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| TIME | SPEAKER | TEXT |
|---|---|---|
| 00:03:23 |
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IT IS MY GREAT HONOR AND DISTINCT PRIVILEGE TO WELCOME YOU TO WASHINGTON. IF THE UNLESS IS THE MELTING... |
| 00:04:39 |
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THAT IS WHAT WE STAND FOR. THAT IS WHAT WE FIGHT FOR. SO WHILE YOU ENJOY THE MANY OFFERINGS OF WASHINGTON,... |
| 00:05:15 |
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THANK YOU, ONY. GOOD AFTERNOON EVERYONE. |
| 00:05:21 |
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GOOD AFTERNOON. |
| 00:05:23 |
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YOU ARE LEARNING QUICKLY. ONE OF THE THINGS THAT WE THOUGHT WE COULD DO RIGHT AWAY AT THIS CONFERENCE... |
| 00:06:40 |
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OUR FIRST CONVERSATION BRINGS TOGETHER TWO PEOPLE WHOSE RESPECT FOR EACH OTHER IS AS STRONG AS THEIR... |
| 00:08:13 |
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NADE EVEN IS THE FIRST WOMAN TO SERVE IN THAT CAPACITY. [APPLAUSE] |
| 00:08:22 |
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ALSO A GRADUATE OF HARVARD LAW, WHERE SHE WAS ONE OF JUSTICE SCALIA'S SUCCESSORS AS EDITOR OF THE... |
| 00:10:16 |
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WELL, GOOD EVENING AND WELCOME. IN ADDITION TO THE EXCHANGE WITH EACH OTHER, YOUR SPEAKERS HAVE AGREED... |
| 00:10:51 |
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BUT AS MUCH AS WE IN THE NEWS MEDIA SOMETIMES LIKE TO KEEP IT SIMPLE, SOMETIMES LIFE IS MORE COMPLICATED.... |
| 00:11:56 |
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WHERE THE GOVERNMENT USES A DEVICE TO EXPLORE DETAILS OF THE HOME THAT WOULD PREVIOUSLY HAVE BEEN... |
| 00:12:22 |
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AND IN THE TEXAS FLAG BURNING CASE OF 1989, HE JOINED THE MAJORITY OPINION, ANOTHER 5-4 DECISION THAT... |
| 00:13:30 |
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WELL, YOU DIDN'T EVEN GIVE ME ENOUGH CREDIT. |
| 00:13:33 |
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I AGREE. |
| 00:13:35 |
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I DIDN'T JOIN THE MAJORITY OPINION, WHICH HELD THAT ULTIMATELY YOU COULD GET JUDICIAL REVIEW, BUT... |
| 00:14:26 |
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YOU KNOW, BUT WE WILL GO ONTO OTHER CASES. THAT EXPLAIN HAMDI. THE FLAG BURNING CASE, THAT IS HOW... |
| 00:16:04 |
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VIOLATING A DIFFERENT STUFF LIKE BURNING STUFF IN THE STREET, YOU CAN'T BURN LEAVING, RAGS OR FLAGS.... |
| 00:16:38 |
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THIS WAS A CASE INVOLVING PEOPLE -- THEY WERE GROWING MARIJUANA IN THE ATIC, AND THE POLICE COULD... |
| 00:17:39 |
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THERE ARE. I DON'T WANT YOU TO BE TO POPULAR WITH THIS GROUP. I RESPECT YOU FOR BEING HERE AND THANK... |
| 00:18:55 |
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WELL, THAT MAY WELL BE SO. I DO NOT TAKE ANY PUBLIC VIEW OR WHETHER IT WOULD BE GOOD OR BAD FOR GOVERNMENT... |
| 00:19:27 |
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I THOUGHT YOU WOULD LIKE THAT. |
| 00:19:29 |
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YOU THOUGHT I WOULD LIKE IT. I AM IN THE BUSINESS OF ENFORCING DEMOCRACY. WHAT DEMOCRACY MEANS IS... |
| 00:20:58 |
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AS YOU RIGHTLY SAY THE CONSTITUTION INCLUDED AN AMENDMENT PROCESS, AND THE ACLU'S DEFENSE OF RIGHTS... |
| 00:22:08 |
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WELL, WHOEVER SAID THAT WAS WRONG. I HAVE A TEXT THAT NO PERSON SHB DEPRIVED OF RIGHT LIBERTY OR... |
| 00:23:18 |
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IT IS INTERESTING. ON THE MODERN COURT, THE VERY FIRST JUSTICE TO READ THE CLAUSE AS PROTECTING THE... |
| 00:23:39 |
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BEFORE YOU DO, JUSTICE SCALIA COULD I ASK YOU TO PLEASURE |
| 00:23:44 |
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COULD I PLEASE MAKE ANOTHER POINT? |
| 00:23:48 |
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I WAS GOING TO ASK JUSTICE SCALIA TO EXPLAIN WHAT DUE PROCESS IS? |
| 00:23:56 |
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HE DOESN'T BELIEVE IN IT. HOW CAN HE EXPLAIN IT? |
| 00:24:00 |
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HE KNOWS WHAT IT IS. WELL, WHOEVER. |
| 00:24:07 |
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I DON'T BELIEVE IN ANARCHY EITHER, BUT I KNOW WHAT IT IS. |
| 00:24:10 |
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I AM SORRY. LET'S PUT ASIDE WHAT THE CLAUSE SAYS OR DOESN'T SAY. WE ARE A GOVERNMENT OF LIMITED POWERS.... |
| 00:24:48 |
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NADINE, YOU ARE APPEALING TO |
| 00:24:49 |
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YES. |
| 00:24:51 |
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I DON'T KNOW THAT I HAVE BEEN APPOINTED TO APPLY NATURAL LAW. I APPLY THE LIMITATIONS UPON DEMOCRACY... |
| 00:26:10 |
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BUT WHEN THE EQUAL PROTECTION POLICY WAS BROUGHT IN, NOBODY THOUGHT IT WAS OUTLOU RACIALLY SEGREGATED... |
| 00:26:30 |
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THAT IS FINE. THE QUESTION IS WHETHER THAT WAS RIGHT. THE QUESTION IS WHETHER YOU CAN LIVE WITH EVEN... |
| 00:27:02 |
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I WOULD WANT IT FOR THE SAME REASON THAT I AM VERY HAPPY THAT WE ARE NOT A PURE DEMOCRACY, THAT THE... |
| 00:27:43 |
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TRY PUTTING THAT IN THE TEXT. HOW MANY PEOPLE WOULD HAVE VOTED FOR IT? IT WOULD HAVE READ -- THE... |
| 00:28:24 |
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IF THAT IS WHAT THE BROAD TEXTURED CLAUSES OF THE CONSTITUTION SAID. THE FRAMERS COULD HAVE CHOSEN... |
| 00:29:24 |
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NADINE, LANGUAGE CAN BE CAME PATIENCE WITHOUT IMPLYING THAT ITS MEANING CHANGES IN THE FUTURE. WHEN... |
| 00:30:22 |
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I THINK WHAT I UNDERSTAND AS THE ORIGINAL MEANING THAT WOULD BE FINE. BUT DO YOU THINK THAT THE SUPREME... |
| 00:30:42 |
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I DON'T KNOW. I THINK HARLAN DISSENTED HAD THE BETTER ARGUMENT AS FAR AS I AM CONCERNED, AND I THINK... |
| 00:31:23 |
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IT IS NOT THE CONSTITUTION THAT CHANGES. IT IS THE SAME GENERAL PRINCIPLE SET OUT APPLIED TO CHANGING... |
| 00:32:09 |
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THE SMITH CASE? |
| 00:32:12 |
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IT ESSENTIALLY SAID THAT ANY LAW THAT IMPOSES A SUBSTANTIAL BURDEN ON A RELIGIOUS BELIEF OR PRACTICE... |
| 00:33:12 |
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IT WAS KIND OF YOU TO AVOID SAYING THAT THE RELIGIOUS FREEDOM RESTORATION ACT PASSED UNANIMOUSLY.... |
| 00:36:25 |
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OREGON? |
| 00:36:27 |
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WHAT DI SAY? OREGON. AND REVERSING THE OPINION FROM 20 YEARS AGO -- 20 OR 25 -- THAT BRENNAN HAD... |
| 00:36:47 |
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SHERBET VERSUS BERNARD. |
| 00:36:48 |
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RIGHT. THAT WHEN ANY GENERAL LAW COMBINATION UPON A PERSON'S RELIGIOUS BELIEF, THE STATE HAS TO DEMONSTRATE... |
| 00:38:22 |
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THOSE CASES CAME OUT CORRECTLY. BUT MORE IMPORTANT IS THE UNDERLYING PRINCIPLE, WHICH GOES BAG TO... |
| 00:39:48 |
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BAR NET DIDN'T TURN ON A RELIGIOUS CLAUSE. YOU WOULD REALLY CAME OUT THE OTHER WAY IN BAR NET IF IT... |
| 00:40:56 |
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BUT HE AND OTHERS WHO HAVE STUDIED THE ORIGINAL MEANING AND PURPOSE OF THE FIRST AMENDMENT FREE EXERCISE... |
| 00:41:14 |
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WHAT ABOUT REYNOLDS. THE MOTHER -- KSH -- MOTHER MONDAY CASE. HOW CAN YOU EXPLAIN THE DECISION IN... |
| 00:41:27 |
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IT WAS INCORRECT AS MANY WERE IN THAT ERA. |
| 00:41:32 |
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THERE GOES OUR BIGAMY LAW. |
| 00:41:35 |
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WELL, THE ACLU FOR REASONS OF RELIGIOUS FREEDOM AS WELL AS FREEDOM OF SPEECH AND PRIVACY WOULD DEFEND... |
| 00:43:05 |
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AS YOU HAVE POINTED OUT, I CONSIDER MYSELF A SERIOUS CATHOLIC. I DIDN'T EVEN KNOW THERE WERE VARIOUS... |
| 00:44:21 |
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A BIG EXCEPTION. |
| 00:44:23 |
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A BIG EXCEPTION, BUT IT IS CLEARLY BURNED INTO AMERICAN HISTORY. WE ARE NOT FRANCE OR EUROPE. THAT... |
| 00:44:36 |
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PLEASE DO. |
| 00:44:41 |
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IN MY OPINION, I WAS IN ROME ON 9/11 AT A CONFERENCE OF JUDGES AND LAWYERS. AND THE NEXT MORNING THE... |
| 00:45:29 |
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AND THE ACLU IS NOT ARGUING THAT IT IS. YOUR BRETHREN CERTAINLY DID NOT HOLD THAT IT IS IN THAT OPINION.... |
| 00:46:19 |
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I WANT TO MAKE CLEAR THE REASON I CAME OUT THE WAY I DID IS BECAUSE OF ALL THE MONDAYO THEISTIC RIDGES... |
| 00:46:43 |
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THAT IS ALL THE DIFFERENCE IN THE WORLD. AND AS JUSTICE O'CONNOR SAID, YOU CALCULATED THAT 7% --... |
| 00:47:06 |
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NEVER MEANT THAT. |
| 00:47:07 |
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THE FIRST QUESTION IS FOR YOU, MRS. STROSSEN. WHY MUST THE DEFENSE OF THE FIRST AMENDMENTS ALWAYS... |
| 00:47:20 |
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FIRST OF ALL, YOU DON'T HAVE TO BE A MEMBER TO BE HERE, SO I DEFEND ANYBODY'S RIGHT TO BE HERE. FOR... |
| 00:47:35 |
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I AM A SECRET MEMBER. |
| 00:47:37 |
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I WOULD DEFEND YOUR PRIVACY. I WON'T INQUIRE. THE FIRST AMENDMENT CASES BY DEFINITION ARISE IN THE... |
| 00:48:23 |
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JUSTICE THIS IS ABOUT YOUR OPINION IN THE GRUDER CASE. WHY DID YOU NOT DEWINE DIVERSITY TO BE A EXCELLING... |
| 00:48:35 |
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I DON'T BELIEVE IN A EXCELLING STATE INTEREST TEST. WHERE DID THAT COME FROM? THE CONSTITUTION |
| 00:48:48 |
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THIS IS THE MICHIGAN AFFIRMATIVE ACTION CASE. |
| 00:48:52 |
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YES. THE CONSTITUTION VERY CLEARLY FORBIDS GOVERNMENT TO DISCRIMINATE ON THE BASIS OF RACE. AND... |
| 00:49:28 |
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WOULD YOU SAY THAT RACIAL PRO FILING WOULD BE AUTOMATICALLY UNCONSTITUTIONAL THEN FOR THOSE REASONS?... |
| 00:49:35 |
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I DON'T THINK THAT IS A GENERAL BALL THAT USES RACE. YOU ARE TALKING ABOUT RACIAL PRO FILING IN WHAT... |
| 00:49:44 |
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CRIMINAL LAW ENFORCEMENT, TERRORISM LAW, ANTI-TERRORISM MEASURES. |
| 00:49:48 |
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I HAD BETTER NOT TALK ABOUT THAT. |
| 00:49:54 |
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OK. |
| 00:49:56 |
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SOMETHING AGAIN FROM PAST DECISIONS, AND THIS HAS GENERATED A LOT OF PUBLIC DISCUSSION IS WHETHER... |
| 00:50:13 |
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WELL, I AM SURE THAT THE DEAN LIKES IT -- THAT NADINE LIKES IT. BECAUSE ANNA DEAN'S VISION OF THE... |
| 00:51:36 |
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WELL, THE CONSTITUTION IN ITS TEXT REFERS EXPLICITLY TO THE LAW OF NATIONS, THE TERM FOR INTERNATIONAL... |
| 00:51:49 |
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IT WAS A REFERENCE TO PUBLIC INTERNATIONAL LAW. NOT THE RIGHT OF INDIVIDUALS. BUT THE RIGHTS OF STATES... |
| 00:51:56 |
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YOU ARE A SUPPORTER, REFERRING TO HISTORY, TO TRY TO GIVE MEANING TO SOME OF THE BROAD CLAUSES IN... |
| 00:52:21 |
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BUT THEY ARE NOT STRUGLAR WITH SIMILAR CLANG ADOPTED BY SIMILAR PEOPLE. IT MAY WELL BE THAT WHEN THE... |
| 00:53:08 |
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THIS IS A COROLARY QUESTION PERHAPS. IT ASKS YOU, JUSTICE SCALIA, ARE YOU TRULY SURPRISED THAT OTHER... |
| 00:53:21 |
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WHAT NATIONS ARE YOU TALKING ABOUT? PUBLIC OPINION POLLS IN BOTH ENGLAND AND FRANCE, AT LEAST UNTIL... |
| 00:54:24 |
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THE AMENDMENTS -- THAT PROHIBIT CRUEL AND UNUSUAL PUNISHMENT IS ANOTHER DELIBERATELY OPEN ENDED CLAUSE.... |
| 00:55:04 |
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TO BELIEVE THAT ABOUT THE EIGHT AMENDMENT AND THE REST OF THE RIGHTS, YOU HAVE TO BELIEVE THIS. THAT... |
| 00:56:06 |
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I AGREE. IT IS THE ULTIMATE SAFETY SET. WE CANNOT RETRENCH TO THE 18TH CENTURY, BUT HOPEFULLY WE ARE... |
| 00:56:37 |
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DUE PROCESS OF LAWS, EQUAL PROTECTION OF LAWS IS NOT A RATIFICATION FOR CUTTING BACK ON EQUAL RIGHTS... |
| 00:56:49 |
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IF IT IS WHAT THE CURRENT SOCIETY WANTS IT TO MEAN, SOMETIMES IT GIVES, AND SOMETIMES IT TAKES AWAY.... |
| 00:58:05 |
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BUT MY POINT IS, YOU KNOW, IF YOU FALL IN LOVE WITH AN EVOLVING CONSTITUTION, DO NOT THINK IT IS GOING... |
| 00:58:20 |
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WELL, CERTAINLY THE SUPREME COURT HAS MADE MISTAKES, MAY I SAY, THROUGHOUT HISTORY. BUT THE CONCEPT... |
| 01:01:00 |
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WHEN IT HAS DONE IT FOR 200 YEARS AND CONTINUES TO DO IT TODAY AND NO ONE HAS THOUGHT IT WAS UNCONSTITUTIONAL... |
| 01:01:13 |
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THAT IS NOT A BASIS FOR FINDING IT UNCONSTITUTIONAL. RACIAL APART TIDE. THE IMPORTANT POINT WAS THE... |
| 01:01:45 |
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WHAT IS THAT? |
| 01:01:47 |
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PROTECHING INDIVIDUAL FREEDOM OF ANDHOICE CONSENT. MANY INVOLVE UNEE QUAL POWER. |
| 01:01:56 |
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I DIDN'T KNOW THAT WE PROVENTED INCEST ONLY BETWEEN MINORS. |
| 01:02:03 |
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THE FALILL Y'ALL RELATION COULD DO THE SAME. THE POINT IS THAT LAW CANNOT BE BASED ONLY ON THE VIEW... |
| 01:02:27 |
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IF YOU PURR SUEDE YOUR FELLOW CITIZENS TO THAT, FINE. AND ABOLISH THOSE LAWS. BUT PURR SUEDE YOUR... |
| 01:02:50 |
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DO YOU THINK THAT THE FRAMMERS REALLY CONTEMPLATED THE SITUATION IN TEXAS THAT POLICE OFFICERS WOULD... |
| 01:03:19 |
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I DON'T ANY ANY POLICE OFFICER WOULD HAVE PROCEEDED IN THAT FASHION THEN OR NOW. BUT THAT DOES NOT... |
| 01:03:38 |
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THE FINAL QUESTION IS BASED ON THE FACT THAT THERE IS OBVIOUSLY MUTUAL RESPECT HERE AND THE QUESTION... |
| 01:03:55 |
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I THINK WE FIRST MET IN 191, WHICH WAS THE BICREN TEN Y'ALL OF THE BILL OF RIGHTS. AND WE PARTICIPATED... |
| 01:04:18 |
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TO BOTH OF YOU, THANK YOU VERY MUCH. [APPLAUSE] [APPLAUSE] |
| 01:04:54 |
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WE ARE JUST WAITING TO GO INTO CONVERSATIONS. I WAS WATCHING THE FACES AND THERE WAS WRAPPED ATTENTION... |
| 01:05:58 |
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THIS IS THE FIRST DAY OF THE A.C.L.U.'S MEMBERSHIP CONFERENCE. WE WILL HAVE MORE LIVE TOMORROW MORNING.... |
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.
