| 00:00:56 |
none, -
THE PUBLIC DIALOGUE BY BRIDGING THE WORLDS OF SCHOLARSHIP AND POLICY. TODAY, WE ARE PLEASED TO WELCOME A MAN WHOSE WORK CONSISTENTLY INFORMS AND ENLIVENS...
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| 00:03:32 |
Unidentified Speaker, -
COURT CAME OUT WITH A CONTROVERSIAL DECISION IN THE ROPER CASE. AND I WATCHED ONE TELEVISION COMMENTARY ON THE CASE. IN WHICH THE HOST HAD ONE PERSON...
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| 00:41:12 |
Unidentified Speaker, -
OF TRANSPORTATION, A GOOD FRIEND OF THE WILSON CENTER. BILL, WE'RE DELIGHTED TO HAVE YOU. >>
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| 00:41:18 |
Unidentified Speaker, -
HOW ARE YOU? >> JUSTICE SCALIA, TALKING ABOUT
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| 00:41:21 |
Unidentified Speaker, -
ROPER. AND IF WE CAN GO BACK TO THE COURT'S CONCEPT OF EVOLVING STANDARDS THAT IT USED IN ROPER. IN ROPER AND ATKINS, YOU SAID THAT IN LOOKING AT CAPITAL...
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| 00:41:38 |
Unidentified Speaker, -
THE AGE OF 18 COULD
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| 00:41:40 |
Unidentified Speaker, -
BE PUT TO DEATH, YOU SAID THAT THE LEGISLATE TIMB -- IF THERE ARE EVOLVING STANDARDS OF WHICH WOULD BE USED WHEN INTERPRETING THE EIGHTH AMENDMENT THEY...
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| 00:42:29 |
Unidentified Speaker, -
IN 1871 REMAINS THAT TODAY. THE DEATH PENALTY WASN'T AND HENCE, IT ISN'T, DESPITE THE FACT THAT I'VE SAT WITH THREE WHO THOUGHT IT HAD BECOME UNCONSTITUTIONAL....
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| 00:44:03 |
Unidentified Speaker, -
KNOW. YOU KNOW, PERHAPS THE QUESTION SHOULD BE, HOW DID WE GET AWAY WITHOUT, WITHOUT HAVING IT DEVELOP MUCH SOONER. I MEAN, IT'S ENORMOUSLY SEE...
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| 00:44:23 |
Unidentified Speaker, -
FELLOW. YOU KNOW, HE, HE COMES HOME AT NIGHT, AND HIS WIFE SAYS, YOU KNOW, DEAR, DID YOU HAVE A GOOD DAY ON THE BENCH? OH, YES! YOU KNOW, WE HAD A...
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| 00:45:58 |
Unidentified Speaker, -
I'M NOT SATISFIED. COULD IT BE RELATED TO THE EXPANSION OF DEMOCRACY AFTER
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| 00:46:07 |
Unidentified Speaker, -
WORLD WAR
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| 00:46:09 |
Unidentified Speaker, -
II? TO
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| 00:46:10 |
Unidentified Speaker, -
THE RAPID CHANGES IN SOCIETY AFTER WORLD WAR II? THERE MUST BE SOME EXPLANATION.
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| 00:46:17 |
Unidentified Speaker, -
YOU NO KNOW, IT DOESN'T JUST COME OUT OF NOTHING. >> IT COULD COME OUT OF PEOPLE. IT BEGINS TO SWEEP THE JUDICIARY AT LEAST WITH THE WARREN COURT. YOU...
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| 00:46:42 |
Unidentified Speaker, -
MIND. AND ONCE YOU HAVE A LEADER WITH THAT MENTALITY, IT'S TEMPTING TO FOLLOW INTO THE LOVELY FIELDS THAT HE'S PIPING US INTO. >> THERE'S A QUESTION...
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| 00:47:20 |
Unidentified Speaker, -
RIGHTS TO AMERICANS TO MAKE DECISIONS ON HEALTH CARE, MEDICAL EMERGENCIES
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| 00:47:25 |
Unidentified Speaker, -
AND CHILDREN. ISN'T THE SENSE OF DUE PROCESS COVER DECISIONS THAT PEOPLE MAKE ABOUT THEIR OWN LIVES? >> OH, SUBSTANTIVE DUE PROCESS. I THOUGHT I MADE...
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| 00:47:53 |
Unidentified Speaker, -
BECAUSE THERE ARE A WHOLE BUNCH OF LAWS FROM THE VERY BEGINNING OF THE WORLD, THAT EVERY SOCIETY I KNOW OF, HAS ENFORCED. WE CAN START WITH BIGMY....
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| 00:49:09 |
Unidentified Speaker, -
LONGER PROTECT US, BECAUSE THE MAJORITY OF THE PEOPLE YOU SAY, WOULD EFFECT REPEAL IT. DO YOU REALLY BELIEVE THAT A MAJORITY OF THE AMERICAN PEOPLE...
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| 00:49:43 |
Unidentified Speaker, -
ORIGINALISTS. IT WOULD COME OUT THE OTHER WAY, BECAUSE VIRTUALLY ALL STATE LEGISLATURES AND THE FEDERAL CONGRESS, HAD APPROVED THIS NOTION OF ALLOWING...
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| 00:50:50 |
Unidentified Speaker, -
SOME PEOPLE DATE THE EMERGENCE OF A LIVING CONSTITUTION FROM THE CRISIS OF 1937, WHEN THE COURT AND THE PRESIDENCY WERE AT LOGGERHEADS OVER THE NEW...
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| 00:51:10 |
Unidentified Speaker, -
HAD CERTAINLY ENDORSED IN THE ELECTION OF 1936. AND THE COURT POPULATED BY CONSERVATIVES, PRIMARILY, SHIFTED A GOOD BIT IN ORDER TO, TO ACCOMMODATE THE...
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| 00:53:00 |
Unidentified Speaker, -
SAYING ORIGINALISM GIVES YOU AN ANSWER TO EVERY QUESTION. BUT IT GIVES YOU AN ANSWER TO AN AWFUL LOT OF QUESTIONS. INCLUDING THE MOST CONTROVERSIAL...
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| 00:55:03 |
Unidentified Speaker, -
DETAIL THE VARIOUS WAYS IN WHICH DIFFERENT PARTIES IN THE AMERICAN POLITICAL
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| 00:55:08 |
Unidentified Speaker, -
SPECTRUM HAVE ASKED THE COURT TO INTERVENE IN SHAPING THE POLITICAL
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| 00:55:14 |
Unidentified Speaker, -
PROCESS OF PARTIES AND INSTITUTIONS AND
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| 00:55:17 |
Unidentified Speaker, -
ELECTIONS. THERE'S BUSH V. GORE
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| 00:55:19 |
Unidentified Speaker, -
AND OTHER CASE WHERE IS BOTH LIBERALS AND CONSERVATIVES
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| 00:55:22 |
Unidentified Speaker, -
HAVE ASKED THE COURT TO REALLY TAKE A STRONG HAND IN DESIGNING PARTS OF THE AMERICAN POLITICAL PROCESS. AND AGAIN, THIS IS SOMETHING I THINK YOU WOULD...
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| 00:56:35 |
Unidentified Speaker, -
NOW, I DON'T SEE ANY -- LOOK, I'M NOT SAYING -- YOU KNOW ANOTHER ONE OF THE TERMS THAT I DON'T REALLY LIKE BESIDES "STRICT CON STRUGSIST," THE TERM...
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| 00:58:13 |
Unidentified Speaker, -
AND COUNCIL
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| 00:58:20 |
Unidentified Speaker, -
MEMBERS.
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.