That africanamericans will always be supportive of this president. Even if perhaps his policies do not necessarily meet with their needs policy wise. Host out of the republicans make inroads . Guest i think that is a very interesting question. I think what they need to do is speak to the issues and i talk about this in the book. The autopsies of the Republican National committee put together by reince priebus, a 10 milliondollar platform suggesting that we need to begin having a more aggressive dialogue and reaching out to various communities and they have recently opened an office in detroit. And that is one avenue to try to begin to reach out and reach the voters where they are and not as the first step for the party. In the now what we need to see is rhetoric and policy matching the outreach activities. Host here is the name of the book. The sole for the Republican Party is the subtitle. Eric ham is our guest. We have a viewer with a socalled opinion and we want to show you that and get your response to this. My argument is that there is much Less Division among conservatives and some people pretend that the leftwing media, that they would like us to believe that. The great civil war civil war right now is happening on the democratic side. Where there was a massive rebellion of democrats and that is the story and i refuse to play along and overplay and overemphasize and dramatize the differences that are the tactics on the conservative side. I do not disagree that there is a looming crisis within the Democratic Party. And i am sure that that will be a discussion that you will have later. But i do believe that that is coming. However, i completely disagree with him on his analysis of the civil war within the Republican Party. It is real and we are seeing it take place and we have seen it take place prior to 2012, people like dick lugar, senator dick lugar from indiana and we have seen him lose out to a very extreme candidate with Richard Murdoch and we are seeing the Senate Minority leader Mitch Mcconnell grappling with a challenge from his right flank. Senator Lindsey Graham is now being challenged on the right and in many more ways it has become and i was reading in the Washington Times were now senator pat roberts is actually being challenged from the right and this is a huge fight within the party. And within the book we talk about what is going on within this fight within the party and that israel and i think that until the party can grapple with its direction, i think that they are going to struggle to win the white house for quite some time to come. And there are a number of issues where the party is fighting and there is a chapter in the book called going out of power when i talk about the National Security implications of the civil war within them party for the first time in 2012. And there was no discussion on National Security as we would normally expect it from the Republican Party. And this has been an issue that the party has owned since vietnam and this is one of the mainstays of the Republican Party and it is surprising that barack obama had successfully been able to move this issue from the gop camp into the democratic camp. And i do believe that the american public, while they trust barack obama more and then they trust mitt romney, that is not necessarily a permanent fixture for the Democratic Party been an issue where i think the gop has room to grow. And that is actually one of the catches of this. Host lets take some calls on this book. Karen from washington. Republicans line only. Go ahead. Caller hello, im a little nervous. What i have to say is theres a big difference between conservative republicans and republicans. Im a conservative and i happened to be black. People like Chris Christie is a conservative. Paul ryan is a conservative. We want conservative candidates. Host cootie like . Whose ideas do like . Caller i like mia love and allen west and ted cruz as well. Host lies that . Caller we want conservatives in the white house. This war on the gop is part of history conservatives need to take our party back over. That is all i have to say. Host mr. Eric ham . Guest i think what she does is help advance this work and there is a huge battle going on between conservatives and republicans. But i think that when we talk about republicans, they typically think of the establishment candidates and if you look at the budget battle as was astutely pointed out it was very unhappy with the budget deal. And we really appreciate this debt ceiling standoff that is going to take place in congress and many republicans in the house and senate who are up for reelection are going to be looking over their shoulder in terms of how they should vote because the conservatives will be looking for them to i think not advance this debt ceiling debate and i think that what we are going to see is a longer fight within the gop. Host here is the front page of the wall street journal this morning. Gop message with Republican Leaders and their corporate allies. This is the opening paragraph. Guest i wrote an article here in washington right after the shutdown and it and you saw a large conservative organization and they are established candidates like in states of michigan and idaho against many of these Tea Party Activists were now saying that we want our party back. We want to take our country back. And so for the first time we are beginning to see the establishment fight back against many of these activists candidates. Host there is a little bit of conversation going on about your credentials and whether or not you should be allowed to comment on the gop civil war. Given your background and your credentials. Guest well, what i would say to that is i may not be a republican or a conservative. But i have been in washington and i have been a part of these websites that are taking place with the policy debates on a number of these issues and i write about them in people are welcome to reject them. Host could you see yourself supporting a Mitch Mcconnell if you lived in kentucky . Guest absolutely. I think what Chris Christie is doing is fabulous. And theres no shortage. Theres no shortage of candidates that i think would be great for this country. I think what Susana Martinez is doing and i thought she was a great congressional candidate with mia love. I think she is a rising star in the party. And i do believe that at this point, i believe that Chris Christie is the candidate to be and i think he could actually give the clinton a run if he could get out of the primary. Host we have a tweet that says i am a Ron Paul Fowler at the grassroots. We elected a 28yearold county chair, scary noninterventionist. So what is his affect. Guest i was in iowa during the 2012 caucuses. And i was in a little town called van meter, iowa. And there was so much fervor and excitement for ron paul. And there was so much excitement and energy and i think that ron paul, it will be interesting and it will be interesting to translate this to his son rand paul and kentucky. And i do think he will run in 2016. And i think it will be interesting to see that excitement and fervor that was displayed in van meter, iowa, for him. It will translate into a sign. And if we can move those with what is his next step in what role will he play in 2016. And it includes what his role will be. Host our next call comes from pennsylvania. Hello, ryan. Caller i just want to say that im very disappointed in republicans and democrats. Once they get to a certain point its all the same. Host what you mean by that . Can you give an example enact. Caller well, i mean, you have obama saying that he will start with stopping the surveillance stuff. And im not saying what bush did was right. And i dont trust democrats or republicans anymore and if the bankers that are running him. Host that was ryan in beaver, pennsylvania. Guest thats a good question in that section when i discuss in my book is how republicans will have a very difficult time moving forward on National Security so they can move away from the debacle of iraq and afghanistan. And there is a new phase within the party, new ideas generated that beyond iraq and afghanistan, i think particularly, they will have a hard time regaining the trust of americans and that is this one step of a larger issue. So what does the party do to begin to give voters to see them as trustworthy and effectively being able to govern. We have seen so far a Government Shutdown and we have seen u. S. Credit ratings diminish. And i think largely americans believe that that is the result of republican incompetence. And until the gop can address those issues, i think americans largely will be disappointed in the Republican Party and not see this gop brand is an effective tool. Host naomi and oklahoma. Go ahead. Caller hello, we do not care what color you are. That should be put to rest. I really tired of this race issue being a problem. And i agree with mr. Krauthammer and the media because they know that obamacare has been in trouble and we are likely to lose a lot of seats in 2014. So the democrats and eric ham are stirring the pot cause problems within the party so they dont lose faith. Host naomi, who do you like . Who is a republican that you like and what is an issue that youre concerned about . Caller i love the law that is in the house, trey gowdy is a brave old soul from South Carolina and georgia. Host are you a member of a tea party . Caller i am not a tea party person. But both parties are getting back to constitution and stopping tearing it down. Host okay, thank you for your time. Guest let me address what he said that obamacare. Because i do believe that is going to be a huge issue in the midterm elections this year. And she had talked about South Carolina as well and i just want to tackle all of this. I do believe that given that you have democrats with about 23 seats that you have to defend my believe it will be a competitive race and republicans had a great chance of taking control of the house and senate and i do believe that they will use this obamacare issue is a huge block twohit democrats over the head with. Including those who are running scared and who are backing in the polls as a result of the problems with obamacare and she makes a very good point about that regarding South Carolina. The journal shortages of fireworks in South Carolina. Because its very interesting. Because you have both been up for reelection and interestingly enough senator scott has not actually come out and in the worst his colleague, senator Lindsey Graham. So that is going to be, i think, very intriguing. And of course nikki haley, who idolized as a potential 2016 candidate as well if she can win reelection in South Carolina. So i think that South Carolina has a number of different issues that i think will provide what may be to come in 2016. Host our next call comes from new york. Welcome to the washington journal. Caller hello, i am rose in new york. Host we are live right now. Caller okay, ive been disconnected three times. I think you should stop disconnecting people who wish to identify themselves as conservative republicans appreciate comments and i have been on hold for two hours. Would you like to know what i think it would you like to hang up on me again . Host we are all yours, rose. Caller thats wonderful. I am a physician. Im concerned about all kinds of things. The first thing i was hung up on was not and im concerned about health care. I am concerned about the constitution. I believe that there is no dissension among conservatives. I believe that there is no dissension among Health Care Providers or patients. I am a provider that is a patient. I am a handicapped physician. My Favorite Book is the wounded healer. You should read it. Host what issue would you like eric ham to talk to you about . We are talking about his book, the gop civil war inside the battle for the soul of the Republican Party. Caller i think he is completely and totally unqualified to speak on the subject. Host is there anything youd like to add to what doctor rose had to say . Guest i agree with her on the issue of Health Health care. I think that that was a huge debate in the 2012 election and i think that it will be a huge debate in the 2014 returns as well as the 2016 president ial election. And i think that regardless of what the president was able to do to get obamacare working effectively, i think that it will be an integral part of the discussion Going Forward and i completely agree with her on that. Host we have a tweet that said ron paul attracted young independence and the gop establishment shun them. Big mistake. Guest as i said, i thought that ron paul, and i was on the ground and witnessed the fervor of the ron paul crowd. And i thought that there was, i thought he had something there and was able to tap into it. I think people who felt affected by their governor it was very similar to what we saw in 2008 with ben senator barack obama. And i thought that there was a way for him to take that fervor and actually turn it into votes, that this could really be something. I think that we were all waiting for the moment when we would see ron paul eventually win a primary, but it just never came to fruition. And so i think that that is a big question for him Going Forward and how does that translate into what i think he will eventually get behind in the 2016 president ial release. Host steve is from mississippi. Go ahead. Caller this is steve and i am in mobile visiting my brother for christmas. I would like you to come in and talk about the right where Bradley Burns on the Republican Party and then this week he was elected to congress with a special congressional race. About 70 of the votes. Badly burned, a state legislator he is a reasonable republican. Host did this happen in mississippi . Caller Bradley Burns this happen in mobile, alabama, area. And he beat the liberal democrat. Host steve, what do you think about the election . Caller the Republican Party needs to nominate the Bradley Burns in the Bobby Jindals and i would like for this writer to talk about this individual who won. Host are you familiar with this race . Guest yes, i am, actually. I talked about this race in alabama and i believe it was district one and it pitted a tea Party Conservative and i think we are going to see a slew of these races in 2014 when i think organizations like the chamber of commerce which is considered an establishment organization, that it will begin to have some of these more far right candidates. And this is such a huge test for the tea party and 2013 as well. And it is a sign of what is to come in 2014. And i think that what this race does, i believe that it solidifies the thesis that there is a civil board within the party. When you mentioned Haley Barbour, i speak candidly about him and i actually call him one of the grownups in the Republican Party. So i think that we are going to see people like Haley Barbour and some of the other grownups or elder statesman within the party began to stand up and speak out and become much more forceful in the establishment candidates in 2014 Going Forward. Host we have the book the gop civil war inside the battle for the soul of the Republican Party by eric ham. Guest it was an issue at the time and this is something that i thought that i could put together given that i have been traveling the country during the 2012 race and looking at some of these issues. That i wanted to get it out of the masses and take advantage of the technology and push it out there and people could quickly downloaded to their tablets and the readers and i wanted something that people could read and easily follow while on the train or sitting in a waiting room something that they could read very quickly and to try to get a pulse on what is going on within our political system, particularly with one party. Host what was the process like for you . Just that it was an arduous process that took a lot of time and it took well over a year to write it and of course there was no shortage of storylines to write about this, mainly given that it was written the backdrop of the 2012 president ial election. But it was a very stimulating exercise and i do think i would like to eventually write another book examining the party. I think that there is going to be major changes within the party. I think the voters and the American People would like to see how this process plays out and i want to be able to provide this kind of information. Host the book is for sale on amazon. Com. This is on the 2012 general election polls that when it comes to gender, men, 62 for romney and 52 are for a obama. White, 59 romney, and also latino and asian all went to obama by big numbers. The only income group that he won was the 50,000 to 100,000. That was kind of a tagline that we heard. What about women in the gop . Guest we start the book off talking about the demographics and i think that that is a huge issue. And there is no shortage of information provided on the impact of women in the 2012 election. And i talk about the importance is the demographic and also looking at what is taking place in the congress if you look at a state like hampshire and i think that 2012 could be considered the year of the woman and i think that 2016 will be the year of the woman. We are seeing women let their political power show in terms of the voting and women outnumbered the men and they were able to take advantage of that and i do think that there will was this from a number of the candidates and it appears that they still have not been able to make that shift on how to talk to women about womens issues Going Forward. I think until they can do that it will be a problem for them. I think that one of the bright spots that the Republican Party has his there are a number of wellqualified women who could possibly run for resident and 2016. And i think that that would help the party Going Forward and people like Susana Martinez and potentially nikki haley and possibly kelly ayotte, a senator from new hampshire. So i think that there are a number of women candidates. But of course between now and 2016 and when these women may or may not declare this, i think the party still need to figure out how to we address these issues but how do we talk to women. Host than next call comes with david in missouri. Caller thank you for having me. Listen, it is kind of ironic. We have socialist democrats better and we are there to suppose the socialist police state because we did a stand up for the constitution like the tea party does and we should be more sensitive and that is her leadership system. Host david, when you say that you stand up for the constitution, could you give an example of what you mean by that . Caller i hate having the Voting Rights being curtailed by those that commit voting fraud and then when you try to correct it with proper id laws, people say you are discriminating against them when it comes to voting. And also the same ids to get their Social Security benefits and that includes to get benefits from the government and the state. But that is all right and you have to say you are who you say you are to vote. But its complete smoke and out to destroy the Second Amendment that has been launched which i have bought into for over 40 years. Host all right, david. Thank you. We have the point. Guest thank you for your comments this morning. I do not think that either party is trying to in any way infringe upon the constitution. Regarding the issue of voter id fraud, it has been proven and it has been highlighted and it has been studied at nottingham that there is so little voter id fraud for us not to even make a dent. In any state in any discussion in any election. Not even the George Washington uncertain bush election. Its not an issue Going Forward and i think it is something that not only democrats, but i think independents are actively looking at this issue because what we are seeing is more people come into the political process, which is something i think that we want to see happen. And anyway we can continue to get more people engage in the process i think its a good thing and i think we want to do whatever we can. Host we have another tweet. This man tweets and 20 or 30 times per show. He said that they gave the majority to romney and yes, here are the stats. 54 of the vote 100 quay plus went to mitt romney and 44 voted for barack obama. Thank you for coming. You are on the air. Caller hello. Host we are listening. Caller i would like to say im a lot with what the democrats do or did they ban people together to get votes. And they dont use those same rules for the people that vote for them. And then they have all these rights and freedoms. But the ones that vote for republicans they have the same services by the government and its unfair. Taxation without representation. And they have the advantage with the statistics that show the working force actually coughs up the dollars. Host thank you for calling in. Guest enqueue for that comment. I think the government is actually there to work for you whether you are a republican or a democrat or an independent. And i dont think that there is a cabal of immigrants born democrats that are seeking to infringe upon any one particular section of voters. And i think that we need to try to work for everyone whos within this country. Thank you. Host we have a tweet because i disagree with you, eric ham, but you have shown yourself to be a reasonable man and i have enjoyed the show. Okay, please go ahead with the next caller, author eric ham who wrote the book the gop civil war inside the battle for the soul of the Republican Party. Caller i would like him to describe whether conservatives republicans, rather whether they would be conservative and i think that its largely based upon legal immigrants. And i dont think that we need this is the Democratic Party describes in a lot of fields. And theres always a World Economy and since weve been on top of the world on this time, the industry is going on and middleclass jobs are going on and we are all going to have to bite the bullet. Advancing our economy through Entitlement Group and they get a focus about jobs, we would like them to get their jobs back in to balance the heart of this matter. Host thank you. Guest he makes a very good point and i talk about this in the book. I dont want people to think this is a bookworms bashing republicans and gop. That is not the case at all. There are a number of solutions they offer for the gop Going Forward and candidates who i think will be great in 2016. In one of the issues that i do it just in the book is this issue of the globalist economy in a space where i think the republicans can begin to advance this Going Forward. And if you look at the president , he has been wanted for for a wild to make the pivot to asia. And we are seeing a lot of growth in emerging markets in places like indonesia i think this is an issue where republicans can begin to see this as a party that is willing and able to govern if they can begin to look at some of these big picture issues and begin to advance policy and ideas on how the country should begin to address a number of these emerging markets. Host here is the cover of the book by eric ham, the gop civil war inside the battle for the soul of the Republican Party. It is an ebook and it is available at amazon. Com. Thank you so much for being on the show. Into for having me. Watch any of the programs they see online. Type the author or book title on the search bar of the upper left side of the page. You can also share anything you see easily by clicking on chair on the upper left side of the page flipping format. Booktv streams live for 40 hours every weekend with top nonfiction books and authors. Booktv. Org. At the time the Central Intelligence agency had really taken a beating. They had been through grueling hearings before congress about who should be blamed for 9 11 and whether the cia had failed with the watchlist and otherwise things that the fbi were allowed to investigate for the plots on 9 11. The cia, i think its fair to say, they were very buffeted by these particular hearings. Then the 9 11 commission came along and had another set of hearings which really were tough. The chairman noted that the staff statement was part of this and it was really an indictment of the agencys performance. In a second factor that occurred that contributed to this monumental change of events was really the 9 11 commission itself. They were a group of nationally prominent men and women who were able to build a National Audience or a series of hearings about what had happened on 9 11 and they had a lot of cachet and influence. Indeed they constructed their own strategy to be able to build a legislative proposal that would have a chance at succeeding and could be acted on very swiftly. The third factor occurring at the time was that the failure on this assessment was coming into a stark relief in the summer of 2004. The Senate IntelligenceCommittee Report came out and began the cia was at a very low level of perceived at the time. Finally you have to know, of course, the 9 11 commissions families, it they attain a special Interest Group advocating for reform of the Intelligence Community joining forces with the 9 11 commission, and they were able to have tremendous influence over the process. The last thing and really believe the conventional wisdom is that we created a director of National Intelligence and Counterterrorism Center that the 9 11 commission recommended. Including the president ial election of 2004. And i think its a little bit long for the reasons that i just stated. I think that the looming president ial election in which the performance of george bush and whether he made the country safer, it was undoubtably incredibly powerful as a factor that influences the likelihood of congress and the president to take on intelligence reform and its not the only factor. There was exhaustion with the cia and we have not one but two spectacular intelligence failures early in the same two to three year time frame. So one of the recommendations was the director of National Intelligence, a super empowered spymaster that have the ability in a complex world of proliferators and international terrorists, to be able to in the 9 11 commissions word, we needed a quarter back and someone very agile whod be able to move dollars and people and analysts to be able to meet new threats. To be able to organize quickly to meet what they determined it was perhaps a more great National Security challenge and the soviet union had been. The soviet union while for for voting in intelligence funds, they had embassies from which to crude spies, armaments look after the satellite and other particular Government Agencies and this wasnt the case. So we need to be able to organize differently. And so on the point about there being a particular electoral impact. John kerry, the democratic nominee for president endorsed the 9 11 recommendations 17 minutes after the Commission Recommendations occurred in july 2004. George bush endorsed this 10 days later and this speaks to the tremendous force and the incredible forces that were at play at this particular time. And a lot of members of congress with the two leading individuals of each Political Party endorsing the commissions recommendations nearly immediately, it inspired him and his bureaucratic opposition. This is really the heart. It is a tale of bureaucratic power and jockeying for influence over the 80 billiondollar price of who would be able to tour the assets of the United States in regards to Intelligence Committee process, and i booktv. Org. Youre watching the tv on cspan2. Heres our primetime lineup for tonight. Up next, a panel of bloggers discuss obamacare. Then at 9 00 oclock it is after words. And the executive director of the American Society on her book. At 10 00 p. M. Eastern, nuclear nightmares, securing the world before its too late. And as we wrap up tonight primetime programming at 11 00 p. M. Eastern, the author of americas great game. As well as the modern middle east. Ill happens next on booktv on cspan2. Next on booktv from the Heritage Foundation in washington dc. Legal arguments on the Affordable Care act. We have the editor of the book and the panel talk about the conspiracy website and the impact of the argument on the obamacare debate. This is about an hour and 15 minutes. Sumac thank you very much for being here and i applaud the brave souls that came out in cold weather to be here. You hear to talk about a fascinating book. It was a fascinating book about a fascinating case. National federation of independent businesses and as i read this post, i thought that i was really watching some very smart people who obviously respect each other but are in no way shape or form shy about challenging each other and they would advance in the fine their arguments as the book progressed covering many facets of the obamacare case. Some of which they will discuss today. I will introduce the speakers in the order in which they will speak and we will start off with trevor burrus. He was the editor of the conspiracy against obamacare. He is a Research Fellow at the Cato Institute for the Cato Institute studies and his studies include civil and criminal law and legal and political philosophy and legal history. He got his undergraduate degree at the university of colorado at boulder and his law degree is the university of Denver Sturm College of law. In addition to providing a brief overview of the book, he will talk about current homes we have all been reading about with a perspective the Affordable Care act and how it relates to the case. And then we will hear from professor tranthree is, his research focuses on property law and the study of popular political anticipation for constitutional democracy. Ilya somin has a masters degree from harvard and is a jurist doctorate from Yale Law School following graduation of law school. And in addition, by the way, i will put in another plug that he is the author of another book here, democracy and political ignorance, why Smaller Government is smarter and his articles have also created many scholarly journals as well. Hes going to discuss competing constitutional visions that were at play in the case. And also about the role of the conspiracy terms of influencing the debate that surrounds the case. After ilya somin, you hear from orin kerr. He has his ba from princeton in a and a masters from sensors and interceptors from harvard. After graduation he worked on the Third Circuit for Leonard Garth and the Supreme Court for Justice Anthony kennedy. He is nationally recognized as a scholar in the areas of criminal procedure and computer crimes and intellectual property and he has argued many cases throughout the country including the u. S. Supreme court and his articles have appeared in top legal journals that he was described as a oneman part of this debate. He will discuss what role the academics and commentators played in the runup to this case and he will compare that with the role that commentators have played in other Supreme Court cases as well. Last but not least you hear from Randy Barnett who is the waterhouse professor at Georgetown University of law center where he teaches on a variety of subjects. Hes a graduate of Northwestern University and harvard law school. He began his career as a prosecutor and the state attorneys office. In 2004 he argued that medical marijuana case in that case actually feature prominently in terms of the analysis for the obamacare case. Hes he is the author of over 100 articles as well as mine books. And he will discuss the role that policy played in litigation. Please join me in welcoming our panel. [applause] okay, up to you, whatever you would like. Okay. Thank you very much, john. Thank you to the Heritage Foundation for putting on and also for helping out and doing an incredible job of litigation. I also want to thank the conspirators come through to my left and uncle we are representing. David bernstein was my boss will proceso and he gave me opportunities work on this book. And i had some interesting experiences coming out of law school. So that was somewhat surreal things working at the Cato Institute. And so i lecture about this throughout the country and sometimes it doesnt have to return people to the cynics last and maybe a lot of promise of a hat because people forgot civics class and particularly politicians to view this as an impediment to making the world awesome. [laughter] for someone to talk about a frame of reference we know how the law works. The general theory is really important to realize this and we can talk about future dysfunctionality and how pleasing to indicate sort out. So obamacare is a political subterfuge in order to create the personal equivalent of a singlepayer system also calling a market. What i mean that i . Well, its a political subterfuge. How is that . Well, didnt say they were taxing us any further but what do they have to do that . Because they have these private companies covering preexisting conditions and a price controlled rate. We were told that you have to cover this and can charge more for that and youll say okay, what about the money . Needs money. And you can directly subsidizing Insurance Company or you could participate and make you purchase insurance and they wont have to raise taxes and this is a huge part of the law. Unquestionably part of this if you look at the cbo scoring of the law. Were sometimes if you take control of an industry too much they will consider that part of the cost of the bill. And they asked the cbo and said how much of a percentage of a medical loss ratio, how much will they save on costs and will make you include the cost of the individual mandate in the bill. And they said 89. 5 . And they said okay, 89. 5 . You will not think who the cost incurred. And then what happened next . They have a death spiral. And this is not a bargain of the law right now. This is a feature of the law. Theres no way to look at it otherwise. The things you generally wouldnt cover yourselves you can subsidize those that will be consuming more health care. And so the biggest mistake is not a redistributionist law. People will start finding out over the next year that this is a law and the reason they pay more is exactly and a novel by them in 2014 election. So that is what the individual mandate does. It subsidizes the rest of the cost and there are some taxes and i wont get into this 2700 page law, but that is the general idea. And ask the next question is what they are going to talk about a