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Unidentified Speaker, -
3. >>> GOOD MORNING, EVERYONE AND PLEASE BE SEATED. I'M PART OF THE C-SPAN TEAM. MY JOB IS TO WELCOME ALL OF YOU TO THE COURT AND INTRODUCE OUR SPEAKER....
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| 00:01:12 |
Unidentified Speaker, -
COURT JUSTICES. WE'RE VERY PLEASED YOU CAN TAKE PART IN THIS. WE KNOW IT'S A SPECIAL EXPERIENCE TO BE HERE IN THE SUPREME COURT. SINCE IT'S STUDENTS...
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| 00:04:28 |
Unidentified Speaker, -
28 GRANDCHILDREN. WELL, YOU LOOK LIKE THE PEOPLE THAT MY CHILDREN WENT TO SCHOOL WITH, BECAUSE, IN FACT, MOST OF MY CHILDREN, SEVEN OF THEM, HAVE GONE...
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| 00:11:38 |
Unidentified Speaker, -
IS MENTIONED IN THE CONSTITUTION APPROVINGLY, IT NONETHELESS IS UNCONSTITUTIONAL TODAY UNDER THE
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| 00:11:46 |
Unidentified Speaker, -
EIGHTH AMENDMENT WHICH PROHIBITS CRUEL AND UNUSUAL PUNISHMENTS. THAT IS THE NOTION THAT THE CONSTITUTION CHANGES AND IT'S UP TO THE SUPREME COURT...
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| 00:17:26 |
Unidentified Speaker, -
USE WITHOUT DUE COMPENSATION. AND THAT HAS TRADITIONALLY BEEN UNDERSTOOD TO CONTAIN TWO REQUIREMENTS. NUMBER ONE, IF THE STATE TAKES IT OR THE FEDERAL...
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| 00:17:40 |
Unidentified Speaker, -
FAIR MARKET VALUE AND THERE'S A LOT OF COURT LITIGATION INVOLVING THE ISSUE OF WHAT'S THE FAIR MARKET VALUE OF PROPERTY THAT'S TAKEN FOR A HIGHWAY OR...
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| 00:19:43 |
Unidentified Speaker, -
COURT ARE FEDERAL QUESTIONS. I MEAN, YOU UNDERSTAND THAT. AND YOU WANT TO UNDERSTAND IN CONNECTION WITH THAT THAT WE ARE
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| 00:19:54 |
Unidentified Speaker, -
NOT NECESSARILY
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| 00:19:55 |
Unidentified Speaker, -
THE MOST IMPORTANT COURT IN THE COUNTRY, IN
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| 00:19:59 |
Unidentified Speaker, -
ALL RESPECTS. I MEAN WE ARE THE MOST IMPORTANT IN THAT WE DECIDE FEDERAL LAW. THOSE ARE THE ONLY ISSUES OF LAW THAT COME TO US. AND FEDERAL LAW TRUMPS...
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| 00:24:11 |
Unidentified Speaker, -
POWER OF THE CHIEF JUSTICE IS SIMPLY BY TRADITION. HE HAS JUST ONE VOTE LIKE THE REST OF US. BUT IF HE'S IN THE MAJORITY, HE IS THE ONE
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| 00:24:26 |
Unidentified Speaker, -
WHO ASSIGNS THE OPINION. AND THAT'S VERY IMPORTANT. WHAT'S IMPORTANT IN A CASE IS NOT WHO WINS AND WHO LOSES. THAT'S NOT IMPORTANT. THAT'S NOT THE REALLY...
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| 00:27:17 |
Unidentified Speaker, -
COMMERCE SO LONG AS IT IS DOING IT UNDER ONE OF THE HEADINGS OF JURISDICTION THAT THE FEDERAL GOVERNMENT HAS. I MEAN, THE INTERSTATE COMMERCE CLAUSE IS...
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| 00:27:31 |
Unidentified Speaker, -
OTHERS. BUT IF IT IS PROCEEDING ONLY ON THE FACT THAT THIS IS COMMERCE, IN PRINCIPLE IT CANNOT REGULATE INTRASTATE COMMERCE PER SE. THE TRICK IS WHAT...
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| 00:29:15 |
Unidentified Speaker, -
QUESTION, HOW MANY OF YOU HAVE READ THE FEDERALIST PAPERS? ALL OF THEM? NOT NUMBER 48, THE BIGGIES, THE WHOLE THING. YOU
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| 00:29:29 |
Unidentified Speaker, -
OUGHT TO BE ASHAMED OF YOURSELVES. IT'S PART OF YOUR PATRY MONEY AS AMERICANS. DON'T BE TOO ASHAMED I ASK THIS QUESTION AT LAW SCHOOLS, PEOPLE WHO...
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| 00:31:49 |
Unidentified Speaker, -
WHAT
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| 00:31:50 |
Unidentified Speaker, -
I WANTED TO DO WITH MY LIFE. IN THOSE DAYS IF YOU WERE GOING TO GO TO GRADUATE SCHOOL, UNLIKE TODAY, YOU DID IT RIGHT AWAY. YOU WENT RIGHT TO
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| 00:32:01 |
Unidentified Speaker, -
COLLEGE AND GRADUATE SCHOOL. YOU DIDN'T TAKE OFF A COUPLE OF YEARS TO WORK SOMEWHERE AND LEARN WHO YOU WERE. YOU WERE CONSIDERED A GOOFOFF IF YOU DID...
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| 00:33:43 |
Unidentified Speaker, -
IT'S NOT A VERY DIFFICULT TRANSITION FROM BEING A LAW PROFESSOR TO BEING A JUDGE ON AN APPELLATE COURT. NOT JUST
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| 00:33:53 |
Unidentified Speaker, -
THIS COURT, ANY APPELLATE COURT. YOU HEAR BOTH SIDES AND TRY TO ARRIVE AT THE TRUTH. WHAT IS THE FAIREST MEANING OF THIS STATUTE OR THIS CONSTITUTIONAL...
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| 00:36:30 |
Unidentified Speaker, -
SUMMER. WE'RE THE ONLY ONE OF THE THREE BRANCHES THAT CONTINUE TO OPERATE THE WAY ALL THREE USED TO, UNTIL AS RECENTLY AS
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| 00:36:40 |
Unidentified Speaker, -
THE ADMINISTRATION OF HARRY TRUMAN. WASHINGTON WAS DESERTED IN THE SUMMER BECAUSE JULY -- YOU KNOW, JULY AND AUGUST ARE BRUTAL. BEFORE THE DAYS OF...
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| 00:39:53 |
Unidentified Speaker, -
OUR PROCEEDINGS, THEY WOULD PROBABLY BE DONE BY C-SPAN. MY FRIEND BRIAN LAMB IS ALWAYS AFTER ME TO ALLOW THESE -- VOTE TO ALLOW THESE PROCEEDINGS...
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| 00:43:41 |
Unidentified Speaker, -
OF EXTRACURRICULAR ACTIVITY. I WAS
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| 00:43:46 |
Unidentified Speaker, -
PRESIDENT OF THE DRAMATIC SOCIETY. I PLAYED THE LEAD IN MACK BETH, WHICH IS PROBABLY THE MOST SIGNIFICANT THING I'VE DONE. DO YOU KNOW HOW MANY LINES...
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| 00:45:55 |
Unidentified Speaker, -
LAWYER MUCH LESS TO BE A SUPREME COURT JUSTICE. AND WHEN I WAS IN LAW SCHOOL, I NEVER EVEN ASPIRED TO BE A FEDERAL JUDGE, MUCH LESS TO BE ON THE SUPREME...
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| 00:46:06 |
Unidentified Speaker, -
KEPT MY NOSE TO THE GRIND STONE. THAT'S THE SECRET. JUST BETWEEN YOU AND ME, THERE'S A WHOLE LOT OF LUCK INVOLVED. OKAY? YOU CAN MAKE YOURSELF -- WHAT...
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| 00:47:35 |
Unidentified Speaker, -
LESS DETERMINABLE BY THE PEOPLE? WHY SIMPLY BECAUSE IT'S A MORALE ISSUE SHOULDN'T WE SAY WHAT DOT PEOPLE THINK ABOUT THIS MORALE ISSUE? AND IF YOU DON'T...
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| 00:47:54 |
Unidentified Speaker, -
A MORALE ISSUE. IT OUGHT TO BE DECIDED BY LAWYERS. DOESN'T MAKE ANY SENSE AT ALL. NOW, THE PEOPLE HAVE DECIDED SOME SIGNIFICANT MORALE ISSUES IN...
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| 00:51:14 |
Unidentified Speaker, -
KNOW THE EXCLUSIONARY RULE. YOU WATCH COP SHOWS. YOU HAVE A RIGHT TO A LAWYER -- THEY READ THE MIRNDA RIGHTS MIRANDA RIGHTS. IF THEY DON'T READ IT,...
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| 00:51:31 |
Unidentified Speaker, -
THE CONSTITUTION DOESN'T SAY ANYTHING ABOUT A MIRANDA RULE BUT IT DOES HAVE A FIFTH AMENDMENT WHICH SAYS YOU CAN'T BE COMPELLED TO TESTIFY AGAINST YOURSELF....
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| 00:54:52 |
Unidentified Speaker, -
AGAINST UNREASONABLE SEARCHES AND SEIZURES. WELL, THE WORD "SECURE" HASN'T BEEN THE PROBLEM. IT MEANS THAT
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| 00:55:06 |
Unidentified Speaker, -
THE RIGHT OF PRIVACY, THAT CAREFULLY DEFINED RIGHT OF PRIVACY, NOT A GENERALIZED RIGHT OF PRIVACY THAT WAS THE TRADITION IN THE COMMON LAW, WOULD CONTINUE...
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| 00:58:32 |
Unidentified Speaker, -
THAT WOULD HAVE AFFECT IN THIS COUNTRY IS IF THE CONGRESS AND THE --
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| 00:58:44 |
Unidentified Speaker, -
IF THE PRESIDENT CONCLUDED A TREATY WHICH THE CONGRESS RATIFIED THAT WOULD ACCEPT THAT. OKAY? BUT NEITHER THE PRESIDENT CAN SIGN NOR CAN THE CONGRESS...
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| 01:01:24 |
Unidentified Speaker, -
WHAT WAS CONSIDERED -- YOU KNOW, THE FIRST AMENDMENT DOES NOT GUARANTEE FREE SPEECH. IT SAYS CONGRESS SHALL MAKE NO
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| 01:01:38 |
Unidentified Speaker, -
LAW ABRIDGING THE FREEDOM OF SPEECH. >> THE DEFINITE ARTICLE. >> WHAT FREEDOM OF SPEECH. >> THAT FREEDOM OF SPEECH WHICH IS THE RIGHT OF ENGLISHMEN...
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| 01:02:04 |
Unidentified Speaker, -
ENEMY. THAT WAS TREASON. THAT WAS
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| 01:02:06 |
Unidentified Speaker, -
NOT PERMITTED. YOU COULD
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| 01:02:08 |
Unidentified Speaker, -
NOT LIBEL PEOPLE. YOU WOULD BE PUNISHED IN COURT FOR LIBELLING PEOPLE. IT WAS THE FREEDOM OF SPEECH THAT WAS THE TRADITION OF ANGELO SAX SON LAW....
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| 01:05:02 |
Unidentified Speaker, -
THE EXPERIENCE. WE ENJOYED WORKING WITH YOU. >> ON APRIL 9,1959, NASA INTRODUCED THE FIRST ASTRONAUT ON NATIONAL TV.
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.