Jon welcome to the daily show. My name is jon stewart. I have a good divest tonight. The most delightful laugh in television to my mind, judge Andrew Napolitano will be joining us right over here. First, i want to let you people know i am a jew who is in to politics. cheers and applause . Been doing the show 15 years now. laughter speaking of which, ooh, i think we have a new middle east war brewing out there. Thats latebreaking news. Well have to deal with that when we get back. Whats better than a middle east war. Lets begin one more from the where are they now . You may remember mitt romney made a rather infamous statement that 47 of the country would not vote for him because they saw himself as victims, entitled housing, health care, from the government. As it turns out, much to his disappointment, barack obama was able to pick up four more percent of real america giving him the victory. Of course romney walked back his 47 statement. In this case i said something that was just completely wrong, and i absolutely believe, however, that my life has shown that i care about 100 , and and thats been demonstrated throughout my life. Jon i believe him. laughter theres something about a man standing in front of a perfectly pressed flag and the worlds cleanest indoor tractor that says, im the real deal. Laughed laug laughter you can imagine my surprise when this man, so unfairly character turd, by his own words, as an outoftouch plutocrat yesterday blamed his campaign loss on leaches. What the president s campaign did was focus on certain members of his base coalition, give them extraordinary financial gifts from the government, and then work very aggressively to turn them out to vote. laughter jon how on earth did mitt romney find out about the extraordinary bag of gifts . cheers and applause that we got. And this. Oh, what did obama give us . Oh, a bag of weed. That was nice. Oh, food stamp cozy. Contraception variety pack cheers and applause very thoughtful. Pinata filled with green cards and, of course, for the hipster voters, a certificate where lena dunham will chastise you while you master bait. Im kidding these are the gifts mitt romney is talking about. The president wooed hispanic voters are Free Health Care and amnesty for children of illegal immigrants. With regards to the young people, for instance, romney said, a forgiveness of college Loan Interest was a big gift. Anyone 26 years of age or younger was now going to be part of their parents plan. Free contraceptives were very big with young collegeaged women. Jon yeah, they loved bleep . While mitt romney blamed his loss on obama voters bribability. Its not a traditional america anymore. Traditional america as we knew it is gone. Ward, june, wally, and the beav, out of here. Yeah, pret much. laughter jon yes. Yes, bill. Obamas reelection marked the moment that traditional america ended. The moment when the family from the 1950s sitcom leave it to beaver, ceased to be real. Yes, it was a moment when cheers and applause traditional America Obamas reelection was the moment when traditional mrealized even their rich wives couldnt save them from being replaced. Bill oreilly, what are you talking about the demographics are changi changing. The white establishment is now the minority. Jon yes, as american demographics have always been changing. And the old establishment always giving way to and presenting a new establishment, mr. Oreilly and mr. Goldberg. laughter or perhaps mr. Oreilly is forgetting the hold on 19th century. laughter when people with names like oreilly were described in the christian examiner newspaper with phrase like, the illclad irish man is repulsive to our habits and tastes. By the way, the christian examiner newspaper at that time considered to be one of the more progressive newspapers by acknowledging the irish to be human. laughter heres harpers weekly on the 19th century threat to traditional white mesh. We gave them land fwages far better than they could obtain at home and come to us steeped in ignorance and superistition. Nearly 75 of our criminals and paupers are irish. See, bill, you guys turned most of that around. laughter applause as for your friend bernie, i did search might be rofear, the library of congress and could not find any instances at any point in American History where traditional americans didnt like jews. There was nothing there. I tried. Turns out, apparently, jews have always been in america and always been loved and accepted. laughter wish i could say the same for catholicism. Only about 30 of americanicals now attend weekly mass. You can see the impact of creeping secularism on the religious vote. On paper, the stats look hopeless for traditional americans. Jon right, as stats about creeping catholicism in the 1840s looked to the American Society to promote the principles of the protestant reformation or a. S. P. P. P. R. They hadnt cracked the acronym thing then. They felt the extension of catholicism endangered American Freedom and back in the leave it to beaver days they wouldnt even elect a catholic president until j. F. K. Gave a speech ensuring protestant clergy he wouldnt take orders from the pope. He would take orders from something that starts with a p and resembles a wrinkled old man wearing a hat. laughter applause ask not what you can do for your country. Lets just find some chicks. How do you think traditional americans would have reacted to a mormon candidate for president . Seeing as in 1857, president buchanan sent the army to utah to fight them. Bernie, bernie, bill, fox, you dont need to worry so much. What you are demonstrating is the health and vitality of americas greatest tradition a fevered ruling class lamenting the rise of a new et cetera nickly diverse new class one that will destroy all that is virtuous and good and bring the american experiment crashing to the ground. Except youre forgetting one thing that is the american experiment. Ap ethnic group arriving on americas shores, to be reviled, living in scallor, or if theyre lucky, scallor heights. laughter working hard to give their children or grandchildren the opportunity to bleep on the next Group Landing on our shores. cheers and applause . So enough. Enough relax enough with the lamentations. Unless your real name is sitting bill, youve got nothing to complain about. laughter well be right back. cheers and applausxcnn cheers and applause jon welcome back. The election is over the people have spoken, and the balance of power is exactly the same as it was before. laughter is gridlock inevitable or is there a solution . Al madrigal has more. By reelecting barack obama and leaving congress intact, voters changed basically nothing. It appears were facing years of inaction. But it doesnt have to be that way. According to Jonathan Miller of the reform group no labels. The biggest problem in washington is gridlock. We have democrats and republicans each behind their own bunkers and we dont get the work done that the constitution requires. What would do you to break gridlock . No labels has a 12point plan called make congress work. Youre going to make me listen to all 12 steps, right . I would like for to you listen to all 12. Okay. Step one, if congress doesnt pass a budget, then they dont get paid. Second, be willing to compromise with the other side. Step three, we want to fix the filibuster, step four is 119 a month too much for a gym membership. We want members t members to come to work five days a week. Step six, question time im sorry. What step were you on . Step 6. We would like to see the president come down to the welof congress what if i were to tell but the magical land of no gridlock. The land of no gridlock . Yeah. I would love to see that here in the united states. Well, it is here in the united states. Time for a closer look. Arizona. Yes, americas largest gated community has had no gridlock for the last two years, none. And in 2011, they passed four times as many laws as congress. This was accomplished with aicism legislative tool, according to state representative david shapeera. The republicans are able to pass the bills through pretty quickly and easily because they have a super majority in both chambers. Yes, a super majority. Its like a regular majority, but with a rare super power its ability to treat others as invisible. With twothird of the state house in their control, republicans can pass pretty much anything. They passed a bill that said that the colt 45 would be the state gun. Every state has a state gun. I dont think thats 2. There is a bill that defends us against some sort of like u. N. Invasion. Thats awesome. No, not really. Sv1359 would say medical professional doesnt have to inform a woman during her pregnancy if the child has a birth defect. Wow. Its just showboating at this point. Really rubbing it in your faces. Could be. Its like arizona republicans have already put the no labels 12step plan into place. And the people of arizona couldnt be happier. Theyre celebrating nonetheless streets, like this parade for antiimmigration law sv1070. The super majority is pazzing all these laws. Its something we need speaking spanish now, my span sir a little bit rusty but what he said there is he appreciates the streamlined lack of gridlock here in arizona. He also gave a shoutout to his girlfriend tina. Hes sorry he hurt her. The other girl meant nothing. Airfare talked to 600 people i think its basically bleep . I realized, maybe they dont like it. Hold. What is this law . It was a bill passed that allows Law Enforcement if they have reasonable suspicion to ask someone for documentation to prove their immigration status. So if youre brown, they can just pull you over and demand papers . Thats right. Youve got to be bleep me. Excuse me. Holy bleep . I didnt realize these laws could affect actual people, like me. If either party gets a super majority in d. C. , who knows what hell it could unleash . Chickfilas everywhere drum circles no are you bleep kidding me aahhh bleep you, 12 labels. Gridlock we need you jon alad cheers and applause . Jon my guest tonight, he is the senior judicial analyst for the fox news channel. His new book is called theodore and woodrow. Please welcome back, the good judge Andrew Napolitano. Whats up . Good to see you. Jon its the judge how are you, man . I am well. Jon were going to get into things, theodore and woodrow, but first this is a great audience. Jon theyre a lovely group of people. Theyre here the tickets are free. They didnt pay to get in . Jon they did not pay to get in. They love you. Let me ask you two things first youre not going to make me defend oreilly . Jon why, of course could you . laughter i would like to applause hes my buddy. Jon isnt there a prevailing attitude that im noticing over there that somehow weve reached a tipping point, that there is a new demographic change in america that is unlike the others. You mentioned it on the morning show that you thought oreilly was right that we are now a nation of takers. You know that if that attitude had prevailed, you and i, mr. Oreilly, if it had prevailed in americas history, you and i would not be here. I know if the government had not allowed newcombers to come to the country and flourish, you and i and a lot of good folks in the studio wouldnt be here. Thats why im in favor of open borders. I think you have natural rights. It doesnt matter where your mother was when you were born. You can go where you want and live where you go and its none of the governments business where you were born. Jon i think thats excellent. But why do you think there is this fear, though, that somehow theres im getting the sense that the right feels suddenly outnumbered . And i think its a fantasy, a paranoid fantasy. Remember im not of the right. Im the libertarian, the ron paul guy over there. applause . God bless you. Jon the people of the pot. And human freedoms. The right, obviously, is outnumbered because the election, the last two elections have told us so. But the right shouldnt be. It really should be able to appeal to a vast array of people who want the government out of their bank books and out of their victims and leave them alone. Jon in some respects, though, hasnt it shown people do want an effective federal government for some things . For instance, my parents my mother is from the bronx, my father is from brooklyn. My grandmother is from the bronx. Jon oh, my god, are we related . How could that possibly be . Give me that hand. Jon absolute this and then this. Right jon they grew up poor. City university at that time was free. They got an excellent, free education. Now, from the government. From a local city and state government. Not from the federal government. You see, theres this thing called the constitution. Thats why i wrote this book because these two characters didnt believe i believe that the constitution meant what it said. The constitution limits the federal government and lets the states and local governments to do things. If you dont want to pay fair city college in your taxes, go to another state where they dont have these columns. If you want to live where people can get a good education, people who otherwise couldnt afford it, go live where the taxes pay for those schools. As Ronald Reagan said people can vote with their feet. Jon ultimate the federal government poor people, obviously their suz, the soles are not as quick, have trouble trouble with mobility in some sparse. Youre saying the federal government should not be involved in education at all. No, the federal government should not be involved in education. Jon at all. Or the constitution should be amended to reflect the consensus that it should. But when the federal government exceeds the constitution and its the supreme law of the land, how can we trust the federal government to do anything . The federal government might even spy on the country tea chief spy because they think hes having an affair, even though thats against the law theyve sworn to uphold. Jon if your argument is we cant trust the federal government to do anything how can we trust it to do anything, like fight wars or what it says in constitution to do. The constitution was created to give us checks and balances. The states were a check on the federal government. I know youre not going to want to hear this. If they didnt like what the feds were doing, they could leave, and the fed would lose a lot of income but the threat of leaving would cause the feds to behave. Jon isnt that i thought the whole idea of the constitution was they tried what youre describing, and of in the articlees of confederation, and they went, oh, the whiskey rebellion, and then they consolidated i would have been on the side of the rebels. Listen, i candidly salute you for the history of the country that you gave because the establishment always pears the next generation. And if the establishment stopped the next generation from coming in, you and i wouldnt be here. Jon thats right. They pretend the next generation is not as virtuous. The country is big enough to expand and absorb. One out of many. The many come here and form a wonderful mosaic stephen theres got to be a latin phrase for that, thats more elkent. Theres got to be something in there. E pluribus. Jon wait, donaldy e no, thats not it. You talked about the spying. Youre talking about petraeus, the government and petraeus. You also have some theories about whats going on there, am i correct . Yes, i do, yes. Jon would you like to discuss them . I would. You want me to discuss them. Jon i would like to discuss them. I will say this, though. We are on television, and the federal government could be monitoring this conversation. I happen to believe the federal government monitors all conversations, even those between the head of the c. I. A. And his mistress. Jon if there was a guy having a mistress that should be monitored, wouldnt it be our top sty spyguy . Isnt that the whole idea, you dont want to blackmail the top spy . So many people knew about this, there was nothing to blackmail. The f. B. I. Knew about this from the time they did a background check on general petraeus. Jon thats in the foible file. I havent seen the file stephen judge. Having been the subject of a background check i know what they can find out. Jon when did you get a barque ground check. To go on the bench. Jon oh, i thought it was fox. laughter will you stick around for five minutes. Theodore and woodrow is on the bookshelves now. Judge Andrew Napolitano. cheers and applause