throughout his life, but it would be nice to find even more and i don't know whether that would exist at this point in time. >> hemingway's trunk, are there unpublished manuscripts still in the vault, as it were? >> i did discover? the course of researching the magnum opus various drafts of what would have been the parallel volume. the volume where he discussed his domestic politics involvement from 1933 to the 1950s. i don't know -- i think he called that his crusade book. that's something that is yet to be published. >> hopefully you'll bring it to us. ... minutes.

>> good evening thank you for coming out to support your local independent.sign i am the key events director here and i hope you will pick up one of our calendars. we have some great readings lined up next week and as well as the night of staff recommendations later in the month. also you may have noticed we are filming tonight so if you could please make sure to turn off all cellphones and things like that are drum machines on yourlm personal. [laughter] you can follow all of our defense on our website where you can also look at the google edition.o th you can be sure to hear about our founding fathers

what they believed and whato they said and certain parts of the constitution buildout clique -- jobless be quoted time and again but tonight is not about that nonsense but the other nonsense. because to night we have the pleasure to welcome back jay wexler professor of law at bostonmo university. in his first book he explored the division for lack of a division of church and state with the strange and humorous road trip. in his new book "the odd clauses" he examines the foundation of the u.s. constitution through this strange and rarely cited provisionsr from the state's control of intoxicating liquor ads to the ability tos allow private citizens to fight pirates for personal gain. to seek out the antiquateda specific and the odd he shot -- dead new-line on the g constitution in all its,

glory so please join me to give a big welcome to professor jay wexler. [applause] >> thank you very much. thank you for coming out in the rain to this terrific bookstore book he begins here filming so please keep your hackling to a minimum of. [laughter] and i was on the booktv one time it was a event in new mexico that i thought went pretty well then a couple weekse later the event was on tv so itunes did and pretty nervous because although on calst of -- television a couple times not in a sustained way and about five minutes into aa realized every other

sentence i realize that i say uhhh like an idiot then i got an e-mail from somebody in hawaii that said i wanted very much to hear what you had to say however your habit of interjecting uhhh is so distracted even your humor and pleasant voice did not help. thanks a lot. [laughter] that was a nightmare. what i want to do today is to explain to my book is about "the odd clauses" in one to explain why i wrote the book and why i think it is important to know about o the odd clauses. i will read a short bit andt you have questions andand answers and we will sign books if you are interested it does make a terrific stocking stuffer provided the stocking is on the large

aside and nothing else is in the stocking because then it will not fit. the book is about the 10 clauses of therst constitution. the constitution of united states contains the most powerful and will no legal provisions in the history of the world. the first amendment gives the right to speak our minds without interference the equal protection clause to protect against race and gender and also the one thatm police cannot search our homes without a warrant.i i bet in the past 20 yearsa several hundred books have been written about these clauses for good reason butas this book is not one oft on them. this will shine a much deserved light on the lesser known causes the bench warmer and unsung heroes and

the crazy uncle. of the constitution were a zoo and one through 14th were alien and giraffe and a panda bear this is about the wombats and foxes and if you have never laid eyes on the back year fox you are in for a treat. there you go. i had to whittle it down from the 25 why i wanted to insert sir tint clauses that illustrate the keynis points about our government or thev democratic functions in very specific ways that i thought were interesting to read about and read about.i' i will tell yom u those pretty quickly.ed t the incompatibility clause that says if you're a memberm of congress you could also be the executive officer of

which mary -- farewell could exclude scott down fromi being in the end negative of god also weights and measures the congress has thels power to set the weights and measures so if you are mad we don't have the metric system blame congress. the recess appointments sayss the president can use recess of the senate to appoint somebody without senate confirmation and what counts as a recess? just tiebreaker any time they got for a cigarette? the original jurisdiction clause et win one state suessume another state go straight to the supreme court which would hold a trial and it has done that a few times but when mr. reit wanted to sue illinois because they change thel direction of the chicago river sending that tuberculosis down to st. louis they had to gofo before the supreme court.

the natural born citizen cause the very few prerequisites for office buildout this is the proverbial turned in the punchball the says you cannot be president unlessabo you are a natural born citizen and it is a really stupid clause. you may not know about the 21st amendment that ended prohibition. section two makes an unconstitutional to bring wicker across state line in violation of state law only wonder to places where something is made where an individual can break the constitution the rest is about the government.co there are two things you can do. either engage in slavery oryou bring a beer across the state line in violation of the rhode island law. letters of marque, it authorizes congressp

authorizing private ships to fight pirates itti also the government cannot make you a duke and the official ship cannot accept said to ship and also the army cannot quarter their soldiers without consent a practice that led directly to the tea party, the real tea party. not our tea party. i got the idea for this book about 10 years ago working at the office of legal counsel which is a smallleg office in the justice ju department which isonal constitutional advice to theut executive branch and the office which made the newse win long long after i left it wrote the torture cause.

even though in moscow and learned about the constitution you only study that certain parts of it. t but it hadhe a deal with thesees odd clauses that nobody knows anything about. one day my friend was wondering whether clinton could except a bobble from an african village or whether that violated theng titles and mobility clause.th i said the titles of nobility klaus? that is interesting.e never heard of that. i don't know what happens but i decided that very daybut i would write a book aboutb the odd clauses that they waited until after i got a tenure to do. [laughter] but let me talk a little bit

why i think it is important for people to read aboutant them.s. the regionally i wasi motivatedv by a then madcap tranthree aspect like this state sues another state isn't that wacky? abut my publishing house which is a fabulous, wonderful people said we are not publishing a tribute book so think about why it is important to steadypo these odd clause is.se i thought a lot about the issue and they gave workshops in moscow and professors came up with theories and said they suggest blah, blah, blah but

it i came up with some talk about why we should studyt "the odd clauses" and also what is important so here is one. you could have a much better understanding of what they're up to. you get a lot of insight as what their purpose was and what they were afraid of and my a colleague made me realize this amy while ago if you read the constitution you get a sense how paranoid the framers were about concentrations of power.n of how worried they were that people would be corrupt and all the checks and balances they put into the constitution to stop that. there is article one section six saying members ofgres

congress cannot be arrestedm to and from congress. what a weird thing to put in a constitution this is the fundamental law of ther ch government and you talk about how the president cannot arrest a member ofe congress going to and fromer work? how paranoid months they have been to think they had to specifically prohibit back? id to get us sense of that. second, a lot of clauses to very important work even if the average lawyer has not heard of them or the media never talks abouths them or they never make it to court. when is the last time the army asked the reporters and soldiers? but another case more important two morer complicated and there is the ineligibility clause and i brought a proper:it was the

visual media. here is the ineligibility clause. i wish i had a mere. this by a the weir at -- by the way is the mascot. that this the mascot. is says if you are a member of congress and the executive position is creed of your in congress or the salary is increase in you cannot take the position.pp and ordered to stop a member if you would be appointed so

you vote to raise his salary by $100,000 if the that was a bad idea so they put the ineligibility cause but now it has come up several times over history and there is a move the government had used to get around this and the idea is if the person who is a congress takes a the executive office that congress passes a billab reducing the salary by thei original amount then there is no violation.vi they actually did not get anan increase so there's a problem. 1987. lewis powell retires from the supreme court and the question ronald reagan had to face who'd asea point*?

orrin hatch is in the senate. the supreme court salary went up. that was a violation of the eligibility clause. other people discover this could be used the saxby 62 put him in any way? they ask the office of legal counsel and they said no. this clause means any time the salary is wait -- raise to cannot be put in that office. no way. what happened? reagan appoint did bork 80 west is not appointed then tha withdrew then anthony kennedy wass appointed and of course, he makes the law for

the whole country by himselfn including in 1992 when he was the vote that upheld roe vs. wade.sinc so you can see how theu s interpretation changes history in the wade i don't think anybody knowsi about except for the person who discovered it that i took it from and no you. a similar issue with hillary clinton who violates the ineligibility cause with the secretary of state. the next reason you may want to learn about "the odd clauses" because they are not political hot potatoes. if they were you would know about because there is no long line of cases that go with them their easier tou understand about issues of u how to interpret thebout constitution than if you were thinking of the first or 14th amendment that is

more complicated.am this is an example.i i think if you look at this and i don't know how will this is working, but there is a very strong argument the text of this provision means the reagan justice department was right and you cannot take a position of the salary was raised will you were in office even if congress reduces the original salary back to what it was but this is no senator or representative shall be appointed to any office of the salary had been raised. on the other hand, theff purpose of the provision is to prevent self dealing and the saxby six solve the problem so if you believe we should have a purpose of the interpretation you may think it is okay for somebody to say such the executive position of the salary is

rolled back.it we can think of the provisions if we think textual or purpose if yount want to be strict orr pragmatic and it is a lot easier to do the little clauses versus the first 14 amendments. finally come sometimes they do make front-page news or if not, page seven. we are done with this one. i run the blog which i made a connection with this book to keep tabs on the cod clause activity in the few months i have been running the blog a lot of questions

have come up in the news hav about the weird clauses. not assume the ones i have written about but obama's signed the extension to the patriot act and he was in france the law had to be signed he was not around so he directed somebody to sign it with the auto penn does that count as signing under article one? some people bought no. there are reasons that may be right. the debt ceiling debate there was a question that was debated secretary of treasury bill clinton raise aueai that obama if congress did not raise the debt limit himself see a president could unilaterally raise it given the authority oforit section four of the 14th amendment that says the public debt of united statese shall not be questioned?

[laughter] advice to the constitutiond writers that usually is not a good tool for drafting.ok i did look into that some and i think there is no waymo obama's could use the provision to raise the debt limit unilaterally but it was out there as the possibility. recently there was in the blogosphere in the occupy wall street has a constitutional base of the guarantee cause of article for that says that with the republican form of government. you see them come up araof lot in the news if you aret looking for them and as the causes of the book the bill ofth attainder about legislative punishment came up blank congress thoughtth about defending planned parenthood would that be legislative punishment to

take away their money areod t not? there is a natural born citizen clause which ofn course, has given rise to the argument that president obama was not a natural bornob citizen. i don't want to talk about that.n because it is out there. a more interesting question whether john mccain is a natural born citizen and that is a hard question because he was born in the pan a malt -- but it -- panama canal zone even though america been periods i think the arguments for it to better but ban against a red not crystal clear.n so also the letters of marque so i will close with two pages from the book then i will take questions. the letters of marque. shall have power to grantco letters ofng marque article i six shin a.a

americans should door pirates.k we dress up like pirates on halloween and fee to imagine a read treats to the parents on the shoulders and spent every september 19 international talk like a pirate day and change our facebook language settings to private. but pirates actually stock. the back to the 17th and 18th century when they would plunder and is it ships with cannons and they continue today is the use a high-tech gps equipment and automatic weapons to recast ittis along the heart of africa andman elsewhere.r april 2009 and a huge nine armed america and cargo shipc carrying food was on its ways to kenya when four somali pirates attacked it and sees the captain to demand millions of dollars of

ransom. naval officers in the ocean at the same time negotiated four days but to no avail.an when the lifeboat ran out of fuel they accepted the offer to tow them behind the ship then it steppers had been flown where they parachuted into the sea and brought aboard the bainbridge. the tension was high although they would fight -- fire the captain and then obama's it gave the go-ahead. the navy put on nine phase-in glasses into the sn pirates stuck the head outnt w of their rear hatch and the third was visible the three seals fired rescue workers boarded finding all pirates dead. the captain was unharmed this seals had fired only threear bullets to end thered

crisis in the wake of theo affair there was celebrating the navy seals with this was accompanied about what to do about the somali pirates.a the naval operation had cost tens of millions of dollars.ve couldn't there be it good cheaper way to fight the pirates? among the recommendation came the libertine eight -- libertarian congressman from texas. ron paul suggested they have private vessels to fight that way the government to use the market rather than its firepower to solve the problem progress onepi supporter observed if we have 100 american in one to be rambo's roaming the season isr probably a goodra way to getmb the job done.ay o is the solution constitutional can the government contract out the key naval functions? representative hof also

saying the give mcadoo's the power under article i to grant letters of marque for private vessels to authorize the private ships to fightth pirates on the government's behalf. this seems like the integratedpi solution. of the united states has not issued a letter of mark it almost 200 years. that is it. that is all i have for crime happy to take questions if people have them. the floor is open for questions now. remember this is on national television so this is your choice and also realitnyur shows monitor closely booktv to get future contestants. [laughter]

>> a couple months ago i am wondering do think it is unconstitutional to be intuti the national guard and served in the senate?time secondly, do you have thoughts why is only a constitutional to be in the executive and legislative branch at the same time? john marshall was secretary of state and chief justice at the same time. >> i think first of all, thank you for that blog post. what is it? okay. a [laughter] apparently you asked himt face to face are you in violation of the into probability cause cause -- incompatibility clause? >> he blu me off. >> i have not the y

independent research on the national guard question.ep i am feeling it probably is by have not done the work that i feel confident to say that on my own behalf but in the blog bypass the dae to tj is in ireland and knows everything of every clause and i said what do you think? he said it is probably unconstitutional under different theories that have been floated about. my guess that it is and think about the reason why we don't want things like that. i don't know anything was scottat brown is thinking of the reason why we don'twh those people at the same time they're in congress because the person in the military does not go to warm personally so that could alter their votes.ght

or maybe they want to go to war because that makes them a hero so they push for thee war. that is a conflict ofy interest that the framers were worried about. the judicial branch is notam powerful in the 18that i century and i don't know the answer why there is no incompatibility between congress and the judicial branch but the specific thing was the practice of the came offering members of parliament key executive offices. that is the corruption that they sought and knew about. i don't think they were thinking that people wanted those tklinch positions in theos judicial branch the people rejected them. that could be the answer. any other questions?

>> we will all be the book andu know that the 10 clauses that you selected. could you give us a sampling of dead 10 f-15 that you did not select? [laughter] >> okay. which did i reject?hy there's one called the property clause which i think is very interesting that says congress can have the power to regulate the property of the and it states and it is why the government can regulate natural -- natural parks and forests and i worked on that issue quite tnd a bit if the president a is set up a national monument in the middle of the ocean.s ab that is something i thought about budget i figured that

was pretty odd pretty quickly.ts o there are lots nav weird and interesting issues like and the president pardon himself? that is the odd issue so i rejected that. thought about the tax factohat clause that prohibits retroactive punishment you cannot punish somebody for something that was not do the glut the time and somebody said i cannot imagine a list of odd clauses that would have the took thatwas so i o out. those of the three that came to mind. what we to go over this for a couple of hours later. [laughter] >> one thing that surprised me while i was going through your bookug is that quite

often these do seem to comeofte up in relative to the pressing issues.e president bush did make the appointment while congress was out of session and claimed one of the clause is. so do think these types of clauses should be expunged or to they serve an important role? do think it is important for him to be able to do so? >> a great question. it is hard to answer in general. most that i talk about are very important. and most of them play a veryoo important role quietly. like the original jurisdiction clause is great because one state wants to use to another where it are that?oing to dot that will not go over well.

so go to the supreme court makes complete sense.ct there is a natural born citizens cause that i do think should be expunged byze it to that it is unique. the recess appointment clause is interestingbu because that originally made a lot of sense back in the day you could not sit back over to the capital mccain somebody died it could take a long time for somebody to get the senate back to gather to do a confirmation. it was very important for the president to appoint somebody during the recess. p but now i am not so sure how important it is in recess appointments are made not because we can't get thee senate home with this is themade only way to a pointed out confirmation and that is the problem with both parties.

medicine other things that you could look up the issue to think how should this be interpreted? when everything there rule should be for the democrats it is the same for the republicans so there is noect political gain either way. you have to decide and how do we interpret irrespective of politics? >> >> thank you for having a sense ofab humor and sometimes it gets lost their dynamic talked about in very driveways but in fact, theyde bury their endure everything we do every day so i like the way you bring it to life i hope someday you write a children's book and take thes bo animals to bring it to live. >> i thought about writing a

children's book about dinosaurs and food and 50 racksi and talk pats oftter butter of sorus. [laughter] that is my son's idea. he could not be hereof tonight. >> more seriously how do bring the constitution to life for people are talking about it in context? it seems like a cherry pick because of that we should do this. is seems like the conversations starts off on the wrong foot to maybe on the wrong floor or zone or maybe not in the plan a. that is is not like we're good at going back to original intent. >> that is controversial three want it according to

the rich in both you and what does that mean? that is a hard issue.d people went to justifyer i whatever policy position they have for whatever theypoli believe so if you start with the policy conclusion then argue the constitution supports that is not a good way to go about constitutional interpretation but it is much better to understand the constitution before you think of a specific political problems which is hard and dry this makes sense because it is hard to se nk about the equal protection clause and affirmative-action without thinking of policy preferences and abortion it is hard to abstract these. issues away. talk about the constitution

to foster a conversation asan it stands with the divisive issues so that is my attempt at the answer the. >> i know your book is on "the odd clauses" that is not the same thing as a stupid clauses but if you have this chapter on the stupidest clauses what would that the? >> referring to a book published a few yeark s ago talk about the stupidest clauses but if i had to choose, some people think the natural born citizens clause is stupid if it is the stupidest, i don't know.

to say the apportionment of two senators to every stateess whether this size is kind of stupid although i understand. people in rhode island should feel powerful.re they havase a lot of say in the senate and in beauty pageants. that is stupid if you look at it these days. those are two candidates. the reason why i wrote the book other than the fact the stupak clauses book was already written but i am looking at those that are stupid and not stupid.io >> guy read in some article there is a possibility to make the $1 trillion?

so paper money is limited in a coin is not.o do you know, anything about that? >> i know not a single saying. >> i thoughth that was a yale law professor. [laughter] he said it would never have been the read about it. >> that would be cool. [laughter] >> one of the more sensible remarks i have heard from washington d.c. all but cabinet positions have the chief of staff has direct is not in his staff. >> some people who were very important to members of the executive v branch your closeloe advisers.rs t the white house counsel counsel, head of the environmental quality a lot of people in the omb in people with close in the ada

is the president when we've not talked about the cabinet but it should be those he feels very comfortable.e pe so without having thought about it before, i think that is a fair arrangement. and it is worth knowing about. of the people who are very, very important as close political advisers. >> chief of staff rituals for the d most part. >> unimagined if it is the president and somebody he does not like. >> losing track of theorn

details. >> could you elaborate why is a ridiculous klaus? >> i don't saying one necessarily has to be in natural born psittacine tore be the superb excellent president of all respects. the fact 70 is born, a schwarzenegger item of that is a good example any more. [laughter] but that was a classic example why should he not be able to be president of united states? maybe there is some reason. [laughter] but one of them is not that he was born in austria.t the original constitution says, i cannot remember but there's thect exception to those to and itic being

president steve presidents were not natural bornweve citizens i think the first was martin van buren. does that mean they were not loyal to the united states because they were born abroad? i don't see the endthin necessary connection and the loyalty or do the two the country. the fear is there would be of foreign prince from france like napoleon's nephew so the foreign prince come i don't think we have to worry about that. maybe the elections and it also sends a message if als you're not a natural born citizen born overseas even if you live yourers whole life even with u.s. military

you're still not good enough sti to be our president.na that would be offensive to me. thank you very much. under the wire. [laughter] i have a question about your next book. what about odd peace since of legislation in? maybe the field is too broad wouldn't that make up a great book there's some very crazy things. >> is this the co authorship offer? [laughter] if you read the book i ask himio over here.if >> this is the ideas to make you look sydney like i was crazy and walked away.w not this book it was state0 versus state i think itt would be a great book.