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| TIME | SPEAKER | TEXT |
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| 00:00:15 |
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COMING UP NEXT, BOOK TV PRESENTS "AFTER WORDS," AN HOUR-LONG INTERVIEW PROGRAM WHERE WE INVITE A GUEST... |
| 00:00:57 |
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WHY DID YOU COLLECT "A TIME TO SPEAK" AND IS THIS JUST A BOOK FOR LAWYERS? |
| 00:01:03 |
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THE ARTICLES BECAUSE THE INTERCOLLEGIATE STUDIES INSTITUTE APPROACHED ME AND ASKED ME TO COLLECT,... |
| 00:02:36 |
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YEAH, IT DID SEEM, THE ARTICLES WERE VERY CLEAR AND NOT TYPICAL OF LEGAL WRITING. I WANTED TO ASK... |
| 00:03:04 |
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WELL, I WOULD BE EVEN MORE CONCERNED ABOUT OBAMA AS YOU OF JUDGES EXCEPT FOR THE FACT THAT THE LIKELY... |
| 00:05:01 |
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ONE OF THE THINGS I GUESS YOU'VE TALKED A LOT ABOUT THE INTENTIONS OF THE FRAMERS AND OUR ORIGINAL... |
| 00:05:21 |
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WELL, A REGIONALISM, WE HAVE TO DEFINE THAT BECAUSE THERE IS NOW A LARGE DEBATE TAKING PLACE IN THE... |
| 00:06:13 |
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MOST PEOPLE ON A GIVEN LEGAL CASE TEND TO LOOK TO THE RESULTS AND THEY THINK THE DECISION IS GOOD... |
| 00:06:23 |
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IT'S QUITE EDUCATED PEOPLE MAKE THAT MISTAKE. I REMEMBER MORGAN ON TELEVISION WHEN THE TEXAS HOMOSEXUAL... |
| 00:06:59 |
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ARE THERE THINGS THE CONSTITUTION, MAJOR THINGS THE CONSTITUTION DOESN'T PROTECT AGAINST? ARE THERE... |
| 00:07:09 |
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NO, I CAN'T THINK OF ANY BAD THINGS THAT ARE GOING TO HAPPEN. THERE ARE WALLS THAT WILL PASS THE... |
| 00:08:28 |
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YOU SAID A COUPLE OTHER THINGS -- |
| 00:08:30 |
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I SAID A COUPLE OTHER THINGS, YOU HAVEN'T GOT THE EMBARRASSING ONES, BUT GO AHEAD. |
| 00:08:36 |
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I ONLY HAVE A COUPLE OF THE EMBARRASSING ONES. YOU SAID THAT INTENTIONAL AND THIS IS A QUOTE FROM... |
| 00:09:31 |
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IT IS INEVITABLE WHEN A JUDGE DECIDES THE CASE THAT TO SOME DEGREE IT IS THEIR OWN IDEAS BECAUSE HE... |
| 00:10:57 |
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IS THERE EVER A CASE WHEN COURT IS JUSTIFIED IN A WILLING THAT'S NOT REALLY REQUIRED BY THE CONSTITUTION?... |
| 00:11:14 |
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NO, I DON'T THINK SO. I THINK THAT A CONCURRING OPINION BY REHNQUIST AND DONALDSON WAS BASED ON THE... |
| 00:12:10 |
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HOW MUCH WIGGLE ROOM DOES THAT GIVE A JUDGE? IN OTHER WORDS, IS THAT JUST KIND OF THE WAY IT IS OR... |
| 00:12:42 |
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THE IDEA OF HOLDING THE ORIGINAL UNDERSTANDING OF THE CONSTITUTION IS NOT IN MECHANICAL IDEA. YOU... |
| 00:13:48 |
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BUT YOU HAVE A DISCUSSION ABOUT THE CASE IN THE BOOK, AND IT IS QUITE FASCINATING. I WANTED TO SWITCH... |
| 00:14:08 |
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I PICKED UP THAT PHRASE FROM A POLITICAL PHILOSOPHER AT YALE UNIVERSITY. AND THE IDEA THE WAY HE RAISES... |
| 00:15:23 |
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THE QUESTION IS TRICKY BECAUSE WHEN YOU HAVE A MINORITY, MINORITY I GUESS BASICALLY PROTECT SPRICK... |
| 00:15:43 |
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WELL, IT'S ALREADY PROTECTED A COUPLE OF WAYS. ONE IS FOR RERUNS OF MAJORITY. THE MAJORITY IS NOT... |
| 00:16:49 |
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WELL, OF COURSE HE WAS RIDING IN THE PERIOD WHEN IDEOLOGY WAS EVERYWHERE AND INTENSE. HE WAS TALKING... |
| 00:20:32 |
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I WANT TO PICK UP ON THAT, BUT ALSO ONE OTHER THING HERE, YOU TALK AND IT SEEMS TO ME TO CONTINUE... |
| 00:21:00 |
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CAN I EXPLAIN -- |
| 00:21:02 |
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EXPAND. |
| 00:21:03 |
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THE TRADITIONS, WE HAVE HAD TRADITIONS WHAT IS PROPER BEHAVIOR, CIVIL BEHAVIOR, IT WAS DECENT BEHAVIOR... |
| 00:23:37 |
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YOU WROTE EARLIER THAT YOU THOUGHT THE FIRST AMENDMENT BASICALLY INTENDED TO COVER POLITICAL SPEECH... |
| 00:23:50 |
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YES, IF YOU LOOK AT THE FUNCTION OF SPEECH SERVES I DO THIS END IN ARTICLE AND THEY'RE CAUGHT MUTUAL... |
| 00:24:53 |
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SO YOU HAVE THE COURTS DO VERY LITTLE. |
| 00:24:55 |
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THAT'S RIGHT. WELL, THERE'S A CASE CALLED TO PINSKY VERSUS NEW HAMPSHIRE, WHICH WE DON'T WANT TO GO... |
| 00:26:49 |
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SO RELIGION GETS INTO IT. WHAT HAVE YOU SEEN IN TERMS OF THE TREND OF THE COURT OVER TIME IN TERMS... |
| 00:27:01 |
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IT'S NOT JUST OF THE COURT. THAT'S ONE REASON I SAY THIS BOOK IS NOT JUST FOR LAWYERS BY ANY MEANS.... |
| 00:29:25 |
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WE NEED TO TAKE A QUICK BREAK AND WE WILL BE RIGHT BACK WITH JUDGE BORK AND "A TIME TO SPEAK." |
| 00:29:34 |
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"AFTER WORDS" AND SEVERAL OTHER C-SPAN PROGRAMS ARE AVAILABLE FOR DOWNLOAD AST PODCAST. MORE WITH... |
| 00:31:30 |
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"AFTER WORDS" WITH ROBERT BORK AND EUGENE MEYER CONTINUES. |
| 00:31:41 |
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YOU WERE QUOTED AT ONE STAGE ABOUT DESCRIBING THE NINTH AMENDMENT AS A BLOT ON THE CONSTITUTION. IS... |
| 00:31:51 |
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YEAH. THE NINTH AMENDMENT, MAYBE I'D BETTER TELL PEOPLE WHAT IT IS. IT SAYS THAT THE FACT THAT THE... |
| 00:32:45 |
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HAVE YOU DONE THAT OFTEN? |
| 00:32:47 |
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YES. [LAUGHTER] |
| 00:32:50 |
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BOUGHT SO, IF A JUDGE COMES ACROSS SOMETHING EITHER IN THE CONSTITUTION OR IN A STATUTE THAT HE CANNOT... |
| 00:33:02 |
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HE SHOULD SAY HE DOESN'T KNOW WHAT IT MEANS. THAT HE HAS NO GUIDANCE DECIDING THE CASE. AND JUDGES... |
| 00:34:04 |
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I WANT TO SWITCH TO THE AREA OF INTERNATIONAL LAW WHICH YOU HAVE A SECTION ON IN YOUR BOOK. JUSTICE... |
| 00:34:35 |
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WELL, I THINK THAT CALABRESI IS CLOSER TO THE TRUE FAN SANDRA DAY O'CONNOR. APPLY DON'T THINK EITHER... |
| 00:35:36 |
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ONE QUESTION I'VE HEARD ASKED IS WHY SHOULDN'T OUR JUDGES NOT TO BORROW FROM THINGS THEY THINK ARE... |
| 00:35:51 |
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I THINK I JUST ANSWERED THAT. JUSTICE BREYER IN ONE CASE RECOMMENDS WE CONSIDER THE SUPREME COURT... |
| 00:36:33 |
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SO, THE CURRENT TRENDS IN THE COURTS TO LOOK AT INTERNATIONAL LAW AND THE DEGREE -- |
| 00:36:42 |
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THAT'S WINDOW DRESSING. YOU GET A CASE OF A JUVENILE MURDER AND THE QUESTION IS, JUVENILE WHEN HE... |
| 00:38:07 |
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SO, THE COURT IN SOME SENSE WHEN YOU ARE SAYING IS JUSTICES MAY KNOW WHAT THEY WANT TO DO AND THEY... |
| 00:38:30 |
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THAT'S RIGHT. |
| 00:38:31 |
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I WANT TO SWITCH TO A DIFFERENT PHASE OF YOUR CAREER. YOU SERVED AS SOLICITOR GENERAL OF THE UNITED... |
| 00:38:40 |
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AND MOSTLY AND FORD. |
| 00:38:43 |
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THAT'S RIGHT, YEAH. BUT UNDER NIXON, AS IT FELL TO YOU TO FILE A BRIEF AGAINST VICE PRESIDENT OF THE... |
| 00:39:00 |
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THERE'S ALL KIND OF COMPLICATIONS. SPIRO AGNEW, THE VICE PRESIDENT WHEN HE WAS GOVERNOR OF MARYLAND... |
| 00:40:48 |
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THERE WAS ONE OTHER DURING NIXON'S ISSUE HE FACES -- |
| 00:40:53 |
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ONLY ONE OTHER? |
| 00:40:56 |
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THERE WERE QUITE NUMBER, THIS ONE STRIKING IN REGARD. CONCERNING ARCHIBALD COX AND HIS ROLE AS SPECIAL... |
| 00:41:38 |
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I'M WORKING ON A BOOK RIGHT NOW WHICH WILL COVER THAT SUBJECT IN SOME DETAIL. IT'S A HARD SUBJECT... |
| 00:42:55 |
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I DON'T KNOW, AND THIS ALSO GETS TOO MUCH INTO THE OTHER BOOK, BUT I AM JUST CURIOUS WHAT YOUR REACTION... |
| 00:43:10 |
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WELL, I HAD A UNIQUE EXPERIENCE I GUESS. I DON'T KNOW. I NEVER MET NIXON THAT HE WASN'T INTELLIGENT,... |
| 00:44:39 |
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IS A SURPRISING GIVEN THAT KNOWLEDGE THAT HIS OWN SUPREME COURT APPOINTMENT WAS NOT SORT OF COHERENT... |
| 00:44:56 |
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NOBODY IN THE APPOINTMENT WAS LUCK. THEY DECIDED ROE VERSUS WADE WHICH WAS OUTRAGEOUS DECISION. I... |
| 00:45:31 |
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I'VE LOST IT FOR A MOMENT TOO. [LAUGHTER] YOU DID BRING ANOTHER QUESTION -- |
| 00:45:43 |
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ABOUT NIXON. HE WAS A TREMENDOUSLY HARD WORKER AND STUDENT OF ALL KIND OF AFFAIRS. AND I OFTEN DIDN'T... |
| 00:47:03 |
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IN YOUR BOOK YOU INCLUDE PREVIOUSLY UNPUBLISHED ADDRESS, CONSERVATISM AND THE CULTURE. AND THERE... |
| 00:47:24 |
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DO YOU RECALL HOW I GOT IT IN THE BOOK? I KNOW WHERE IT IS, I JUST DON'T UNDERSTAND IF I DIDN'T PUBLISH... |
| 00:47:34 |
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YOU PROBABLY HAVE A LITTLE NOTE ON IT. ONE OF THE THINGS THAT'S INTERESTING ABOUT THIS BOOK IS THERE... |
| 00:47:58 |
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WHAT ABOUT IT? |
| 00:48:00 |
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I WAS INTERESTED, YOU WERE TALKING ABOUT WHAT TRUE CONSERVATISM MEANS, AND I WONDERED IF HE WANTED... |
| 00:48:17 |
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PEOPLE KEEP SAYING IF WE WERE TRUE TO THE CONSERVATIVE PRINCIPLES WE WOULD DO BETTER IN THE BALANCE... |
| 00:49:41 |
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ONE THING WHICH PERVADES THE BOOK WHICH IS A COLLECTION OF YOUR SPEECHES, YOUR OPINIONS -- |
| 00:49:56 |
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WHAT IS IS MY CAREER HAS MOVED AROUND. I WAS IN PRIVATE PRACTICE, I WAS SOLICITOR GENERAL FOR FOUR... |
| 00:50:53 |
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NOW IT SEEMS AND ALL OF THESE THREE DIFFERENT AREAS THERE DOES SEEM TO ME AT LEAST IN READING THE... |
| 00:51:28 |
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THERE'S AN ARTICLE, A SPEECH CALLED THE BOILER WHICH SOUNDS THINGS LIKE THAT AND I THINK YOU CAN CALL... |
| 00:53:11 |
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ALSO MICHAEL SOUNDS VERY MUCH LIKE MICHAEL. |
| 00:53:17 |
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A LOT OF GOOD PEOPLE HAVE TAKEN THAT POSITION. AND I MUST SAY I OF THE FACT I TAKE IT NOT TO MY OWN... |
| 00:53:31 |
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ARE THERE OTHER THINGS ABOUT THE BOOK THAT YOU WOULD WANT TO CALL TO THE AUDIENCE ATTENTION TO THAT... |
| 00:53:41 |
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THE MARTINIS ARTICLES LIGHTING ARE CRUCIAL TO THE WESTERN CIVILIZATION. |
| 00:53:47 |
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SO, I ALSO TRIED THE ARTICLE, THIS IS NOT JUST A BOOK OF IDEAS AND PHILOSOPHY OF LAW, BUT THERE ARE... |
| 00:54:07 |
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EDWARD LEVY WAS THE FIRST PROFESSOR I HAD IN LAW SCHOOL AND THEN HE BECAME THE DEAN OF THE LAW SCHOOL... |
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.
