: https://bit.ly/3WDjgHE


     

    Ep.2047


     

    - - - 


     

    DailyWire+:


     

    Join the Fight for 47 with 47% Off NEW Annual DailyWire+ Memberships using code FIGHT! https://dailywire.com/subscribe


     

    From the white guys who brought you “What is a Woman?” comes Matt Walsh’s next question: “Am I Racist?” | IN THEATERS NOW! Get tickets: https://www.amiracist.com


     

    Get your Ben Shapiro merch here: https://bit.ly/3TAu2cw


     

    - - - 


     

    Today’s Sponsors:


     

    Birch Gold - Text "BEN" to 989898, or go to https://birchgold.com/ben, for your no-cost, no-obligation, FREE information kit. Qualifying purchases will get an exclusive GOLDEN Truth Bomb.


     

    The Wellness Company - Exclusive Discount for my Listeners. Use promo code BEN at https://www.UrgentCareKit.com/BEN


     

    Helix Sleep - Get 25% off your order + 2 dream pillows. https://helixsleep.com/BEN


     

    Good Ranchers - Exclusive offer for my listeners with promo code SHAPIRO: https://www.goodranchers.com


     

    Ramp - Get $250 when you join Ramp. Go to https://www.ramp.com/Shapiro
     

    - - -


     

    Socials:


     

    Follow on Twitter: https://bit.ly/3cXUn53


     

    Follow on Instagram: https://bit.ly/3QtuibJ


     

    Follow on Facebook: https://bit.ly/3TTirqd


     

    Subscribe on YouTube: https://bit.ly/3RPyBiB

    The Ben Shapiro Show
    enSeptember 13, 2024

    Ep. 2046 - Post-Debate, Trump STILL Has The Advantage

    Ep. 2046 - Post-Debate, Trump STILL Has The Advantage

    What will the fallout be from the debate debacle? We examine all the data…and we investigate the continued failure of Kamala Harris’ policy rollout.


     

    Click here to join the member-exclusive portion of my show: https://bit.ly/3WDjgHE


     

    Ep.2046


     

    - - - 


     

    DailyWire+:


     

    Join the Fight for 47 with 47% Off NEW Annual DailyWire+ Memberships using code FIGHT! https://dailywire.com/subscribe


     

    From the white guys who brought you “What is a Woman?” comes Matt Walsh’s next question: “Am I Racist?” | IN THEATERS TOMORROW! Get tickets NOW: https://www.amiracist.com


     

    Get your Ben Shapiro merch here: https://bit.ly/3TAu2cw


     

    - - - 


     

    Today’s Sponsors:


     

    PureTalk - Get one year free of DW+ Insider: https://www.PureTalk.com/Shapiro


     

    Policygenius - Get your free life insurance quote & see how much you could save: https://policygenius.com/SHAPIRO


     

    Boll & Branch - Get my exclusive offer at https://www.bollandbranch.com/ben


     

    Tax Network USA - Seize control of your financial future! Call 1 (800) 958-1000 or visit https://www.TNUSA.com/Shapiro


     

    ExpressVPN - Get 3 Months FREE of ExpressVPN: https://expressvpn.com/ben


     

    - - -


     

    Socials:


     

    Follow on Twitter: https://bit.ly/3cXUn53


     

    Follow on Instagram: https://bit.ly/3QtuibJ


     

    Follow on Facebook: https://bit.ly/3TTirqd


     

    Subscribe on YouTube: https://bit.ly/3RPyBiB

    Ep. 2045 - The Most RIGGED Debate In HISTORY

    Ep. 2045 - The Most RIGGED Debate In HISTORY

    Trump takes on Kamala Harris…and David Muir…and Lindsey Davis in the most rigged debate in American history; Harris wins on points, but does it really change the race? Plus, Taylor Swift finally drops her magical endorsement.


     

    Click here to join the member-exclusive portion of my show: https://bit.ly/3WDjgHE


     

    Ep.2045


     

    - - - 


     

    DailyWire+:


     

    Join the Fight for 47 with 47% Off NEW Annual DailyWire+ Memberships using code FIGHT! https://dailywire.com/subscribe


     

    From the white guys who brought you “What is a Woman?” comes Matt Walsh’s next question: “Am I Racist?” | IN THEATERS THIS FRIDAY! Get tickets NOW: https://www.amiracist.com


     

    Get your Ben Shapiro merch here: https://bit.ly/3TAu2cw


     

    - - - 


     

    Today’s Sponsors:


     

    Helix Sleep - Get 25% off your order + 2 Dream Pillows at https://www.HelixSleep.com/Ben


     

    Grand Canyon University - Find your purpose at Grand Canyon University: https://www.gcu.edu/


     

    Prize Picks - Download the app today and use code "BEN" to get $50 instantly when you play $5: https://prizepicks.onelink.me/LME0/BEN


     

    Bambee - Visit https://www.bambee.com and type in ‘Ben Shapiro’ when you sign up.


     

    - - -


     

    Socials:


     

    Follow on Twitter: https://bit.ly/3cXUn53


     

    Follow on Instagram: https://bit.ly/3QtuibJ


     

    Follow on Facebook: https://bit.ly/3TTirqd


     

    Subscribe on YouTube: https://bit.ly/3RPyBiB

    Daily Wire Backstage: The Presidential Debate

    Daily Wire Backstage: The Presidential Debate

    Donald Trump and Kamala Harris go head-to-head in a historic face-off, clashing over key issues like inflation, abortion, and immigration. Join Ben Shapiro, Matt Walsh, Michael Knowles, Andrew Klavan, and Jeremy Boreing as they break down the debate, analyze the key moments, and discuss what this monumental exchange means for the upcoming election and the future of our nation.


     

    - - - 


     

    Today’s Sponsors:


     

    PDS Debt - PDS Debt is offering a free debt analysis. It only takes thirty seconds. Get yours at https://PDSDebt.com/backstage


     

    Lumen - Get 15% off your purchase! https://lumen.me/backstage


     

    Oracle - Do more and spend less with OCI. Take a free test drive at https://Oracle.com/SHAPIRO


     

    PureTalk - Get one year free of DW+ Insider: https://www.PureTalk.com/Shapiro

    The Ben Shapiro Show
    enSeptember 11, 2024

    Ep. 2044 - Mark Cuban Attacks Me For Saying Kamala Isn’t My Momala

    Ep. 2044 - Mark Cuban Attacks Me For Saying Kamala Isn’t My Momala

    Billionaire Mark Cuban wants a hug from Momala Harris and isn’t afraid to say so; controversy breaks out over a vast wave of Haitian immigrants placed in Springfield, Ohio; and Kamala and Trump prepare for their big debate.


     

    Click here to join the member-exclusive portion of my show: https://bit.ly/3WDjgHE


     

    Ep.2044


     

    - - - 


     

    DailyWire+:


     

    Join us TONIGHT for live coverage of the presidential debate on Backstage Live! Watch on DailyWire+ at 8:30 PM ET: https://dailywire.com


     

    For a limited time, take 47% Off NEW Annual DailyWire+ Memberships using code FIGHT! https://dailywire.com/subscribe


     

    From the white guys who brought you “What is a Woman?” comes Matt Walsh’s next question: “Am I Racist?” | IN THEATERS THIS FRIDAY! Get tickets NOW: https://www.amiracist.com


     

    Get your Ben Shapiro merch here: https://bit.ly/3TAu2cw


     

    - - - 


     

    Today’s Sponsors:


     

    ExpressVPN - Get 3 Months FREE of ExpressVPN: https://expressvpn.com/ben


     

    Policygenius - Get your free life insurance quote & see how much you could save: https://policygenius.com/SHAPIRO


     

    Balance of Nature - Get 35% off Your Order + FREE Fiber & Spice Supplements. Use promo code SHAPIRO at checkout: https://www.balanceofnature.com/


     

    Stamps - Get a 4-week trial, free postage, and a digital scale at https://www.stamps.com/shapiro. Thanks to Stamps.com for sponsoring the show!


     

    - - -


     

    Socials:


     

    Follow on Twitter: https://bit.ly/3cXUn53


     

    Follow on Instagram: https://bit.ly/3QtuibJ


     

    Follow on Facebook: https://bit.ly/3TTirqd


     

    Subscribe on YouTube: https://bit.ly/3RPyBiB

    Ep. 2043 - Kamala’s Momentum GONE, Trump Regains LEAD

    Ep. 2043 - Kamala’s Momentum GONE, Trump Regains LEAD

    A new poll the weekend before the crucial Trump-Harris debate shows the new Democratic candidate down in the race; Kamala’s team tries to downplay debate expectations; and the media continue to try to push the vibes for a few more weeks.


     

    Click here to join the member-exclusive portion of my show: https://bit.ly/3WDjgHE


     

    Ep.2043


     

    - - - 


     

    DailyWire+:


     

    From the white guys who brought you “What is a Woman?” comes Matt Walsh’s next question: “Am I Racist?” | IN THEATERS THIS FRIDAY! Get tickets NOW: https://www.amiracist.com


     

    Join us tomorrow for live coverage of the presidential debate on Backstage Live! Watch on DailyWire+ at 8:30 PM ET: https://dailywire.com


     

    Get your Ben Shapiro merch here: https://bit.ly/3TAu2cw


     

    - - - 


     

    Today’s Sponsors:


     

    PureTalk - Get one year free of DW+ Insider: https://www.PureTalk.com/Shapiro


     

    ZipRecruiter - Try ZipRecruiter for FREE: https://www.ziprecruiter.com/dailywire


     

    Black Rifle Coffee - Give back by drinking America's coffee! Get an exclusive discount with code DAILYWIRE: https://www.blackriflecoffee.com/


     

    BetOnline - Use code "BEN" to receive a 50% signup bonus of up to $250 at https://www.betonline.ag/


     

    - - -


     

    Socials:


     

    Follow on Twitter: https://bit.ly/3cXUn53


     

    Follow on Instagram: https://bit.ly/3QtuibJ


     

    Follow on Facebook: https://bit.ly/3TTirqd


     

    Subscribe on YouTube: https://bit.ly/3RPyBiB

    The King Of Satire And Disguise | Matt Walsh

    The King Of Satire And Disguise | Matt Walsh

    On today’s episode of the Sunday Special, I sit down with the man, the myth, the fearless leader of the Sweet Baby Gang, The Daily Wire’s very own Matt Walsh. Walsh’s knack for revealing lies with satire has been captured once again in "Am I Racist?”, where the toxicity of racial equity is on full display. In the film, Matt infiltrates a “White Privilege Grief Workshop,” disguises himself as a DEI consultant to the queen of the anti-racists, Robin DiAngelo, and all while threads the needle for us as viewers on the profound anti-Americanism that undergirds it all. All of us at The Daily Wire cannot wait for the rest of the nation to see the film, and grapple with the reality of the DEI industry. Don’t miss this inside look at "Am I Racist?", out in theaters September 13th. Welcome back to another episode of the Sunday Special.

     

     

    - - - 

     

     

    Today’s Sponsors:

     

     

    International Fellowship of Christians and Jews - To give to IFCJ, visit https://benforthefellowship.org/

    The Ben Shapiro Show
    enSeptember 08, 2024

    Ep. 2042 - How Trump Can DESTROY Kamala In Debate: 9 Things Trump MUST Do and 3 He CAN’T

    Ep. 2042 - How Trump Can DESTROY Kamala In Debate: 9 Things Trump MUST Do and 3 He CAN’T

    We examine the keys to Donald Trump defeating Kamala Harris in the most consequential debate in modern presidential history; Trump lays out his economic plans for his second term; and we examine the rising claims of Russian disinformation put out by the media and the Biden White House.


     

    Click here to join the member-exclusive portion of my show: https://bit.ly/3WDjgHE


     

    Ep.2042


     

    - - - 


     

    DailyWire+:


     

    From the white guys who brought you “What is a Woman?” comes Matt Walsh’s next question: “Am I Racist?” | Get tickets NOW: https://www.amiracist.com


     

    Get your BRAND NEW 2nd Generation Jeremy’s Razor here: https://amzn.to/3KfSEFc


     

    Get your Ben Shapiro merch here: https://bit.ly/3TAu2cw


     

    - - - 


     

    Today’s Sponsors:


     

    PureTalk - Get one year free of DW+ Insider: https://www.PureTalk.com/Shapiro


     

    Balance of Nature - Get 35% off Your Order + FREE Fiber & Spice Supplements. Use promo code SHAPIRO at checkout: https://www.balanceofnature.com/


     

    Tax Network USA - Seize control of your financial future! Call 1 (800) 958-1000 or visit https://www.TNUSA.com/Shapiro


     

    Grand Canyon University - Find your purpose at Grand Canyon University: https://www.gcu.edu/


     

    Young America’s Foundation - Attend a local YAF advanced screening for Matt Walsh's latest film "Am I Racist?" at https://yaf.org/air


     

    - - -


     

    Socials:


     

    Follow on Twitter: https://bit.ly/3cXUn53


     

    Follow on Instagram: https://bit.ly/3QtuibJ


     

    Follow on Facebook: https://bit.ly/3TTirqd


     

    Subscribe on YouTube: https://bit.ly/3RPyBiB