| 00:01:039 sec. |
Lamb, Brian - Host
Ellen Alderman, coauthor of the book "In Our Defense," you write about the Ninth Amendment, that it's become something of a joke. Why? |
| 00:01:1259 sec. |
Alderman, Ellen - Attorney
Well, some people think it has, and that actually came from some Senate hearings where somebody said, "Don't laugh when I bring up the Ninth Amendment."... |
| 00:02:1111 sec. |
Lamb, Brian - Host
Caroline Kennedy, co-author of the same book, the Third Amendment, what does it mean? "No soldier shall in time of peace be quartered in any house"... |
| 00:02:2235 sec. |
Kennedy, Caroline - Daughter
The Third Amendment, I'd say, has been working very well for 200 years. We haven't had any soldiers quartered in our homes. I think it just shows us... |
| 00:02:577 sec. |
Lamb, Brian - Host
There have been amendments further on beyond the Bill of Rights that have been repealed. How come no one's ever repealed the Third Amendment? |
| 00:03:0430 sec. |
Kennedy, Caroline - Daughter
Well, actually some people have found it to relate to this right to privacy that Ellen was talking about. It's one of the places that many people find... |
| 00:03:3411 sec. |
Lamb, Brian - Host
This book is already a best seller on some lists. You've been making the tour. What have you been hearing out there about peoples' interest in this... |
| 00:03:4541 sec. |
Alderman, Ellen - Attorney
In the Bill of Rights in general? We've been very encouraged by this tour or whatever you call it in going around and talking with different people... |
| 00:04:261 sec. |
Lamb, Brian - Host
Where did you get this idea? |
| 00:04:2756 sec. |
Kennedy, Caroline - Daughter
We met in a civil rights class at Columbia Law School, and I think both of us were struck by the stories of the people that we were reading about in... |
| 00:05:2313 sec. |
Lamb, Brian - Host
Talk about stories. Can we go to the Fourth Amendment? And you have a story about McSurely v. McClellan. Who are those two? |
| 00:05:361 min. |
Alderman, Ellen - Attorney
Well, Alan and Margaret Mcsurely were civil rights workers, first in Washington and then in Appalachia in Kentucky in the 1960s. They went down to Pike... |
| 00:06:3716 sec. |
Lamb, Brian - Host
You paint a picture in this chapter that's fairly vivid. You start off by saying, "On a hot summer night, Aug. 11, 1967, in Pike County . . ." How did... |
| 00:06:5312 sec. |
Kennedy, Caroline - Daughter
Well, we spoke to many of the participants, certainly all those almost who are still alive, and we worked from the public record, the trial transcripts.... |
| 00:07:052 sec. |
Lamb, Brian - Host
Did you go to Pike County, Kentucky? |
| 00:07:0727 sec. |
Kennedy, Caroline - Daughter
Actually none of the people in the story really are still there. Most of the major participants have scattered. So we went to see Alan McSurely in North... |
| 00:07:3424 sec. |
Lamb, Brian - Host
Okay, the Fourth Amendment, "The right of the people to be secure in their persons houses, papers, and effects against unreasonable searches and seizures... |
| 00:07:5836 sec. |
Alderman, Ellen - Attorney
Well, the Supreme Court says it means that we as Americans all have a reasonable expectation of privacy. That is the standard that's used. Today when... |
| 00:08:3415 sec. |
Lamb, Brian - Host
Back to the McSurely's. One of the things that just jumps out at me was Drew Pearson's name in this chapter, formerly of Jack Anderson and column fame.... |
| 00:08:491 min. |
Kennedy, Caroline - Daughter
Well, Margaret McSurely -- we were really trying to tell their story and the story of this couple -- had worked for Drew Pearson, and I think had an... |
| 00:09:504 sec. |
Lamb, Brian - Host
But Drew Pearson and Margaret McSurely were lovers? |
| 00:09:5429 sec. |
Alderman, Ellen - Attorney
Yes, they had an affair that Margaret's very candid about and, in fact, because of this case is a matter of public record, because when they came that... |
| 00:10:2312 sec. |
Lamb, Brian - Host
Go back to that night in August of 1967. They were in their home in Pike County, Kentucky, and how many people came in that night to take their papers... |
| 00:10:3531 sec. |
Alderman, Ellen - Attorney
The accounts vary, but it was around a dozen. They came in through the front door and the back door, and, in fact, it starts out as we do in the book.... |
| 00:11:062 sec. |
Lamb, Brian - Host
Why? |
| 00:11:0824 sec. |
Kennedy, Caroline - Daughter
Because the local sheriff and some of the officials thought that their work on behalf of the poor was -- they used a very old statute in Kentucky that... |
| 00:11:322 sec. |
Lamb, Brian - Host
Did they arrest both of them that night? |
| 00:11:3423 sec. |
Alderman, Ellen - Attorney
They did. During the search, they found some papers detailing Margaret's work. She had worked with SNCC [Student Nonviolent Coordinating Committee]... |
| 00:11:571 sec. |
Lamb, Brian - Host
Then what happened? |
| 00:11:5819 sec. |
Kennedy, Caroline - Daughter
Their belongings were also to taken to jail, and they challenged the sedition statute. That was eventually declared unconstitutional, but by that time... |
| 00:12:177 sec. |
Lamb, Brian - Host
Seventeen years. Where were the two of them during those 17 years? You say they're not together in the book. |
| 00:12:2442 sec. |
Alderman, Ellen - Attorney
Not any longer. They were moving around. They stayed in Kentucky and, in fact, because of space problems, we couldn't detail the entire journey after... |
| 00:13:063 sec. |
Lamb, Brian - Host
How much time did you spend with the McSurelys? |
| 00:13:0929 sec. |
Kennedy, Caroline - Daughter
Well, it was over sort of a longer period of time. We interviewed them as well as many of the attorneys in the case because this went on for 17 years.... |
| 00:13:381 sec. |
Lamb, Brian - Host
Go back to the Fourth Amendment to the Bill of Rights of the Constitution. |
| 00:13:3947 sec. |
Kennedy, Caroline - Daughter
Well, actually the reason why we included this particular case under the Fourth Amendment, which is one of the most heavily litigated of all the amendments... |
| 00:14:264 sec. |
Lamb, Brian - Host
Did it work? I mean, did it protect the McSurelys in this case? |
| 00:14:3021 sec. |
Kennedy, Caroline - Daughter
Well, the law becomes very, very complicated in this case, and it went off on a qualified immunity as well. Eventually they were vindicated. It was... |
| 00:14:519 sec. |
Lamb, Brian - Host
Meanwhile, though, you write that all the material that was taken was photocopied, sent here to Washington to the McClellan committee, and they all... |
| 00:15:001 sec. |
Alderman, Ellen - Attorney
Right. |
| 00:15:011 sec. |
Lamb, Brian - Host
Illegally? |
| 00:15:0211 sec. |
Alderman, Ellen - Attorney
Well, that was the question that Caroline said got a little complicated because once it was up in Washington, you had the question of immunity under... |
| 00:15:132 sec. |
Lamb, Brian - Host
Wait a minute. What's the speech-and-debate clause? |
| 00:15:151 min. |
Alderman, Ellen - Attorney
Oh, in the Constitution, congressmen have immunity from not just speech and debate but anything they do in furtherance of their official duties under... |
| 00:16:4913 sec. |
Lamb, Brian - Host
Then you write about that when you see Alan sitting there, going through each one of these documents and finding out about all these affairs that his... |
| 00:17:0235 sec. |
Alderman, Ellen - Attorney
No, I don't think it's as simple as that. I think, aside from getting into perhaps matters unrelated to the case, this was, as Caroline said, 17 years,... |
| 00:17:378 sec. |
Lamb, Brian - Host
Senator John McClellan, a Democrat of Arkansas, chaired the hearings. Is that right about Arkansas? |
| 00:17:453 sec. |
Kennedy, Caroline - Daughter
Right. |
| 00:17:482 sec. |
Lamb, Brian - Host
Were there ever hearings around this issue? |
| 00:17:5037 sec. |
Kennedy, Caroline - Daughter
No, the Senate was investigating riots that were taking place in the summer of 1968 across the country, and Margaret and Alan had attended a meeting... |
| 00:18:2710 sec. |
Lamb, Brian - Host
How do you like the Fourth Amendment? Is it a good one? Is it well done? Is it well written and what's the court history of this amendment? |
| 00:18:3735 sec. |
Alderman, Ellen - Attorney
I think it is for the reasons that Caroline and I said earlier in that it came out of a very specific problem, the Writs of Assistance, and going into... |
| 00:19:122 sec. |
Lamb, Brian - Host
What is that? |
| 00:19:1443 sec. |
Alderman, Ellen - Attorney
The exclusionary rule is just not for the Fourth Amendment. It's in other areas of the Constitution as well, but if the police seize something of yours... |
| 00:19:572 sec. |
Lamb, Brian - Host
What's your favorite amendment? |
| 00:19:5950 sec. |
Kennedy, Caroline - Daughter
I don't know that we have a favorite. I think the thing that we tried to do in our book, which hasn't really been done, is consider them all together.... |
| 00:20:4912 sec. |
Lamb, Brian - Host
You start this book out in your authors' note by saying, "In 1987, a newspaper poll showed that 59 percent of Americans could not identify the Bill... |
| 00:21:0131 sec. |
Alderman, Ellen - Attorney
Well, I think that particular poll was they asked them if they knew what the Bill of Rights was, and I think that some people could get probably the... |
| 00:21:326 sec. |
Lamb, Brian - Host
In the front of the book, let me hold it up here so our cameraman can get all these names. I don't know if he can get close enough or not. |
| 00:21:381 sec. |
Alderman, Ellen - Attorney
They'll be thrilled. |
| 00:21:393 sec. |
Lamb, Brian - Host
This is the dedication. Who are all these people? |
| 00:21:4214 sec. |
Kennedy, Caroline - Daughter
Well, the first line is my husband and children and my brother. The second line is Ellen's brothers and sisters and in-laws, and the last line, of course,... |
| 00:21:561 sec. |
Lamb, Brian - Host
Where did you both grow up? Ellen? |
| 00:21:576 sec. |
Alderman, Ellen - Attorney
Well, I grew up in a little town in Indiana and in New Jersey. |
| 00:22:031 sec. |
Lamb, Brian - Host
What's the name of the town in Indiana? |
| 00:22:043 sec. |
Alderman, Ellen - Attorney
Lawrence Township, Indiana, south of Indianapolis. |
| 00:22:071 sec. |
Lamb, Brian - Host
Where did you go to school? |
| 00:22:083 sec. |
Alderman, Ellen - Attorney
College? Cornell University. |
| 00:22:112 sec. |
Lamb, Brian - Host
And then Columbia Law School? |
| 00:22:131 sec. |
Alderman, Ellen - Attorney
Yes, that's where I met Caroline. |
| 00:22:142 sec. |
Lamb, Brian - Host
And you grew up? |
| 00:22:161 sec. |
Kennedy, Caroline - Daughter
In New York City. |
| 00:22:171 sec. |
Lamb, Brian - Host
Went to school? |
| 00:22:183 sec. |
Kennedy, Caroline - Daughter
I went to Harvard, and then I went to Columbia. |
| 00:22:2110 sec. |
Lamb, Brian - Host
Can you both remember when you first got interested in the law? What's the first moment that you can think back there where you said this is something... |
| 00:22:3129 sec. |
Kennedy, Caroline - Daughter
I can't really remember. I grew up being interested in issues and public issues. I know many people in my family -- Ellen's family, too -- are lawyers,... |
| 00:23:002 sec. |
Lamb, Brian - Host
What kind of documentary films did you work on? |
| 00:23:0210 sec. |
Kennedy, Caroline - Daughter
I did educational films. I worked at the Metropolitan Museum -- one on American history and American art, as well as some for children. Sesame Street... |
| 00:23:122 sec. |
Lamb, Brian - Host
When did you go to law school? |
| 00:23:144 sec. |
Kennedy, Caroline - Daughter
I graduated 1988, so I went in 1985. |
| 00:23:182 sec. |
Lamb, Brian - Host
Are you practicing now? |
| 00:23:204 sec. |
Kennedy, Caroline - Daughter
I'm not, no. I have two small children who this book is dedicated to, so I'm home with them. |
| 00:23:245 sec. |
Lamb, Brian - Host
Can you remember when you first got interested in the law? |
| 00:23:2917 sec. |
Alderman, Ellen - Attorney
No, actually, I think I'm with Caroline, that I grew up with it around me because of my family. It was more a question of when I was going to get to... |
| 00:23:462 sec. |
Lamb, Brian - Host
Did you two know each other doing documentary films? |
| 00:23:483 sec. |
Alderman, Ellen - Attorney
No. Just a giant coincidence. |
| 00:23:518 sec. |
Lamb, Brian - Host
Was this your idea to do a book put out by Morrow or was it Morrow's idea? In other words, did you take this to them or did they take it to you? |
| 00:23:5929 sec. |
Kennedy, Caroline - Daughter
Yes, we did. We got this idea in a civil rights class taught by Jack Greenberg, who was one of the team that argued the Brown v. Board of Education... |
| 00:24:281 sec. |
Lamb, Brian - Host
How did you divide up the writing? |
| 00:24:2931 sec. |
Alderman, Ellen - Attorney
Well, the writing we did divide up. The rest we didn't, and that's how it worked. We picked the cases together, we did all of the research together,... |
| 00:25:002 sec. |
Lamb, Brian - Host
Did you write it on a computer and pass back the disks or longhand? |
| 00:25:022 sec. |
Kennedy, Caroline - Daughter
No, we wrote it longhand. |
| 00:25:047 sec. |
Alderman, Ellen - Attorney
I wish we were that advanced. We do. We used a legal pad and pencil. |
| 00:25:112 sec. |
Lamb, Brian - Host
Is there another book already germinating here? |
| 00:25:1310 sec. |
Kennedy, Caroline - Daughter
No, we're trying to think of an idea that we would want to do as much as this. We've got a couple, but nothing really we're sure about. |
| 00:25:2329 sec. |
Lamb, Brian - Host
Another story -- I'll let you describe it -- got my attention as I was reading it because it got more and more complicated as it went through was the... |
| 00:25:5236 sec. |
Alderman, Ellen - Attorney
Well, it's usually brought up under the context of the death penalty. Cruel and unusual punishment can include excessive fines and bails and prison... |
| 00:26:284 sec. |
Lamb, Brian - Host
Raymond and Ricky Tison -- who are they? |
| 00:26:322 min. |
Kennedy, Caroline - Daughter
They're two brothers who grew up in Arizona, and their father was in jail most of their childhood. Finally they decided, along with their mother, it... |
| 00:28:3219 sec. |
Lamb, Brian - Host
During the description, especially of the killing, which is rather, to coin a phrase, descriptive, where you can talk about details as much as the fact... |
| 00:28:514 sec. |
Alderman, Ellen - Attorney
The trial transcript and the coroner's report. |
| 00:28:552 sec. |
Lamb, Brian - Host
It's all there? |
| 00:28:5728 sec. |
Alderman, Ellen - Attorney
Oh, yes. In fact, we left some things out because we thought that the picture was fairly clear, but, yes, at their murder trial, at their capital case,... |
| 00:29:253 sec. |
Lamb, Brian - Host
Let me ask you again. Who actually killed the family in the back of that car? |
| 00:29:282 sec. |
Alderman, Ellen - Attorney
Gary Tison and Randy Greenawalt. |
| 00:29:301 sec. |
Lamb, Brian - Host
What happened to those two men? |
| 00:29:3113 sec. |
Alderman, Ellen - Attorney
Gary Tison died of dehydration in the desert after their capture, and Randy is in prison. He is appealing, I believe, on an insanity defense. |
| 00:29:445 sec. |
Lamb, Brian - Host
And the two sons, Ricky and Raymond, right here, are still in prison? |
| 00:29:4926 sec. |
Alderman, Ellen - Attorney
They are in prison. They are on their first round of appeals now because this case that went to the Supreme Court was actually their original capital... |
| 00:30:155 sec. |
Lamb, Brian - Host
Right under this picture and in several others is the name Caroline Kennedy. Is that you? |
| 00:30:201 sec. |
Kennedy, Caroline - Daughter
Yes, it is. |
| 00:30:211 sec. |
Lamb, Brian - Host
You took these photographs? |
| 00:30:221 sec. |
Kennedy, Caroline - Daughter
Right. |
| 00:30:231 sec. |
Lamb, Brian - Host
Are you a photographer? |
| 00:30:2412 sec. |
Kennedy, Caroline - Daughter
It's sort of a hobby. We really thought it was important to have pictures of the people in the book, and certainly in the prisons, we were the only... |
| 00:30:3645 sec. |
Lamb, Brian - Host
One of the interesting things about your book also is in the back you list the entire Constitution plus all the other amendments. We've got this on... |
| 00:31:2116 sec. |
Kennedy, Caroline - Daughter
The 13th, 14th and 15th amendments are the so-called Civil War amendments. They were passed after the Civil War. The 14th Amendment is the way that... |
| 00:31:374 sec. |
Lamb, Brian - Host
So the 14th you consider to be one of the more important amendments? |
| 00:31:411 sec. |
Kennedy, Caroline - Daughter
Yes, perhaps. |
| 00:31:4210 sec. |
Alderman, Ellen - Attorney
That's the due process clause and the equal protection clause. That's what's used over and over in litigation and also was used to incorporate the entire... |
| 00:31:528 sec. |
Lamb, Brian - Host
You put the dates, as you can see here, under each one of the amendments. Amendment 15, right to vote cannot be denied on account of race. |
| 00:32:007 sec. |
Kennedy, Caroline - Daughter
These are the post-Civil War amendments which gave blacks the right to vote and equal protection. |
| 00:32:074 sec. |
Lamb, Brian - Host
First right to tax came in 1913. |
| 00:32:115 sec. |
Kennedy, Caroline - Daughter
It's the federal income tax. There was no federal income tax until the 20th century. |
| 00:32:169 sec. |
Lamb, Brian - Host
Another one in 1913 -- six year terms for senators. 1919. This is Prohibition. |
| 00:32:253 sec. |
Kennedy, Caroline - Daughter
Right, Prohibition. Eventually repealed by another amendment. |
| 00:32:281 sec. |
Lamb, Brian - Host
Women's right to vote. |
| 00:32:292 sec. |
Alderman, Ellen - Attorney
That's a surprising one. 1920. |
| 00:32:319 sec. |
Lamb, Brian - Host
The 20th amendment, 1933. That's when they changed the term of the president from March 3 to January 20. |
| 00:32:406 sec. |
Alderman, Ellen - Attorney
The now infamous Prohibition amendment. |
| 00:32:463 sec. |
Lamb, Brian - Host
Repeal. It's the only time they've ever repealed an amendment, right? |
| 00:32:491 sec. |
Alderman, Ellen - Attorney
Right. |
| 00:32:502 sec. |
Lamb, Brian - Host
Presidential term limitations? |
| 00:32:525 sec. |
Kennedy, Caroline - Daughter
This was after President Roosevelt served four terms, and then the limit was put on the presidential term. |
| 00:32:5719 sec. |
Lamb, Brian - Host
Gave the vote to the District of Columbia in the presidential election. Poll tax repealed. Presidential succession -- a more deliberate way to go from... |
| 00:33:164 sec. |
Alderman, Ellen - Attorney
That was obviously during the Vietnam era. |
| 00:33:2012 sec. |
Lamb, Brian - Host
Is that the last one? Now, roughly 19, 20 years since the last amendment to the Constitution. How come it's taken so long to change it again? |
| 00:33:3210 sec. |
Alderman, Ellen - Attorney
Well, some people don't think we should. I think probably the closest it came was the ERA, and we saw that actually go to the states. |
| 00:33:4226 sec. |
Kennedy, Caroline - Daughter
There's a seven-year period in which amendments can pass, and the ERA didn't pass the required number of state legislatures within that time period,... |
| 00:34:088 sec. |
Alderman, Ellen - Attorney
Flag protection. That one came very close, not as close as the ERA, but to protect the flag during the flag-burning controversy. |
| 00:34:164 sec. |
Lamb, Brian - Host
Do you think it's too hard to amend the Constitution or too easy? |
| 00:34:2019 sec. |
Alderman, Ellen - Attorney
As a general matter? I think it's just right. I think that we saw that with the flag-burning amendment, where it was a very impassioned public debate,... |
| 00:34:3913 sec. |
Lamb, Brian - Host
You've got the story on the Sixth Amendment. I'm going to hold up this one and see if you can tell us this story. |
| 00:34:522 sec. |
Kennedy, Caroline - Daughter
You're picking all the complicated ones. |
| 00:34:544 sec. |
Lamb, Brian - Host
I want you to explain it. I've read it all. I'm still trying to figure it out. |
| 00:34:581 min. |
Kennedy, Caroline - Daughter
Well, the Sixth Amendment gives us a right to an impartial jury. I'll sort of back into the story by saying that there was a time not very long ago... |
| 00:36:2859 sec. |
Kennedy, Caroline - Daughter
Smith and Machetti were married by this time. They had two trials for murder. They were both convicted and sentenced to death. Machetti's lawyers raised... |
| 00:37:2740 sec. |
Lamb, Brian - Host
Sixth Amendment. Why don't we find it here on the chyron and you can look and see what the Sixth Amendment says. "In all criminal prosecutions the accused... |
| 00:38:071 sec. |
Alderman, Ellen - Attorney
Yes. |
| 00:38:082 sec. |
Lamb, Brian - Host
Do you automatically put his meaning his or her? |
| 00:38:106 sec. |
Alderman, Ellen - Attorney
Yes. Women have a right to counsel as well as men if they're accused of a crime where they face imprisonment. |
| 00:38:1624 sec. |
Lamb, Brian - Host
Can the average person understand this or are these amendments calculated for the Lawyers Assistance Act of America? When you read this, you get the... |
| 00:38:401 min. |
Alderman, Ellen - Attorney
Well, that's one of the biggest problems. That is by far one of the biggest problems that Caroline and I both found, and it's particularly in the areas... |
| 00:40:002 sec. |
Lamb, Brian - Host
Is this the case involving John Coy? |
| 00:40:0210 sec. |
Alderman, Ellen - Attorney
No, this was the Harrison Cronic and the check-kiting scheme out of Oklahoma and his business that he set up. |
| 00:40:125 sec. |
Lamb, Brian - Host
Which was the Coy case? I remember reading somewhere where this was the only person that wouldn't talk to you in this process. |
| 00:40:173 sec. |
Alderman, Ellen - Attorney
Oh, right that was the one that, in fact, you're on. |
| 00:40:207 sec. |
Lamb, Brian - Host
Oh, this. I'm looking right at it. While we're there, and this is another Sixth Amendment case, I assume you don't want to go through the sordid details,... |
| 00:40:2745 sec. |
Kennedy, Caroline - Daughter
The Sixth Amendment basically gives you the right to a fair trial and to present a defense. This is a case involving a man who was accused of molesting... |
| 00:41:1211 sec. |
Lamb, Brian - Host
Go into a little more detail because part of the issue is whether or not you can have a television camera and be in another room and have the person... |
| 00:41:2324 sec. |
Kennedy, Caroline - Daughter
Well, the Supreme Court has approved the use of closed circuit television. It's another example of sort of the system has to catch up with itself. Now... |
| 00:41:4710 sec. |
Lamb, Brian - Host
Let's go back to the basics here. In our Defense is the name of your book, The Bill of Rights in Action is the combined title. Where did the Bill of... |
| 00:41:5727 sec. |
Alderman, Ellen - Attorney
The Bill of Rights came four years after the Constitution, which is something that not everyone knows because the Constitution set up our form of government,... |
| 00:42:242 sec. |
Lamb, Brian - Host
Who wrote the Bill of Rights? |
| 00:42:2610 sec. |
Kennedy, Caroline - Daughter
Principally James Madison was the man who drafted it. Originally there were 12 amendments in the Bill of Rights but only 10 passed the states. |
| 00:42:361 sec. |
Lamb, Brian - Host
Which two didn't pass? |
| 00:42:3712 sec. |
Kennedy, Caroline - Daughter
One dealing with raises for members of Congress and another dealing with the apportionment of Representatives. So it's interesting. |
| 00:42:495 sec. |
Lamb, Brian - Host
Why weren't these first 10 amendments included in the original Constitution? |
| 00:42:5435 sec. |
Kennedy, Caroline - Daughter
Well, there was a debate about it. It was hard enough to get the Constitution itself written and to get everybody to agree on that. Some people thought... |
| 00:43:299 sec. |
Lamb, Brian - Host
In the middle of writing the Constitution, was James Madison in favor of putting the Bill of Rights in then or did he come up later to fulfill a promise... |
| 00:43:3835 sec. |
Kennedy, Caroline - Daughter
Well, I think he realized that this public outcry would not go away and that the Constitution might not even pass. There were some states that were... |
| 00:44:135 sec. |
Lamb, Brian - Host
In the front of your book, you have this quote by Alexander Hamilton. Why? Who was he, by the way? |
| 00:44:1833 sec. |
Alderman, Ellen - Attorney
Well, in fact, he was on the other side in this debate at the time, but he was one of the people who spoke up for our individual rights at the time... |
| 00:44:516 sec. |
Lamb, Brian - Host
Who else in history was big on the Bill of Rights? Who wanted them strongly back during the debate? |
| 00:44:575 sec. |
Kennedy, Caroline - Daughter
Thomas Jefferson was a big supporter of the Bill of Rights, although he was not a member of the First Congress. |
| 00:45:021 sec. |
Lamb, Brian - Host
Anybody else? |
| 00:45:0312 sec. |
Alderman, Ellen - Attorney
Well, George Mason actually drafted the Virginia Bill of Rights which James Madison used in drafting the United States Bill of Rights. |
| 00:45:156 sec. |
Lamb, Brian - Host
When you decided to do this book, had you always thought about using the stories as a way to explain them? |
| 00:45:2120 sec. |
Kennedy, Caroline - Daughter
I think that was what we thought we could really add to this. There are many scholars out there who discuss the fine points of the law, but we thought... |
| 00:45:412 sec. |
Lamb, Brian - Host
You took this picture. Who is this woman? |
| 00:45:4353 sec. |
Kennedy, Caroline - Daughter
Well, her name is Jackie Bouknight. She's a young mother in Baltimore who had been in the foster care system herself all her childhood, who had been... |
| 00:46:361 sec. |
Lamb, Brian - Host
Did you talk to this woman in person? |
| 00:46:378 sec. |
Alderman, Ellen - Attorney
Yes, we went down to the Baltimore City jail and spoke with Jackie, and her lawyer was there and also the nun who's working with her there in the jail. |
| 00:46:454 sec. |
Lamb, Brian - Host
To this day the son is no where to be found? |
| 00:46:497 sec. |
Alderman, Ellen - Attorney
To this day, Jackie is still in jail and Maurice, her son, is still missing. |
| 00:46:563 sec. |
Lamb, Brian - Host
Did you get any sense that the son is somewhere? |
| 00:46:5928 sec. |
Alderman, Ellen - Attorney
No, we didn't really talk about that because at the time her case was still pending, so we didn't ask her directly about that. Also she was sort of... |
| 00:47:271 sec. |
Lamb, Brian - Host
How old is this woman? |
| 00:47:285 sec. |
Alderman, Ellen - Attorney
She's now in her early 20s. She was 18, I think, when this all began. |
| 00:47:333 sec. |
Lamb, Brian - Host
What's next in her case? |
| 00:47:3627 sec. |
Alderman, Ellen - Attorney
Well, now because they lost the Fifth Amendment argument in the Supreme Court, her attorneys are not arguing for her release on other grounds including... |
| 00:48:037 sec. |
Lamb, Brian - Host
When someone says, "I take the Fifth" -- you acknowledge this in your book -- that often sounds like you're guilty. |
| 00:48:1022 sec. |
Kennedy, Caroline - Daughter
Right. I think we found that was perhaps one of the more unpopular amendments. Even though it's perhaps the best known, people do feel that anyone who... |
| 00:48:321 sec. |
Lamb, Brian - Host
Ellen, who's this? |
| 00:48:3357 sec. |
Alderman, Ellen - Attorney
That's Rudy and Tammy Linares. That's a particularly poignant story that we followed outside of Chicago. Their little boy, Sammy, when he was six months... |
| 00:49:301 sec. |
Lamb, Brian - Host
Did you talk to these two? |
| 00:49:3140 sec. |
Alderman, Ellen - Attorney
Yes, we did. They're in the book because Rudy was charged with murder, and in Illinois it's defined as intentional killing and there's no doubt that... |
| 00:50:111 sec. |
Lamb, Brian - Host
Where are they now? |
| 00:50:125 sec. |
Kennedy, Caroline - Daughter
They're still living in Chicago. They have other children. |
| 00:50:179 sec. |
Lamb, Brian - Host
Speaking of Chicago, you have a Morton Grove, Ill., case, Second Amendment. What's the Second Amendment and who are these folks? |
| 00:50:261 min. |
Kennedy, Caroline - Daughter
The Second Amendment contains the phrase "the right of the people to keep and bear arms." That's used to argue for a right to have a gun. Actually it... |
| 00:51:511 sec. |
Lamb, Brian - Host
Who's this? |
| 00:51:5238 sec. |
Alderman, Ellen - Attorney
That below her is Don Bennett. The people who object to a gun ban say that they need guns for self defense, and they object to it because they say it's... |
| 00:52:305 sec. |
Lamb, Brian - Host
Over the years, how much has the Second Amendment been changed by interpretation by the courts? |
| 00:52:3532 sec. |
Alderman, Ellen - Attorney
Almost not at all. That's the amazing thing. Probably the law is clearest under the Second Amendment as far as the courts are concerned. It refers to... |
| 00:53:0717 sec. |
Lamb, Brian - Host
There's a lot we haven't talked about and we're running out of time. I've saved this one until last because we would probably be criticized here if... |
| 00:53:2420 sec. |
Alderman, Ellen - Attorney
I think to the individual, the man in the street kind of person, it's probably the most important. As Caroline said at the beginning, it's when you... |
| 00:53:448 sec. |
Lamb, Brian - Host
Do people think that it is something that it isn't, as you looked at it? There are several different parts to this -- press, religion, speech, assembly. |
| 00:53:5218 sec. |
Kennedy, Caroline - Daughter
I think people have a pretty good understanding of the First Amendment. There are certainly some tough questions that come up. We have the case in our... |
| 00:54:102 sec. |
Lamb, Brian - Host
Who's this by the way? I didn't mean to interrupt. |
| 00:54:1228 sec. |
Kennedy, Caroline - Daughter
The top is the Klansman who was going to host the show and underneath is the new mayor of Kansas City, Reverend Emanuel Cleaver, who led the opposition.... |
| 00:54:402 sec. |
Lamb, Brian - Host
What did you think of this Kansas City case? |
| 00:54:4232 sec. |
Alderman, Ellen - Attorney
We thought that it was perfect for our book because it raised not only the question of offensive speech that Caroline raised but also the intersection... |
| 00:55:1413 sec. |
Lamb, Brian - Host
One of the things I noticed when I looked at all these cases, almost all of them are fresh -- '87, '88, '89. You have up-to-date information on some... |
| 00:55:2731 sec. |
Kennedy, Caroline - Daughter
Well, we did. We wanted to talk to people whose recollection of their case would be fresh, and so we went around and tried to find interesting tough... |
| 00:55:584 sec. |
Lamb, Brian - Host
And the case with the Third Amendment, there was only one case. |
| 00:56:021 sec. |
Kennedy, Caroline - Daughter
Right. There wasn't a lot of choice. |
| 00:56:031 sec. |
Alderman, Ellen - Attorney
That was the easiest one to pick. |
| 00:56:048 sec. |
Lamb, Brian - Host
When have you gotten the maddest reading the reviews around the country from other lawyers about this book? Has anybody said anything that made you... |
| 00:56:1221 sec. |
Alderman, Ellen - Attorney
I'm embarrassed to say no. We've had very favorable reviews, and we're thrilled that people get what we were trying to do. If somebody says they would... |
| 00:56:338 sec. |
Lamb, Brian - Host
What's been the most rewarding moment that you've had possibly as you've traveled where you've said to each other, "That's what this is all about." |
| 00:56:4123 sec. |
Kennedy, Caroline - Daughter
I think, actually, at least recently, it's been going on some of these call-in shows where we found that contrary to the public perception that people... |
| 00:57:042 sec. |
Lamb, Brian - Host
Any particular moment that you'll remember? |
| 00:57:0619 sec. |
Alderman, Ellen - Attorney
We visited a school. We visited at a high school and sat with the kids for several hours talking about this. They had been assigned parts of the book... |
| 00:57:256 sec. |
Lamb, Brian - Host
Ellen Alderman, Caroline Kennedy. This is what the book looks like. It's called In Our Defense. Thank you both for joining us. |
| 00:57:311 sec. |
Alderman, Ellen - Attorney
Thank you. |
| 00:57:321 min. |
Kennedy, Caroline - Daughter
Thank you. |