| 00:00:19 |
Weiss, Matt - Member
TO THE SENATE FILIBUSTER -- IS IT CONSTITUTIONAL? THE AMERICAN CONSTITUTIONAL SOCIETY WAS FOUNDED IN 2001 AS ONE OF THE LEADING PROGRESSIVE LEGAL ORGANIZATIONS,...
|
| 00:07:14 |
Bondurant, Emmet - Attorney
SHALL BE A RIGHT OF UNLIMITED DEBATE IN THE SENATE. WHEN THE BUSH BURNED IN THE DESERT, A VOICE DID NOT SPEAK TO THAT THERE SHALL BE A FILIBUSTER RULE...
|
| 00:50:38 |
Weiss, Matt - Member
THANK YOU FOR COMING OUT TODAY. THAT WAS GREAT, EMMET. I WANT TO MAKE THREE MINUTES A BRIEF COMMENTS, ASK ONE QUESTION AND THEN TURN IT OVER TO YOU FOR...
|
| 00:51:09 |
Q&A, -
A GOOD IDEA? TO ME, THE ANSWER IS IT IS A TALENT -- A TERRIBLE IDEA. SOMEONE CAN DEFEND IT IF THEY WANT TO. SECOND, IS UNCONSTITUTIONAL IN THE SENSE...
|
| 00:51:45 |
Segall, Eric - Professor
IT. THERE IS A THIRD QUESTION. THE VERY HARD QUESTION. RAISED BY THE LOSS IT WISHES SHOULD A FEDERAL COURT DECLARED THE SENATE FILIBUSTER RULES UNCONSTITUTIONAL?...
|
| 00:52:41 |
Segall, Eric - Professor
ARE RIGHT, PASS MEANS MAJORITY VOTE. IT DOES NOT TELL US WHEN THE SENATE HAS TO VOTE ON THE BILL. ARTICLE ONE, SECTION 7, DOES NOT SAY ANYTHING ABOUT...
|
| 00:54:07 |
Bondurant, Emmet - Attorney
APPOINTEE TO THE COMMISSION. THE SENATE RULES PROVIDED THEY COULD BE CONSIDERED A CONFIRMATION IN THREE DAYS. THE CONFIRMATION OCCURRED BEFORE CHRISTMAS....
|
| 00:57:44 |
Segall, Eric - Professor
THAT AFFECT AFRICAN-AMERICANS HAVE TO GET TWO-THIRDS VOTES [INAUDIBLE] THAT IS NOT HTETHE QUESTION. THIS SENATE HAS ADOPTED A LOT OF RULES PURSUANT TO...
|
| 00:58:48 |
Bondurant, Emmet - Attorney
COMPARABLE ACTIVITY IN THE SENATE. WHILE IT IS CORRECT THAT THERE ARE BAD PROCEDURES AND SO FORTH IN THE SENATE, IF THE SENATE HAS THE ABILITY TO SAY...
|
| 01:00:32 |
Segall, Eric - Professor
AT THE PEOPLE OF CALIFORNIA. WE DID NOT VOTE FOR THE PRESIDENT OF THE MAJORITY RULE. WE HAVE THIS SILLY AND ELECTORAL COLLEGE. AND THERE IS NO MECHANISM...
|
| 01:02:17 |
Bondurant, Emmet - Attorney
GAVE -- RESULTED IN UNEQUAL REPRESENTATION IN THE SENATE WAS NOT A MATTER PRINCIPLE BUT POLITICAL SACRIFICE. WITHOUT IT, IT WOULD NOT HAVE BEEN A UNITED...
|
| 01:04:40 |
Segall, Eric - Professor
MCCORMICK EDGES THAT QUESTION. THAT WAS THE DEBATE WHEN THE HOUSE OF REPRESENTATIVES REFUSED ADAM CLAYTON POWELL FOR REASONS NOT STATED IN THE QUALIFICATIONS...
|
| 01:05:02 |
Bondurant, Emmet - Attorney
JAMES DIXON FROM PENNSYLVANIA WHO WAS A BETTER LAWYER THAN MANY RECITED BLACKSTONE POSTAL RULES. IF YOU PUT AN EXCLUSIVE LIST OF QUALIFICATIONS IN THE...
|
| 01:05:56 |
Segall, Eric - Professor
I THINK FEDERAL JUDGES WILL BE A LITTLE CONCERNED ABOUT ENTERING AS A MATTER OF THE MERITS. IF YOU START SECOND-GUESSING SENATE PROCEDURAL RULES, YOU...
|
| 01:07:09 |
Q&A, -
IT IS A FAIRY WITHOUT A FOUNDATION. LET ME TELL YOU WHY. THE THEORY WAS TAHT THE -- THAT THE SENATE WAS NOT A CONTINUING BODY AND THEREFORE
|
| 01:07:28 |
Bondurant, Emmet - Attorney
ITS RULES ADOPTED IN A PRIOR CONGRESS DID NOT CARRY OVER. THAT IS THE WILL OF THE HOUSE. RICHARD NIXON ISSUED AN ADVISORY OPINION TO THAT EFFECT IN 1957....
|
| 01:11:41 |
Segall, Eric - Professor
I THINK IT WOULD BE STRONGER FOR HIS ARGUMENT TO SAY IF THE SENATE THINKS A PRAYER RULE THAT ITS PAST IS GONE -- IS UNCONSTITUTIONAL AND THAT THE MAJORITY...
|
| 01:12:38 |
Bondurant, Emmet - Attorney
NO POWER TO DECLARE ITS OWN RULE UNCONSTITUTIONAL. THEY HAVE TO AMEND IT IN THE ORDINARY PROCESS. >> AND YOU WIN THAT CASE? >> I HAD ENOUGH CONFIDENCE...
|
| 01:13:47 |
Segall, Eric - Professor
BE HEARD. BY THE FEDERAL COURTS. IT IS AN ISSUE THAT SHOULD BE RESOLVED BY THE FEDERAL COURTS. HOW IT SHOULD BE RESOLVED, I AM A LITTLE LESS DOGMATIC....
|
| 01:16:11 |
Bondurant, Emmet - Attorney
WAS HELD TO OUTSTANDING -- HELPED TO HAVE STANDING. THE SUPREME COURT SUSTAINED HIS POSITION AND HELD UNCONSTITUTIONAL THE ONE HOUSE LEGISLATIVE VETO....
|
| 01:19:59 |
Segall, Eric - Professor
THINK WE HAVE TO CALL IT A
|
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.