Colorado Supreme Court’s Trump Disqualification Decision Analyzed

On January 15, 2024, Rob Natelson, Roger Mangan, and Susan Kochevar joined the show. Analyzed the constitutional defects in the Colorado Supreme Court’s Trump disqualification ruling and discussed his Epoch Times series on states’ reserved powers to combat border invasion Explained new roof enhancement endorsement for hail damage coverage and emphasized consumer advocacy in understanding insurance policies Discussed her experiences fighting regulatory overreach at.

Colorado Supreme Court’s Trump Ballot Decision

Start listening at 32:00 – Hour 1

Rob Natelson, constitutional scholar and author of The Original Constitution: What It Actually Said and Meant, breaks down the Colorado Supreme Court’s decision to remove Donald Trump from the 2024 ballot. Natelson argues the court’s ruling suffers from fundamental due process failures that should lead to reversal by the U.S. Supreme Court.

The trial court relied heavily on the January 6th House Committee report to conclude Trump was an insurrectionist under the 14th Amendment. Natelson contends this report represents inadequate due process since Trump was denied the right to counsel, could not introduce evidence or call witnesses, and all committee members had already voted to impeach him on the same charges. The proceedings amounted to what Natelson calls a “show trial” rather than a legitimate investigation.

The Supreme Court reversed the lower court’s finding that the presidency is not covered by the 14th Amendment’s disqualification provision, but Natelson criticizes this analysis as superficial. He notes that regardless of one’s political views on Trump, the denial of basic constitutional protections sets a dangerous precedent that could affect any American.

“His enemies have gone over the top and denying him due process repeatedly. The proceedings in the January 6th committee, where he was denied any right to have counsel, where all of those people sitting in judgment against him had already voted to impeach him on the same charges, where he was not permitted to offer evidence or introduce witnesses. That January 6th investigation was not an investigation. It was a show trial.”

Rob Natelson, Constitutional Scholar

States’ Reserved War Powers on Immigration

Start listening at 48:00 – Hour 1

Rob Natelson discusses his five-part Epoch Times series examining states’ constitutional powers to defend their borders from invasion. His research, conducted with a co-author, found that border states possess reserved war powers under the Constitution that allow them to defend against invasion, even capturing and deporting illegal entrants or attacking human trafficking cartels.

The Constitution does not lodge exclusive war and foreign affairs powers in the federal government, Natelson explains. While only the federal government can wage offensive war, states retain the power to wage defensive war against invasion. His research determined the current flood across the southern border qualifies as an invasion under the original meaning of the Constitution, triggering these state powers.

The series is available to Epoch Times subscribers immediately, and appears on the Independence Institute website one week after publication at independenceinstitute.org.

“The left doesn’t want to turn the United States into Europe. It wants to turn the United States into a third world country like Guatemala or Mexico. And this is good evidence of that. We see it everywhere.”

Rob Natelson, Constitutional Scholar

Colorado Homeowners Insurance Changes

Start listening at 64:00 – Hour 2

Roger Mangan, State Farm insurance agent with 47 years of experience serving Colorado families, explains critical new insurance options available to homeowners. He emphasizes that consumers should be assertive with their insurance companies, demanding reviews of their policies to understand both coverage and gaps.

A significant new endorsement effective March 1, 2024 addresses Colorado’s notorious hail damage problem. Previously, if hail damaged only one side of a roof, insurance would only cover that portion. The new roof enhancement endorsement provides 10% of dwelling coverage to replace the entire roof when hail damages any section, costing approximately $150 per year for a $500,000 home.

Mangan distinguishes between insurance companies with central hubs where customers never deal with the same person twice, versus local agents individually committed to their clients over decades of service.

“The old phrase, buyer beware, comes to mind. Do you really know what is in your policy? Most people don’t. They think one size fits all. So my recommendation to you as a consumer would be to be assertive. Call your company or your agent and demand a review from them.”

Roger Mangan, State Farm Insurance Agent

Entrepreneurship and Government Overreach

Start listening at 70:00 – Hour 2

Susan Kochevar, owner of the historic 88 Drive-In Theater, shares her experiences battling bureaucratic overreach as a small business owner. She recounts how Tri-County Health Department once tried to force her to install a $10,000 three-compartment sink despite an exemption in their own regulations for businesses like hers.

Kochevar had to go to a state legislator to force the department to recognize the exemption, which they finally put in writing only after pressure. At the time, she was saving to buy an $80,000 digital projector essential for survival in the modern movie industry. The unnecessary sink mandate would have pushed her into debt that could have collapsed the business.

The discussion expands to broader themes of capitalism versus cronyism. Kochevar explains that without profit, businesses cannot put people first, expand operations, pay employees, give raises, contribute to charities, or store money in banks that gets loaned for innovation. Self-interest properly understood means giving customers the best experience possible, not harming others.

“Without profit, you can’t put people first. Without profit, you can’t expand your business. You can’t give people better, more meaningful jobs without pay. Your employees are your best asset. Without profit, you can’t pay them. You can’t give raises to your employees, training classes. You can’t enhance your businesses so that your customers are happy or your patients are healthier.”

Susan Kochevar, Owner, 88 Drive-In Theater

ERCOT Grid Warnings and Energy Policy

Start listening at 71:00 – Hour 2

Susan Kochevar, reporting from Texas, shares that ERCOT warned residents to reduce heating as the grid approached critical levels during the frigid weather. She notes the irony that wind turbines cannot operate in such conditions, leaving the grid dependent on reliable generation sources that green energy mandates have systematically reduced.

The discussion connects energy policy to broader patterns of government overreach, from Colorado’s plastic bag ban to smart meters that could remotely control home electricity usage. Kim and Susan argue these policies prioritize control over genuine environmental protection, pointing to empty light rail trains and buses running on taxpayer subsidies as evidence.