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>>> MAJOR FUNDING FOR

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QUESTIONING THE CONSTITUTION WAS

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PROVIDED BY MR. PAUL AND

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VICTORIA SAUNDERS AND BY

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MR. J. THORNTON KIRBY.

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QUESTIONING THE CONSTITUTION WAS

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PRODUCED IN COLLABORATION WITH

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THE UNIVERSITY OF VIRGINIA'S

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CENTER FOR POLITICS.████████████

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>>> IT'S LOOKED AT AS THE GOLD

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STANDARD BY NOT ONLY, YOU KNOW,

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PEOPLE HERE WHO, WHO BOTHER TO

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TAKE A LOOK AT THE

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CONSTITUTION, BUT ALSO BY

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PEOPLE THROUGHOUT THE WORLD

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WHO ARE TRYING TO GET

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THEIR-THEIR GOVERNMENTS IN

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PLACE.

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>> DOESN'T TAKE VERY LONG TO

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READ THE CONSTITUTION.

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YOU KNOW, ANY OF YOUR VIEWERS,

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I MEAN, LOOK, THERE IT IS.

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THAT'S NOT A VERY BIG THING TO

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GO AHEAD AND READ.

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IT'S ALL IN THERE.

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>> PEOPLE IN POWER WILL NOT

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PROTECT OUR DEMOCRACY FOR US.

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THEY HAVE POWER, THEY LIKE

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POWER.

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DEMOCRATS WANT TO GET THEIR

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WAY.

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REPUBLICANS WANT TO GET THEIR

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WAY.

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PEOPLE HAVE TO PUSH BACK AND

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REMIND PEOPLE OF WHAT THESE

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CONSTITUTIONAL PRINCIPLES ARE.

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>> I THINK THERE ARE THINGS

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THAT SHOULD CHANGE WHEN I LOOK

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AT THE CONSTITUTION, AND I

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THINK THERE ARE THINGS THE

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CONSTITUTION SHOULD PUT IN

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PLACE.

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I THINK PROBABLY IT'S TIME TO

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REVISIT THE CONSTITUTION.

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>> JEFFERSON SAID, VERY

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APPROPRIATELY, "A LITTLE

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REVOLUTION NOW AND THEN IS A

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GOOD THING."

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AND INDEED IT IS.

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IT APPLIES AS MUCH TO OUR TIME

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AS IT DID TO HIS.

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>> IT IS LAID THE CORNERSTONE

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TO BE, AND I REPEAT, THE OLDEST

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CONTINUOUSLY FUNCTIONING

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DEMOCRATIC REPUBLIC ON EARTH

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TODAY.

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ALL OTHERS HAVE GONE INTO THE

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DUST BIN OF HISTORY.

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DON'T TINKER WITH IT.

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>>

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♪

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>> THE CONSTITUTION IN A SENSE

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PROVIDES THE CONSCIENCE OF

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AMERICA.

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AND WHAT THAT MEANS IS THAT

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THE CONSTITUTION HAS THESE

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VALUES ABOUT HOW WE LIVE

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TOGETHER AS AMERICANS, RESPECT

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OUR INSTITUTIONS.

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WE TOLERATE THESE OPPOSING

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VIEWS, EVEN THOUGH WE FIGHT

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LIKE CRAZY FOR IT.

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WE DON'T FEEL THAT IT'S ALWAYS

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WINNER TAKE ALL.

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YOU KNOW, IT'S EASY FOR US TO

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JUST SAY, "I WANT MY WAY, I

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WANT MY WAY.

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YOU KNOW, I WANT TO GET THIS

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IN THE BUDGET, I WANT THIS, I

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WANT MY WAY ON IMMIGRATION, I

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WANT MY WAY ON GAY MARRIAGE, I

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WANT MY WAY ON THIS, I WANT IT

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ON THIS."

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IT IS HARD TO REMEMBER THAT

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THERE ARE OTHER PEOPLE IN

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AMERICA WHO DON'T SHARE THAT

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VIEW.

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AND THAT THE CONSTITUTION

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DOESN'T SAY "I THE PEOPLE" IT

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SAYS "WE THE PEOPLE."

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>> I THINK THE CONSTITUTION ON

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THE WHOLE IS A MARVELOUS

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DOCUMENT.

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AND IT ACHIEVED WHAT THE

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FRAMERS SET OUT TO ACHIEVE AT

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THE TIME, WHICH WAS TO CREATE

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A COUNTRY STRONG ENOUGH NOT TO

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BE RECONQUERED BY THE EUROPEAN

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POWERS.

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AND THAT WAS REALLY WHAT WAS

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ON THEIR MINDS.

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THEIR CONSTITUTION, HOWEVER,

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WAS MARRED BY REALLY, REALLY

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UNCONSCIONABLE COMPROMISES,

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WHICH THEY KNEW AT THE TIME

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WERE NOT RIGHT.

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WE STILL LABOR UNDER SOME OF

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THE EFFECTS OF THOSE UNFORG

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UNFORGIVEABLE COMPROMISES.

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AND WE NEED TO ADDRESS IT.

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OUR CONSTITUTION GOES OFF THE

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RAILS MUCH MORE OFTEN THAN

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PEOPLE REALIZE BECAUSE THEY

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HAVE BEEN TAUGHT THAT IT'S

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PERFECT.

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AND, GOD KNOWS, IT ISN'T THAT.

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>> WHEN I THINK OF THE

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CONSTITUTION AND WHAT IT MEANS

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TO ME, I GOTTA BACK UP A

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LITTLE BIT, BECAUSE IF YOU

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LOOK AT THE PREAMBLE, IT SAYS,

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"WE THE PEOPLE IN ORDER TO

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FORM A MORE PERFECT UNION."

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AND IT BEGS THE QUESTION WHO

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ARE "WE THE PEOPLE?"

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IT WASN'T "PEE THE PEOPLE"

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NATIVE AMERICANS AT THAT POINT

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THAT THE CONSTITUTION WAS

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WRITTEN.

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BUT I'VE NEVER LOST THE DREAM

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OR THE HOPE.

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AND I'VE BEGUN TO SEE THE

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REALITY THAT THE CONSTITUTION

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DOES APPLY TO ME.

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I CAN GO INTO PUBLIC

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RESTAURANTS AND HAVE A MEAL.

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I CAN GO INTO PUBLIC LIBRARIES

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AND CHECK OUT A BOOK.

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THOSE THINGS ARE VERY NEAR AND

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DEAR TO ME BECAUSE IN MY EARLY

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YEARS I COULDN'T DO THAT.

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I COULDN'T GO INTO PUBLIC

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RESTAURANTS.

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I REMEMBER GOING TO OKLAHOMA

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AS A KID TO SEE MY BROTHERS

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GRADUATE FROM COLLEGE, AND WE

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WENT TO THIS SERVICE STATION,

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AND I HAD TO GO TO THE

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BATHROOM.

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AND THE BATHROOMS WERE LABELED

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WHITE AND COLORED.

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I SAID, DAD, WHERE DO I GO?

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I SAID THERE'S NO PLACE FOR ME

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TO GO.

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I WAS LIKE 6 YEARS OLD.

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OF COURSE HE SAID, SON, COME

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WITH ME, AND HE FIXED IT.

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BUT THE BOTTOM LINE IS THAT AT

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THAT POINT IN TIME I WAS

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DENIED SOME BASIC RIGHTS THAT

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OTHER PEOPLE TOOK FOR GRANTED.

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SO THE CONSTITUTION, I LOVE IT

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AS IT BECOMES MORE ACTUALIZED,

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I SEE MY PLACE, AND I DEFEND

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IT.

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>> WHEN IT REALLY HIT ME,

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PROBABLY WHAT THE CONSTITUTION

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REALLY MEANT TO ME, PERSONALLY,

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WAS WHEN I WENT TO WEST POINT.

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I'M WALKING WHERE PEOPLE LIKE

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GRANT AND EISENHOWER AND

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MacARTHUR HAVE WALKED.

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AND HERE AM I, YOU KNOW, A

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LITTLE HISPANIC GIRL FROM NEW

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YORK CITY TAKING THE OATH TO

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SUPPORT AND DEFEND THE

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CONSTITUTION.

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IT IS AN EMPOWERING THING TO

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TAKE UPON OURSELVES EACH ONE

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AS CITIZENS IN THE MILITARY,

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AS CIVILIANS, THIS ENORMOUS

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RESPONSIBILITY THAT THE

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CONSTITUTION PLACES ON ALL OF

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US.

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BECAUSE IT COMES FROM THE IDEA

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THAT THE GOVERNMENT IS OF THE

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PEOPLE, BY THE PEOPLE, FOR THE

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PEOPLE.

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>>

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♪ IN 1787 I'M TOLD, OUR

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FOUNDING FATHERS DID AGREE ♪

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♪ TO WRITE A LIST OF

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PRINCIPLES FOR KEEPING PEOPLE

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FREE ♪

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>> WHEN I WAS A KID THERE WAS

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A CHILDREN'S SHOW THAT SANG

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THE CONSTITUTION.

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SCHOOL HOUSE ROCK, THAT'S

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RIGHT.

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IT'S PHENOMENAL HOW THAT LEFT

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AN IMPRINT STILL TO THIS DAY.

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♪ WE THE PEOPLE ♪.

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>> IN ORDER TO FORM A MORE

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PERFECT UNION ♪

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♪ ESTABLISHED JUSTICE, ENSURE

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DOMESTIC TRANQUILITY ♪.

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>> I LOVE IT.

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IT'S GOOD STUFF.

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I THINK THE TIMES WE LIVE IN

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NOW WHERE THERE'S SO MUCH

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GOING ON AND THERE'S SO MUCH

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HANKERING TO CHANGE THE

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CONSTITUTION, TO DO THIS TO

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THE CONSTITUTION, I THINK

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PEOPLE NEED TO FUNDAMENTALLY

216
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UNDERSTAND AND APPRECIATE IT

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FOR WHAT IT IS, AS IT IS.

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♪ FOR THE UNITED STATES OF

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AMERICA ♪

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>> HOW MANY TIMES HAVE I

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REFERRED TO THIS MAGNIFICENT

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INSTRUMENT, WHICH I OFTEN

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THINK IT'S ALMOST BY DIVINE

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PROVIDENCE THAT THESE MEN

225
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GATHERED TOGETHER IN THAT HOT

226
00:07:05,066 --> 00:07:14,166
CONSTITUTIONAL CONVENTION AND

227
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WORKED ON IT THOSE PERIOD OF

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TIME.

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AND YOU KNOW WHAT FRANKLIN

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SAID WHEN HE WALKED OUT.

231
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A PRESS PERSON ASKED HIM, WHAT

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HAVE YOU WROUGHT?

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AND HE SAID, A DOCUMENT, A

234
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REPUBLIC, IF YOU CAN KEEP IT.

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AND THAT'S BEEN TESTED MANY

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TIMES, AND WE'VE KEPT IT.

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>> I THINK OUR CONSTITUTION

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00:07:34,900 --> 00:07:37,700
HAS STOOD THE TEST OF TIME.

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I THINK WE ARE THE ENVY OF OUR

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NATIONS.

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MANY COUNTRIES HAVE FOLLOWED

242
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BASICALLY OUR CONSTITUTION.

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00:07:39,733 --> 00:07:44,933
THE THREE SEPARATE BRANCHES, I

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THINK ARE PRETTY WELL CLEARLY

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DEFINED.

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THEY'RE CO-EQUAL.

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AND THE CHECKS AND BALANCES

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SOMETIMES I THINK THERE ARE

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MORE CHECKS THAN BALANCES

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BECAUSE THE WAY THE

251
00:07:52,200 --> 00:07:58,400
CONSTITUTION IS DRAFTED, YOU

252
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KNOW, THAT THINGS PROCEED VERY

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SLOWLY IN GOVERNMENT.

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MAYBE THAT WAS THE INTENT OF

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THE DRAFTERS, BUT SOMETIMES

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THINGS NEVER SEEM TO GET DONE.

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00:08:05,900 --> 00:08:10,966
>> PEOPLE OFTEN SAY IT WOULD

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BE WRONG TO CHANGE WHAT THE

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FOUNDERS DID.

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THEY NEED TO GO BACK AND READ

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WHAT THE FOUNDERS SAID.

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THEY WERE PRETTY CONSISTENT

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ABOUT EXPECTING US TO HAVE

264
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REGULAR CONSTITUTIONAL

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CONVENTIONS.

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00:08:19,400 --> 00:08:24,800
THEY WANTED EACH GENERATION TO

267
00:08:21,333 --> 00:08:26,400
RECONSIDER WHAT THEY HAD DONE.

268
00:08:23,133 --> 00:08:27,366
THOMAS JEFFERSON MAYBE WAS THE

269
00:08:24,800 --> 00:08:30,666
MOST RADICAL IN SUGGESTING

270
00:08:26,400 --> 00:08:33,633
THAT THERE OUGHT TO BE A NEW

271
00:08:27,366 --> 00:08:35,866
CONSTITUTION EVER GENERATION,

272
00:08:30,666 --> 00:08:36,500
19 YEARS, IN HIS TIME.

273
00:08:33,633 --> 00:08:38,733
WE CERTAINLY DON'T NEED A

274
00:08:35,866 --> 00:08:40,333
CONSTITUTIONAL CONVENTION

275
00:08:36,500 --> 00:08:41,000
EVERY 19 YEARS, I THINK IT'S

276
00:08:38,733 --> 00:08:43,166
PERFECTLY REASONABLE TO HAVE A

277
00:08:40,333 --> 00:08:43,933
CONSTITUTIONAL CONVENTION IN

278
00:08:41,000 --> 00:08:45,533
THE FIRST DECADE OF EVERY NEW

279
00:08:43,166 --> 00:08:46,733
CENTURY.

280
00:08:43,933 --> 00:08:47,733
EVEN IF WE CHANGE NOT A WORD,

281
00:08:45,533 --> 00:08:48,733
IT WOULD BE A MARVELOUS

282
00:08:46,733 --> 00:08:49,900
OPPORTUNITY FOR CIVIC HE HAD

283
00:08:47,733 --> 00:08:51,566
CASE.

284
00:08:48,733 --> 00:09:01,866
-- EDUCATION.

285
00:08:49,900 --> 00:09:01,866
PEOPLE WOULD LEARN ABOUT THE

286
00:08:51,566 --> 00:09:01,866
CONSTITUTION.

287
00:09:02,566 --> 00:09:06,900
>> THE CONSTITUTION SERVES

288
00:09:03,766 --> 00:09:08,333
MORE THAN ONE PURPOSE.

289
00:09:05,400 --> 00:09:09,733
AT THE MOST SIMPLE AND

290
00:09:06,900 --> 00:09:12,200
TECHNICAL LEVEL, IT IS A SET

291
00:09:08,333 --> 00:09:13,700
OF INSTRUCTIONS TO THOSE WHO

292
00:09:09,733 --> 00:09:17,466
HOLD GOVERNMENT POWER.

293
00:09:12,200 --> 00:09:20,700
IT'S IN THE PREAMBLE THAT THE

294
00:09:13,700 --> 00:09:22,033
FRAMERS HAVE SPELLED OUT THE

295
00:09:17,466 --> 00:09:23,066
LOFTY PURPOSES OF GOVERNMENT.

296
00:09:20,700 --> 00:09:24,833
THE GENERAL WELFARE OF THE

297
00:09:22,033 --> 00:09:25,933
COMMON DEFENSE AND THE OTHER

298
00:09:23,066 --> 00:09:27,033
PURPOSES LIKE THAT.

299
00:09:24,833 --> 00:09:29,000
I THINK IF YOU LINGER OVER

300
00:09:25,933 --> 00:09:31,266
THAT LANGUAGE, THEN YOU BEGIN

301
00:09:27,033 --> 00:09:34,266
TO SEE WHAT THE PHILOSOPHICAL

302
00:09:29,000 --> 00:09:36,800
OR POLICY A ASSUMPTIONS --

303
00:09:31,266 --> 00:09:38,566
ASSUMPTIONS ARE THAT UNDERLIE

304
00:09:34,266 --> 00:09:39,600
THE WHOLE FEDERAL ENTERPRISE.

305
00:09:36,800 --> 00:09:41,133
SO YOU BEGIN WITH THE PREAMBLE,

306
00:09:38,566 --> 00:09:42,300
AND THEN AS YOU MOVE THROUGH

307
00:09:39,600 --> 00:09:44,633
THE BODY OF THE DOCUMENT, IT'S

308
00:09:41,133 --> 00:09:47,233
ACTUALLY FAIRLY LOGICALLY

309
00:09:42,300 --> 00:09:48,266
ORGANIZED.

310
00:09:44,633 --> 00:09:49,466
>> ARTICLE I IS THE

311
00:09:47,233 --> 00:09:50,333
LEGISLATIVE ARTICLE.

312
00:09:48,266 --> 00:09:52,200
THAT'S THE ARTICLE THAT

313
00:09:49,466 --> 00:09:53,833
ESSENTIALLY ESTABLISHES

314
00:09:50,333 --> 00:09:55,933
CONGRESS, SAYS WHAT CONGRESS'S

315
00:09:52,200 --> 00:09:57,900
POWERS MAY BE.

316
00:09:53,833 --> 00:09:59,500
SO ARTICLE I QUITE SIMPLY IS

317
00:09:55,933 --> 00:10:00,933
THE LEGISLATIVE BRANCH.

318
00:09:57,900 --> 00:10:02,700
ARTICLE II IS THE EXECUTIVE

319
00:09:59,500 --> 00:10:03,633
BRANCH, PROVIDES FOR THE

320
00:10:00,933 --> 00:10:05,566
PRESIDENCY, ESSENTIALLY TO

321
00:10:02,700 --> 00:10:06,800
PROVIDE FOR THE EXECUTION OF

322
00:10:03,633 --> 00:10:07,700
THE LAWS.

323
00:10:05,566 --> 00:10:09,933
THERE'S SOME DEBATE OVER

324
00:10:06,800 --> 00:10:11,100
WHETHER THERE IS INHERENT

325
00:10:07,700 --> 00:10:11,933
POWER IN THE PRESIDENCY, BUT

326
00:10:09,933 --> 00:10:13,466
IT DOES MAKE HIM

327
00:10:11,100 --> 00:10:15,133
COMMANDER-IN-CHIEF AS WELL AS

328
00:10:11,933 --> 00:10:16,533
BEING THE CHIEF EXECUTIVE

329
00:10:13,466 --> 00:10:18,100
OFFICER.

330
00:10:15,133 --> 00:10:19,600
ARTICLE III IS THE ARTICLE

331
00:10:16,533 --> 00:10:20,866
THAT PROVIDES FOR THE JUDICIAL

332
00:10:18,100 --> 00:10:23,166
SYSTEM.

333
00:10:19,600 --> 00:10:24,800
IT SAYS THERE SHALL BE SUPREME

334
00:10:20,866 --> 00:10:26,000
COURT.

335
00:10:23,166 --> 00:10:27,166
FINALLY, AS YOU MOVE TOWARDS

336
00:10:24,800 --> 00:10:29,600
THE LATTER PART OF THE

337
00:10:26,000 --> 00:10:30,833
CONSTITUTION, YOU BEGIN TO GET

338
00:10:27,166 --> 00:10:31,166
TO THINGS LIKE SUE PREM SI AND

339
00:10:29,600 --> 00:10:33,033
CHANGE -- SUPREMACY AND

340
00:10:30,833 --> 00:10:34,400
CHANGE.

341
00:10:31,166 --> 00:10:35,066
YOU LOOK TO THE FUTURE, IN

342
00:10:33,033 --> 00:10:36,166
EFFECT.

343
00:10:34,400 --> 00:10:39,033
SO YOU START WITH THE

344
00:10:35,066 --> 00:10:40,266
STATEMENT OF PURPOSE, THE

345
00:10:36,166 --> 00:10:41,700
PREAMBLE, YOU SET UP THE THREE

346
00:10:39,033 --> 00:10:43,066
BRANCHES OF GOVERNMENT, YOU

347
00:10:40,266 --> 00:10:45,000
FLESH OUT THE FEDERAL SYSTEM,

348
00:10:41,700 --> 00:10:47,466
AND YOU LOOK TO THE FUTURE.

349
00:10:43,066 --> 00:10:48,833
OF COURSE IT CONTAINS LOTS OF

350
00:10:45,000 --> 00:10:50,266
COMPLICATED IMPLICATIONS.

351
00:10:47,466 --> 00:10:51,033
I MEAN, INTERPRETING IT,

352
00:10:48,833 --> 00:10:56,133
APPLYING IT, MAKING IT WORK

353
00:10:50,266 --> 00:10:57,233
CREATES VOLUMES OF

354
00:10:51,033 --> 00:10:58,000
CONSTITUTIONAL LAW.

355
00:10:56,133 --> 00:10:59,266
>> I MEAN, THIS IS TRADITION,

356
00:10:57,233 --> 00:10:59,966
YOU KNOW.

357
00:10:58,000 --> 00:11:02,633
IT'S JUST LIKE, IT'S THE

358
00:10:59,266 --> 00:11:04,333
LITTLE THINGS.

359
00:10:59,966 --> 00:11:05,133
IT'S THE LITTLE THINGS AT VMI,

360
00:11:02,633 --> 00:11:05,866
THE THINGS THAT THE COURTS

361
00:11:04,333 --> 00:11:06,966
CAN'T SEE.

362
00:11:05,133 --> 00:11:08,000
>> YEAH.

363
00:11:05,866 --> 00:11:08,366
IF WOMEN COME HERE, IT WILL BE

364
00:11:06,966 --> 00:11:10,133
LIKE, YOU KNOW, IT WILL BE

365
00:11:08,000 --> 00:11:11,466
LIKE --

366
00:11:08,366 --> 00:11:12,300
>> THAT'S WHAT THEY WANT.

367
00:11:10,133 --> 00:11:13,200
>> BECAUSE THE WAY IT'S NOW,

368
00:11:11,466 --> 00:11:13,866
IT IS ALL MALE.

369
00:11:12,300 --> 00:11:15,466
AS SOON AS THEY COME HERE, IT

370
00:11:13,200 --> 00:11:18,366
WILL CHANGE.

371
00:11:13,866 --> 00:11:19,533
SO THEY STILL WON'T BE GAINING

372
00:11:15,466 --> 00:11:20,800
ANYTHING.

373
00:11:18,366 --> 00:11:23,533
>> WE ACTUALLY DO TEACH THE

374
00:11:19,533 --> 00:11:25,300
CASE INVOLVING VMI.

375
00:11:20,800 --> 00:11:26,500
IT'S U.S. V. VIRGINIA.

376
00:11:23,533 --> 00:11:29,033
IT TALKS ABOUT THESE

377
00:11:25,300 --> 00:11:30,266
STEREOTYPES THAT WERE PRETTY

378
00:11:26,500 --> 00:11:31,366
MUCH ENSHRINED IN SOME WAYS IN

379
00:11:29,033 --> 00:11:32,333
THE LAW THE WAY CASES WERE

380
00:11:30,266 --> 00:11:33,300
BEING DECIDED THAT MEN HAD A

381
00:11:31,366 --> 00:11:35,400
CERTAIN SPHERE WHERE THEY WERE

382
00:11:32,333 --> 00:11:37,133
GOING TO BE ACTIVE IN, AND

383
00:11:33,300 --> 00:11:37,833
THAT THEY WERE CAPABLE IN, AND

384
00:11:35,400 --> 00:11:39,766
WHEN WOMEN HAD ANOTHER, MORE

385
00:11:37,133 --> 00:11:40,633
LIMITED SPHERE.

386
00:11:37,833 --> 00:11:42,233
AND IT WASN'T IN THE SAME

387
00:11:39,766 --> 00:11:45,366
SPHERE WHICH WOULD ALLOW WOMEN

388
00:11:40,633 --> 00:11:47,333
TO BE LEADERS, WOMEN TO GO

389
00:11:42,233 --> 00:11:49,166
INTO THE MILITARY, WOMEN TO

390
00:11:45,366 --> 00:11:50,100
CONTRIBUTE AS WELL AS MEN DO.

391
00:11:47,333 --> 00:11:51,133
>> IN THE VMI CASE, IT WAS THE

392
00:11:49,166 --> 00:11:53,666
DEPARTMENT OF JUSTICE THAT WAS

393
00:11:50,100 --> 00:11:54,733
SUING THE STATE OF VIRGINIA ON

394
00:11:51,133 --> 00:11:56,333
BEHALF OF ALL THE CITIZENS OF

395
00:11:53,666 --> 00:11:57,666
VIRGINIA, AND PARTICULARLY

396
00:11:54,733 --> 00:11:59,300
THOSE YOUNG WOMEN WHO WISHED

397
00:11:56,333 --> 00:12:00,066
TO AVAIL THEMSELVES OF THE

398
00:11:57,666 --> 00:12:01,500
EDUCATIONAL OPPORTUNITIES AT

399
00:11:59,300 --> 00:12:04,500
VIRGINIA MILITARY INSTITUTE

400
00:12:00,066 --> 00:12:05,733
WHICH WAS A STATE INSTITUTION.

401
00:12:01,500 --> 00:12:06,900
THE VMI CASE WAS AN

402
00:12:04,500 --> 00:12:09,433
OPPORTUNITY FOR ACTUALLY

403
00:12:05,733 --> 00:12:11,333
JUSTICE GINSBURG, WHO HAD BEEN

404
00:12:06,900 --> 00:12:12,633
ONE OF THE CHAMPIONS OF

405
00:12:09,433 --> 00:12:13,566
WOMEN'S RIGHTS IN THE '70s,

406
00:12:11,333 --> 00:12:14,833
AND CASE BY CASE IS AN

407
00:12:12,633 --> 00:12:15,666
ADVOCATE LITIGATING IN FRONT

408
00:12:13,566 --> 00:12:16,866
OF THE SUPREME COURT, NOW SHE

409
00:12:14,833 --> 00:12:18,366
WAS ON THE SUPREME COURT.

410
00:12:15,666 --> 00:12:19,833
SO SHE WAS ABLE TO WRITE THE

411
00:12:16,866 --> 00:12:20,933
MAJORITY OPINION THERE.

412
00:12:18,366 --> 00:12:22,533
>> AND SO THAT'S JUST ONE OF

413
00:12:19,833 --> 00:12:24,600
THOSE EXAMPLES WHERE A VERY

414
00:12:20,933 --> 00:12:26,266
DIFFICULT, AND CONTROVERSIAL

415
00:12:22,533 --> 00:12:27,366
AT THE TIME, DECISION IS MADE.

416
00:12:24,600 --> 00:12:28,666
NOW WE CAN SAY WHETHER WE

417
00:12:26,266 --> 00:12:30,366
AGREE WITH THE DECISION OR NOT,

418
00:12:27,366 --> 00:12:31,733
OR WHETHER WE AGREE WITH THE

419
00:12:28,666 --> 00:12:33,233
RATIONALE OR NOT.

420
00:12:30,366 --> 00:12:35,633
BUT AS AMERICANS, WE ALL AGREE

421
00:12:31,733 --> 00:12:36,366
THE PROCESS IS THAT THE COURTS

422
00:12:33,233 --> 00:12:38,566
WILL DETERMINE THAT.

423
00:12:35,633 --> 00:12:40,300
AND THAT THE SUPREME COURT

424
00:12:36,366 --> 00:12:48,066
WILL BE THE ULTIMATE ARBITER

425
00:12:38,566 --> 00:12:52,166
OF WHAT A PHRASE IN THE

426
00:12:40,300 --> 00:12:52,166
CONSTITUTION MEANS.

427
00:12:48,066 --> 00:12:52,166
♪

428
00:12:53,033 --> 00:12:59,900
>> PRIOR TO THE CONSTITUTION,

429
00:12:54,000 --> 00:13:01,300
WE HAD A COUNTRY IN DISARRAY.

430
00:12:58,533 --> 00:13:03,200
OUR FOREIGN PREDATORS WERE

431
00:12:59,900 --> 00:13:03,500
HANGING OUT, WAITING FOR US TO

432
00:13:01,300 --> 00:13:06,166
FALL APART: FRANCE, ENGLAND,

433
00:13:03,200 --> 00:13:07,966
SPAIN.

434
00:13:03,500 --> 00:13:11,600
IT WAS INSANITY.

435
00:13:06,166 --> 00:13:12,566
WASHINGTON, MADISON, HAMILTON,

436
00:13:07,966 --> 00:13:15,533
JEFFERSON ALL BEMOANED THE

437
00:13:11,600 --> 00:13:16,366
POSSIBILITY OF MAINTAINING A

438
00:13:12,566 --> 00:13:20,000
NATION.

439
00:13:15,533 --> 00:13:21,300
THE CONSTITUTIONAL CONVENTION

440
00:13:16,366 --> 00:13:23,000
IS A MODEL OF COMPROMISE.

441
00:13:20,000 --> 00:13:23,766
AND THESE WERE PEOPLE AS

442
00:13:21,300 --> 00:13:24,933
DIVERSE, RELATIVELY SPEAKING,

443
00:13:23,000 --> 00:13:26,500
AS WE ARE NOW.

444
00:13:23,766 --> 00:13:27,166
THEY CAME FROM DIFFERENT

445
00:13:24,933 --> 00:13:28,133
RELIGIONS, WHICH ACTUALLY HAD

446
00:13:26,500 --> 00:13:29,466
MEANING.

447
00:13:27,166 --> 00:13:32,000
THEY CAME FROM STATES THAT

448
00:13:28,133 --> 00:13:33,366
WERE AS DISTANT AND DIFFERENT

449
00:13:29,466 --> 00:13:36,066
AS NATIONS ARE TODAY.

450
00:13:32,000 --> 00:13:40,133
AND THEY DID NOT LIKE EACH

451
00:13:33,366 --> 00:13:45,066
OTHER, BUT THEY UNDERSTOOD THE

452
00:13:36,066 --> 00:13:46,066
GREAT NEED TO CREATE THE" WE"

453
00:13:40,133 --> 00:13:48,200
SO THEY MADE MANY COMPROMISES.

454
00:13:45,066 --> 00:13:49,300
>> YOU HAVE TO IMAGINE WHEN

455
00:13:46,066 --> 00:13:51,433
THE FRAMERS WERE WORKING ON

456
00:13:48,200 --> 00:13:53,933
WHAT BECAME OUR CONSTITUTION,

457
00:13:49,300 --> 00:13:55,000
THE CHALLENGE THAT THEY WERE

458
00:13:51,433 --> 00:13:55,933
CON FRONT FRONTED.

459
00:13:53,933 --> 00:13:56,866
FRANKLY THEY DIDN'T KNOW YET

460
00:13:55,000 --> 00:13:59,433
WHAT A CONSTITUTION OUGHT TO

461
00:13:55,933 --> 00:14:00,233
LOOK LIKE.

462
00:13:56,866 --> 00:14:01,200
HOW DO WE WRITE THIS

463
00:13:59,433 --> 00:14:02,300
CONSTITUTION, GIVE THE

464
00:14:00,233 --> 00:14:05,233
GOVERNMENT THE POWERS THAT IT

465
00:14:01,200 --> 00:14:06,300
NEEDS THAT WE THINK IT NEEDS,

466
00:14:02,300 --> 00:14:07,633
TO MAKE AMERICA A GREAT NATION,

467
00:14:05,233 --> 00:14:10,800
BUT AT THE SAME TIME QUIET THE

468
00:14:06,300 --> 00:14:14,766
DOUBTS AND FEARS OF PEOPLE WHO

469
00:14:07,633 --> 00:14:15,966
SAID, "NO, THAT MUCH POWER IS

470
00:14:10,800 --> 00:14:18,233
BOUND TO BE TYRANNICAL."

471
00:14:14,766 --> 00:14:19,266
>> JAMES MADISON WAS CERTAINLY

472
00:14:15,966 --> 00:14:20,466
ONE OF THE KEY FIGURES.

473
00:14:18,233 --> 00:14:21,300
HE CAME UP WITH A PLAN AND

474
00:14:19,266 --> 00:14:22,800
TOOK THAT WITH HIM TO

475
00:14:20,466 --> 00:14:24,733
PHILADELPHIA.

476
00:14:21,300 --> 00:14:25,733
MANY PARTS OF MADISON'S PLAN

477
00:14:22,800 --> 00:14:27,700
WERE NOT FINALLY ADOPTED, BUT

478
00:14:24,733 --> 00:14:29,466
MADISON HAD THE POLITICAL

479
00:14:25,733 --> 00:14:32,033
SENSE, THE TACTICAL SENSE TO

480
00:14:27,700 --> 00:14:33,333
REALIZE THAT HE WOULD HAVE TO

481
00:14:29,466 --> 00:14:34,466
MAKE SOME COMPROMISES.

482
00:14:32,033 --> 00:14:37,633
AND THE MAIN THING WAS TO COME

483
00:14:33,333 --> 00:14:39,066
OUT OF THE CONVENTION WITH A

484
00:14:34,466 --> 00:14:41,200
PLAN THAT WORKED.

485
00:14:37,633 --> 00:14:42,933
HE PROPOSED AND WANTED

486
00:14:39,066 --> 00:14:43,600
REPRESENTATION IN THE CONGRESS

487
00:14:41,200 --> 00:14:44,433
TO BE BASED ON POPULATION.

488
00:14:42,933 --> 00:14:47,033
THE MORE PEOPLE IN A STATE,

489
00:14:43,600 --> 00:14:49,000
THE HIGHER THE REPRESENTATION

490
00:14:44,433 --> 00:14:49,666
IN CONGRESS.

491
00:14:47,033 --> 00:14:50,866
OTHER PEOPLE AT PHILADELPHIA,

492
00:14:49,000 --> 00:14:52,500
PARTICULARLY FROM THE SMALL

493
00:14:49,666 --> 00:14:55,300
STATES, WERE WORRIED THAT THE

494
00:14:50,866 --> 00:14:56,400
BIG STATES LIKE MASSACHUSETTS

495
00:14:52,500 --> 00:14:58,200
AND VIRGINIA AND NEW YORK

496
00:14:55,300 --> 00:15:00,100
WOULD BASICALLY SWALLOW UP THE

497
00:14:56,400 --> 00:15:01,033
REST OF THEM AND THEY WOULD BE

498
00:14:58,200 --> 00:15:02,033
OUTVOTED, OUTNUMBERED, AND

499
00:15:00,100 --> 00:15:04,700
THEREFORE THEY WOULD BE

500
00:15:01,033 --> 00:15:06,266
THREATENED BY THAT KIND OF

501
00:15:02,033 --> 00:15:07,133
ARRANGEMENT.

502
00:15:04,700 --> 00:15:08,233
SO THE COUNTER-PROPOSAL AT

503
00:15:06,266 --> 00:15:10,333
PHILADELPHIA WAS ESSENTIALLY A

504
00:15:07,133 --> 00:15:10,866
PLAN THAT WOULD HAVE GIVEN

505
00:15:08,233 --> 00:15:12,500
EACH STATE EQUAL

506
00:15:10,333 --> 00:15:14,200
REPRESENTATION.

507
00:15:10,866 --> 00:15:16,733
AND THE MIDDLE GROUND IN A

508
00:15:12,500 --> 00:15:17,600
SENSE WAS FAIRLY OBVIOUS, WELL,

509
00:15:14,200 --> 00:15:18,300
WE'LL SPLIT THE DIFFERENCE.

510
00:15:16,733 --> 00:15:18,800
WE'LL HAVE THE HOUSE OF

511
00:15:17,600 --> 00:15:20,566
REPRESENTATIVES BASED ON

512
00:15:18,300 --> 00:15:21,733
POPULATION.

513
00:15:18,800 --> 00:15:24,900
WE'LL HAVE THE SENATE BASED ON

514
00:15:20,566 --> 00:15:26,233
STATE'S EQUALS AND THEREFORE

515
00:15:21,733 --> 00:15:27,133
BOTH THE PEOPLE THE PEOPLE AND

516
00:15:24,900 --> 00:15:32,233
THE STATES WILL SOMEHOW BOTH

517
00:15:26,233 --> 00:15:33,666
BE REPRESENTED IN THE

518
00:15:27,133 --> 00:15:35,266
LEGISLATIVE PROCESS.

519
00:15:32,233 --> 00:15:36,633
ON THE EXECUTIVE, THAT, AGAIN,

520
00:15:33,666 --> 00:15:38,633
WAS A COMPROMISE.

521
00:15:35,266 --> 00:15:39,433
THEY WEREN'T WILLING TO GO AS

522
00:15:36,633 --> 00:15:41,400
FAR AS TO HAVE A POPULARLY

523
00:15:38,633 --> 00:15:43,166
ELECTED PRESIDENT.

524
00:15:39,433 --> 00:15:44,500
THIS WAS NOT THE MIND SET OF

525
00:15:41,400 --> 00:15:45,600
18th CENTURY FRAMERS.

526
00:15:43,166 --> 00:15:47,066
BUT THEY ALSO THOUGHT THEY

527
00:15:44,500 --> 00:15:48,700
SHOULD NOT HAVE THE PRESIDENT

528
00:15:45,600 --> 00:15:50,066
ELECTED BY, LET'S SAY, THE

529
00:15:47,066 --> 00:15:52,000
SENATE OR BY CONGRESS BECAUSE

530
00:15:48,700 --> 00:15:52,433
THAT WOULD MAKE THE EXECUTIVE

531
00:15:50,066 --> 00:15:53,933
DEPENDENT UPON THE LEGISLATIVE

532
00:15:52,000 --> 00:15:54,866
BRANCH.

533
00:15:52,433 --> 00:15:55,533
AND THEY WOULD NOT BE

534
00:15:53,933 --> 00:15:57,000
SUFFICIENT SEPARATION OF

535
00:15:54,866 --> 00:15:58,133
POWERS.

536
00:15:55,533 --> 00:15:59,966
AS THE CONVENTION MOVED ALONG,

537
00:15:57,000 --> 00:16:01,500
THEY FINALLY CAME UP WITH WHAT

538
00:15:58,133 --> 00:16:03,100
WE KNOW AS THE ELECTORAL

539
00:15:59,966 --> 00:16:04,033
COLLEGE.

540
00:16:01,500 --> 00:16:06,133
A VERY CUMBERSOME AND AWKWARD

541
00:16:03,100 --> 00:16:07,200
KIND OF ARRANGEMENT.

542
00:16:04,033 --> 00:16:08,533
IT ACTUALLY MADE MORE SENSE AT

543
00:16:06,133 --> 00:16:10,566
THE TIME BECAUSE SMALLER

544
00:16:07,200 --> 00:16:11,766
COUNTRY LEADERSHIP KNEW EACH

545
00:16:08,533 --> 00:16:12,966
OTHER.

546
00:16:10,566 --> 00:16:14,300
AND THEY CERTAINLY FLEW THAT

547
00:16:11,766 --> 00:16:16,766
THE ELECTORAL COLLEGE WOULD

548
00:16:12,966 --> 00:16:17,533
GET TOGETHER.

549
00:16:14,300 --> 00:16:18,400
AND THEY KNEW THAT WHO THE

550
00:16:16,766 --> 00:16:18,800
FIRST PRESIDENT WOULD BE, IT

551
00:16:17,533 --> 00:16:19,866
WAS GOING TO BE GEORGE

552
00:16:18,400 --> 00:16:21,300
WASHINGTON.

553
00:16:18,800 --> 00:16:23,033
WELL, THAT WORKED ALL RIGHT

554
00:16:19,866 --> 00:16:33,500
FOR A TIME OR TWO, BUT AS WE

555
00:16:21,300 --> 00:16:33,500
KNOW TODAY, IT'S A LITTLE BIT

556
00:16:23,033 --> 00:16:33,500
HARD TO EXPLAIN OR JUSTIFY.

557
00:16:33,733 --> 00:16:38,866
>> ONE OF THE KEY COMPROMISES

558
00:16:34,933 --> 00:16:41,933
MADE IN PHILADELPHIA WAS TO

559
00:16:37,766 --> 00:16:43,533
BUILD IN CERTAIN PROTECTIONS

560
00:16:38,866 --> 00:16:44,200
FOR SLAVERY.

561
00:16:41,933 --> 00:16:45,833
WHAT THEY REALIZED IS THAT YOU

562
00:16:43,533 --> 00:16:50,066
COULDN'T HAVE A CONSTITUTION

563
00:16:44,200 --> 00:16:54,466
IN THE FIRST PLACE UNLESS YOU

564
00:16:45,833 --> 00:16:55,433
APIECED THE MINORITY OF

565
00:16:50,066 --> 00:16:57,200
WELL-PLACED SLAVEHOLDERS.

566
00:16:54,466 --> 00:16:58,066
>> THE SOUTHERN STATES WANTED

567
00:16:55,433 --> 00:16:59,766
TO HAVE POWER IN CONGRESS

568
00:16:57,200 --> 00:17:01,833
PROPORTIONATE TO THEIR

569
00:16:58,066 --> 00:17:02,766
POPULATION.

570
00:16:59,766 --> 00:17:04,566
AND THEY AT FIRST SAID WE

571
00:17:01,833 --> 00:17:05,600
SHOULD GET REPRESENTATION FOR

572
00:17:02,766 --> 00:17:07,366
ALL OUR SLAVES AS WELL AS FREE

573
00:17:04,566 --> 00:17:09,166
PEOPLE.

574
00:17:05,600 --> 00:17:11,033
WELL, THE NORTHERN STATES SAID,

575
00:17:07,366 --> 00:17:12,033
NO, ABSOLUTELY NOT.

576
00:17:09,166 --> 00:17:12,366
I MEAN, WHAT'S THE DEAL?

577
00:17:11,033 --> 00:17:14,000
ARE THEY PROPERTY OR ARE THEY

578
00:17:12,033 --> 00:17:14,833
PEOPLE?

579
00:17:12,366 --> 00:17:17,800
YOU CAN'T HAVE BOTH WAYS.

580
00:17:14,000 --> 00:17:19,533
THEY MADE IT CLEAR THEY WERE

581
00:17:14,833 --> 00:17:21,066
GOING TO WALK OUT.

582
00:17:17,800 --> 00:17:22,500
>> ISN'T IT REMARKABLE KNOWING

583
00:17:19,533 --> 00:17:25,433
WHAT WE NOW KNOW ABOUT THE

584
00:17:21,066 --> 00:17:30,800
AMERICAN HISTORY THE PROBLEM

585
00:17:22,500 --> 00:17:31,833
OF SLAVERY, SECTIONALISM, THE

586
00:17:25,433 --> 00:17:33,900
CIVIL WAR, RECONSTRUCTION.

587
00:17:30,800 --> 00:17:35,833
SLAVERY IS STILL WITH US IN

588
00:17:31,833 --> 00:17:37,800
THE CIVIL RIGHTS MOVEMENT OF

589
00:17:33,900 --> 00:17:38,866
THE 20th CENTURY AND THE

590
00:17:35,833 --> 00:17:40,233
PROBLEMS TODAY, IT MAY NOT BE

591
00:17:37,800 --> 00:17:41,333
SLAVERY AS SUCH, BUT WE STILL

592
00:17:38,866 --> 00:17:42,633
HAVE THE LINGERING PROBLEMS OF

593
00:17:40,233 --> 00:17:44,300
RACE.

594
00:17:41,333 --> 00:17:45,100
GIVEN ALL THAT AMERICAN

595
00:17:42,633 --> 00:17:46,333
HISTORY, ISN'T IT REMARKABLE

596
00:17:44,300 --> 00:17:47,333
THAT WHEN YOU READ THE

597
00:17:45,100 --> 00:17:48,300
CONSTITUTION, THE WORD SLAVERY

598
00:17:46,333 --> 00:17:51,966
NEVER APPEARS.

599
00:17:47,333 --> 00:18:02,333
THE CONSTITUTION SEEMS NOT TO

600
00:17:48,300 --> 00:18:02,333
TALK ABOUT SLAVES.

601
00:17:51,966 --> 00:18:02,333
THE FRAMERS OF THE

602
00:18:10,533 --> 00:18:16,400
CONSTITUTION AGREED TO WHAT IS

603
00:18:14,133 --> 00:18:17,933
CALLED THE THREE 50s

604
00:18:15,466 --> 00:18:18,600
COMPROMISE.

605
00:18:16,400 --> 00:18:21,233
NAMELY THREE-FIFTHS

606
00:18:17,933 --> 00:18:21,933
COMPROMISE.

607
00:18:18,600 --> 00:18:22,633
NAMELY IN DECIDING THE BASIS

608
00:18:21,233 --> 00:18:23,800
OF REPRESENTATION IN THE HOUSE

609
00:18:21,933 --> 00:18:27,033
OF REPRESENTATIVES THAT YOU

610
00:18:22,633 --> 00:18:28,700
WOULD COUNT NOT ONLY FREE

611
00:18:23,800 --> 00:18:30,400
POPULATION, BUT THREE-FIFTHS

612
00:18:27,033 --> 00:18:32,166
OF OTHER PERSONS.

613
00:18:28,700 --> 00:18:33,366
"OTHER PERSONS" BEING A

614
00:18:30,400 --> 00:18:36,200
EUPHIMISM FOR SLAVES, SO THE

615
00:18:32,166 --> 00:18:37,700
SOUTHERN STATES WANTED SLAVES

616
00:18:33,366 --> 00:18:38,566
TO BE COUNTED ONE ON ONE TO

617
00:18:36,200 --> 00:18:39,666
SWELL THEIR POPULATION.

618
00:18:37,700 --> 00:18:41,566
NORTHERN STATES WOULD HAVE

619
00:18:38,566 --> 00:18:43,000
PREFERRED THAT SLAVES NOT BE

620
00:18:39,666 --> 00:18:45,033
COUNTED AT ALL.

621
00:18:41,566 --> 00:18:46,266
AND SO FINALLY THEY JUST, IN

622
00:18:43,000 --> 00:18:47,466
EFFECT, CAME UP WITH THIS

623
00:18:45,033 --> 00:18:48,500
THREE-FIFTHS COMPROMISE.

624
00:18:46,266 --> 00:18:51,400
SO THE TEXT OF THE

625
00:18:47,466 --> 00:18:54,333
CONSTITUTION TALKS ABOUT

626
00:18:48,500 --> 00:18:55,500
THREE-FIFTHS OF OTHER PERSONS.

627
00:18:51,400 --> 00:18:56,966
THAT, OF COURSE, IS NOW A MOOT

628
00:18:54,333 --> 00:18:59,533
POINT, I MEAN, THAT LANGUAGE

629
00:18:55,500 --> 00:19:01,066
NO LONGER HAS ANY LEGAL EFFECT

630
00:18:56,966 --> 00:19:06,733
BECAUSE OF THE 13th, 14th AND

631
00:18:59,533 --> 00:19:10,066
15th AMENDMENTS, BUT IT IS

632
00:19:01,066 --> 00:19:10,833
STILL IN THERE.

633
00:19:06,733 --> 00:19:12,266
>> WE ARE DISINHERITED OF THIS

634
00:19:10,066 --> 00:19:13,166
LAND.

635
00:19:10,833 --> 00:19:14,366
WE WHO HAVE BEEN OPPRESSED SO

636
00:19:12,266 --> 00:19:16,066
LONG ARE TIRED OF GOING

637
00:19:13,166 --> 00:19:17,466
THROUGH THE LONG NIGHT OF

638
00:19:14,366 --> 00:19:19,300
CAPTIVITY.

639
00:19:16,066 --> 00:19:21,200
NOW WE ARE REACHING OUT FOR

640
00:19:17,466 --> 00:19:22,366
THE DAYBREAK OF FREEDOM AND

641
00:19:19,300 --> 00:19:23,666
JUSTICE AND EQUALITY.

642
00:19:21,200 --> 00:19:24,933
[ APPLAUSE ]

643
00:19:22,366 --> 00:19:25,866
[ CHEERING ]

644
00:19:23,666 --> 00:19:27,866
>> THIS THE CIVIL RIGHTS

645
00:19:24,933 --> 00:19:30,466
MOVEMENT THERE'S A GREAT

646
00:19:25,866 --> 00:19:32,633
MOMENT, IT'S DECEMBER 5, 1955.

647
00:19:27,866 --> 00:19:33,500
THE FIRST MEETING OF THE

648
00:19:30,466 --> 00:19:34,500
MONTGOMERY IMPROVEMENT

649
00:19:32,633 --> 00:19:35,466
ASSOCIATION IS BEING HELD.

650
00:19:33,500 --> 00:19:37,666
THIS IS THE BEGINNING OF THE

651
00:19:34,500 --> 00:19:38,500
BUS BOYCOTT.

652
00:19:35,466 --> 00:19:39,433
ROSA PARKS HAS BEEN ARRESTED

653
00:19:37,666 --> 00:19:40,533
FOUR DAYS EARLIER.

654
00:19:38,500 --> 00:19:41,666
PEOPLE HAVE STAYED OFF THE

655
00:19:39,433 --> 00:19:43,533
BUSES FOR ONE DAY.

656
00:19:40,533 --> 00:19:47,000
NOW THOUSANDS OF THEM ARE

657
00:19:41,666 --> 00:19:48,100
GATHERED IN A CHURCH IN

658
00:19:43,533 --> 00:19:49,166
MONTGOMERY AND SO MANY THAT

659
00:19:47,000 --> 00:19:50,400
THOUSANDS ARE STANDING ON THE

660
00:19:48,100 --> 00:19:51,866
STREET OUTSIDE LISTENING TO

661
00:19:49,166 --> 00:19:53,533
THIS ON LOUDSPEAKER.

662
00:19:50,400 --> 00:19:54,700
AND THIS NEW YOUNG MINISTER IN

663
00:19:51,866 --> 00:19:55,933
TOWN, MARTIN LUTHER KING, WHO

664
00:19:53,533 --> 00:19:57,266
MOST OF THEM DON'T KNOW, NEVER

665
00:19:54,700 --> 00:19:58,133
HEARD OF, DON'T KNOW ANYTHING

666
00:19:55,933 --> 00:20:00,733
AT ALL ABOUT HIM, HAS BEEN

667
00:19:57,266 --> 00:20:02,600
CHOSEN THE LEADER OF THIS

668
00:19:58,133 --> 00:20:04,500
GROUP, AND HE HAS TO GIVE THE

669
00:20:00,733 --> 00:20:05,933
REASONS WHY WE'RE HERE.

670
00:20:02,600 --> 00:20:07,033
AND THEN A RELATIVELY BRIEF

671
00:20:04,500 --> 00:20:07,800
SPEECH, MAYBE 20, 25 MINUTES,

672
00:20:05,933 --> 00:20:09,400
HE SAYS SOMETHING THAT'S JUST

673
00:20:07,033 --> 00:20:10,700
SO POWERFUL.

674
00:20:07,800 --> 00:20:13,066
HE SAYS, "WE'RE NOT WRONG

675
00:20:09,400 --> 00:20:15,200
BECAUSE IF WE ARE WRONG, THE

676
00:20:10,700 --> 00:20:16,466
SUPREME COURT IS WRONG."

677
00:20:13,066 --> 00:20:17,066
AND IN 1955, NO BLACK PEOPLE

678
00:20:15,200 --> 00:20:18,833
THINK THE SUPREME COURT IS

679
00:20:16,466 --> 00:20:20,366
WRONG.

680
00:20:17,066 --> 00:20:21,066
AND THE YEAR BEFORE IT HAS

681
00:20:18,833 --> 00:20:22,900
JUST RULED AGAINST SEGREGATED

682
00:20:20,366 --> 00:20:24,700
SCHOOLS.

683
00:20:21,066 --> 00:20:25,466
HOW COULD THAT BE WRONG?

684
00:20:22,900 --> 00:20:27,400
THEN HE SAYS, "IF WE ARE WRONG,

685
00:20:24,700 --> 00:20:30,066
THE CONSTITUTION OF THE UNITED

686
00:20:25,466 --> 00:20:31,233
STATES IS WRONG."

687
00:20:27,400 --> 00:20:33,033
AND NOBODY THEN OR NOW THINKS

688
00:20:30,066 --> 00:20:34,466
THE CONSTITUTION IS REALLY

689
00:20:31,233 --> 00:20:35,533
WRONG.

690
00:20:33,033 --> 00:20:35,866
AND THEN HE SAYS, "IF WE ARE

691
00:20:34,466 --> 00:20:38,200
WRONG, THEN JESUS CHRIST IS

692
00:20:35,533 --> 00:20:40,000
WRONG."

693
00:20:35,866 --> 00:20:40,900
OF COURSE WHEN YOU ARE

694
00:20:38,200 --> 00:20:41,800
SPEAKING IN THE HOLT STREET

695
00:20:40,000 --> 00:20:43,766
BAPTIST CHURCH, THERE'S NOBODY

696
00:20:40,900 --> 00:20:46,966
THERE WHO THINKS JESUS CHRIST

697
00:20:41,800 --> 00:20:47,566
IS, OR EVER COULD BE WRONG.

698
00:20:43,766 --> 00:20:48,466
BUT IT IS THIS ENDORSE,MENT --

699
00:20:46,966 --> 00:20:50,666
ENDORSEMENT OF THE

700
00:20:47,566 --> 00:20:51,733
CONSTITUTION, THIS EMBRACE OF

701
00:20:48,466 --> 00:20:53,600
THE CONSTITUTION THAT KING

702
00:20:50,666 --> 00:20:55,866
ARTICULATES, BUT THAT EVERYONE

703
00:20:51,733 --> 00:20:56,966
IN THE ROOM, NO MATTER HOW

704
00:20:53,600 --> 00:20:59,666
UNLETTERED THEY MAY BE

705
00:20:55,866 --> 00:21:01,200
EMBRACES WITH HIM.

706
00:20:56,966 --> 00:21:02,233
>> AND WE ARE NOT WRONG.

707
00:20:59,666 --> 00:21:03,600
WE ARE NOT WRONG IN WHAT WE

708
00:21:01,200 --> 00:21:06,566
ARE DOING.

709
00:21:02,233 --> 00:21:09,000
IF WE ARE WRONG, THE SUPREME

710
00:21:03,600 --> 00:21:12,400
COURT OF THIS NATION IS WRONG.

711
00:21:06,566 --> 00:21:13,433
IF WE ARE WRONG --

712
00:21:09,000 --> 00:21:14,100
[ CHEERING ]

713
00:21:12,400 --> 00:21:17,933
>> IF WE ARE WRONG, THE

714
00:21:13,433 --> 00:21:18,166
CONSTITUTION OF THE UNITED

715
00:21:14,100 --> 00:21:21,233
STATES IS WRONG.

716
00:21:17,933 --> 00:21:24,566
[

717
00:21:18,166 --> 00:21:25,800
[ CHEERS AND APPLAUSE ]

718
00:21:21,233 --> 00:21:29,900
>> IF WE ARE WRONG, GOD

719
00:21:24,566 --> 00:21:33,233
ALMIGHTY IS WRONG.

720
00:21:25,800 --> 00:21:35,000
[ CHEERS AND APPLAUSE ]

721
00:21:29,900 --> 00:21:35,700
♪.

722
00:21:33,233 --> 00:21:36,933
>> HE KNEW FROM THE BASIC

723
00:21:35,000 --> 00:21:37,900
AMERICAN UNDERSTANDING OF IT

724
00:21:35,700 --> 00:21:39,166
THAT THIS IS THE DOCUMENT THAT

725
00:21:36,933 --> 00:21:40,333
SAYS I AM A PERSON.

726
00:21:37,900 --> 00:21:43,766
AND AS A PERSON, I HAVE ALL

727
00:21:39,166 --> 00:21:45,033
THE RIGHTS EVERY OTHER PERSON

728
00:21:40,333 --> 00:21:46,100
HAS, NO MORE, NO LESS.

729
00:21:43,766 --> 00:21:47,166
AND THE FACT THAT I NOW HAVE

730
00:21:45,033 --> 00:21:51,666
LESS MEANS THAT I'VE GOT TO

731
00:21:46,100 --> 00:21:54,366
USE THIS DOCUMENT TO MAKE SURE

732
00:21:47,166 --> 00:21:56,233
I HAVE AN EQUAL AMOUNT.

733
00:21:51,666 --> 00:21:57,266
IT TOOK A LONG TIME FOR THE

734
00:21:54,366 --> 00:21:58,333
COUNTRY TO COME TO A

735
00:21:56,233 --> 00:22:03,700
CONSCIOUSNESS THAT WE'VE BEEN

736
00:21:57,266 --> 00:22:05,533
TREATING A PORTION OF OUR

737
00:21:58,333 --> 00:22:07,000
POPULATION BADLY.

738
00:22:03,700 --> 00:22:08,866
WE'VE DENIED THEM THE RIGHT TO

739
00:22:05,533 --> 00:22:10,033
VOLT; WE'VE DENIED THEM THE

740
00:22:07,000 --> 00:22:12,766
ORDINARY PROTECTION OF POLICE,

741
00:22:08,866 --> 00:22:13,900
WE'VE DENIED THEM JUST

742
00:22:10,033 --> 00:22:14,400
ELEMENTAL, BASIC HUMAN RIGHTS.

743
00:22:12,766 --> 00:22:15,733
AND WE'VE TREATED THEM

744
00:22:13,900 --> 00:22:16,933
AWFULLY.

745
00:22:14,400 --> 00:22:17,766
A MOVEMENT AROSE, AND THE

746
00:22:15,733 --> 00:22:18,800
MOVEMENT EVENTUALLY WON THE

747
00:22:16,933 --> 00:22:20,066
HEARTS AND MINDS OF THE

748
00:22:17,766 --> 00:22:21,333
AMERICAN PEOPLE AND THE HEARTS

749
00:22:18,800 --> 00:22:22,866
AND MINDS OF THE CONGRESS OF

750
00:22:20,066 --> 00:22:26,700
THE UNITED STATES.

751
00:22:21,333 --> 00:22:27,733
AND BECAUSE OF A COURAGEOUS

752
00:22:22,866 --> 00:22:28,900
PRESIDENT, LYNDON JOHNSON,

753
00:22:26,700 --> 00:22:31,633
HELPED SET RIGHT WHAT HAD BEEN

754
00:22:27,733 --> 00:22:32,933
WRONG FOR A HUNDRED YEARS.

755
00:22:28,900 --> 00:22:34,866
NOW, ALONG THE WAY THERE ARE

756
00:22:31,633 --> 00:22:36,833
MANY, MANY VICTORIES.

757
00:22:32,933 --> 00:22:38,100
COURT VICTORIES WON BY THE

758
00:22:34,866 --> 00:22:39,166
NAACP AND OTHER ORGANIZATIONS,

759
00:22:36,833 --> 00:22:40,700
AND THESE COURT VICTORIES

760
00:22:38,100 --> 00:22:42,700
DEPENDED ON FORGING A NEW

761
00:22:39,166 --> 00:22:44,300
ENTERS OF THE CONSTITUTION AND

762
00:22:40,700 --> 00:22:46,400
NEW ENFORCEMENT OF WHAT THE

763
00:22:42,700 --> 00:22:47,366
CONSTITUTION SAID.

764
00:22:44,300 --> 00:22:57,466
SO THE 1960s IS WHEN ALL OF

765
00:22:46,400 --> 00:22:57,466
WHAT HAS BEEN WRONG IS SET

766
00:22:47,366 --> 00:22:57,466
RIGHT.

767
00:23:12,700 --> 00:23:17,066
>> THE DELEGATES OF

768
00:23:13,700 --> 00:23:19,166
PHILADELPHIA WERE ON THE ONE

769
00:23:15,200 --> 00:23:19,666
HAND, I THINK, STATESMEN.

770
00:23:17,066 --> 00:23:21,466
THEY UNDERSTOOD THE NEEDS OF

771
00:23:19,166 --> 00:23:22,500
THE NATION.

772
00:23:19,666 --> 00:23:23,700
BUT THEY ALSO HAD TO TAKE THE

773
00:23:21,466 --> 00:23:24,766
PACKAGE BACK TO THEIR

774
00:23:22,500 --> 00:23:27,366
RESPECTIVE STATES AND SELL IT.

775
00:23:23,700 --> 00:23:29,633
AND THE STATES WERE REQUIRED

776
00:23:24,766 --> 00:23:30,066
TO RATIFY THE CONSTITUTION IF

777
00:23:27,366 --> 00:23:31,133
IT WAS GOING TO GO IN INT

778
00:23:29,633 --> 00:23:32,166
INTO-REFFECT.

779
00:23:30,066 --> 00:23:33,166
THE PHILADELPHIA CONVENTION

780
00:23:31,133 --> 00:23:34,966
DIDN'T PROVIDE FOR A BILL OF

781
00:23:32,166 --> 00:23:37,433
RIGHTS.

782
00:23:33,166 --> 00:23:38,900
SO-CALLED ANTI-FEDERALISTS,

783
00:23:34,966 --> 00:23:40,466
THOSE WHO WERE OPPOSED TO THE

784
00:23:37,433 --> 00:23:41,400
NEW CONSTITUTION, THEY THOUGHT

785
00:23:38,900 --> 00:23:42,766
IT DANGEROUS AND TYRANNICAL,

786
00:23:40,466 --> 00:23:43,866
SEIZED ON THE ISSUE OF THE

787
00:23:41,400 --> 00:23:44,966
LACK OF A BILL OF RIGHTS.

788
00:23:42,766 --> 00:23:49,900
MADISON AND THE OTHER

789
00:23:43,866 --> 00:23:51,933
PROPONENTS OF RATIFICATION

790
00:23:44,966 --> 00:23:52,833
WERE OBLIGED TO AGREE, LET'S

791
00:23:49,900 --> 00:23:53,766
RATIFY THE CONSTITUTION AND WE

792
00:23:51,933 --> 00:23:57,066
WILL UNDERTAKE TO ADD A BILL

793
00:23:52,833 --> 00:23:58,800
OF RIGHTS.

794
00:23:53,766 --> 00:23:59,800
IT WAS A VERY CLOSE CALL.

795
00:23:57,066 --> 00:24:00,933
I MEAN, VIRGINIA AND NEW YORK

796
00:23:58,800 --> 00:24:02,633
NEARLY DEFEATED IT.

797
00:23:59,800 --> 00:24:03,566
IF VIRGINIA AND NEW YORK HAD

798
00:24:00,933 --> 00:24:05,266
NOT RATIFIED, THEY WOULD BE

799
00:24:02,633 --> 00:24:06,933
OBLIGED TO GO BACK TO THE

800
00:24:03,566 --> 00:24:07,833
DRAFTING BOARD AND IT'S NOT AT

801
00:24:05,266 --> 00:24:08,933
ALL CLEAR THAT A SECOND TIME

802
00:24:06,933 --> 00:24:11,600
AROUND THEY COULD HAVE

803
00:24:07,833 --> 00:24:13,566
ACTUALLY BROUGHT A

804
00:24:08,933 --> 00:24:14,933
CONSTITUTION INTO BEING.

805
00:24:11,600 --> 00:24:16,200
SO THE STATES DID RATIFY IT AT

806
00:24:13,566 --> 00:24:18,700
THE FIRST CONGRESS.

807
00:24:14,933 --> 00:24:19,166
MADISON, AS A MEMBER OF THAT

808
00:24:16,200 --> 00:24:20,433
CONGRESS, WAS AS GOOD AS HIS

809
00:24:18,700 --> 00:24:22,533
WORD.

810
00:24:19,166 --> 00:24:23,833
HE UNDERTOOK TO SEE THAT A

811
00:24:20,433 --> 00:24:27,300
BILL OF RIGHTS WAS PROPOSED.

812
00:24:22,533 --> 00:24:28,166
OF COURSE, THOSE WERE

813
00:24:23,833 --> 00:24:28,600
AMENDMENTS THAT HAD TO BE ALSO

814
00:24:27,300 --> 00:24:29,433
RATIFIED BY THE STATES, BUT

815
00:24:28,166 --> 00:24:31,566
THEY WERE.

816
00:24:28,600 --> 00:24:32,933
SO THAT'S HOW THE BILL OF

817
00:24:29,433 --> 00:24:34,233
RIGHTS CAME INTO BEING.

818
00:24:31,566 --> 00:24:41,100
AND WE SIMPLY TAKE THEM FOR

819
00:24:32,933 --> 00:24:41,966
GRANTED AS SURELY THEY MUST

820
00:24:34,233 --> 00:24:42,866
HAVE BEEN THERE FROM THE START.

821
00:24:41,100 --> 00:24:44,000
>> CONSTITUTION AND

822
00:24:41,966 --> 00:24:45,333
CONSTITUTIONAL LAW OUGHT TO BE

823
00:24:42,866 --> 00:24:48,333
GIVEN IN EVERY HIGH SCHOOL IN

824
00:24:44,000 --> 00:24:49,600
THE UNITED STATES, AND I MEAN

825
00:24:45,333 --> 00:24:51,666
THAT.

826
00:24:48,333 --> 00:24:52,733
I MADE THAT POINT DURING THE

827
00:24:49,600 --> 00:24:53,766
WATERGATE HEARINGS WHEN WE'D

828
00:24:51,666 --> 00:24:55,666
HAVE ALL THESE OFFICERS OF THE

829
00:24:52,733 --> 00:24:57,600
UNITED STATES GOVERNMENT,

830
00:24:53,766 --> 00:24:58,933
MILITARY AND SIF CIVILIANS,

831
00:24:55,666 --> 00:24:59,800
STAND UP THERE THAT HAD GONE

832
00:24:57,600 --> 00:25:00,133
AHEAD AND THROUGHOUTED THE

833
00:24:58,933 --> 00:25:01,966
CONSTITUTION IN EVERY WHICH

834
00:24:59,800 --> 00:25:03,066
WAY.

835
00:25:00,133 --> 00:25:05,600
AND I ASKED THEM, "DID YOU

836
00:25:01,966 --> 00:25:09,433
EVER READ THE CONSTITUTION?"

837
00:25:03,066 --> 00:25:10,800
OF COURSE THEY'RE "NO."

838
00:25:05,600 --> 00:25:12,000
WELL, HERE ARE MEN THAT RAISE,

839
00:25:09,433 --> 00:25:12,766
AND WOMEN RAISED THEIR RIGHT

840
00:25:10,800 --> 00:25:13,166
HAND SWEARING TO UPHOLD THE

841
00:25:12,000 --> 00:25:14,700
CONSTITUTION WHICH THEY'VE

842
00:25:12,766 --> 00:25:16,300
NEVER READ.

843
00:25:13,166 --> 00:25:17,566
SO THE ANSWER IS THAT'S AN

844
00:25:14,700 --> 00:25:20,133
ENORMOUSLY IMPORTANT PART OF

845
00:25:16,300 --> 00:25:21,166
ANYTHING THAT WE DO FOR THE

846
00:25:17,566 --> 00:25:22,166
FUTURE IS TEACH OUR YOUNG

847
00:25:20,133 --> 00:25:23,733
PEOPLE THE CONSTITUTION.

848
00:25:21,166 --> 00:25:27,300
MOST PEOPLE OUT THERE DON'T

849
00:25:22,166 --> 00:25:28,466
HAVE THE FOGGIEST IDEA OF WHAT

850
00:25:23,733 --> 00:25:29,500
IT'S ALL ABOUT.

851
00:25:27,300 --> 00:25:30,700
>> YOU CANNOT WRITE A LAW

852
00:25:28,466 --> 00:25:31,633
THAT'S GOING TO STOP ANY SORT

853
00:25:29,500 --> 00:25:33,566
OF ILLEGAL BEHAVIOR.

854
00:25:30,700 --> 00:25:36,000
YOU MIGHT MAKE IT MORE

855
00:25:31,633 --> 00:25:36,633
DIFFICULT, BUT IF PEOPLE WANT

856
00:25:33,566 --> 00:25:38,500
TO MISBEHAVE, THEY'RE GOING TO

857
00:25:36,000 --> 00:25:39,933
MISBEHAVE.

858
00:25:36,633 --> 00:25:40,866
IT IS UP TO THOSE WHO ARE

859
00:25:38,500 --> 00:25:41,833
RESPONSIBLE FOR OVERSIGHT, FOR

860
00:25:39,933 --> 00:25:43,000
ENFORCING THE LAW TO DO THAT.

861
00:25:40,866 --> 00:25:44,300
THAT WAS A GREATEST.

862
00:25:41,833 --> 00:25:45,433
HAD RICHARD NIXON SUCCEEDED

863
00:25:43,000 --> 00:25:46,966
AND THE COMMITTEE THAT SENATE

864
00:25:44,300 --> 00:25:47,933
AND HOUSE FAILED, WE WOULD

865
00:25:45,433 --> 00:25:49,466
HAVE BEEN A PRETTY SAD STATE

866
00:25:46,966 --> 00:25:50,700
OF AFFAIRS HERE IN THE UNITED

867
00:25:47,933 --> 00:25:52,400
STATES.

868
00:25:49,466 --> 00:25:54,100
WE MADE A CONSCIOUS DECISION

869
00:25:50,700 --> 00:25:55,366
IN OUR POLITICIAN WASN'T GOING

870
00:25:52,400 --> 00:25:57,366
TO SINK TO HIS LEVEL AND WE

871
00:25:54,100 --> 00:25:58,533
WEREN'T GOING TO ALLOW HIM TO

872
00:25:55,366 --> 00:25:59,133
TRAMPLE THE CONSTITUTION.

873
00:25:57,366 --> 00:26:00,533
THE WHOLE THING WAS ABOUT

874
00:25:58,533 --> 00:26:03,100
PRESIDENTIAL POWER.

875
00:25:59,133 --> 00:26:05,033
AND GOING AHEAD AND NOT

876
00:26:00,533 --> 00:26:06,000
ALLOWING HIM TO EXCEED HIS

877
00:26:03,100 --> 00:26:07,166
POWERS.

878
00:26:05,033 --> 00:26:09,233
ISSUE AFTER ISSUE THAT WAS

879
00:26:06,000 --> 00:26:10,066
RAISED, WHETHER IT WAS THE

880
00:26:07,166 --> 00:26:10,900
BREAK-INS OR THE SPYING OR THE

881
00:26:09,233 --> 00:26:12,766
LANGUAGE OF THE PRESIDENT

882
00:26:10,066 --> 00:26:14,233
HIMSELF AND THE ORDERS OF THE

883
00:26:10,900 --> 00:26:15,400
PRESIDENT, THE DISREGARD OF

884
00:26:12,766 --> 00:26:16,033
JUSTICE, I MEAN, JUST FLEW IN

885
00:26:14,233 --> 00:26:18,300
THE FACE OF THE ENTIRE

886
00:26:15,400 --> 00:26:19,500
CONSTITUTION OF THE UNITED

887
00:26:16,033 --> 00:26:21,266
STATES.

888
00:26:18,300 --> 00:26:21,633
AND IT WAS IN THAT BROAD SENSE,

889
00:26:19,500 --> 00:26:23,733
REALLY, THAT RICHARD NIXON WAS

890
00:26:21,266 --> 00:26:25,166
CONDEMNED.

891
00:26:21,633 --> 00:26:26,566
NEVER MIND NIP SPECIFIC ACT.

892
00:26:23,733 --> 00:26:27,700
-- ANY SPECIFIC ACT.

893
00:26:25,166 --> 00:26:29,533
AND THAT'S WHAT IT ENDED UP

894
00:26:26,566 --> 00:26:29,933
BEING WAS THE CONDEMNATION,

895
00:26:27,700 --> 00:26:31,133
BECAUSE OF COURSE HE ESCAPED

896
00:26:29,533 --> 00:26:32,833
IMPEACHMENT.

897
00:26:29,933 --> 00:26:33,600
>> I SHALL RESIGN THE

898
00:26:31,133 --> 00:26:34,866
PRESIDENCY EFFECTIVE AT NOON

899
00:26:32,833 --> 00:26:36,200
TOMORROW.

900
00:26:33,600 --> 00:26:42,333
VICE PRESIDENT FORD WILL BE

901
00:26:34,866 --> 00:26:43,333
SWORN IN AS PRESIDENT AT THAT

902
00:26:36,200 --> 00:26:44,200
HOUR IN HIS OFFICE.

903
00:26:42,333 --> 00:26:45,200
>> WHAT DID WE LEARN?

904
00:26:43,333 --> 00:26:46,566
I DON'T THINK WE LEARNED VERY

905
00:26:44,200 --> 00:26:48,366
MUCH AND WE WERE RIGHT BACK AT

906
00:26:45,200 --> 00:26:50,733
THE SAME OLD STAND.

907
00:26:46,566 --> 00:26:53,366
WHETHER IT'S MR. RAING AR AND

908
00:26:48,366 --> 00:26:54,066
IRAN CONTRA, OR WHETHER IT'S

909
00:26:50,733 --> 00:26:55,766
RECENT ACTIONS OF GEORGE W.

910
00:26:53,366 --> 00:26:56,133
BUSH.

911
00:26:54,066 --> 00:26:57,100
LOOK, IT REQUIRES CONSTANT

912
00:26:55,766 --> 00:26:58,700
VIGILANCE.

913
00:26:56,133 --> 00:27:00,233
THIS THING DOES NOT CARRY

914
00:26:57,100 --> 00:27:01,766
ITSELF.

915
00:26:58,700 --> 00:27:11,633
IT'S FOR US, AND IT'S FOR US

916
00:27:00,233 --> 00:27:13,033
TO GO AHEAD AND KEEP IT AS IT

917
00:27:01,766 --> 00:27:15,366
WAS INTENDED.

918
00:27:11,633 --> 00:27:16,266
>> ONE OF THE MOST IMPORTANT

919
00:27:13,033 --> 00:27:18,233
DUTIES YOU HAVE IS TO FIRST, I

920
00:27:15,366 --> 00:27:20,466
THINK, UNDERSTAND THE

921
00:27:16,266 --> 00:27:21,800
DOCUMENTS THAT GIVES YOU THE

922
00:27:18,233 --> 00:27:24,433
RIGHTS THAT YOU CLAIM YOU NEED,

923
00:27:20,466 --> 00:27:25,900
THAT YOU WANT, THAT YOU'RE

924
00:27:21,800 --> 00:27:29,700
ENTITLED TO.

925
00:27:24,433 --> 00:27:32,233
AND UNDERSTAND WHY THAT IS AND

926
00:27:25,900 --> 00:27:32,833
HOW THAT COMES ABOUT.

927
00:27:29,700 --> 00:27:34,733
>> IT'S A GREAT PROCESS I

928
00:27:32,233 --> 00:27:35,433
THINK.

929
00:27:32,833 --> 00:27:36,933
I'VE JUST, YOU KNOW, KIND OF

930
00:27:34,733 --> 00:27:38,700
OLD-FASHIONED THAT WAY.

931
00:27:35,433 --> 00:27:39,400
YOU KNOW, IT WORKS.

932
00:27:36,933 --> 00:27:40,933
WHY YOU WANT TO CHANGE IT?

933
00:27:38,700 --> 00:27:41,633
IT WORKS.

934
00:27:39,400 --> 00:27:42,600
YEAH, I'M SURE THERE ARE

935
00:27:40,933 --> 00:27:45,433
DECISIONS IN THERE THAT THE

936
00:27:41,633 --> 00:27:45,866
SUPREME COURT WILL INTERPRET,

937
00:27:42,600 --> 00:27:47,333
AND IN MY VIEW MISREAD IN THE

938
00:27:45,433 --> 00:27:50,000
CONSTITUTION.

939
00:27:45,866 --> 00:27:51,333
FOR EXAMPLE, WITH RESPECT TO

940
00:27:47,333 --> 00:27:52,700
ROE V. WADE.

941
00:27:50,000 --> 00:27:54,033
THIS WHOLE PRIVACY RIGHT DOES

942
00:27:51,333 --> 00:27:55,166
NOT EXIST IN MY VIEW IN THE

943
00:27:52,700 --> 00:27:56,966
CONSTITUTION.

944
00:27:54,033 --> 00:27:59,700
THAT'S THE UPSIDE OF IT IS

945
00:27:55,166 --> 00:28:04,333
THAT YOU GET TO GO BACK AND

946
00:27:56,966 --> 00:28:06,533
FORTH AND OVER TIME THOSE HOT

947
00:27:59,700 --> 00:28:08,166
ISSUES, YOU KNOW, ROE VERSES

948
00:28:04,333 --> 00:28:09,066
WADE FROM '73 WILL GET WORKED

949
00:28:06,533 --> 00:28:09,933
OUT SOME 35 YEARS LATER, AND

950
00:28:08,166 --> 00:28:12,033
PEOPLE'S ATTITUDES AND

951
00:28:09,066 --> 00:28:13,533
PERCEPTIONS HAVE CHANGED AND

952
00:28:09,933 --> 00:28:14,233
ARE CHANGING.

953
00:28:12,033 --> 00:28:15,433
THAT'S A LIVING DEBATE THAT WE

954
00:28:13,533 --> 00:28:16,233
CAN HAVE.

955
00:28:14,233 --> 00:28:26,366
I DON'T NEED TO CHANGE THE

956
00:28:15,433 --> 00:28:28,633
CONSTITUTION TO PROVE THE

957
00:28:16,233 --> 00:28:29,000
POINT ONE WAY OR THE OTHER.

958
00:28:26,366 --> 00:28:30,166
>> JEFFERSON WAS BY NATURE A

959
00:28:28,633 --> 00:28:32,700
REFORMER.

960
00:28:29,000 --> 00:28:34,033
AND HE WAS A THINKER.

961
00:28:30,166 --> 00:28:35,733
AND HE WAS ALWAYS ASKING HOW

962
00:28:32,700 --> 00:28:36,833
CAN WE DO THIS BETTER?

963
00:28:34,033 --> 00:28:38,066
SO JEFFERSON WAS CERTAINLY MY

964
00:28:35,733 --> 00:28:39,333
INSPIRATION AND I THINK HE

965
00:28:36,833 --> 00:28:43,466
WOULD BE THE INSPIRATION FOR

966
00:28:38,066 --> 00:28:44,266
MANY OTHERS IF THEY WERE TO

967
00:28:39,333 --> 00:28:44,600
TACKLE CONSTITUTIONAL REFORM.

968
00:28:43,466 --> 00:28:46,533
JEFFERSON HAD NO FEAR OF

969
00:28:44,266 --> 00:28:48,066
CHANGE.

970
00:28:44,600 --> 00:28:49,000
HE HAD NO FEAR OF THE FUTURE.

971
00:28:46,533 --> 00:28:50,200
HE WELCOMED IT IN MANY

972
00:28:48,066 --> 00:28:51,466
RESPECTS BECAUSE HE KNEW THAT

973
00:28:49,000 --> 00:28:55,300
SOCIETY WOULD BE BETTER IN A

974
00:28:50,200 --> 00:28:57,733
HUNDRED YEARS THAN THE ONE HE

975
00:28:51,466 --> 00:28:58,366
SAW IN HIS OWN TIME.

976
00:28:55,300 --> 00:29:00,600
>> IN 1796, I THINK IT WAS,

977
00:28:57,733 --> 00:29:02,733
JEFFERSON BECAME THE VICE

978
00:28:58,366 --> 00:29:05,400
PRESIDENT OF THE UNITED STATES

979
00:29:00,600 --> 00:29:07,600
HAVING SERVED AS SECRETARY OF

980
00:29:02,733 --> 00:29:10,700
STATE UNDER GEORGE

981
00:29:05,400 --> 00:29:12,000
WASHINGTON'S ADMINISTRATION.

982
00:29:07,600 --> 00:29:13,933
AND HIS PRINCIPAL FUNCTION, IF

983
00:29:10,700 --> 00:29:15,066
YOU LOOK AT ARTICLE 1, SECTION

984
00:29:12,000 --> 00:29:16,333
3, I BELIEVE, THE ONLY

985
00:29:13,933 --> 00:29:17,766
PRESCRIBED DUTY FOR THE VICE

986
00:29:15,066 --> 00:29:20,066
PRESIDENT OF THE UNITED STATES

987
00:29:16,333 --> 00:29:22,200
IS PRESIDING OVER THE UNITED

988
00:29:17,766 --> 00:29:23,900
STATES SENATE.

989
00:29:20,066 --> 00:29:25,600
AND IN THE COURSE OF TIME HE

990
00:29:22,200 --> 00:29:27,300
WROTE A PARLIAMENTARY MANUAL

991
00:29:23,900 --> 00:29:28,633
FOR THE RULES OF THE SENATE

992
00:29:25,600 --> 00:29:30,600
AND TO SOME EXTENT THE HOUSE.

993
00:29:27,300 --> 00:29:32,066
THOSE RULES STILL PERSIST

994
00:29:28,633 --> 00:29:34,233
TODAY.

995
00:29:30,600 --> 00:29:37,133
I THINK THE FOUNDING FATHERS,

996
00:29:32,066 --> 00:29:38,733
VERY WISELY, DEVISED THE

997
00:29:34,233 --> 00:29:43,433
SENATE, AND THAT EACH STATE BE

998
00:29:37,133 --> 00:29:45,300
EQUAL IN TERMS OF TWO FOR EACH

999
00:29:38,733 --> 00:29:47,433
STATE.

1000
00:29:43,433 --> 00:29:49,100
YOU KNOW, YOU'VE READ THE

1001
00:29:45,300 --> 00:29:50,300
STORY, I'M SURE OF, AND IT IS

1002
00:29:47,433 --> 00:29:51,200
A FACTUALLY TRUE STORY, OF

1003
00:29:49,100 --> 00:29:53,266
GEORGE WASHINGTON AND THOMAS

1004
00:29:50,300 --> 00:29:54,233
JEFFERSON.

1005
00:29:51,200 --> 00:29:55,800
WHEN HE RETURNED FROM FRANCE,

1006
00:29:53,266 --> 00:29:59,633
JEFFERSON, WHO WAS NOT PART OF

1007
00:29:54,233 --> 00:30:00,833
THE CONSTITUTIONAL CONVENTION,

1008
00:29:55,800 --> 00:30:01,966
QUEER YID WASHINGTON --

1009
00:29:59,633 --> 00:30:03,800
QUERIED WASHINGTON AS TO WHY

1010
00:30:00,833 --> 00:30:05,566
THE HEAD OF SENATE, WHAT WAS

1011
00:30:01,966 --> 00:30:06,200
THE PURPOSE OF THE SENATE?

1012
00:30:03,800 --> 00:30:06,566
AND WASHINGTON SAID, WELL,

1013
00:30:05,566 --> 00:30:07,533
YOU'VE JUST ANSWERED THE

1014
00:30:06,200 --> 00:30:08,966
QUESTION.

1015
00:30:06,566 --> 00:30:10,100
HE SAID WHAT DO YOU MEAN?

1016
00:30:07,533 --> 00:30:10,600
HE SAID, YOU TOOK YOUR HOT

1017
00:30:08,966 --> 00:30:12,066
COFFEE AND POURED IT IN THE

1018
00:30:10,100 --> 00:30:16,200
SAUCER.

1019
00:30:10,600 --> 00:30:21,233
THE SENATE IS A SAUCER TO COOL

1020
00:30:12,066 --> 00:30:22,733
DOWN THE RHETORIC AND THE

1021
00:30:16,200 --> 00:30:25,266
THINKING AND THE INTEMPERANCE

1022
00:30:21,233 --> 00:30:26,933
OF WHAT WE CALL THE OTHER BODY,

1023
00:30:22,733 --> 00:30:28,033
THE HOUSE OF REPRESENTATIVES.

1024
00:30:25,266 --> 00:30:29,433
>> PEOPLE ARE FASCINATED BY

1025
00:30:26,933 --> 00:30:31,300
THE OPERATION OF THE UNITED

1026
00:30:28,033 --> 00:30:32,566
STATES SENATE BECAUSE REALLY

1027
00:30:29,433 --> 00:30:35,400
IT'S AN ANTI-DEMOCRATIC

1028
00:30:31,300 --> 00:30:36,866
INSTITUTION.

1029
00:30:32,566 --> 00:30:38,900
SMALL D DEMOCRATIC.

1030
00:30:35,400 --> 00:30:40,566
EVERY STATE HAS TWO SENATORS.

1031
00:30:36,866 --> 00:30:44,066
AND EVEN IN THE FOUNDER'S TIME,

1032
00:30:38,900 --> 00:30:45,433
SOME STATES WERE MUCH MORE

1033
00:30:40,566 --> 00:30:47,633
HIGHLY POPULATED THAN OTHERS.

1034
00:30:44,066 --> 00:30:49,733
THE HIGHEST POPULATED STATE

1035
00:30:45,433 --> 00:30:52,566
WAS 13 TIMES THE SIZE OF THE

1036
00:30:47,633 --> 00:30:55,100
LEAST POPULATED STATE.

1037
00:30:49,733 --> 00:30:56,466
TODAY THE RATIO IS NOT 13-1,

1038
00:30:52,566 --> 00:30:58,933
IT'S 70-1.

1039
00:30:55,100 --> 00:31:00,200
CALIFORNIA HAS 70 TIMES THE

1040
00:30:56,466 --> 00:31:01,866
POPULATION OF WYOMING.

1041
00:30:58,933 --> 00:31:04,066
IF YOU PUT TOGETHER ALL THE

1042
00:31:00,200 --> 00:31:05,766
SMALL STATES AND YOU LOOK AT

1043
00:31:01,866 --> 00:31:09,533
THEIR POPULATIONS WITH TWO

1044
00:31:04,066 --> 00:31:10,733
SENATORS PER STATE, IT TAKES

1045
00:31:05,766 --> 00:31:11,833
EXACTLY 17% OF THE POPULATION

1046
00:31:09,533 --> 00:31:14,766
OF THE UNITED STATES TO ELECT

1047
00:31:10,733 --> 00:31:15,633
A MAJORITY OF THE UNITED

1048
00:31:11,833 --> 00:31:17,666
STATES SENATE.

1049
00:31:14,766 --> 00:31:18,933
IS THAT HEALTHY?

1050
00:31:15,633 --> 00:31:19,633
I MEAN, IT'S OKAY TO ASK.

1051
00:31:17,666 --> 00:31:21,600
THE FOUNDERS WOULD HAVE WANTED

1052
00:31:18,933 --> 00:31:25,933
US TO ASK.

1053
00:31:19,633 --> 00:31:26,333
THEY WERE CONCERNED ABOUT THE

1054
00:31:21,600 --> 00:31:28,266
TIERNEY -- TYRANNWHY Y OF THE

1055
00:31:25,933 --> 00:31:29,966
MAJORITY.

1056
00:31:26,333 --> 00:31:34,233
BUT IF THAT'S BAD, ISN'T THE

1057
00:31:28,266 --> 00:31:35,066
OPPOSITE EXTREME ALSO BAD?

1058
00:31:29,966 --> 00:31:37,033
WHICH IS THE TYRANNY OF THE

1059
00:31:34,233 --> 00:31:38,466
SMALL MINORITY?

1060
00:31:35,066 --> 00:31:39,766
IN MY VIEW 17% IS A SMALL

1061
00:31:37,033 --> 00:31:41,000
MINORITY.

1062
00:31:38,466 --> 00:31:42,566
>> A LOT OF WHAT THE FEDERAL

1063
00:31:39,766 --> 00:31:44,266
GOVERNMENT DOES IS ALLOCATE

1064
00:31:41,000 --> 00:31:45,333
TAX MONEY TO THE STATES.

1065
00:31:42,566 --> 00:31:48,833
IT WILL COME AS NO SURPRISE TO

1066
00:31:44,266 --> 00:31:50,533
PEOPLE THAT THE SMALL STATES

1067
00:31:45,333 --> 00:31:51,866
GET FAR MORE THAN THEY'RE DUE.

1068
00:31:48,833 --> 00:31:54,200
WHETHER IT'S TRANSPORTATION

1069
00:31:50,533 --> 00:31:54,933
MONEY OR EDUCATION MONEY OR

1070
00:31:51,866 --> 00:31:56,300
FARM SUBSIDIES, WHATEVER IT

1071
00:31:54,200 --> 00:31:56,833
MAY BE.

1072
00:31:54,933 --> 00:31:58,533
WHAT DOES THAT MEAN IN

1073
00:31:56,300 --> 00:32:00,266
PRACTICE?

1074
00:31:56,833 --> 00:32:02,500
IT MEANS THAT THE PEOPLE WHO

1075
00:31:58,533 --> 00:32:03,700
LIVE IN THE LARGE STATES ARE

1076
00:32:00,266 --> 00:32:04,600
SUBSIDIZING THE SMALL STATES.

1077
00:32:02,500 --> 00:32:05,500
NOW, MAYBE THAT'S A GOOD THING

1078
00:32:03,700 --> 00:32:06,066
OR MAYBE IT ISN'T.

1079
00:32:04,600 --> 00:32:08,033
BUT WE OUGHT TO THINK ABOUT

1080
00:32:05,500 --> 00:32:09,266
IT.

1081
00:32:06,066 --> 00:32:09,933
WE MAY NOT CHANGE THEM, AND

1082
00:32:08,033 --> 00:32:11,400
UNDER THE CURRENT

1083
00:32:09,266 --> 00:32:12,500
CONSTITUTIONAL PROVISION IT

1084
00:32:09,933 --> 00:32:16,100
MAY WELL TAKE A CONSENSUS OF

1085
00:32:11,400 --> 00:32:16,933
THE STATES TO CHANGE THE

1086
00:32:12,500 --> 00:32:18,266
SENATE, WHICH MEANS IT WILL

1087
00:32:16,100 --> 00:32:21,500
NEVER HAPPEN.

1088
00:32:16,933 --> 00:32:22,633
BECAUSE IT WOULD ONLY TAKE

1089
00:32:18,266 --> 00:32:23,800
WYOMING TO SAY, NO, WE'RE --

1090
00:32:21,500 --> 00:32:25,266
WE WANT TO HAVE TWO SENATORS

1091
00:32:22,633 --> 00:32:26,133
JUST LIKE CALIFORNIA.

1092
00:32:23,800 --> 00:32:27,433
THERE ARE WAYS TO DO IT IN A

1093
00:32:25,266 --> 00:32:29,166
CONSTITUTIONAL CONVENTION, BUT

1094
00:32:26,133 --> 00:32:30,966
IT WOULD BE A DIFFICULT

1095
00:32:27,433 --> 00:32:32,066
PROCESS TO PULL THAT OFF.

1096
00:32:29,166 --> 00:32:32,666
BUT MY POINT IS, WE OUGHT TO

1097
00:32:30,966 --> 00:32:33,933
BE THINKING ABOUT THESE

1098
00:32:32,066 --> 00:32:35,400
THINGS.

1099
00:32:32,666 --> 00:32:37,233
THE LEAST THAT COULD HAPPEN IS

1100
00:32:33,933 --> 00:32:39,166
THAT PEOPLE WOULD FINALLY

1101
00:32:35,400 --> 00:32:42,766
UNDERSTAND THE SENATE AND WHY

1102
00:32:37,233 --> 00:32:44,300
WHY IT DOES WHAT IT DOES.

1103
00:32:39,166 --> 00:32:45,266
AND WHY IT IS SO CONTRARIAN.

1104
00:32:42,766 --> 00:32:47,700
AND WHY IT CONSTANTLY

1105
00:32:44,300 --> 00:32:48,666
SOMETIMIES THE INTERESTS OF

1106
00:32:45,266 --> 00:32:52,833
LARGER STATES AND THE HEAVY

1107
00:32:47,700 --> 00:32:54,400
CONCENTRATIONS OF AMERICAN

1108
00:32:48,666 --> 00:32:56,700
POPULATION.

1109
00:32:52,833 --> 00:32:57,933
>> I BELIEVE THAT ONE OF THE

1110
00:32:54,400 --> 00:32:59,233
REAL WEAKNESSES OF OUR

1111
00:32:56,700 --> 00:33:01,566
POLITICAL SYSTEM IS THAT WE

1112
00:32:57,933 --> 00:33:04,066
CAN'T FIRE A PRESIDENT IN

1113
00:32:59,233 --> 00:33:06,433
MIDTERM IF WE NO LONGER HAVE

1114
00:33:01,566 --> 00:33:10,233
CONFIDENCE IN HIM OR HER.

1115
00:33:04,066 --> 00:33:11,366
WE CAN GET RID OF A CRIMINAL

1116
00:33:06,433 --> 00:33:12,700
PRESIDENT THROUGH IMPEACHMENT,

1117
00:33:10,233 --> 00:33:13,533
THOUGH WE'VE NOT IN FACT BEEN

1118
00:33:11,366 --> 00:33:14,600
ABLE TO DO THAT, EXCEPT

1119
00:33:12,700 --> 00:33:17,266
POSSIBLY IN THE CASE OF

1120
00:33:13,533 --> 00:33:18,566
RICHARD NIXON, WHO RESIGNED.

1121
00:33:14,600 --> 00:33:21,633
IF THE COMMANDER-IN-CHIEF IS

1122
00:33:17,266 --> 00:33:22,666
INCOMPETENT, LOSES CONFIDENCE

1123
00:33:18,566 --> 00:33:23,900
IN THE COUNTRY, WE FEEL

1124
00:33:21,633 --> 00:33:25,700
WE'LL -- WELL, WE'RE JUST

1125
00:33:22,666 --> 00:33:27,000
STUCK WITH THAT PERSON UNTIL

1126
00:33:23,900 --> 00:33:28,566
THE NEXT ELECTION COMES AROUND.

1127
00:33:25,700 --> 00:33:29,700
IN MOST POLITICAL SYSTEMS

1128
00:33:27,000 --> 00:33:30,966
AROUND THE WORLD, THERE'S A

1129
00:33:28,566 --> 00:33:34,766
PROCEDURE FOR VOTE OF NO

1130
00:33:29,700 --> 00:33:35,800
CONFIDENCE, WHICH I THINK WE

1131
00:33:30,966 --> 00:33:36,666
NEED.

1132
00:33:34,766 --> 00:33:37,700
>> I WOULD BE MUCH MORE

1133
00:33:35,800 --> 00:33:38,866
CONCERNED WITH CHANGING THE

1134
00:33:36,666 --> 00:33:41,433
WAY WE ELECT THE PRESIDENT

1135
00:33:37,700 --> 00:33:42,800
BECAUSE I THINK THAT'S

1136
00:33:38,866 --> 00:33:44,366
IMMEDIATELY DANGEROUS.

1137
00:33:41,433 --> 00:33:46,433
>> WHAT ARE YOU AFRAID OF?

1138
00:33:42,800 --> 00:33:47,800
COUNT ALL THE VOTES.

1139
00:33:44,366 --> 00:33:48,733
HEY, HO, AL GORE'S GOT SOUL.

1140
00:33:46,433 --> 00:33:49,666
>> VIRTUALLY ALL OF YOUR

1141
00:33:47,800 --> 00:33:51,300
AUDIENCE HAS LIVED THROUGH AN

1142
00:33:48,733 --> 00:33:52,333
EXAMPLE OF THE DANGER.

1143
00:33:49,666 --> 00:33:55,233
THIS IS IS A SYSTEMIC FLAW, IT

1144
00:33:51,300 --> 00:33:56,266
WASN'T JUST A HAPPENEN STANDS

1145
00:33:52,333 --> 00:33:57,700
THAT IN 2000 THE PRESIDENT OF

1146
00:33:55,233 --> 00:33:58,666
THE UNITED STATES TOOK OFFICE.

1147
00:33:56,266 --> 00:34:00,900
THERE WAS NO PRETENSE THAT WE

1148
00:33:57,700 --> 00:34:01,933
REALLY WANTED TO KNOW HOW THE

1149
00:33:58,666 --> 00:34:02,566
PEOPLE OF FLORIDA HAD VOTED.

1150
00:34:00,900 --> 00:34:04,500
COUNT'S OVER, WE'RE PUTTING

1151
00:34:01,933 --> 00:34:05,200
BUSH IN PLACE.

1152
00:34:02,566 --> 00:34:06,600
WELL, WHY WERE THEY EVEN ABLE

1153
00:34:04,500 --> 00:34:08,633
TO DO THAT?

1154
00:34:05,200 --> 00:34:10,633
BECAUSE THE ELECTORAL COLLEGE

1155
00:34:06,600 --> 00:34:12,233
SYSTEM.

1156
00:34:08,633 --> 00:34:13,633
BECAUSE WHO CARRIED FLORIDA

1157
00:34:10,633 --> 00:34:15,800
DETERMINED THE ELECTION.

1158
00:34:12,233 --> 00:34:19,500
IF WE HAD A PRESIDENT ELECTED

1159
00:34:13,633 --> 00:34:21,133
BY POPULAR VOTE, THIS SIMPLY

1160
00:34:15,800 --> 00:34:22,166
WOULDN'T HAPPEN.

1161
00:34:19,500 --> 00:34:23,533
AND WE WOULD NEVER HAVE A

1162
00:34:21,133 --> 00:34:24,466
PRESIDENT WHO TOOK OFFICE WITH

1163
00:34:22,166 --> 00:34:28,966
FEWER VOTES THAN ANOTHER

1164
00:34:23,533 --> 00:34:29,966
CANDIDATE.

1165
00:34:24,466 --> 00:34:31,500
THAT'S INDEFENSIBLE.

1166
00:34:28,966 --> 00:34:33,266
AND YOU KNOW THIS NEARLY

1167
00:34:29,966 --> 00:34:35,900
HAPPENED THE OTHER WAY IN 2004,

1168
00:34:31,500 --> 00:34:36,766
IF KERRY HAD CARRIED OHIO.

1169
00:34:33,266 --> 00:34:38,400
AND JUST AS WRONG.

1170
00:34:35,900 --> 00:34:39,600
THE PRESIDENT SHOULD BE

1171
00:34:36,766 --> 00:34:40,766
ELECTED BY THE PEOPLE, AND AT

1172
00:34:38,400 --> 00:34:42,600
A MINIMUM SHOULD BE THE

1173
00:34:39,600 --> 00:34:43,500
CANDIDATE WHO GETS MORE VOTES

1174
00:34:40,766 --> 00:34:44,566
THAN EVERYBODY ELSE.

1175
00:34:42,600 --> 00:34:46,533
BUT HE CERTAINLY SHOULDN'T BE

1176
00:34:43,500 --> 00:34:46,866
THE NUMBER TWO FINISHER.

1177
00:34:44,566 --> 00:34:54,100
YOU KNOW, THINK ABOUT IT FOR A

1178
00:34:46,533 --> 00:34:55,533
MINUTE.

1179
00:34:46,866 --> 00:34:55,533
HOW COULD THAT BE?

1180
00:34:54,100 --> 00:34:55,533
♪

1181
00:34:56,366 --> 00:34:59,766
>> UNITED STATES HAS THE MOST

1182
00:34:57,800 --> 00:35:00,366
DIFFICULT TO AMEND

1183
00:34:58,833 --> 00:35:01,300
CONSTITUTION IN THE ENTIRE

1184
00:34:59,766 --> 00:35:02,800
WORLD.

1185
00:35:00,366 --> 00:35:03,833
PEOPLE MIGHT REMEMBER THAT IT

1186
00:35:01,300 --> 00:35:07,300
TAKES TWO-THIRDS OF EACH HOUSE

1187
00:35:02,800 --> 00:35:08,366
OF CONGRESS AND THREE QUARTERS

1188
00:35:03,833 --> 00:35:09,533
OF THE STATES.

1189
00:35:07,300 --> 00:35:10,833
THIS MEANS THAT IN ORDER TO

1190
00:35:08,366 --> 00:35:14,100
WIN WHAT I CALL THE AMENDMENT

1191
00:35:09,533 --> 00:35:17,866
GAME, YOU HAVE TO GET 67 VOTES

1192
00:35:10,833 --> 00:35:20,700
IN THE SENATE, WHATEVER

1193
00:35:14,100 --> 00:35:24,466
TWO-THIRDS OF 435 IS IN THE

1194
00:35:17,866 --> 00:35:25,400
HOUSE PLUS A MINIMUM OF 75

1195
00:35:20,700 --> 00:35:28,200
STATE LEGISLATIVE HOUSES.

1196
00:35:24,466 --> 00:35:29,500
THAT'S IF YOU WANT TO STATE

1197
00:35:25,400 --> 00:35:30,933
THE CHANGE -- CHANGE THE

1198
00:35:28,200 --> 00:35:31,700
CONSTITUTION.

1199
00:35:29,500 --> 00:35:32,300
>> THERE HAVE BEEN 9,000

1200
00:35:30,933 --> 00:35:33,300
AMENDMENTS SUBMITTED TO

1201
00:35:31,700 --> 00:35:33,900
CONGRESS.

1202
00:35:32,300 --> 00:35:35,233
MOST OF THEM SHOULD HAVE BEEN

1203
00:35:33,300 --> 00:35:36,366
KILLED.

1204
00:35:33,900 --> 00:35:38,166
BUT SHOULD VIRTUALLY ALL OF

1205
00:35:35,233 --> 00:35:38,733
THEM HAVE BEEN KILLED WITHOUT

1206
00:35:36,366 --> 00:35:40,000
SUBMITTING TO THE STATES FOR

1207
00:35:38,166 --> 00:35:42,066
RATIFICATION?

1208
00:35:38,733 --> 00:35:43,933
THERE WERE A LOT OF GOOD IDEAS

1209
00:35:40,000 --> 00:35:44,866
IN THERE.

1210
00:35:42,066 --> 00:35:46,233
MAYBE THEY WERE A RELATIVE

1211
00:35:43,933 --> 00:35:47,666
HANDFUL COMPARED TO THE BAD

1212
00:35:44,866 --> 00:35:51,033
IDEAS, BUT CONGRESS HAS BEEN

1213
00:35:46,233 --> 00:35:54,300
VERY STINGY IN SUBMITTING

1214
00:35:47,666 --> 00:35:55,300
PROPOSALS AND AMENDMENTS TO

1215
00:35:51,033 --> 00:35:56,333
THE STATES FOR RATIFICATION.

1216
00:35:54,300 --> 00:35:59,033
>> I WENT BACK AND CHECKED

1217
00:35:55,300 --> 00:36:01,000
FROM THE TIME I ENTERED THE

1218
00:35:56,333 --> 00:36:02,933
SENATE IN 1968 UNTIL I LEFT IN

1219
00:35:59,033 --> 00:36:05,633
1996, AND I THINK THERE WERE

1220
00:36:01,000 --> 00:36:07,366
35 OR 40 ATTEMPTS TO AMEND THE

1221
00:36:02,933 --> 00:36:08,266
CONSTITUTION.

1222
00:36:05,633 --> 00:36:09,733
I SUPPORTED DC STATEHOOD,

1223
00:36:07,366 --> 00:36:11,400
WHICH DIDN'T MAKE IT.

1224
00:36:08,266 --> 00:36:13,866
IT WAS ONLY RATIFIED BY, I

1225
00:36:09,733 --> 00:36:15,266
THINK, 16 OF THE REQUIRED 38

1226
00:36:11,400 --> 00:36:16,533
STATES.

1227
00:36:13,866 --> 00:36:18,233
YOU CAN GO DOWN THE LIST,

1228
00:36:15,266 --> 00:36:19,633
BALANCED BUDGET AMENDMENT,

1229
00:36:16,533 --> 00:36:20,100
VOLUNTARY PRAYER IN SCHOOL.

1230
00:36:18,233 --> 00:36:21,766
LINE ITEM VETO.

1231
00:36:19,633 --> 00:36:22,266
ABORTION RIGHTS.

1232
00:36:20,100 --> 00:36:23,633
SOME OF THOSE THINGS I THINK

1233
00:36:21,766 --> 00:36:26,700
SHOULD HAPPEN.

1234
00:36:22,266 --> 00:36:28,300
OTHERS, I JUST AS SOON THEY

1235
00:36:23,633 --> 00:36:29,400
DIDN'T HAPPEN.

1236
00:36:26,700 --> 00:36:30,366
>> ONE OF THE FIRST PIECES OF

1237
00:36:28,300 --> 00:36:33,166
LEGISLATION I WORKED ON WAS

1238
00:36:29,400 --> 00:36:34,666
THE VOTING BILL.

1239
00:36:30,366 --> 00:36:36,066
THE AMENDMENT IN '78 FOR THE

1240
00:36:33,166 --> 00:36:38,333
DC RESIDENTS TO GET TO VOTE.

1241
00:36:34,666 --> 00:36:40,866
AND IT WENT THROUGH THE, YOU

1242
00:36:36,066 --> 00:36:45,533
KNOW, IT'S JUST FASCINATING TO

1243
00:36:38,333 --> 00:36:46,400
BE THAT CLOSE TO IT AND WATCH

1244
00:36:40,866 --> 00:36:47,766
THIS PROCESS UNFOLD.

1245
00:36:45,533 --> 00:36:49,300
THE NEGOTIATIONS AND THE

1246
00:36:46,400 --> 00:36:51,100
ARGUMENTS AND THE THREATS AND

1247
00:36:47,766 --> 00:36:54,500
ALL THAT JUST TO GET IT OUT OF

1248
00:36:49,300 --> 00:36:57,366
CONGRESS.

1249
00:36:51,100 --> 00:36:58,633
AND THEN YOU'RE SENDING IT TO

1250
00:36:54,500 --> 00:37:00,733
50 STATE SLOOURS, ALL OF WHOM --

1251
00:36:57,366 --> 00:37:01,433
LEGISLATURES, ALL OF WHOM HAVE

1252
00:36:58,633 --> 00:37:02,366
A VERY DIFFERENT PERSPECTIVE

1253
00:37:00,733 --> 00:37:04,066
AND UNDERSTANDING OF THE

1254
00:37:01,433 --> 00:37:05,466
DISTRICT OF COLUMBIA.

1255
00:37:02,366 --> 00:37:06,933
AND IT AIN'T HAPPENING.

1256
00:37:04,066 --> 00:37:09,400
THE STATES ARE LIKE, "I DON'T

1257
00:37:05,466 --> 00:37:09,833
THINK SO."

1258
00:37:06,933 --> 00:37:17,200
AND SO YOU DON'T GET YOUR

1259
00:37:09,400 --> 00:37:18,633
NUMBER.

1260
00:37:09,833 --> 00:37:19,833
BUT THAT'S THE PROCESS.

1261
00:37:17,200 --> 00:37:20,500
>> WE TRIED TO GET AN EQUAL

1262
00:37:18,633 --> 00:37:21,866
RIGHTS AMENDMENT PUT INTO THE

1263
00:37:19,833 --> 00:37:23,933
CONSTITUTION BECAUSE IF YOU

1264
00:37:20,500 --> 00:37:24,933
TAKE A CLOSE LOOK AT IT, YOU

1265
00:37:21,866 --> 00:37:25,966
KNOW WOMEN WERE ALMOST LEFT

1266
00:37:23,933 --> 00:37:26,366
OUT.

1267
00:37:24,933 --> 00:37:27,800
WE GOT THE 19th AMENDMENT TO

1268
00:37:25,966 --> 00:37:28,566
VOTE.

1269
00:37:26,366 --> 00:37:29,033
I WORKED ON THE EQUAL RIGHTS

1270
00:37:27,800 --> 00:37:31,300
AMENDMENT WHEN I WAS IN

1271
00:37:28,566 --> 00:37:34,766
CONGRESS.

1272
00:37:29,033 --> 00:37:35,966
IT HAD TAKEN FROM THE TIME --

1273
00:37:31,300 --> 00:37:38,733
FROM 1923 TO 1972, '73 FOR IT

1274
00:37:34,766 --> 00:37:39,700
TO COME TO THE CONGRESS FOR

1275
00:37:35,966 --> 00:37:41,100
DISCUSSION.

1276
00:37:38,733 --> 00:37:42,333
WE HAVEN'T EXCLUDED PEOPLE

1277
00:37:39,700 --> 00:37:44,066
BECAUSE OF RACE, WE HAD AN

1278
00:37:41,100 --> 00:37:45,066
AMENDMENT THAT STOPPED THAT.

1279
00:37:42,333 --> 00:37:46,400
BUT LET'S STOP EXCLUDING AND

1280
00:37:44,066 --> 00:37:49,466
DISCRIMINATING AGAINST WOMEN

1281
00:37:45,066 --> 00:37:50,433
BECAUSE OF GENDER AND LET'S

1282
00:37:46,400 --> 00:37:51,700
PUT IT IN THE CONSTITUTION.

1283
00:37:49,466 --> 00:37:56,300
>> HA IT PASSED IT WOULD HAVE

1284
00:37:50,433 --> 00:37:57,300
BEEN A GREAT STEP FORWARD FOR

1285
00:37:51,700 --> 00:37:58,833
HUMAN RIGHTS, AND I THINK FOR

1286
00:37:56,300 --> 00:37:59,166
RELATIONS BETWEEN MEN AND

1287
00:37:57,300 --> 00:38:00,066
WOMEN IN THIS COUNTRY, BUT IT

1288
00:37:58,833 --> 00:38:01,000
FAILED.

1289
00:37:59,166 --> 00:38:03,433
I GUESS THE PROCEDURE, AT

1290
00:38:00,066 --> 00:38:04,666
LEAST FROM MY KNOWLEDGE, SEEMS

1291
00:38:01,000 --> 00:38:07,733
TO BE OKAY.

1292
00:38:03,433 --> 00:38:09,800
EVERYBODY HAS A SAY, EVERYBODY

1293
00:38:04,666 --> 00:38:10,966
HAS A CHANCE TO SAY YES OR NO.

1294
00:38:07,733 --> 00:38:13,233
>> THE FOUNDERS WANTED TO SEE

1295
00:38:09,800 --> 00:38:14,500
SOME LIMITATIONS ON CONGRESS.

1296
00:38:10,966 --> 00:38:16,733
SO IN ARTICLE V THEY PROVIDED

1297
00:38:13,233 --> 00:38:18,000
US WITH A SECOND MEANS TO

1298
00:38:14,500 --> 00:38:18,866
AMENDMENT.

1299
00:38:16,733 --> 00:38:19,433
AND REALLY FOR MANY OF THE

1300
00:38:18,000 --> 00:38:20,633
FOUNDERS IT WAS THE PREFERRED

1301
00:38:18,866 --> 00:38:21,733
MEANS OF AMENDMENT.

1302
00:38:19,433 --> 00:38:26,166
IT WAS TO PROVIDE THE STATES

1303
00:38:20,633 --> 00:38:27,233
WITH DIRECT ACCESS TO CHANGING

1304
00:38:21,733 --> 00:38:30,066
THE CONSTITUTION.

1305
00:38:26,166 --> 00:38:31,066
34 STATES UNDER OUR CURRENT

1306
00:38:27,233 --> 00:38:33,300
SYSTEM OF 50 STATES CAN

1307
00:38:30,066 --> 00:38:34,733
REQUEST THAT THE CONGRESS CALL

1308
00:38:31,066 --> 00:38:38,033
A CONSTITUTIONAL CONVENTION.

1309
00:38:33,300 --> 00:38:38,433
CONGRESS HAS NO LEEWAY.

1310
00:38:34,733 --> 00:38:40,266
IT MUST CALL A CONSTITUTIONAL

1311
00:38:38,033 --> 00:38:42,000
CONVENTION.

1312
00:38:38,433 --> 00:38:42,766
AND IT REALLY HAS NO ROLE IN

1313
00:38:40,266 --> 00:38:44,066
THE CONSTITUTIONAL CONVENTION.

1314
00:38:42,000 --> 00:38:47,400
THAT'S UP TO THE STATEMENTS.

1315
00:38:42,766 --> 00:38:48,233
SO THE CONSTITUTIONAL

1316
00:38:44,066 --> 00:38:48,933
CONVENTION BECAUSE OF THE

1317
00:38:47,400 --> 00:38:49,300
PRE-EMINENT -- BECOMES THE

1318
00:38:48,233 --> 00:38:50,533
PRE-EMINENT AUTHORITY, NOT

1319
00:38:48,933 --> 00:38:53,500
CONGRESS.

1320
00:38:49,300 --> 00:38:55,533
YOU COULD NEVER GET AN END TO

1321
00:38:50,533 --> 00:38:57,033
THE JERRYMANDERING THE

1322
00:38:53,500 --> 00:38:57,400
DISTORTIONS OF DISTRICTS THAT

1323
00:38:55,533 --> 00:38:58,833
FAVOR THE INCUMBENTS THROUGH

1324
00:38:57,033 --> 00:38:59,966
CONGRESS.

1325
00:38:57,400 --> 00:39:02,366
OF COURSE THEY WOULD NEVER

1326
00:38:58,833 --> 00:39:05,700
AGREE TO THAT BECAUSE IT WOULD

1327
00:38:59,966 --> 00:39:07,166
THREATEN THEIR REELECTIONS.

1328
00:39:02,366 --> 00:39:09,466
THE ONLY WAY WE'LL EVER END

1329
00:39:05,700 --> 00:39:10,033
JERRYMANNEDDERING IS THROUGH A

1330
00:39:07,166 --> 00:39:10,900
CONSTITUTIONAL CONVENTION WHEN

1331
00:39:09,466 --> 00:39:12,433
INDIVIDUAL DELEGATES

1332
00:39:10,033 --> 00:39:13,766
REPRESENTING THE STATES CAN

1333
00:39:10,900 --> 00:39:15,233
TAKE OVER THE PROCESS AND

1334
00:39:12,433 --> 00:39:19,833
SUBMIT AMENDMENTS TO THE 50

1335
00:39:13,766 --> 00:39:21,700
STATES ASKING 38 OF THEM TO

1336
00:39:15,233 --> 00:39:23,300
RATIFY.

1337
00:39:19,833 --> 00:39:25,400
>> AND THE CENSUS OF 2000

1338
00:39:21,700 --> 00:39:28,033
IDENTIFIED 4.1 MILLION NATIVE

1339
00:39:23,300 --> 00:39:28,733
AMERICANS AND LAST CAN NATIVES.

1340
00:39:25,400 --> 00:39:30,333
-- ALASKAN NATIVES.

1341
00:39:28,033 --> 00:39:32,200
WHEN YOU LOOK IN THE

1342
00:39:28,733 --> 00:39:33,833
CONSTITUTION, DO YOU SEE 1.4%

1343
00:39:30,333 --> 00:39:35,966
OF OUR PEOPLE REPRESENTED?

1344
00:39:32,200 --> 00:39:36,900
THERE NEEDS TO BE SOME

1345
00:39:33,833 --> 00:39:41,200
MECHANISM THAT CAN ENSURE THE

1346
00:39:35,966 --> 00:39:43,666
REPRESENTATIVE GOVERNMENT IS

1347
00:39:36,900 --> 00:39:44,666
REPRESENTATIVE OF ALL THE

1348
00:39:41,200 --> 00:39:45,200
PEOPLE WITHIN THE GOVERNMENT.

1349
00:39:43,666 --> 00:39:46,666
OBJECTIVE REDISTRICTING WOULD

1350
00:39:44,666 --> 00:39:50,300
ACCOMPLISH THAT.

1351
00:39:45,200 --> 00:39:52,066
I THINK IT'S TIME FOR ANOTHER

1352
00:39:46,666 --> 00:39:53,166
CONVENTION.

1353
00:39:50,300 --> 00:39:58,133
YOU KNOW, THE BASICS STILL

1354
00:39:52,066 --> 00:39:59,233
REMAIN SOUND, BUT I THINK WE

1355
00:39:53,166 --> 00:40:00,166
NEED TO TAKE ANOTHER LOOK.

1356
00:39:58,133 --> 00:40:01,833
>> ONE OF THE THINGS I FEAR

1357
00:39:59,233 --> 00:40:03,100
ABOUT HAVING A CONSTITUTIONAL

1358
00:40:00,166 --> 00:40:04,133
CONVENTION IS A -- IN A TIME

1359
00:40:01,833 --> 00:40:08,366
OF CRISIS IS THAT THE

1360
00:40:03,100 --> 00:40:09,066
MOMENTARY CONCERNS,

1361
00:40:04,133 --> 00:40:10,433
UNDERSTANDABLE MOMENTARY

1362
00:40:08,366 --> 00:40:12,300
CONCERNS ABOUT NATIONAL

1363
00:40:09,066 --> 00:40:15,166
SECURITY WILL PRESSURE PEOPLE,

1364
00:40:10,433 --> 00:40:16,200
PERSUADE THEM TO MAKE MASSIVE

1365
00:40:12,300 --> 00:40:17,233
CHANGES IN THE BASIC STRUCTURE

1366
00:40:15,166 --> 00:40:19,533
THAT WOULD COMPROMISE

1367
00:40:16,200 --> 00:40:21,266
INDIVIDUAL RIGHTS AND EQUALITY

1368
00:40:17,233 --> 00:40:22,066
RIGHTS AND EXPAND THE POWER OF

1369
00:40:19,533 --> 00:40:27,166
THE EXECUTIVE FOR THE FUTURE,

1370
00:40:21,266 --> 00:40:30,966
NOT JUSTIFICATION FOR THIS

1371
00:40:22,066 --> 00:40:31,766
TEMPORARY, PASSING CRISIS.

1372
00:40:27,166 --> 00:40:32,866
>> I HAVE AN INNATE FEAR OF

1373
00:40:30,966 --> 00:40:34,200
CONSTITUTIONAL CONVENTIONS

1374
00:40:31,766 --> 00:40:35,433
BECAUSE I'VE ALWAYS THAT THAT

1375
00:40:32,866 --> 00:40:36,566
IF WE CALL A CONSTITUTIONAL

1376
00:40:34,200 --> 00:40:38,333
CONVENTION LET'S SAY TO

1377
00:40:35,433 --> 00:40:39,033
REWRITE THE SECOND AMENDMENT,

1378
00:40:36,566 --> 00:40:40,133
THAT THE REWRITERS WOULDN'T

1379
00:40:38,333 --> 00:40:41,666
STOP THERE.

1380
00:40:39,033 --> 00:40:43,033
AND THEY'D REWRITE SOMETHING

1381
00:40:40,133 --> 00:40:45,000
THAT I THINK IS ABSOLUTELY

1382
00:40:41,666 --> 00:40:46,366
PERFECT AND CHANGE IT TO

1383
00:40:43,033 --> 00:40:48,700
SOMETHING THAT WAS HARMFUL AND

1384
00:40:45,000 --> 00:40:51,200
BAD.

1385
00:40:46,366 --> 00:40:53,800
SO, FLAWED AS IT MAY BE, I'M

1386
00:40:48,700 --> 00:40:54,933
WILLING TO HAVE IT STAY AS IS

1387
00:40:51,200 --> 00:40:56,666
UNTIL I CAN HEAR A CONVINCING

1388
00:40:53,800 --> 00:40:58,766
ARGUMENT THAT WILL CHANGE ONLY

1389
00:40:54,933 --> 00:41:00,533
THIS BAD THING OR MAKE THIS

1390
00:40:56,666 --> 00:41:02,466
UNCLEAR THING MORE CLEAR THAN

1391
00:40:58,766 --> 00:41:03,933
IT IS NOW AND WE WON'T DO

1392
00:41:00,533 --> 00:41:05,300
ANYTHING ELSE IF I COULD HAVE

1393
00:41:02,466 --> 00:41:06,600
THAT ASSURANCE, I'D SAY GO

1394
00:41:03,933 --> 00:41:07,300
AHEAD.

1395
00:41:05,300 --> 00:41:10,000
>> PEOPLE FORGET THAT A

1396
00:41:06,600 --> 00:41:11,266
CONSTITUTIONAL CONVENTION IS

1397
00:41:07,300 --> 00:41:12,000
NOT THE FINAL WORD.

1398
00:41:10,000 --> 00:41:13,433
THE STATES ARE ALWAYS THE

1399
00:41:11,266 --> 00:41:14,866
FINAL WORD.

1400
00:41:12,000 --> 00:41:15,600
EVERY SINGLE WORD CHANGE OF

1401
00:41:13,433 --> 00:41:17,233
THE CONSTITUTION COMING OUT OF

1402
00:41:14,866 --> 00:41:18,933
A CONSTITUTIONAL CONVENTION

1403
00:41:15,600 --> 00:41:22,866
MUST BE SUBMITTED TO THE 50

1404
00:41:17,233 --> 00:41:26,000
STATES, AND 38 STATES MUST

1405
00:41:18,933 --> 00:41:27,366
APPROVE.

1406
00:41:22,866 --> 00:41:28,333
HOW MANY DEMOCRATIC BLUE

1407
00:41:26,000 --> 00:41:29,366
STATES ARE THERE?

1408
00:41:27,366 --> 00:41:31,366
THERE ARE 18.

1409
00:41:28,333 --> 00:41:32,700
HOW MANY REPUBLICAN AND RED

1410
00:41:29,366 --> 00:41:34,366
STATES ARE THERE?

1411
00:41:31,366 --> 00:41:35,166
THERE ARE 24.

1412
00:41:32,700 --> 00:41:37,966
THE OTHER STATES BEING

1413
00:41:34,366 --> 00:41:39,233
COMPETITIVE IN PURPLE.

1414
00:41:35,166 --> 00:41:40,533
WELL, IF THE DEMOCRATIC STATES

1415
00:41:37,966 --> 00:41:42,233
HANG TOGETHER AS THEY WOULD TO

1416
00:41:39,233 --> 00:41:44,066
DEFEAT ANY CONSERVATIVE CHANGE,

1417
00:41:40,533 --> 00:41:45,433
NOTHING WILL BE RATIFIED.

1418
00:41:42,233 --> 00:41:48,133
IF THE 24 REPUBLICAN STATES

1419
00:41:44,066 --> 00:41:51,233
STAY TOGETHER TO DEFEAT ANY

1420
00:41:45,433 --> 00:41:52,566
LIBERAL CHANGE, NOTHING FROM

1421
00:41:48,133 --> 00:41:55,733
THE LEFT WILL BE RATIFIED.

1422
00:41:51,233 --> 00:41:57,366
SO MUCH OF THE FEAR THAT

1423
00:41:52,566 --> 00:42:01,033
PEOPLE HAVE ABOUT A RUNAWAY

1424
00:41:55,733 --> 00:42:01,366
CONVENTION IS JUST INSANE.

1425
00:41:57,366 --> 00:42:02,600
IT'S ABSOLUTELY INSANE --

1426
00:42:01,033 --> 00:42:02,900
UNTRUE.

1427
00:42:01,366 --> 00:42:04,633
IT IS NOT JUSTIFIED BY THE

1428
00:42:02,600 --> 00:42:06,233
FACTS.

1429
00:42:02,900 --> 00:42:10,800
IT IS OUR FEAR OF THE FUTURE

1430
00:42:04,633 --> 00:42:12,266
AND IT HAS BECOME OUR FEAR OF

1431
00:42:06,233 --> 00:42:14,233
ONE ANOTHER.

1432
00:42:10,800 --> 00:42:15,900
>> I'D MUCH RATHER HAVE

1433
00:42:12,266 --> 00:42:16,833
SOMEONE LOOK ME IN THE EYE AND

1434
00:42:14,233 --> 00:42:18,766
SAY, YOU KNOW, I THINK WE HAVE

1435
00:42:15,900 --> 00:42:20,900
A TERRIFIC CONSTITUTION.

1436
00:42:16,833 --> 00:42:22,433
I THINK THE ELECTORAL COLLEGE

1437
00:42:18,766 --> 00:42:25,933
IS GREAT.

1438
00:42:20,900 --> 00:42:27,100
I LIKE THE SENATE AND THE

1439
00:42:22,433 --> 00:42:28,166
UNEQUAL REPRESENTATION.

1440
00:42:25,933 --> 00:42:30,800
SO EVERYTHING YOU THINK IS A

1441
00:42:27,100 --> 00:42:34,266
WEAKNESS, I THINK IS A

1442
00:42:28,166 --> 00:42:35,333
STRENGTH.

1443
00:42:30,800 --> 00:42:37,466
I'D OBVIOUSLY DISAGREE WITH

1444
00:42:34,266 --> 00:42:39,000
THAT PERSON, BUT I WOULD

1445
00:42:35,333 --> 00:42:40,366
RATHER HAVE SOMEBODY TELL ME

1446
00:42:37,466 --> 00:42:41,800
THAT THAN SAY, YOU KNOW, I

1447
00:42:39,000 --> 00:42:43,333
THINK YOU'RE PROBABLY RIGHT.

1448
00:42:40,366 --> 00:42:46,333
YOU REALLY HAVE IDENTIFIED A

1449
00:42:41,800 --> 00:42:48,100
LOT OF WEAKNESSES IN OUR

1450
00:42:43,333 --> 00:42:49,633
POLITICAL STRUCTURE.

1451
00:42:46,333 --> 00:42:50,900
BUT, YOU KNOW, I JUST DON'T

1452
00:42:48,100 --> 00:42:56,833
HAVE ENOUGH FAITH IN MY FELLOW

1453
00:42:49,633 --> 00:43:03,466
AMERICANS THAT THEY'RE CAPABLE

1454
00:42:50,900 --> 00:43:04,966
OF BEING AS TEMPERATE AND

1455
00:42:56,833 --> 00:43:06,566
RATIONAL AS YOU AND I ARE.

1456
00:43:03,466 --> 00:43:07,833
>> I THINK A CONSTITUTIONAL

1457
00:43:04,966 --> 00:43:09,033
CONVENTION IS INEVITABLE AT

1458
00:43:06,566 --> 00:43:09,633
SOME POINT.

1459
00:43:07,833 --> 00:43:10,900
WHEN THAT POINT WILL BE, NO

1460
00:43:09,033 --> 00:43:13,300
ONE CAN SAY.

1461
00:43:09,633 --> 00:43:16,600
IT MAY BE AFTER A CRISIS.

1462
00:43:10,900 --> 00:43:17,633
IT MAY BE A VERY UNSUCCESSFUL

1463
00:43:13,300 --> 00:43:19,333
FOREIGN WAR ON -- OR A

1464
00:43:16,600 --> 00:43:20,366
TERRIBLE DEPRESSION.

1465
00:43:17,633 --> 00:43:22,533
THERE MAY BE SOMETHING THAT

1466
00:43:19,333 --> 00:43:24,166
TRIGGERS A REEXAMINATION OF

1467
00:43:20,366 --> 00:43:25,400
AMERICAN SOCIETY.

1468
00:43:22,533 --> 00:43:28,866
BUT WE HOPE THE AMERICAN

1469
00:43:24,166 --> 00:43:29,500
REPUBLIC GOES ON FOREVER.

1470
00:43:25,400 --> 00:43:31,400
FOR CENTURIES AND SEND TUR --

1471
00:43:28,866 --> 00:43:33,266
CENTURIES.

1472
00:43:29,500 --> 00:43:34,300
AT SOME POINT THE SYSTEM,

1473
00:43:31,400 --> 00:43:35,300
FRANKLY, IS GOING TO

1474
00:43:33,266 --> 00:43:45,700
DETERIORATE ENOUGH SO THAT

1475
00:43:34,300 --> 00:43:45,700
INTELLIGENT CITIZENS WILL

1476
00:43:35,300 --> 00:43:45,700
DEMAND A NEW CONVENTION.

1477
00:43:50,233 --> 00:43:53,233
>> THE PRESIDENT OF THE UNITED

1478
00:43:51,200 --> 00:43:54,400
STATES BELIEVES THAT HE HAD

1479
00:43:52,033 --> 00:43:55,433
THE POWER TO GO INTO THE WAR

1480
00:43:53,233 --> 00:43:57,866
WITH IRAQ ON THE BASIS OF

1481
00:43:54,400 --> 00:43:59,066
BEING THE COMMANDER-IN-CHIEF

1482
00:43:55,433 --> 00:44:00,500
OF THE ARMED FORCES.

1483
00:43:57,866 --> 00:44:01,433
NOW, ANYBODY THAT STUDIED

1484
00:43:59,066 --> 00:44:02,866
AMERICAN HISTORY AND AMERICAN

1485
00:44:00,500 --> 00:44:05,266
CONSTITUTIONAL HISTORY KNOWS

1486
00:44:01,433 --> 00:44:06,433
THAT'S A RIDICULOUS CLAIM.

1487
00:44:02,866 --> 00:44:10,266
BUT DOES THE PUBLIC?

1488
00:44:05,266 --> 00:44:11,366
SO WHEN CONGRESS DOESN'T PUSH

1489
00:44:06,433 --> 00:44:12,533
BACK AND SAY, "NO, YOU DON'T.

1490
00:44:10,266 --> 00:44:13,633
YOU JUST CAN'T COMMIT TROOPS

1491
00:44:11,366 --> 00:44:16,300
TO THIS."

1492
00:44:12,533 --> 00:44:17,666
IS ANYBODY TELLING THE

1493
00:44:13,633 --> 00:44:19,933
CONGRESS, PUSH BACK?

1494
00:44:16,300 --> 00:44:21,200
THIS IS A DECISION ABOUT WAR.

1495
00:44:17,666 --> 00:44:23,266
MAYBE WE SHOULD GO TO WAR,

1496
00:44:19,933 --> 00:44:24,866
MAYBE THAT'S OKAY.

1497
00:44:21,200 --> 00:44:26,000
BUT WE SHOULD HAVE A DEBATE.

1498
00:44:23,266 --> 00:44:27,100
>> THIS IS THE MOST CRITICAL

1499
00:44:24,866 --> 00:44:28,500
DECISION A PRESIDENT OR A

1500
00:44:26,000 --> 00:44:29,366
COUNTRY CAN EVER MAKE,

1501
00:44:27,100 --> 00:44:32,933
COMMITTING OUR YOUNG PEOPLE TO

1502
00:44:28,500 --> 00:44:34,300
POTENTIAL INJURY AND TO

1503
00:44:29,366 --> 00:44:36,833
KILLING OTHERS AS WELL, YOU'D

1504
00:44:32,933 --> 00:44:38,366
HAVE TO HAVE A DECLARATION OF

1505
00:44:34,300 --> 00:44:40,500
WAR.

1506
00:44:36,833 --> 00:44:41,500
>> THE LAST DECLARATION OF WAR

1507
00:44:38,366 --> 00:44:44,066
WAS WORLD WAR II.

1508
00:44:40,500 --> 00:44:45,500
AND OUR TROOPS HAVE BEEN

1509
00:44:41,500 --> 00:44:46,800
ENGAGED MANY TIMES, DEPENDING

1510
00:44:44,066 --> 00:44:47,966
ON THE INTENSITY OF THE

1511
00:44:45,500 --> 00:44:52,133
CONFLICT.

1512
00:44:46,800 --> 00:44:53,666
AND THE CONGRESS HAS NEVER

1513
00:44:47,966 --> 00:44:58,833
SEEN FIT TO DECLARE WAR SINCE.

1514
00:44:52,133 --> 00:45:00,800
WHY IS A QUESTION I CAN'T

1515
00:44:53,666 --> 00:45:02,666
ANSWER.

1516
00:44:58,833 --> 00:45:04,066
>> I REMEMBER RONALD REAGAN

1517
00:45:00,800 --> 00:45:05,433
WAS TELLING ME ONE TIME

1518
00:45:02,666 --> 00:45:06,000
THERE'S THAT PHONE BY YOUR BED

1519
00:45:04,066 --> 00:45:07,333
AND IT RINGS AT 4:00 IN THE

1520
00:45:05,433 --> 00:45:08,433
MORNING.

1521
00:45:06,000 --> 00:45:11,033
AND THE VOICE IN A VERY CALM

1522
00:45:07,333 --> 00:45:12,066
WAY IS IN THE COMMAND CENTER

1523
00:45:08,433 --> 00:45:14,600
OF THE DEPARTMENT OF DEFENSE,

1524
00:45:11,033 --> 00:45:15,533
OR THE WHITE HOUSE OR THE

1525
00:45:12,066 --> 00:45:16,266
VARIOUS AREAS, AND SAYING, NOW,

1526
00:45:14,600 --> 00:45:17,233
MR. PRESIDENT, THIS IS THE

1527
00:45:15,533 --> 00:45:19,033
SITUATION.

1528
00:45:16,266 --> 00:45:20,633
THERE'S SO MANY AMERICANS

1529
00:45:17,233 --> 00:45:22,366
ABOUT TO BE TAKEN HOSTAGE, OUR

1530
00:45:19,033 --> 00:45:25,233
MILITARY IS POISED TO TAKE

1531
00:45:20,633 --> 00:45:27,600
ACTIONS TO DO THE RESCUE, BUT

1532
00:45:22,366 --> 00:45:28,533
I MUST TELL YOU, MR. PRESIDENT,

1533
00:45:25,233 --> 00:45:31,933
TO DO THIS RESCUE WILL HAVE TO

1534
00:45:27,600 --> 00:45:32,566
INVOLVE VIOLATION OF THE

1535
00:45:28,533 --> 00:45:33,333
SOVEREIGN RIGHTS OF NATIONS,

1536
00:45:31,933 --> 00:45:34,466
OVERFLIGHT OR WHATEVER THE

1537
00:45:32,566 --> 00:45:35,333
CASE MAY BE.

1538
00:45:33,333 --> 00:45:36,866
WHAT'S THE DECISION,

1539
00:45:34,466 --> 00:45:37,900
MR. PRESIDENT?

1540
00:45:35,333 --> 00:45:39,000
HE'S GOTTA MAKE THAT DECISION.

1541
00:45:36,866 --> 00:45:40,366
THERE IS NO TIME FOR THE

1542
00:45:37,900 --> 00:45:42,566
PRESIDENT TO SIT DOWN AND

1543
00:45:39,000 --> 00:45:47,333
ASSEMBLE A WHOLE GROUP OF

1544
00:45:40,366 --> 00:45:48,766
PEOPLE.

1545
00:45:42,566 --> 00:45:50,200
>> IT'S PRETTY CLEAR TO ME

1546
00:45:47,333 --> 00:45:52,466
THAT THE TWO TERMS OF GEORGE

1547
00:45:48,766 --> 00:45:53,700
BUSH HAVE BEEN AN ASSAULT ON

1548
00:45:50,200 --> 00:45:54,866
THE CONSTITUTION.

1549
00:45:52,466 --> 00:45:56,133
WE SEE IT IN THE TREATMENT OF

1550
00:45:53,700 --> 00:45:58,033
PRISONERS, WE SEE IT IN THE

1551
00:45:54,866 --> 00:46:03,366
RULES ABOUT WIRE TAPPING, WE

1552
00:45:56,133 --> 00:46:04,733
SEE IT IN A JUST NARROWING OF

1553
00:45:58,033 --> 00:46:06,600
THE FREEDOMS WE ALL ENJOY.

1554
00:46:03,366 --> 00:46:07,933
AND UNLESS WE CORRECT THESE OR

1555
00:46:04,733 --> 00:46:09,633
BEAT THEM BACK, WE'RE GOING TO

1556
00:46:06,600 --> 00:46:10,133
LIVE IN A DIFFERENT AMERICA

1557
00:46:07,933 --> 00:46:11,933
THAN WE THOUGHT WE WERE LIVING

1558
00:46:09,633 --> 00:46:13,900
IN.

1559
00:46:10,133 --> 00:46:15,233
AND IT'S SURPRISING TO ME HOW

1560
00:46:11,933 --> 00:46:15,933
FEW PEOPLE ARE ALARMED ABOUT

1561
00:46:13,900 --> 00:46:18,800
THIS, BECAUSE I DON'T CARE IF

1562
00:46:15,233 --> 00:46:20,833
YOU'RE A REPUBLICAN OR

1563
00:46:15,933 --> 00:46:21,766
DEMOCRAT, A CONSERVATIVE, A

1564
00:46:18,800 --> 00:46:23,066
LIBERAL, OR DON'T CARE AT ALL

1565
00:46:20,833 --> 00:46:24,300
ABOUT THESE THINGS, THIS

1566
00:46:21,766 --> 00:46:25,433
AFFECTS YOU.

1567
00:46:23,066 --> 00:46:26,800
AND YOU NEED TO BE ON THE

1568
00:46:24,300 --> 00:46:27,700
ALERT ABOUT IT, AND YOU NEED

1569
00:46:25,433 --> 00:46:28,233
TO SAY STOP.

1570
00:46:26,800 --> 00:46:29,400
I WANT A CONSTITUTION THAT

1571
00:46:27,700 --> 00:46:30,266
SPEAKS TO EVERYBODY.

1572
00:46:28,233 --> 00:46:30,633
I WANT A CONSTITUTION THAT

1573
00:46:29,400 --> 00:46:31,533
PROTECTS FREEDOM FOR

1574
00:46:30,266 --> 00:46:32,566
EVERYBODY.

1575
00:46:30,633 --> 00:46:35,533
I WANT A CONSTITUTION THAT

1576
00:46:31,533 --> 00:46:36,233
PROTECTS MY RIGHT TO ASK

1577
00:46:32,566 --> 00:46:38,200
QUESTIONS.

1578
00:46:35,533 --> 00:46:39,200
[ SIRENS ]

1579
00:46:36,233 --> 00:46:39,533
>> I THINK PEOPLE AREN'T

1580
00:46:38,200 --> 00:46:42,566
ALARMED FOR A VARIETY OF

1581
00:46:39,200 --> 00:46:43,600
REASONS.

1582
00:46:39,533 --> 00:46:44,100
FIRST, THE SPECTER OF

1583
00:46:42,566 --> 00:46:45,833
TERRORISM HAS TERRIFIED MANY

1584
00:46:43,600 --> 00:46:47,500
OF US.

1585
00:46:44,100 --> 00:46:50,233
I MEAN, THE 9-11 WAS SUCH A

1586
00:46:45,833 --> 00:46:51,500
DEVASTATING BLOW TO 0 NOT ONLY

1587
00:46:47,500 --> 00:46:52,666
OUR PERSONS, BUT TO OUR PSYCHE,

1588
00:46:50,233 --> 00:46:53,633
THAT WE COULD BE ATTACKED IN

1589
00:46:51,500 --> 00:46:55,500
THIS WAY.

1590
00:46:52,666 --> 00:46:57,033
>> AND IT MADE SOME OF US SAY,

1591
00:46:53,633 --> 00:46:57,933
WELL, I'LL DO ANYTHING TO MAKE

1592
00:46:55,500 --> 00:46:58,900
SURE THAT SOMETHING LIKE THAT

1593
00:46:57,033 --> 00:47:00,233
NEVER HAPPENS AGAIN.

1594
00:46:57,933 --> 00:47:02,033
AND IF ALLOWING THE GOVERNMENT

1595
00:46:58,900 --> 00:47:03,900
TO LISTEN IN ON MY TELEPHONE

1596
00:47:00,233 --> 00:47:05,833
CALLS IS A WAY TO STOP THAT

1597
00:47:02,033 --> 00:47:06,666
FROM HAPPENING, THEN THAT'S

1598
00:47:03,900 --> 00:47:07,766
OKAY.

1599
00:47:05,833 --> 00:47:09,033
BUT THAT'S NOT OKAY.

1600
00:47:06,666 --> 00:47:10,066
I DON'T WANT THE GOVERNMENT

1601
00:47:07,766 --> 00:47:13,333
LISTENING IN ON MY TELEPHONE

1602
00:47:09,033 --> 00:47:14,766
CALLS UNLESS THEY HAVE SOME

1603
00:47:10,066 --> 00:47:15,933
PROBABLE CAUSE TO DO SO.

1604
00:47:13,333 --> 00:47:16,333
UNLESS I'M ABOUT TO COMMIT

1605
00:47:14,766 --> 00:47:18,033
SOME CRIME AND THEY KNOW ABOUT

1606
00:47:15,933 --> 00:47:18,666
IT.

1607
00:47:16,333 --> 00:47:19,766
NO, DON'T LISTEN TO MY

1608
00:47:18,033 --> 00:47:21,066
TELEPHONE CALLS.

1609
00:47:18,666 --> 00:47:23,000
THESE ARE MY TELEPHONE CALLS.

1610
00:47:19,766 --> 00:47:23,600
THESE ARE MY WORDS I SPEAK.

1611
00:47:21,066 --> 00:47:28,166
AND YOU HAVE NO RIGHT TO LIMIT

1612
00:47:23,000 --> 00:47:30,200
ANY OF THAT.

1613
00:47:23,600 --> 00:47:31,633
EVER.

1614
00:47:28,166 --> 00:47:32,500
>> MR. PRESIDENT, YOU'RE

1615
00:47:30,200 --> 00:47:34,033
EITHER RIGHT OR YOU'RE WRONG.

1616
00:47:31,633 --> 00:47:35,200
WHERE'S THE PROBLEM HERE?

1617
00:47:32,500 --> 00:47:36,500
I DON'T GET IT, WHERE'S THE

1618
00:47:34,033 --> 00:47:38,100
PROBLEM?

1619
00:47:35,200 --> 00:47:38,600
ALL THESE PEOPLE ARE SO UPSET

1620
00:47:36,500 --> 00:47:41,166
BY HIS INTERPRETATION, THEN

1621
00:47:38,100 --> 00:47:43,366
SUE HIM.

1622
00:47:38,600 --> 00:47:43,833
THEN SAY, YOU KNOW WHAT, IT'S

1623
00:47:41,166 --> 00:47:44,933
A CAUSE OF ACTION THAT SAYS

1624
00:47:43,366 --> 00:47:49,233
YOU'RE WRONG.

1625
00:47:43,833 --> 00:47:50,066
AND I HAVE STANDING BECAUSE

1626
00:47:44,933 --> 00:47:51,166
I'M A U.S. CITIZEN AND RUN IT

1627
00:47:49,233 --> 00:47:53,300
THROUGH THE PROCESS.

1628
00:47:50,066 --> 00:47:54,400
YOU DON'T GET TO SKIP OVER THE

1629
00:47:51,166 --> 00:47:55,066
SUPREME COURT AND MAKE AN

1630
00:47:53,300 --> 00:47:56,000
INDEPENDENT ASSESSMENT OF THE

1631
00:47:54,400 --> 00:47:56,800
PRESIDENT'S JUDGMENT AND

1632
00:47:55,066 --> 00:47:58,900
INTERPRETATION OF THE

1633
00:47:56,000 --> 00:48:01,800
CONSTITUTION, LEGALLY.

1634
00:47:56,800 --> 00:48:02,900
YOU CAN DO IT VOCALLY, YOU CAN

1635
00:47:58,900 --> 00:48:04,166
PROTEST RS IT, YOU CAN DO ALL

1636
00:48:01,800 --> 00:48:05,233
OF THAT BECAUSE THE

1637
00:48:02,900 --> 00:48:06,200
CONSTITUTION LETS YOU DO THAT.

1638
00:48:04,166 --> 00:48:07,700
BUT TO CHANGE THE PROCESS, TO

1639
00:48:05,233 --> 00:48:10,366
CHANGE THE INTERPRETATION,

1640
00:48:06,200 --> 00:48:11,533
YOU'VE GOT TO BRING THAT CAUSE

1641
00:48:07,700 --> 00:48:12,500
BEFORE THE COURT.

1642
00:48:10,366 --> 00:48:13,666
AND THE COURT WILL WEIGH IT

1643
00:48:11,533 --> 00:48:14,833
AGAINST THE CONSTITUTION, AND

1644
00:48:12,500 --> 00:48:16,100
WILL EITHER SIDE WITH YOU OR

1645
00:48:13,666 --> 00:48:17,066
AGAINST YOU.

1646
00:48:14,833 --> 00:48:25,666
OR JUST KICK IT BACK AND SAY

1647
00:48:16,100 --> 00:48:26,733
YOU DON'T HAVE STANDING IN THE

1648
00:48:17,066 --> 00:48:28,000
FIRST PLACE.

1649
00:48:25,666 --> 00:48:29,233
>> THE NOTION OF THE BILL OF

1650
00:48:26,733 --> 00:48:30,800
RIGHTS IS THE GREAT PROTECTOR

1651
00:48:28,000 --> 00:48:31,900
OF THE AMERICAN INDIVIDUAL

1652
00:48:29,233 --> 00:48:34,033
RIGHTS IS A MODERN IDEA, NOT

1653
00:48:30,800 --> 00:48:36,000
PART OF OUR CONSTITUTIONAL

1654
00:48:31,900 --> 00:48:37,966
HISTORY.

1655
00:48:34,033 --> 00:48:40,766
JUST TO GIVE YOU THIS POINT,

1656
00:48:36,000 --> 00:48:41,300
BECAUSE I JUST LOVE IT, IN

1657
00:48:37,966 --> 00:48:42,966
1798 WE PASSED THE SEDITION

1658
00:48:40,766 --> 00:48:46,200
ACT.

1659
00:48:41,300 --> 00:48:47,866
THE SEDITION ACT, WHICH JOHN

1660
00:48:42,966 --> 00:48:49,766
ADAMS SIGNED AND HIS BUY OGG

1661
00:48:46,200 --> 00:48:50,766
RA FER, DAVID McCULLOUGH,

1662
00:48:47,866 --> 00:48:52,200
CALLED THE WORST ACT OF HIS

1663
00:48:49,766 --> 00:48:55,300
ENTIRE PRESIDENCY, MADE IT A

1664
00:48:50,766 --> 00:48:56,200
CRIME TO CRITICIZE THE

1665
00:48:52,200 --> 00:48:58,833
GOVERNMENT AND THE PRESIDENT.

1666
00:48:55,300 --> 00:48:59,933
A CRIME.

1667
00:48:56,200 --> 00:49:01,733
AND THEY PROSECUTED PEOPLE.

1668
00:48:58,833 --> 00:49:02,800
WHERE WAS THE COURT WITH THE

1669
00:48:59,933 --> 00:49:04,066
FIRST AMENDMENT?

1670
00:49:01,733 --> 00:49:05,466
THEY WERE SAYING, WELL, WE

1671
00:49:02,800 --> 00:49:07,233
DON'T HAVE ANY ROLE IN THAT.

1672
00:49:04,066 --> 00:49:08,166
TO SHOW YOU HOW POLITICAL THIS

1673
00:49:05,466 --> 00:49:09,200
WAS, IT WAS NOT A CRIME TO

1674
00:49:07,233 --> 00:49:10,300
CRITICIZE THE VICE PRESIDENT.

1675
00:49:08,166 --> 00:49:10,700
AND WHY NOT?

1676
00:49:09,200 --> 00:49:12,666
THOMAS JEFFERSON WAS THE VICE

1677
00:49:10,300 --> 00:49:14,466
PRESIDENT.

1678
00:49:10,700 --> 00:49:16,300
AND THEY WANTED TO CRITICIZE

1679
00:49:12,666 --> 00:49:16,900
HIM LIKE CRAZY.

1680
00:49:14,466 --> 00:49:18,633
THEY COULDN'T WAIT TO KEEP

1681
00:49:16,300 --> 00:49:20,800
CRITICIZING HIM.

1682
00:49:16,900 --> 00:49:21,566
SO YOU COULD CRITICIZE

1683
00:49:18,633 --> 00:49:22,666
JEFFERSON AND, YOU KNOW, AND

1684
00:49:20,800 --> 00:49:23,833
HIS REPUBLICAN DEMOCRATIC

1685
00:49:21,566 --> 00:49:25,100
PARTY, BUT YOU COULDN'T

1686
00:49:22,666 --> 00:49:26,766
CRITICIZE THE FEDERALIST PARTY

1687
00:49:23,833 --> 00:49:28,500
AND IT WAS A CRIME.

1688
00:49:25,100 --> 00:49:34,066
SO THE BILL OF RIGHTS IS A

1689
00:49:26,766 --> 00:49:34,933
LATECOMER IN ITS ENFORCEMENT.

1690
00:49:28,500 --> 00:49:36,866
IT'S THE 1950s.

1691
00:49:34,066 --> 00:49:38,133
>> SOMETIMES OVER THE COURSE

1692
00:49:34,933 --> 00:49:39,533
OF HISTORY IN A PARTICULAR

1693
00:49:36,866 --> 00:49:40,600
PERIOD IT'S TWO STEPS FORWARD

1694
00:49:38,133 --> 00:49:41,900
AND ONE STEP BACK.

1695
00:49:39,533 --> 00:49:43,400
SOMETIMES IT'S TWO STEPS

1696
00:49:40,600 --> 00:49:44,933
BACKWARDS AND ONE STEP FORWARD.

1697
00:49:41,900 --> 00:49:48,433
WE ARE RIGHT NOW IN ONE OF THE

1698
00:49:43,400 --> 00:49:50,100
RECURRING PERIODS WHEN WE ARE

1699
00:49:44,933 --> 00:49:50,866
IN A NATIONAL SECURITY CRISIS.

1700
00:49:48,433 --> 00:49:52,000
WHEN PEOPLE ARE UNDERSTANDABLY

1701
00:49:50,100 --> 00:49:56,766
CONCERNED ABOUT WHETHER THE

1702
00:49:50,866 --> 00:49:58,166
SAFETY OF THE NATION IS

1703
00:49:52,000 --> 00:49:59,033
JEOPARDIZED AND AT EVERY

1704
00:49:56,766 --> 00:49:59,333
SINGLE SUCH PERIOD WE SEE

1705
00:49:58,166 --> 00:50:00,833
GOVERNMENT REACTING THE SAME

1706
00:49:59,033 --> 00:50:01,933
WAY.

1707
00:49:59,333 --> 00:50:03,966
THE EXECUTIVE BRANCH

1708
00:50:00,833 --> 00:50:06,333
OVERREACTS, UNNECESSARILY

1709
00:50:01,933 --> 00:50:08,966
EXPANDS ITS OWN POWER, REDUCES

1710
00:50:03,966 --> 00:50:10,433
THE RIGHTS OF INDIVIDUALS,

1711
00:50:06,333 --> 00:50:12,400
INCLUDING FREEDOM OF SPEECH.

1712
00:50:08,966 --> 00:50:13,733
AND THEN THERE'S A CORRECTIVE

1713
00:50:10,433 --> 00:50:15,833
MECHANISM THAT SETS IN.

1714
00:50:12,400 --> 00:50:16,866
AND, BY THE WAY, THIS IS NOT A

1715
00:50:13,733 --> 00:50:18,433
FARTHER SAN ISSUE, -- A

1716
00:50:15,833 --> 00:50:18,933
PARTISAN ISSUE, IT IS REALLY

1717
00:50:16,866 --> 00:50:20,500
AN ISSUE AMONG THE BRANCHES OF

1718
00:50:18,433 --> 00:50:22,400
GOVERNMENT.

1719
00:50:18,933 --> 00:50:23,800
I MEAN, FRANKLIN DELANO

1720
00:50:20,500 --> 00:50:25,600
ROOSEVELT WAS A HUMAN RIGHTS

1721
00:50:22,400 --> 00:50:28,000
HERO IN MANY RESPECTS, AND YET

1722
00:50:23,800 --> 00:50:30,433
HE WAS RESPONSIBLE FOR THE

1723
00:50:25,600 --> 00:50:31,566
INTERTERNMENT OF -- INTERNMENT

1724
00:50:28,000 --> 00:50:32,866
OF 120,000 JAPANESE AMERICANS,

1725
00:50:30,433 --> 00:50:34,600
SO I THINK WE HAVE TO EXPECT

1726
00:50:31,566 --> 00:50:37,266
FROM HISTORY THAT NO MATTER

1727
00:50:32,866 --> 00:50:38,100
WHAT THE PRESIDENT'S VALUES

1728
00:50:34,600 --> 00:50:39,900
MIGHT BE IN ANOTHER CONTEXT,

1729
00:50:37,266 --> 00:50:41,733
WHEN THE SECURITY OF THE

1730
00:50:38,100 --> 00:50:43,533
NATION SEEMS TO BE IN DANGER,

1731
00:50:39,900 --> 00:50:45,066
WE CAN EXPECT THE EXECUTIVE

1732
00:50:41,733 --> 00:50:46,200
BRANCH TO EXTEND ITS POWER TO

1733
00:50:43,533 --> 00:50:47,133
THE MAXIMUM.

1734
00:50:45,066 --> 00:50:49,133
AND THAT MAKES IT MORE

1735
00:50:46,200 --> 00:50:51,933
IMPORTANT FOR THE CHECKS AND

1736
00:50:47,133 --> 00:50:53,866
BALANCES TO COME INTO PLAY.

1737
00:50:49,133 --> 00:50:55,933
FOR CONGRESS TO EXERCISE A

1738
00:50:51,933 --> 00:50:57,033
VIGOROUS OVERSIGHT ROLE, FOR

1739
00:50:53,866 --> 00:50:59,100
THE COURTS TO VIGOROUSLY

1740
00:50:55,933 --> 00:51:00,433
EXERCISE JUDICIAL REVIEW.

1741
00:50:57,033 --> 00:51:02,966
FOR PUBLIC GROUPS, SUCH AS THE

1742
00:50:59,100 --> 00:51:05,000
ACLU AND OTHERS TO ACT AS

1743
00:51:00,433 --> 00:51:06,800
WATCHDOGS.

1744
00:51:02,966 --> 00:51:07,800
FOR THE PRESS TO ACT AS A

1745
00:51:05,000 --> 00:51:09,233
WATCHDOG.

1746
00:51:06,800 --> 00:51:11,466
IF YOU LOOK AT THE COURSE OF

1747
00:51:07,800 --> 00:51:21,800
HISTORY, YOU HAVE EVERY BASIS

1748
00:51:09,233 --> 00:51:21,800
FOR OPTIMISM THAT A CORRECTION

1749
00:51:11,466 --> 00:51:21,800
WILL COME INTO PLAY.

1750
00:51:35,400 --> 00:51:40,466
OURS IS IS A SIMPLE,

1751
00:51:37,600 --> 00:51:42,800
FUNDAMENTAL DOCUMENT.

1752
00:51:38,166 --> 00:51:44,000
AND AS JOHN MARSHALL ONCE PUT

1753
00:51:40,466 --> 00:51:45,966
IT IN A CASE, THAT'S MEANT TO

1754
00:51:42,800 --> 00:51:47,800
SURVIVE THE CRISES OF

1755
00:51:44,000 --> 00:51:49,166
GENERATIONS, TO SURVIVE OVER

1756
00:51:45,966 --> 00:51:50,533
TIME.

1757
00:51:47,800 --> 00:51:51,800
NOW, TO DO THAT REQUIRES

1758
00:51:49,166 --> 00:51:53,233
INTERPRETATION.

1759
00:51:50,533 --> 00:51:54,100
MANY OF THE CONSTITUTION'S

1760
00:51:51,800 --> 00:51:56,366
MOST IMPORTANT PHRASES ARE

1761
00:51:53,233 --> 00:52:00,366
REALLY QUITE GENERAL.

1762
00:51:54,100 --> 00:52:01,666
DUE PROCESS OF LAW.

1763
00:51:56,366 --> 00:52:03,400
EQUAL PROTECTION OF THE LAW.

1764
00:52:00,366 --> 00:52:04,700
CRUEL AND UNUSUAL PUNISHMENT.

1765
00:52:01,666 --> 00:52:06,233
THESE ARE NOT SELF EXPLANATORY

1766
00:52:03,400 --> 00:52:07,433
WORDS.

1767
00:52:04,700 --> 00:52:08,333
THEY REQUIRE SOMEONE TO

1768
00:52:06,233 --> 00:52:09,866
INTERPRET THEM AND GIVE THEM

1769
00:52:07,433 --> 00:52:11,400
MEANING.

1770
00:52:08,333 --> 00:52:13,100
AND I THINK IN A VERY REAL

1771
00:52:09,866 --> 00:52:14,433
SENSE THE CONSTITUTION WAS

1772
00:52:11,400 --> 00:52:16,300
MEANT TO BE NOT A STATIC

1773
00:52:13,100 --> 00:52:17,200
DOCUMENT, NOT FOR ONE MOMENT

1774
00:52:14,433 --> 00:52:18,466
IN TIME, BUT MEANT TO BE AN

1775
00:52:16,300 --> 00:52:18,966
ORGANIC DOCUMENT.

1776
00:52:17,200 --> 00:52:20,300
RATHER LIKE THE ENGLISH COMMON

1777
00:52:18,466 --> 00:52:22,100
LAW.

1778
00:52:18,966 --> 00:52:23,100
I THINK THE FRAMERS WERE

1779
00:52:20,300 --> 00:52:27,100
INFLUENCED BY THE SENSE OF LAW

1780
00:52:22,100 --> 00:52:29,900
AS SOMETHING WHICH DEVELOPS

1781
00:52:23,100 --> 00:52:31,433
AND TAKES ON MEANING FROM ONE

1782
00:52:27,100 --> 00:52:32,666
GENERATION TO ANOTHER.

1783
00:52:29,900 --> 00:52:34,566
MADISON AND JEFFERSON IN THEIR

1784
00:52:31,433 --> 00:52:36,100
CORRESPONDENCE WERE VERY FOND

1785
00:52:32,666 --> 00:52:38,333
OF THE PHRASE, "THE EARTH

1786
00:52:34,566 --> 00:52:39,666
BELONGS ALWAYS TO THE LIVING

1787
00:52:36,100 --> 00:52:40,700
GENERATION."

1788
00:52:38,333 --> 00:52:42,833
AND IF ONE TAKES THAT

1789
00:52:39,666 --> 00:52:44,100
SERIOUSLY, AND CERTAINLYLY

1790
00:52:40,700 --> 00:52:46,333
THEY DID, THEN IT WOULD MEAN

1791
00:52:42,833 --> 00:52:47,833
THAT THE CONSTITUTION OUGHT

1792
00:52:44,100 --> 00:52:48,766
NOT TO BE SEEN TO BE THE ARK

1793
00:52:46,333 --> 00:52:50,900
OF THE COVENANT SOMEHOW TO BE

1794
00:52:47,833 --> 00:52:52,066
WORSHIPPED AND NEVER TO BE

1795
00:52:48,766 --> 00:52:52,500
CHANGED, BUT THAT AS IT

1796
00:52:50,900 --> 00:52:53,966
SHOULDN'T BE JUST EASILY

1797
00:52:52,066 --> 00:52:55,466
CHANGED.

1798
00:52:52,500 --> 00:52:56,566
IT IS FUNDSMENT AL LAW.

1799
00:52:53,966 --> 00:52:57,600
IT IS NOT -- FUNDAMENTAL LAW.

1800
00:52:55,466 --> 00:52:58,500
IT IS NOT AN ORDINARY STATUTE,

1801
00:52:56,566 --> 00:53:00,066
IT IS NOT IN THE CODE.

1802
00:52:57,600 --> 00:53:01,600
AND THEREFORE IT SHOULDN'T

1803
00:52:58,500 --> 00:53:03,933
JUST BE SUBJECT TO ALT IRAQUIS

1804
00:53:00,066 --> 00:53:06,500
BY LEGISLATIVE MA JORINGTS --

1805
00:53:01,600 --> 00:53:07,966
ALTERATION BY LEDGE SLAVE TIFF

1806
00:53:03,933 --> 00:53:18,200
MAJORITIES, BUT WHERE CHANGE

1807
00:53:06,500 --> 00:53:18,200
IS CLEARLY INDICATED, IT OUGHT

1808
00:53:07,966 --> 00:53:18,200
TO COME ABOUT.

1809
00:53:19,300 --> 00:53:22,633
>> WE THE PEOPLE, OF THE

1810
00:53:20,100 --> 00:53:24,066
UNITED STATES, IN ORDER TO

1811
00:53:21,366 --> 00:53:26,033
FORM A MORE PERFECT UNION,

1812
00:53:22,633 --> 00:53:27,566
ESTABLISH JUSTICE, ENSURE

1813
00:53:24,066 --> 00:53:28,700
DOMESTIC TRANQUILITY.

1814
00:53:26,033 --> 00:53:30,600
>> ONE OF THE MOST SIGNIFICANT

1815
00:53:27,566 --> 00:53:31,666
DECLINES IN THE NATION OVER

1816
00:53:28,700 --> 00:53:32,933
THE LAST THIRTY YEARS HAS BEEN

1817
00:53:30,600 --> 00:53:34,433
AMERICANS' UNDERSTANDING OF

1818
00:53:31,666 --> 00:53:38,566
THEIR CONSTITUTION.

1819
00:53:32,933 --> 00:53:41,400
IT'S REMARKABLE HOW LITTLE

1820
00:53:34,433 --> 00:53:43,433
ANYBODY KNOWS ABOUT IT.

1821
00:53:38,566 --> 00:53:45,233
BOTH RONALD REAGAN AND DEREK

1822
00:53:41,400 --> 00:53:46,933
BOK, THE PRESIDENT OF HARVARD,

1823
00:53:43,433 --> 00:53:47,533
WITHIN A FIVE-OR SIX-YEAR

1824
00:53:45,233 --> 00:53:50,733
PERIOD SAID THAT WE ARE LOSING

1825
00:53:46,933 --> 00:53:55,933
OUR RELATIONSHIP TO THE

1826
00:53:47,533 --> 00:53:58,466
CONSTITUTION.

1827
00:53:50,733 --> 00:54:00,133
>> THE CONSTITUTION GUARANTEES

1828
00:53:55,933 --> 00:54:01,266
FREEDOM.

1829
00:53:58,466 --> 00:54:02,400
AND SOME PEOPLE INTERPRET THAT

1830
00:54:00,133 --> 00:54:03,033
FREEDOM AS TO DO NOTHING.

1831
00:54:01,266 --> 00:54:04,600
AND PAY NO ATTENTION TO

1832
00:54:02,400 --> 00:54:06,433
ANYTHING.

1833
00:54:03,033 --> 00:54:07,633
SO, THAT'S ONE END OF THE

1834
00:54:04,600 --> 00:54:09,233
SPECTRUM.

1835
00:54:06,433 --> 00:54:19,066
BUT I HOPE THAT YOUNG PEOPLE

1836
00:54:07,633 --> 00:54:20,000
ARE GUIDED AND DRAWN TO THIS

1837
00:54:09,233 --> 00:54:20,866
MAGNIFICENT DOCUMENT.

1838
00:54:19,066 --> 00:54:22,366
>> UNDERSTANDING THE

1839
00:54:20,000 --> 00:54:23,533
CONSTITUTION AND UNDERSTANDING

1840
00:54:20,866 --> 00:54:24,700
THE CONCEPT OF RULE-OF-LAW IN

1841
00:54:22,366 --> 00:54:26,066
GENERAL IS CENTRAL TO

1842
00:54:23,533 --> 00:54:28,600
UNDERSTANDING WHO WE ARE AS A

1843
00:54:24,700 --> 00:54:29,700
NATION.

1844
00:54:26,066 --> 00:54:30,966
WE LOOK TO THE LAW TO SOLVE,

1845
00:54:28,600 --> 00:54:32,433
EVENTUALLY, OUR PROBLEMS.

1846
00:54:29,700 --> 00:54:34,100
IT DOESN'T MEAN OUR ISSUES.

1847
00:54:30,966 --> 00:54:35,400
IT DOESN'T MEAN THAT WE MAY

1848
00:54:32,433 --> 00:54:36,433
AGREE WITH THE SOLUTIONS, BUT

1849
00:54:34,100 --> 00:54:37,366
WE DO AGREE AS AMERICANS THAT

1850
00:54:35,400 --> 00:54:42,233
THE CONSTITUTION PROVIDES THE

1851
00:54:36,433 --> 00:54:47,033
FRAMEWORK FOR SOLVING THOSE

1852
00:54:37,366 --> 00:54:47,033
ISSUES.

1853
00:54:42,233 --> 00:54:47,033
♪

1854
00:54:47,700 --> 00:54:51,700
>> I THINK IT IS SO IMPORTANT

1855
00:54:48,600 --> 00:54:54,233
TO HAVE OUR NATION'S YOUNG

1856
00:54:50,000 --> 00:54:55,000
CITIZENS AND FUTURE VOTERS AND

1857
00:54:51,700 --> 00:54:56,133
CANDIDATES AND SUPREME COURT

1858
00:54:54,233 --> 00:54:58,733
JUSTICES LEARN ABOUT THE

1859
00:54:55,000 --> 00:55:01,866
CONSTITUTION VERY EARLY, AND I

1860
00:54:56,133 --> 00:55:03,433
LOVE THE IDEA OF PRESENTING IT

1861
00:54:58,733 --> 00:55:04,833
TO THEM AS A WORK IN PROGRESS,

1862
00:55:01,866 --> 00:55:06,033
WHICH IT IS.

1863
00:55:03,433 --> 00:55:06,733
EVEN IF IT IS NOT SUBJECT TO A

1864
00:55:04,833 --> 00:55:08,666
COMPLETE OVERHAUL THROUGH THE

1865
00:55:06,033 --> 00:55:11,666
CONSTITUTIONAL CONVENTION

1866
00:55:06,733 --> 00:55:12,600
PROCESS, IT'S ALWAYS SUBJECT

1867
00:55:08,666 --> 00:55:15,300
TO THE AMENDMENT PROCESS, IT'S

1868
00:55:11,666 --> 00:55:16,500
ALWAYS SUBJECT TO THE

1869
00:55:12,600 --> 00:55:19,966
INTERPRETATION PROCESS.

1870
00:55:15,300 --> 00:55:22,666
IT'S ALWAYS SUBJECT TO

1871
00:55:16,500 --> 00:55:23,200
IMPLEMENTATION AND ENFORCEMENT.

1872
00:55:19,966 --> 00:55:25,833
OR TO NON-IMPLEMENTATION AND

1873
00:55:22,666 --> 00:55:27,000
NON-ENFORCEMENT.

1874
00:55:23,200 --> 00:55:30,166
AND JAMES MADISON SAID AT THE

1875
00:55:25,833 --> 00:55:32,533
BEGINNING THAT IT'S ONLY WORTH

1876
00:55:27,000 --> 00:55:34,300
THE PAPER THAT IT'S WRITEN ON

1877
00:55:30,166 --> 00:55:35,000
UNLESS THERE ARE ACTUAL PEOPLE

1878
00:55:32,533 --> 00:55:36,266
WHO UNDERSTAND WHAT THEIR

1879
00:55:34,300 --> 00:55:37,833
CONSTITUTIONAL RIGHTS ARE AND

1880
00:55:35,000 --> 00:55:40,833
ARE WILLING TO STAND UP AND

1881
00:55:36,266 --> 00:55:42,300
DEMAND THAT GOVERNMENT

1882
00:55:37,833 --> 00:55:50,200
OFFICIALS RESPECT THEIR RIGHTS.

1883
00:55:40,833 --> 00:55:51,633
AND THE CONSTITUTION IS NOT

1884
00:55:42,300 --> 00:55:52,533
SELF-EXECUTING.

1885
00:55:50,200 --> 00:55:53,666
>> YOU KNOW, SENATOR ROBERT

1886
00:55:51,633 --> 00:55:55,400
BYRD FROM WEST VIRGINIA

1887
00:55:52,533 --> 00:55:56,733
CARRIES A COPY AROUND IN HIS

1888
00:55:53,666 --> 00:55:58,700
POCKET, AND I THINK THAT'S

1889
00:55:55,400 --> 00:55:59,800
GOOD ADVICE TO EVERYBODY.

1890
00:55:56,733 --> 00:56:01,166
CARRY A KOCHY AROUND IN YOUR

1891
00:55:58,700 --> 00:56:02,600
POCKET AND LOOK AT IT EVERY

1892
00:55:59,800 --> 00:56:12,333
NOW AND THEN AND SEE WHAT IT

1893
00:56:01,166 --> 00:56:21,233
SAYS AND REMIND YOURSELF OF

1894
00:56:02,600 --> 00:56:21,233
HOW PRECIOUS IT IS.

1895
00:56:12,333 --> 00:56:21,233
♪

1896
00:56:23,333 --> 00:56:25,633
"Captioning provided by 
Caption Associates, LLC 
 www.captionassociates.com"

1897
00:56:28,066 --> 00:56:37,800
♪███████████████████████████████

1898
00:56:37,833 --> 00:56:42,700
>>> MAJOR FUNDING FOR

1899
00:56:39,166 --> 00:56:44,800
QUESTIONING THE CONSTITUTION WAS

1900
00:56:40,866 --> 00:56:48,300
PROVIDED BY MR. PAUL AND

1901
00:56:42,700 --> 00:56:50,166
VICTORIA SAUNDERS AND BY

1902
00:56:44,800 --> 00:56:51,800
MR. J. THORNTON KIRBY.

1903
00:56:48,300 --> 00:56:53,066
QUESTIONING THE CONSTITUTION WAS

1904
00:56:50,166 --> 00:57:00,533
PRODUCED IN COLLABORATION WITH

1905
00:56:51,800 --> 00:57:00,533
THE UNIVERSITY OF VIRGINIA'S

1906
00:56:53,066 --> 00:57:00,533
CENTER FOR POLITICS.████████████