it's time for our daily poll your chance to tell us what you think here's the news question it's alleged that news corp packed the phone of a nine eleven policeman here in the united states if so should the murdoch empire get the death sentence your choices are yes crew is reporting that this is not a few rogue reporters and maybe orchestrated at the highest levels or no acting police officers phones get nine eleven victims information is just a fine way to get breaking news by going to target dot com let us know what you think will be up until tomorrow. after the break wisconsin voters are hoping to strip governor scott walker of his power of the state's recall elections but walker his buddies aren't leaving without a dirty fight. that drives the world the fear mongering used by politicians who makes decisions to break through it through people who made who can you trust no one who is you view with a global mission who would see where we had

a state controlled capitalism is called sasha's when nobody dares to ask we do our t. question more. welcome back to the big picture i'm tom hartman coming up in this half hour today

kicked off a series of recall of those to replace six of wisconsin's republican senators the democrats running for office are facing opposition from. pratt's actually sort of them out the governor scott walker as code words are playing seriously dirty politics meanwhile paychecks for state workers in minnesota are on hold due to a government shutdown and lawmakers find a northstar that will break the republican mantra. and republican presidential candidate newt gingrich has a new supporter need bawly won't get my vote in two thousand and twelve he clearly shares one of my viewpoints on the u.s. constitution i'll explain in tonight's daily to. wisconsin voters one of the polls today for the first of a series of special elections prompted by governor scott walker's war on labor unions and through wisconsin state politics and international spotlight earlier

this year today's elections are democratic primaries in six republican held state senate districts where those republican incumbents are being recalled by their constituents in these election. we have a strange twist the democrats running in the primaries are opposed by republicans who are running as democrats why is this ruse forces the democrats to help primary elections and gives the incumbent republicans more time to campaign and raise money for the latest from wisconsin is my friend john nichols washington correspondent for the nation magazine john welcome back it's good to be with you tom great to have you here alan grayson pointed out today in my radio show that if democrats is showing up in equal numbers with republicans in the two thousand and ten election he would not have lost his seat in florida are you worried about the same sort of thing happening in wisconsin today. absolutely i think it's a very serious issue the republican party recruited six fake democrats these are

republicans active republicans running in democratic primaries that's legal it was dancing but what's significant about it is as you suggested they did additionally on record to delay the election process so they actually were aiding the process but something different happened over the last thirty six hours and that is that the republicans ginned up a last minute del campaign to get people to cross over get republicans get conservatives and cross over and vote in the democratic primaries with the purpose of eating a real democrats instead substantial money on this they're doing robo calls they're using all sorts of digital tools and so i think this is a serious night now that we're going to watch these results closely this has been done before john i grew up in michigan and i was a kid in michigan michigan was the only state and i think it was the sixty eight primary that where the democrats went for george mcgovern urged wallace rather and

the reason why is because we had open primaries in michigan and the republicans said to their own people go vote in the democrats the republican primary was solid they said go vote the democratic primary for george wallace to embarrass the democrats and wallace actually won the state so are you concerned that the republicans might actually get enough of their own people out to vote for these republicans who are masquerading you know in drag as democrats that they might actually be the ones who are running against the republicans who are being recalled . well it is not beyond the realm of possibility i don't think it will happen because democrats and and a lot of independents are very very passionate about what is happening some of these districts turnout is actually pretty good at a substantially higher level than you would expect for a july election summertime isn't used the vote was constant but i do have that fear i have that concern and remember you have a fake democrat who's nominated to run against one of these republican state

senators they want to run against him that would be the end of the campaign that republican state senator will effectively have been reelected and so this is a very serious issue because what the republican party of wisconsin is trying to do here is to take away people's right to have a choice in an election they're going into the democratic primary with the purpose of denying people electoral choice and that's really it's just a it's a strong argument a closed primaries to there were but that's a whole nother issue there were massive election or irregularities and many would say outright fraud in the in wisconsin election a few months ago for the supreme court are you concerned that the election system in your state can be gamed and still be gamed in today's election. well i think any reasonable person has to be concerned about the gaps in the integrity of the election system not just in wisconsin which is a story that has had pretty clean elections but in every state in this country

there are huge problems and when you get into high stakes elections where you really are talking not just about governor scott walker or control of the state senate in wisconsin but the broader agenda of all sorts of national conservative groups working in areas of privatization of education and of taking down labor unions yeah i'm concerned because this is high stakes stuff and if there is the ability to game an election allows some of the most powerful people in the country to maintain their power in one state in somalia to do so nationally i would worry and i think a lot of wisconsinites that were there were election protection efforts today and troublingly some of the people who are trying to do election integrity election protection were forced to leave the areas around throwing places because it was claimed they were electioneering that was not the case they were really just trying to make it clear that that's my question i mean the gold standard for for that with that we impose on every other country for example where we said the several the

former soviet states elections were not good because the election results didn't line up with the exit polls has always been i suppose that's been the gold standard and yet today in wisconsin the government accounting board shut down these nonpartisan exit polls is this a board that's run by scott walker what's the story here. that report isn't necessarily run by scott walker but it's certainly a board that has done in my opinion a very very disappointing job at running our elections and sometimes that's the most troubling thing you don't have to be under the thumb of a particular politician you know not to be jumping at their will to be cautious to be unwilling to offend that politician who happens to control your budget and i'm i am un settled by the fact that people who trained very carefully to go out and do exit polling to do election protection election integrity were clearly hassled at

following places in and especially one key district annette's in eastern wisconsin in the milwaukee area and it's the district of the chair or woman co-chairwoman of the joint finance committee a woman named alberta darling and she is really the most important person running for the republicans she's the she's scott walker's point person on budget issues and so the fact that there was a. hassle for people trying to election integrity in that district is to me a particularly unsettling john in the last minute here what else do we need to know about what's going on in this election in today's primary. i think it most important thing is going to come away with two questions that need to be answered first was turnout significant if it is that will tell you that was sponsored continues to be very very engaged in these issues and i think we will have a good turnout secondly did the democrats we'll democrats win their primaries and did they do so by substantial margins if they did then i think you're going to get a strong signal that was scott's and continues to be even uprising against governor

scott walker's policies on the other hand if one or two or three at least eight democrats win it's going to send a very bad signal about holding this governor to account so these are results we want to watch closely and obviously what we come away from this primary with will be a good signal as to where the general elections are going in august ok john thank you so much thank you the final recall elections will be in august as john just mentioned that gives wisconsin or publicans another month to make a mockery of our democracy democrats in wisconsin are working as hard as they can to stop walker's tyrannical policies once and for all and they're up against the power of organized billionaires keep an eye on this race. it's the good the bad of the very very horrendously ugly the good republican

senator olympia snowe has so many republicans acting completely irresponsible in the debt limit debate it's nice to hear that at least one republican has or had the right place snow told reporters yesterday that she would not support any deal on the debt when it cuts medicare and social security instead so-called for revenue raisers saying there are a lot of tax credits that are not needed and should be repealed start the timer i give republicans eighteen dollars for the kicker of the for the bad arizona state lawmaker lori klein here an interview with a journalist outside the state senate chambers on gun rights quine whipped out her raspberry pink and got a three eighty ruger and pointed it right at a reporter's chest the gun was fully loaded with the safety off line later downplayed the incident by saying her finger was not the trigger defense or gun rights klein said i don't like chocolate ice cream of my going to force you not to have any. to bed with

a group of radical and skew to racial lawmakers are doing to the once great state of the us and the very very ugly john been talking to reporters today the speaker of the house tried to downplay his role in the debt limit negotiations by claiming that the debt limit isn't his problem. the president wants but once you get away his cards on the table this. debt limit increase is his problem and i think it's time for him to leave by putting his plan on the table something that the congress compares. no john your the speaker of the house passing legislation according to the constitution at all has to originate the house as the legislation to raise the debt limit. is solely your problem that is unless you want to give president obama the power to unilaterally pass laws and say goodbye to your tax cuts for the rich republicans forgetting about how government works that's very clearly. coming up

minnesota's shamefully holds and historic record it's the first state to have a government shutdown so how did lawmakers allow this to happen and what can be done to get the state back up and running. like drives the world the fear mongering used by politicians who makes decisions to break through get through it it made who can you trust no one who is you view you with the global machinery see where we had a state controlled capitalism is called sasha's when nobody dares to ask we do our tea question more.

the minnesota state government shutdown entered its eleventh day on monday with no new talks planned between the political leaders this is now the longest government shutdown in recent history state's new fiscal year began on july first without a budget in place to close a five billion dollars two year deficit or a temporary spending plan so state workers are out of a job public services and construction projects are old and millions of dollars in revenue are going down the drain every day and the end is nowhere in sight since republican lawmakers continue to reject any and all proposals put on the table by democratic governor mark dayton sam lane is a reporter with the minnesota independent and joins us with the latest from date

and today's the day twelve is not of the states government shutdown sam welcome thank you very much tom today is twelve days to you know how come the legislators that are shutting down the government are still drawing paychecks. that's a good question now we reported on monday actually that one hundred thirty eight of blue that were disillusioned still are still taking their paychecks for. how they got something that's pretty concerning the taxpayers honestly i don't know because the answers to why they're still doing that there were about i think twelve i think twelve total legislators spent and it ended up not taking their paychecks for put aside for this time when when the shutdowns going out and so at least there's some some hope one on one some of those legislators but yeah a lot of the most there is still quite the best majority but to what extent is this a. real debate about policy. and the details of a budget versus a. you know just

a partisan fistfight or you would see it's almost completely opponents and just played out the front page of today's out press as who is going to blink first in its current picture of dayton and president obama and speaker boehner and senate majority leader here amy cook so are you know it's it's just a big partisan fistfight you right now and it's getting really frustrating to see these partisan politics continue and why we don't have people in the state of minnesota in state now and it's it's really it's really coming disturbing appear is no barge really from either side and it is getting really hard to take these poll partisan politics really really ruining lives and in a lot of other things listen to well as as the status suffer as a consequence of this are the people in general and i'm you know not necessarily just. the people that you hang out with but i you know but right across the board

to the extent that you can measure this regardless of demographics or geographics or whatever are the people blaming the governor are they blaming the legislature are they blaming the process i mean this is producing cynicism or is this like in wisconsin producing passion what's that what's the outcome of this what's the consequences of least over the short term i think it's a little bit of gall i think that we're seeing some blame being put on governor dean and also a lot of blame you put on the republicans to i think the you know dana's most recently come out in and he had one of his most recent proposals he completely dropped his plan to tax the rich that was his that was his biggest you know his signature move that was the thing that everybody was was talking about governor dean in favor of a syntax which would basically increase taxes on cigarettes and alcohol so which would simple and he did when he was governor didn't exactly exactly what he didn't when he was discussing those taxes he said you know i'm following your party split steps and in about proposing this so you know that that's something that was seen

as pretty pretty big compromise but you know the republicans are still sticking to their no new taxes you know no taxes agenda there and so it's. i think it's really hard to say which side is being blamed more i think that there are. you know i think that there's certainly in some of the circles that i've been you know a part of it me it seems a little bit more put on republican legislative leaders but but i don't think that's necessarily case across the state and i think it's split fairly evenly obviously public workers are wired so deep. is there is there any talk in a so this is a dress rehearsal for what's going on in washington d.c. the person is a testing ground that the republicans are you using. you know and i don't know that specifically i think that maybe there are some rumblings that you know this is fairly representative of what's going on in federal law but when you don't get the republican legislative leaders and the executive branch in here and obama ran

obviously it's federal level it's just this big like you said earlier big this fight that you know do you. it's the republicans are sort of moving in here in minnesota and it made me. it's as we've seen a political it was what is it what's the what's your sense of how this is going and . for this. i have absolutely no idea one of the one of the people i or something yesterday's or you could go out january nobody has any idea and meanwhile like i said earlier livelihoods of people minnesota it's taken but i really think that there is i mean there are no talks scheduled right now no there are. no sessions scheduled between all because as time goes on is the state spending less money as a result of the shuttle shutdown and is that helping in there that two billion dollars divide or is or is the state losing money because they don't they're not running say parts and things that are collecting fees and what is what's the net net here that's my the latter is what i'm understanding is that they're spending

huge huge sums of money to you know be there huge sums of money are being wasted because these government services are being you know are being put on and are continuing through through this difficult time. bleeding and i guess the specific number but there are several million dollars are being wasted you know weekly as a result of this because the public employees aren't working because some of these services aren't continuing and oh yeah like you mentioned we were losing were losing people built public parks in wisconsin losing lottery ticket buyers to wisconsin and the state of iowa people jamming across the border going to going to buy their lottery to itself oh. there is definitely a lot of money being russell t. shirts that's for michael sam thanks a lot for being with us tonight thanks tom and said the states are the laboratories of democracy for the entire nation and in the case of minnesota we could be seeing right national governments refusal of republican lawmakers in minnesota to reach

any kind of compromise with democratic governor mark eight people all across the state are suffering the effects of being without government services and benefits can foreshadow the fate that awaits the entire nation if republicans in congress continue to reject all of president obama's it sounds at a compromise on dealing with the country's deficit more and more it's becoming crystal clear the republican party of the day is willing to do whatever it takes to enact their radical anti-medical as agenda including tearing apart our economy state by state. well i guess pigs can fly i agree with newt gingrich not about politics of course but newt is right about the supreme court and progressive should pay attention

here's what he said yesterday in iowa. even read the constitution if you read the first quarter the usual reasons. the factors the congress. culture stooge drug running costs the. prompts these numbers. then the lizard issue brings the beast as the british since the. american hostage is the court which is we should. lose since he moves. on this is fair nationally he once believed in the foreign leaders our constitution. this will challenge the american people and this gingrich agrees with

our president thomas jefferson and frankly most of the other founders of this country let's break it down first newt's assertion that the congress can pass laws that limit the powers and the behavior of the supreme court constitution in section two of article three which establishes that the judiciary does give the congress the power to define and limit what the supreme court and it cannot do here's the exact language and supreme court shall have apologized diction both as to law and fact with such exceptions and under such regulations as the congress shall make yes that's what the constitution says in plain black and white if congress disagrees with for example the citizens united decision or the bush v gore decision they can simply pass a law that says that the supreme court has overstepped its authority and that's the end of a why do you ask the founders write it this way he has to answer is really very

simple they wanted the greatest power to be closest to the people. and congress is up for reelection every two years it's the body of the our in our representative democratic republic that is closest to the people that's where the founders wanted most of the power which is why it's defined in article one of the constitution the first among equals the judicial the judiciary is article three as thomas jefferson wrote in an eight hundred twenty letter to mr jarvis we thought supreme court justices should have the power to strike them as jefferson wrote you seem to consider the judges the ultimate arbiters of all constitutional questions a very dangerous doctrine indeed and one which would place us under the despotism of an oligarchy the constitution has erected no such single tribunals i know of no safe depository of the ultimate powers of the society but the people themselves

please read the constitution nowhere in it there's a say that the supreme court can strike down laws passed by congress and signed by the president nowhere and for the first fourteen years of our republic the court never even considered the idea as new pointed out hamilton wrote in federal seventy eight this is when hamilton and madison were writing the federalist papers to sell of the constitution he said he wrote the judiciary from the nature of its functions will always be the least dangerous to the political rights of the constitution because it will be least in the capacity to annoy or injure them. the executive of the presidency not only dispenses the honors but holds the sword of the community the legislative that's congress not only commands the purse but prescribes the rules by which the duties and rights of every citizen to be regulated as you give shiri on the contrary has no influence over either the sword or the purse no

direction either of the strength or of the wealth of society and can take no active resolution whatsoever it proves incontestably that the judiciary is beyond comparison the weakest of the three departments of power that it can never attack with success either of the tube. you know if they can never attack either of the two but in eight hundred three a hard right wing chief justice named john marshall ruled in a case name marbury vs madison if the supreme court could strike down laws as unconstitutional president jefferson was apoplectic you wrote that if that decision wasn't challenged by congress then indeed is arkham constitution a complete fellow to say a suicide pact the constitution on this hypothesis is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they mean please but marshall in the court backed down some right for the next twenty years justice marshall never again ruled were unconstitutional he

never again said that a few unelected judges were the kings of america with nobody who had the power to undo their decisions but that's what scalia and thomas and roberts and alito want you to believe that they can make george w. bush president without any appeal that they can make money and a speech that they can turn corporations into people and the rest of us have no say in it and they're wrong it's not what the constitution says we don't have kings in america and it's time to seriously debate and challenge the doctrine of judicial review a claim by the court itself that it has that power as thomas jefferson wrote if you gay shiri of the united states is the subtle core of sappers and miners constantly working underground to undermine our constitution i will say that against this every man should raise his voice and more should uplift his arm but why because jefferson said for judges to usurp the powers of the legislature is unconstitutional judicial tyranny one single object will entitle you to the endless

gratitude in society that of restrain judges from usurping legislation the power of we the people should be with the people and their elected officials not with five lawyers who claim the right to rule over every other branch of government somebody tell congress to wake up. that's the big picture for tonight for more information on the stories we cover visit our websites of. free speech dot org an artsy dot com also check out our two you tube channels there are links to tom hartman dot com the entire show is also available as a free video podcast on i tunes and we have a free chart an i phone and i pad app in the app store it's in this feedback a twitter at tom underscore hartman on facebook at tom underscore arlen was message boards and telephone comment line. and don't forget to mark receive begins with you get out there and get active tag your it will see tomorrow.

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