| 00:00:07 |
Unidentified Speaker, -
PEPPERDINE UNIVERSITY LAW SCHOOL IN APRIL HOSTED A SYMPOSIUM IN APRIL EXPLORING THE MOST MALL LINED SUPREME COURT DECISION. AMONG THE CANESES SCUD,...
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| 00:00:37 |
Unidentified Speaker, -
ME GET STARTED ON THIS. OUR PRESENTER, PROFESSOR DANIEL FARBER, IS SOMEONE YOU MIGHT CALL A LEGAL SCHOLAR JACK OF ALL TRADES BUT IN HIS CASE, HE'S MASTER...
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| 00:03:58 |
Unidentified Speaker, -
YOU FOR THAT INTRODUCTION. THIS HAS BEEN A GREAT DAY SO FAR. THE PERFORMANCES BY THE SPEAKERS HAVE BEEN JUST WONDERFUL, WHICH I'M -- I THINK, UNFORTUNATELY,...
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| 00:27:10 |
Unidentified Speaker, -
WITH MY POINTS OF EXTREME AGREEMENT WITH DAN. THANK YOU FOR HAVING US HERE. ALBANY IS GETTING 6 TO 12 TODAY. AND WHILE I LIKE WINTER, ENOUGH ALREADY....
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| 00:47:08 |
Unidentified Speaker, -
THINGS. I THINK IT'S JUST TOO SIMPLE TO SAY THAT AMERICA -- TO EQUATE AMERICA WITH SLAVE HOLDING OR E EVEN TO E EQUATE SLAVE HOLDING WITH THE SORT OF...
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| 00:53:45 |
Unidentified Speaker, -
COULD WE OPEN THIS UP FOR QUESTIONS? I SEE A COUPLE OF GENTLEMEN STANDING THERE. PROFESSOR AMARAH? >> A FEW THOUGHTS ON
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| 00:53:54 |
Unidentified Speaker, -
HEROES, VILLAIN, AND METHOD. SO IT'S INTERESTING. BROWN, OF COURSE, IS CANONICAL, AND EVERYONE BASICALLY SAYS THAT BROWN SAYS IT PROVES MY METHOD...
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| 00:55:11 |
Unidentified Speaker, -
OKAY. THEN I APOLOGIZE. BUT I JUST WANT TO REMIND YOU THAT THE DISSENTERS ARE ORIGINALISTS. >> NO, I D -- >> LINCOLN IS ORIGINALIST IN
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| 00:55:19 |
Unidentified Speaker, -
HIS CRITIQUE. AND SO OTHER PEOPLE SAY IF YOU'RE AN ANTI-ROE V. WADE PERSON, YOU SAY, WELL, IT'S BECAUSE OF SUBSTANTIVE DUE PROCESS, CITIZENS -- BLACKS...
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| 00:55:57 |
Unidentified Speaker, -
WHICH I HAVEN'T HAD A CHANCE
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| 00:55:58 |
Unidentified Speaker, -
TO -- >> YEAH. JUST AS YOU CAN'T DISPROVE VEGETARIANISM BY POINTING OUT HITLER WAS A VEGETARIAN, YOU CAN'T DISPROVE ORIGINALISM BY PROVING IT WAS THE...
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| 00:56:10 |
Unidentified Speaker, -
SCOTT. >> RIGHT. BUT A FURTHER POINT THAT THE DISSENTERS THEMSELVES ARE ORIGINALISTS. THAT'S INTERESTING. >>
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| 00:56:15 |
Unidentified Speaker, -
BUT THE POINT I WANT TO MAKE IS THAT I THINK THAT THE OPINION ILLUSTRATES SOME RISKS FOR ORIGINALISTS. >> I AGREE WITH THAT, TOO. >> AND,
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| 00:56:22 |
Unidentified Speaker, -
THEREFORE, PEOPLE WHO ARE ORIGINALISTS, YOU KNOW, THIS IS ALMOST LIKE A LIST OF CAUTIONARY NOTES ABOUT HOW NOT TO BE AN ORIGINALIST. >>
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| 00:56:33 |
Unidentified Speaker, -
EXCELLENT. YES. AND THAT'S TRUE ABOUT PEOPLE IN -- I THINK REALLY THE BIGGER ISSUE, BUT THERE WAS A LOT OF DISCUSSION ABOUT BLACKS AND CITIZENSHIP,...
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| 00:57:41 |
Unidentified Speaker, -
HERE IS, FIRST OF ALL, LET ME BE CLEAR ABOUT ONE THING. TAWNEY'S THIRD PART, WHICH IS ABOUT THAT THE TERRITORIES CLAUSE DOESN'T APPLY, IS ABSURD...
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| 00:58:36 |
Unidentified Speaker, -
OF MASSACHUSETTS, CONNECTICUT -- >> NO, IT'S NOT, NO. >> EVERY STATE. >> IT IS NOT EQUALLY
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| 00:58:41 |
Unidentified Speaker, -
TRUE OF MASSACHUSETTS BECAUSE THE FIFTH AMENDMENT DOESN'T APPLY TO MASSACHUSETTS. >> BUT
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| 00:58:45 |
Unidentified Speaker, -
THEY HAVE STATE DUE PROCESS CLAUSES. >> AND THEIR STATE
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| 00:58:48 |
Unidentified Speaker, -
CONSTITUTION OVERRULED THAT IN ARTICLE 1, SECTION 1, THE VERY FIRST SENTENCE OF THE MASSACHUSETTS CONSTITUTION. SO THAT IF MASSACHUSETTS IN ITS FOUNDING...
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| 00:59:56 |
Unidentified Speaker, -
TO, BEFORE WE TAKE A BREAK, WHICH WE ARE GOING TO NEED TO DO, I'D LIKE TO GIVE PROFESSOR WHITE THE OPPORTUNITY. HE'S BEEN WAITING PATIENTLY. THEN I'M...
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| 01:00:08 |
Unidentified Speaker, -
SHOULDN'T SAY SOMETHING THAT COULD BE DIRECTED AT PAUL FINKELMAN IF WE WANT TO KEEP THIS THING SHORT. THERE'S A SUGGESTION THAT THE IDEA -- THERE'S...
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| 01:01:46 |
Unidentified Speaker, -
PROFESSOR FINKELMAN. WE HAVE TEN MINUTES, AND THEN WE NEED TO -- CAN WE HAVE TIME TO RESPOND, ED, OR -- [ INAUDIBLE ]. >> OKAY. ALL RIGHT. >> I CAN...
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| 01:01:59 |
Unidentified Speaker, -
VERY QUICKLY IN TWO WAYS. THE DEBATE BETWEEN BUCHANON AND DOUGLAS OR BETWEEN TAWNEY AND DOUGLAS ABOUT POPULAR SOVEREIGNTY IS SIMPLY WHEN THE POPULAR...
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| 01:02:56 |
Unidentified Speaker, -
OKAY. JUST A VERY BRIEF CONTRIBUTION ON THAT TERRITORIES. I THINK IT'S IMPORTANT TO KEEP IN MIND IN TERMS OF THE DUE PROCESS RULING THAT IT ASSUMES A...
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| 01:03:51 |
Unidentified Speaker, -
LAW. AND SOUTHERN STATES RECOGNIZED THAT RULE UNTIL ALMOST THE CIVIL WAR. SO THAT'S A FUNNELNY KIND OF PROPERTY. THERE'S A CIRCUMSTANCE LAIR TI. TAWNEY...
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| 01:04:36 |
Unidentified Speaker, -
ENDING ABOUT PROPERTY, WE NEED TO TAKE A QUICK BREAK. PLEASE COME BACK HERE. THANK YOU, PANELISTS. WE CAN CONTINUE THE CONVERSATION OUT IN THE ATRIUM....
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| 01:05:05 |
Unidentified Speaker, -
THAT. MY QUESTION IS WHAT WAS THE LAW IN 1780 AND 1790. RIGHT? >> THE LAW -- >> BECAUSE THAT'S
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| 01:05:13 |
Unidentified Speaker, -
THE CONSTITUTION. >>
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.