When we wrote the Constitution, the intention was to give the commander in chief the authority how to use the forces when you authorize him to be able to use the forces.
We misread the Fifth Amendment [of Constitution] and have been misreading it for the past three decades.
The Constitution says the President shall nominate, not maybe he could, maybe he can't, he shall nominate. Implicit in the Constitution is that the Senate will act on its constitutional responsibility and give its advice and consent. No one is required to vote for the nominee.
Just talk to me as a father ... not what the Constitution says. What do you feel?
For 70 years there's been a consensus among scholars and the American people on a reading to the Constitution that protects the right of privacy, the autonomy of individuals, while at the same time empowering the federal government to protect the less powerful.
Judge [Samuel Alito], there's a genuine struggle going on well beyond you, well beyond the Congress, in America about how to read the Constitution.
I believe at its core we have a Constitution, as our Supreme Court's first great justice, Marshall, said in 1819, and I quote, "intended to endure for the ages to come and consequently to be adapted to the various crises of human affairs."
I acknowledge these are very tough jobs a judge has in determining whether or not there is an openness that is required under the Constitution.
The Constitution provides for one democratic moment, Judge, before a lifetime of judicial independence, when the people of the United States are entitled to know as much as we can about the person that we're about to entrust with safeguarding our future and the future of our kids.
I remember George Mitchell - I was doing the Clarence Thomas hearing, and there were 48 senators declared they were not prepared to vote for him at the front end. We could have filibustered that and stopped it. George and I - George was the leader at the time - took the heat from every liberal group saying, "No, no, that's not the way the system is supposed to work, since the Constitution - the president shall propose and the Constitution shall dispose, we're going to let them hear this."
I believe all Americans are born with certain inalienable rights. As a child of God, I believe my rights are not derived from the constitution. My rights are not derived from any government. My rights are not denied by any majority. My rights are because I exist. They were given to me and each of my fellow citizens by our creator, and they represent the essence of human dignity.
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