| 00:00:28 |
Unidentified Speaker, -
SPONSORED BY THE WILLIAM H. REHNQUIST CENTER ON THE CONSTITUTIONAL STRUCTURES OF GOVERNMENT AT THE JAMES E. ROGERS COLLEGE OF LAW, TO START -- TUCSON....
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| 00:00:47 |
Unidentified Speaker, -
THEIR JOB, AND THAT IS EXTRAORDINARY, BECAUSE PRESIDENTS TALK ABOUT WHAT LAWS SHOULD BE PASSED AND MEMBERS OF CONGRESS TALK ABOUT PILE -- HOW AND WHY...
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| 00:02:13 |
Unidentified Speaker, -
DIFFERENT PRINCIPLES SO HE WILL WIN. NET IS THE HEIGHT OF ONE JUDICIOUSNESS, THE HEIGHT OF RANDOMNESS. YOU HAVE TO BE CONSISTENT. THAT IS THE MAIN...
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| 00:02:52 |
Unidentified Speaker, -
IS, BUT HE HAS A LOT, TAKING CASE BY CASE. OVER TIME, THE BIG DIFFERENCE BETWEEN BEING ON OUR COURT AND A COURT OF
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| 00:03:03 |
Unidentified Speaker, -
APPEALS IS THAT WE HAVE A STEADY DIET INVOLVING AT THE CONSTITUTION OF THE UNITED STATES. SO AFTER A TIME, A NUMBER OF YEARS, HE BEGAN TO SEE THE DOCUMENT...
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| 00:04:21 |
Unidentified Speaker, -
THE COURT DECIDED FOUR YEARS AGO WHEN IT RULED ON THE DEATH PENALTY BEING UNCONSTITUTIONAL FOR JUVENILE UNDER THE AGE OF 18. JUSTICE SCALIA, WHY DO YOU...
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| 00:04:45 |
Unidentified Speaker, -
IN 1791 WHEN IT WAS ADOPTED, IT MEANS TODAY. FOR EXAMPLE, WHY NOT SAY THAT THE DEATH PENALTY IS UNCONSTITUTIONAL APPLY TO EVERYBODY, NOT JUST PEOPLE...
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| 00:05:04 |
Unidentified Speaker, -
ABOUT -- THAT? THAT WOULD DEFINE YOUR OWN SENSE OF WHAT WALL OUGHT TO BE RATHER THAN WHAT ALL LOT IS. WHEN THE EIGHT MEN WAS ADOPTED IN 1791, THE DEATH...
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| 00:06:52 |
Unidentified Speaker, -
UNANIMOUS, MOST OF THE TIME. IF YOU LOOK AT THE
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| 00:06:59 |
Unidentified Speaker, -
6372, WE ARE DIVIDED 5-4, AND IT IS NOT ONLY THE SAME FIVE OR THE SAME FOUR. WE ARE NOT DISAGREEING ABOUT EVERYTHING. >> THAT IS RIGHT. YOU PICK A POINT...
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| 00:07:36 |
Unidentified Speaker, -
LET'S GO BACK AND SEE WHAT WAS INTENDED. WHAT I SEE IS NOT PARTICULAR CONDITIONS AT THE TIME. I DO NOT KNOW THE EXACT DETAILS OF WHAT EVERYONE IN THE...
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| 00:10:54 |
Unidentified Speaker, -
BUT IT IS NOT UNCONSTITUTIONAL. >> WHAT ABOUT THE PROCESSES THAT WERE FOLLOWED AT THE BEGINNING. >> IN CASES LIKE THAT AROSE, WHICH YOU FIND --
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| 00:11:09 |
Unidentified Speaker, -
WHICH YOU FIND THAT? >> 8 ENORMOUS FOUND
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| 00:11:17 |
Unidentified Speaker, -
STUPID. >> TO
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| 00:11:19 |
Unidentified Speaker, -
WORK IN THE CONSTITUTION IS CRUEL, AND THE WORD IS UNUSUAL.
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| 00:11:24 |
Unidentified Speaker, -
IT IS POSSIBLE THAT OVER TIME, PEOPLE HAVE A DIFFERENT IDEA OF WHAT IS CRUEL. THAT DOES NOT MEAN THAT THAT THING ISN'T CRUEL BECAUSE SOMEBODY IN THE...
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| 00:11:37 |
Unidentified Speaker, -
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| 00:11:39 |
Unidentified Speaker, -
CRUEL, BUT THAT DOES NOT CHANGE ITS MEANING. >> YOU TALK AS THOUGH IT WAS A ONE-WAY STREET. BUT IT IS NOT A ONE-WAY STREET. IF YOU THINK THE ACCRUAL...
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| 00:12:05 |
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WHAT IF YOU DO NOT THINK THINGS ARE CRUEL? IS THAT ALL THAT THE EIGHTH AMENDMENT MEANS? TO DINE ON SELF BE TRUE? WE DO NOT WANT TO BUY DUE TO OUR NOTIONS...
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| 00:13:11 |
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HAD TO FACE IN A CASE. IT IS TRUE, LOOKING AT THE 17TH CENTURY AND HOW PEOPLE TREATED EACH OTHER. IT WAS UNSPEAKABLE.
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| 00:13:22 |
Unidentified Speaker, -
YOU HAVE BEEN TO EUROPE AND VISITED TORTURE CHAMBERS, AND THAT WAS COMMON PRACTICE. NOW, IT IS TRUE THAT
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| 00:13:30 |
Unidentified Speaker, -
TODAY WE WOULD CALL THAT KIND OF PRACTICE OR BARRETT AND THINK IT IS JUST AWFUL, AND CRUEL IS THE MILDEST WORD THAT WE WOULD USE TO DESCRIBE IT. I HAVE...
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| 00:14:16 |
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DEFENDANTS. MANY PEOPLE DO NOT THINK THESE PROVISIONS ARE AS IMPORTANT AS THE FRAMERS DID. SUCH AS THE TRIAL BY JURY FOR MINOR CIVIL MATTERS. THE CONSTITUTION...
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| 00:15:39 |
Unidentified Speaker, -
SHOOTER, UNDER THE CONSTITUTION, YOU CANNOT BUT THE PERSON COME IN AND TESTIFY. IT IS HERE SAID. --
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| 00:15:45 |
Unidentified Speaker, -
HEREHEARSAY. BUT AS WE DID IN ROBERT ROSAS OHIO, WHEAT HELD THAT ALL IS NECESSARY TO SHOW THAT IT IS NECESSARY. IT IS A TWO-WAY STREET. DO NOT JUST THINK...
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| 00:17:08 |
Unidentified Speaker, -
INVOLVING WHAT IT MEANS WHEN IT SAYS IN THE CONSTITUTION THAT YOU HAVE ALREADY COURT TO CONFRONT THE WITNESSES AGAINST YOU. WHAT WE AGREED WAS THIS....
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| 00:18:10 |
Unidentified Speaker, -
DO YOU APPLY THE SAME RULES WHEN A VICTIM OF A CRIME GAVE
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| 00:18:17 |
Unidentified Speaker, -
A STATEMENT TO POLICE AND THE DEFENDANT IS ON TRIAL FOR MURDERING THE VICTIM? CAN YOU KEEP THAT STATEMENT OUT , HE IS ABOUT TO KILL ME OR WHATEVER SHE...
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| 00:21:39 |
Unidentified Speaker, -
APPROACH, OR REGIONALISM, HAS ALL OF THE ANSWERS. SOME THINGS ARE HARD. I KNOW WHAT I AM LOOKING FOR. SOMETIMES IT IS HARD TO FIND, SOMETIMES YOU CANNOT...
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| 00:25:57 |
Unidentified Speaker, -
INDIVIDUAL OR MILITIA RIGHT. IS THEIR PURPOSE TO FIND OUT WHAT THE FOUNDERS WERE TRYING TO ACCOMPLISH AS A TIGER? >> THE UNDERLYING VALUE. WAS IT THE...
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| 00:26:33 |
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EVEN CLOSE. ONE COMMENTATOR DURING THE ENTIRE 18TH CENTURY THOUGHT THAT THE SECOND AMENDMENT PRESERVE NOTHING BUT A RIGHT TO JOIN A MILITIA. SHE HAD...
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| 00:27:30 |
Unidentified Speaker, -
QUESTIONS.
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| 00:27:35 |
Unidentified Speaker, -
PEOPLE DID NOT APPLY AT THAT PARTICULAR TIME TO SELL BAZOOKAS BECAUSE THEY DID NOT HAVE BAZOOKAS, AND THEY DID NOT APPLY AT THAT TIME TO FIGHT SOMETHING...
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| 00:35:09 |
Unidentified Speaker, -
I DID IT BY REGARDING WHAT THE FRAMERS WOULD HAVE THOUGHT ABOUT A TECHNIQUE THAT ESSENTIALLY INTRUDES INTO THE HOUSE WITHOUT THE CONSENT OF THE HOMEOWNERS...
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| 00:35:33 |
Unidentified Speaker, -
FOUGHT. THE FIGHT IN THIS CASE IS ABOUT THE SUPREME COURT INVENTING NEW RIGHTS THAT NOBODY EVER THOUGHT EXISTED. THE DEATH PENALTY, SODOMY, ABORTION,...
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| 00:37:11 |
Unidentified Speaker, -
DO NOT BE MISLED
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| 00:37:12 |
Unidentified Speaker, -
THAT PEOPLE MIND FLEXIBILITY. THEY ARE TRYING TO BRING YOU THE FRIGIDITY. THEY WANT THE SAME RULES FOR ABORTION COAST TO COAST. UTAH AND NEW YORK...
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| 00:38:28 |
Unidentified Speaker, -
FRAMERS APPROVED, NOT JUST SIMPLY THE CONCEPT OF FREEDOM OF SPEECH AND WHAT IT SHOULD MEAN TODAY. I WOULD NEVER TAKE THAT APPROACH. I WOULD SAY, YOU...
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| 00:38:45 |
Unidentified Speaker, -
THOSE CONTEXTS, AND THE SAME THING WITH SEARCHES AND SEIZURES. WHAT KIND OF SEARCHES AND SEIZURES WERE UNLAWFUL AT THAT TIME, AND WHERE DOES THAT FALL...
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| 00:39:41 |
Unidentified Speaker, -
THOUGHT, AND IF THEY THOUGHT THAT WAS UNREASONABLE, HOW DOES THIS COMPARE WITH THAT?
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| 00:39:49 |
Unidentified Speaker, -
NOW THEY WOULD SEE WHAT YOU CALL
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| 00:39:53 |
Unidentified Speaker, -
LOOKING FOR THE FRAMERS WHAT I
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| 00:39:55 |
Unidentified Speaker, -
CALL LOOKING FOR THE VALUES. IT WOULD BE PERFECT, AND THERE IS LESS DIFFERENCE. WOULD PEOPLE VOTE FOR A FOOTNOTE WHICH SAYS EQUAL PROTECTION WILL BE...
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| 00:43:52 |
Unidentified Speaker, -
FOR DIVERSITY, BUT DO NOT TELL US WE
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| 00:43:54 |
Unidentified Speaker, -
CANNOT USE IT AT ALL. THOSE WERE THE GROUNDS. LOOKING TO PURPOSES AND RATHER HIGH LEVEL PURPOSES. THE DISSENT IN THAT CASE HAD A STRONG ARGUMENT FOR...
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| 00:45:05 |
Unidentified Speaker, -
DID THEY SAY THAT YOU CAN DISCRIMINATE ON THE BASIS OF RACE SO LONG AS YOU ARE DOING IT FOR A GOOD PURPOSE? DID ANYBODY EVER THINK THEY WERE DOING IT...
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| 00:46:40 |
Unidentified Speaker, -
GOOD, TRUTHFUL, AND WONDERFUL. THEY ARE TRYING TO TELL US SOMETHING, SOMETHING THAT RELATES TO THE PURPOSE OF THE 14TH AMENDMENT'S. IT IS NOT A MYSTERY....
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| 00:47:36 |
Unidentified Speaker, -
AMENDMENT OPERATED. WHAT DID IT PROHIBIT. WHAT DID THE FOUNDERS BELIEVED
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| 00:47:41 |
Unidentified Speaker, -
THAT PROHIBITED? ENTRY INTO HOMES, AND I WAS GOING ON IN HOMES WITHOUT A WARRANT -- FINDING OUT WHAT WAS GOING ON IN HOMES WITHOUT A WARRANT. >> TO ELIMINATE...
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| 00:47:55 |
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GOES? >> IT SAYS THAT NO PERSON SHOULD BE DENIED EQUAL PROTECTION UNDER THE LAW. WITH A SPECIFIC REFERENCE TO RACE. THIS WAS PART OF THE 14TH, 15TH,...
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| 00:48:13 |
Unidentified Speaker, -
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| 00:48:17 |
Unidentified Speaker, -
YOU START WITH THE TEXT. WHERE THE TEXT IS CLEAR, YOU ARE BOUND. IT IS NOT UP TO YOU TO DECIDE, NO, WHAT BROUGHT CRITICISMS THAT HAVE, WHAT WOULD MAKE...
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| 00:48:37 |
Unidentified Speaker, -
WHEN THE TEXT IS CLEAR, YOU FOLLOW THE TEXT. I READ SOMEWHERE THAT THE PERSON WHO STARTED WROTE THE FRENCH CIVIL CODE AND STARTED BY SAYING WHEN THE TEXT...
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| 00:49:02 |
Unidentified Speaker, -
YOU LOOK TO THE VALUES AND PURPOSES THAT LIE BENEATH. AND IT IS TRUE IN THE AMERICAN SENSE. WHAT YOU ARE TRYING TO READ. IT IS A TERRIBLY INTERESTING...
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| 00:53:44 |
Unidentified Speaker, -
THOUGHT THE EFFECT WAS TO ENABLE PEOPLE TO KEEP ARMS IN THEIR HOMES FOR SELF
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| 00:53:51 |
Unidentified Speaker, -
DEFENSE. >> I KNOW YOU DISAGREE, BUT DON'T YOU HAVE TO DO A LITTLE OF THAT IN A CASE LIKE THAT? >> NO, I'M NOT LOOKING AT THE PEOPLE WHO WROTE THE SECOND...
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| 00:54:16 |
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CONVENTION, AT THE TRACK OF IT, REALLY. >> I ASK YOU IN A FEW MINUTES WE HAVE REMAINING WHETHER
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| 00:54:22 |
Unidentified Speaker, -
THERE IS ANY PLACE IN DEBT AND FOR APPLYING MORAL VALUES? -- IN JUDGING FOR APPLY MORAL VALUES? >> NOT ANYMORE. >> JUSTICE BREYER, IS THERE A PLACE?...
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| 00:54:40 |
Unidentified Speaker, -
YES. >> IN WHAT WAY? >> FOR EXAMPLE, EXAMPLE IS THIS. PEOPLE WHO WRITE CRIMINAL LAW AND THOSE
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| 00:54:54 |
Unidentified Speaker, -
WHO APPLY KNOW THAT
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| 00:54:59 |
Unidentified Speaker, -
BASICALLY,
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| 00:55:00 |
Unidentified Speaker, -
CRIMINAL LAW INCORPORATES
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| 00:55:01 |
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IMPORTANT MORAL VALUES OF A SOCIETY. AND IF YOU DISCOVER IN ENFORCING
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| 00:55:08 |
Unidentified Speaker, -
LAW OR INTERPRETING IT THAT YOU'RE GOING TO REACH A RESULT THAT RUNS COUNTER TO BASIC INTUITION, YOU THINK THAT THERE IS SOMETHING WRONG HERE. I HAD...
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| 00:56:39 |
Unidentified Speaker, -
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| 00:56:43 |
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THIS WEEK ON C-SPAN, DICK LUGAR DISCUSSES CHALLENGES FACING THE COUNTRY AND RESPONSE TO PRESIDENT OBAMA'S AGENDA SO FAR. >> AMERICANS ARE LOSING THEIR...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.