quorum call:

mr. reid: are we now having a quorum called? the presiding officer: we are. mr. reid: i ask consent that be terminated. the presiding officer: without objection. the chair lays before the senate the resignation of jim demint of south carolina which shall be printed in the record. mr. reid: mr. president i now ask unanimous consent the senate proceed to executive session and the "help" committee be discharged from further consideration of presidential nomination 1404 and that the senate proceed to vote without intervening action or debate on the nomination, the motion to reconsider be considered made and laid on the table with no intervening action or debate and that no further statements be in order to the nomination, that any statements related to this

matter be printed in the record and the president be immediately notified of the senate's action. the presiding officer: without objection. mr. reid: i ask unanimous consent the foreign relations committee be discharged from further consideration of presidential nominations 1928 and 1951. that the nominations be confirmed, the motion to reconsider be considered made and laid on the table with no intervening action or debate, that no further motions be in order to the nominations that any related statements be printed in the record and the president be immediately notified of the senate's action and the senate then resume legislative session. the presiding officer: is there objection? without objection. mr. reid: i ask unanimous consent we proceed now to h.r. 4606. the presiding officer: the clerk will report. the clerk: h.r. 4606, an act to authorize the issuance of right right-of-way permits for national gas pipelines in glacier national park, and for other purposes. mr. reid: mr. president? mr. president, on the matter regarding erica groshen to be commissioner of labor statistics i failed to call for a vote on that, and i would ask

that we go back to that matter. that is presidential nomination 1404 and the chair ask for those in favor of the nomination. the presiding officer: without objection. the question is on the nomination. all in favor say aye. mr. reid: aye. the presiding officer: all opposed say no. the ayes appear to have it. the ayes do have it. the nomination is confirmed. mr. reid: let me ask the chair if we approve nominations 1928 and 1951? mr. reid: -- the presiding officer: yes we did. mr. reid: mr. president i now ask that we proceed to h.r. 4606. the presiding officer: the clerk will report. the clerk has reported. is there objection to proceeding to the measure? if not the senate proceeds to the measure. mr. reid: i ask unanimous consent the bill be read three times, passed, the motion to reconsider be considered made and laid on the table there being no intervening action or debate any statements relating to this matter be placed in the record at the appropriate place as if given. the presiding officer: without objection. mr. reid: i now ask unanimous consent that the "help"

committee be discharged from further consideration of h.r. 6655 and that -- the presiding officer: the clerk will report. the clerk: h.r. 6655, an act to establish a commission to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect. the presiding officer: without objection, the committee is discharged and the senate proceeds to the measure. mr. reid: mr. president, i know of no further debate on this matter. the presiding officer: is there further debate? if not all in favor say aye. mr. reid: aye. the presiding officer: all opposed say no. the ayes appear to have it. the ayes do have it. mr. reid: i ask unanimous consent the motion to reconsider be considered made and laid on the table. the presiding officer: without objection. mr. reid: i now ask unanimous consent the senate proceed to s. 3716. the presiding officer: the clerk will report. the clerk: s. 3716, a bill to amend the internal revenue code of 1986 to include vaccines against seasonal influenza within the definition of taxable vaccines. the presiding officer: is there

objection to proceeding to the measure? without objection the senate proceeds to the measure. mr. reid: mr. president i ask the bill be read three times passed the motion to reconsider be considered made and laid on the table there being no intervening action or debate, and any statements relating to this matter be printed in the record at the appropriate place as if read. the presiding officer: without objection. mr. reid: i ask unanimous consent we now proceed to s. res. 630. the presiding officer: the clerk will report. the clerk: senate resolution 630, congratulating the navy and the current and former officers and crew of the u.s.s. enterprise on completion of the 26th and final deployment of the vessel. the presiding officer: without objection, the senate proceeds to the measure. mr. reid: i ask unanimous consent the resolution be agreed to the preamble be agreed to, the motion to reconsider be considered made and laid on the table, there being no intervening action or debate, that any related statements be printed in the record as if read. the presiding officer: without objection. mr. reid: mr. president, i ask unanimous consent that when the senate completes its business today and when it convenes tomorrow january 3 at 12:00 noon pursuant to the

constitution, following the prayer and pledge, following the presentation of certificates of election and swearing in of elected members and the required live quorum, the morning hour be deemed expired the journal of proceedings be approved to date and the time for the two leaders be reserved for their use later in the day. the presiding officer: without objection. mr. reid: that being the case, mr. president, there be a live quorum at noon tomorrow which will be followed by the swearing in of our new and recently re-elected senators. if there is no further business to come before the senate, i ask that it adjourn.

[applause] speaking at the heritage foundation's precourt justice

anthony kennedy said it's the duty of every american not just public servants to preserve protect and defend the constitution. his remarks were part of the heritage foundation lecture series preserve the constitution. this is an hour. >> thank you ladies and gentlemen. it's great to be able to join john and welcoming you here to this joseph story lecture. this is the fifth annual occasion in which we have had this lecture, and i'm sure you all know the heritage foundation's vision is to build an america where freedom opportunity, prosperity and civil society flourished. to help achieve this vision, the center for legal and judicial studies launched the preserve the constitution series which is an annual lecture series to inform and educate citizens on topics related to the constitution and the rule law. the preserve the constitution nseries promotes the protection of individual liberty property rights, free enterprise, the

constitution limits on government coming and we have been able to feature some of the nation's most respected judges legal scholars, lawyers and policy analysts. the marquee event is tonight's program could joseph story distinguished lecture. the namesake of tonight's letcher, joseph story became the biggest associate justice to ever serve on the united states supreme court when he was appointed by president madison in 1812. he made a significant mark on american law in his 33 years on the bench, but his greatest contribution to the jurisprudence is his renowned commentary on the constitution. eminently quoted joseph story famously incorrectly declared, quote, a constitution of government is addressed to the common sense of the people and never was designed for trials of logical skills or visionary

speculation and of quote. this lecture series celebrates the legacy into law. prior to the joseph story lectures have been and judge robert bork, professor john harrison at the university school of law, judge raymond randolph of the united states court of appeals for the d.c. circuit, and last year chief justice of the united states court of appeals for the sixth circuit. tonight we are honored to have a fifth name to the prestigious list as we welcome justice anthony kennedy who will deliver this evening's joseph story distinguished lecture on the topic, the constitution and its promise. justice kennedy received his bachelor's of arts degree from stanford university and the london school of economics and then his law degree from harvard law school. prior to his public service, but justice served in private practice in both san francisco and sacramento. i can attest to his prowess as an attorney because on one very

interesting occasion he represented me. [laughter] on a speeding ticket. and got me off with a minimum fine. [laughter] from 1965 to 1988 justice kennedy was a professor of constitutional law at the mcgeorge school of law the university of the pacific located in sacramento. ander planted particularly of - the fact that he provided a valuable support to them governor ronald reagan on a number of legal issues as a volunteer lawyer. justice kennedy was appointed to the united states court of appeals for the ninth circuit in 1975 where he served for more than 12 years until president reagan nominated him as an associate justice of the u.s. supreme court. he took his current seat in 1988. in nominating justice kennedy to the supreme court in 1987, president ronald reagan remarked

that his career as a judge in the u.s. court of appeals for the ninth circuit as a constitutional law professor and in private practice was marked by a devotion to the simple, straightforward and enduring principle that we are a government of all and not of men. during his more than three decades on the bench justice kennedy his plate and in trouble role in the consideration and the decision of some of the most significant cases and some of the most serious constitutional challenges in the nation's history. he's been a staunch defender of the first amendment rights individual liberty against government intrusion and federalism. these are cortines of the preserve the constitution series and we are honored to have the justice here at heritage to provide the seasonings lector. please join me in welcoming the honorable anthony kennedy. [applause]

>> thank you very much. good afternoon, ladies and gentlemen and my fellow citizens in the nation that must seek to come closer to the idea and the reality of the role of law, and it is a special privilege and pleasure to be introduced by my long time and a valued friend, edwin meese. it came to sacramento in the late 60's. at that time there was still in the state government continuing expensed tradition that public service was a high calling. public service was an honor and a trust and a duty. i am merely years in sacramento

even in elementary and high school had the good fortune to meet the leaders of the state of california, the heads of the executive departments any number of them were brilliant attorneys. and they appreciated the fact that civil service is a public trust. the whole idea of democracy is that each generation is the trustee for the next. the democracy is stronger for the next generation than it is for our own. each generation has the duty to conserve and preserve and then to transmit the assets of a democracy and trusties don't grab all the assets for themselves.

edwin meese was squarely within that tradition and considered public service to be a great honor, and it is again my pleasure to be with you this afternoon because you were the idea of with a dedicated public servant and your work continues here of heritage for which i congratulate you. the heritage of freedom is fragile and it must be transmitted from one generation to the next, and that's the purpose of the heritage foundation. remarkable institution which exemplifies one of the strong voices that a pluralistic and independent and principled society can produce. the heritage of our freedom is of course closely tied to the

constitution of the united states. the heritage of liberty is found in the constitution of the united states. now, some of you may be thinking that's pretty good. he talked for three minutes and he's worked his way into the competition. here we are. [laughter] but american stock always about the competition and there is a reason for that. the constitution gives us our identity. the constitution gives us our self identity, our self indication, our self-esteem defines our purpose and mission and defines who we are as a people. we come from many ethnicities and nationalities, religions and jet we are bound together as one

people because of our allegiance and respect and reverence for the constitution, and this is a link a bond to our history and to our heritage that is unique or almost unique in the world. this type that we have to our constitution that defines us is ours devotee and purpose and mission to our people and it is the envy of the rest of the world. the british revere their constitution as well, not quite the same. william gladstone prime minister of england one time

compared the english constitution and began by saying the english constitution was grown and the american constitution was something that was made. you might have thought was rather patronizing. the english constitution was made. [laughter] but he went on to refer to the american constitution in the most laudatory and complementary of terms. he said in the same statement just as the british constitution is the most subtle organism ever to proceed from the womb on the long gestation of the history so is the american constitution, the single most wonderful work ever struck at a given time from

the brain and purpose of man. this was a highly auditory company interested about the american constitution and it's true. it's hard to find superlatives for the work that the framers did in philadelphia in 1787. there is a book by catherine bowe in which i have mixed ideas about because it is filled with conversations that never could have happened -- [laughter] but the title is "miracle of philadelphia," and that's not far wrong. washington, of course, was the presiding officer of the convention and this was provincial -- the american constitution was by accident and design, and i think by providence. the delegates sometimes -- for

the first month they didn't know what they're beah president? would it be a council? would the president have an absolute veto? and at the end of the night none of these things were resolved. and sometimes the delegate -- at some points the delegates would say 18th-century equivalent of we are out of here. [laughter] and washington lucey gentlemen, please, stay calm and he didn't walk out on the general. and they stayed for three months and finished the document. now, one of the great if some history is what if jefferson had been at philadelphia? it's interesting that two of america's greatest thinkers, greatest writers, john adams and thomas jefferson were not at

philadelphia. adams was the american minister to the court of st. james. jefferson and the american minister to paris. jefferson made a tremendous contribution. from paris he sent to his friend madison over 200 bucks on political theory, political fallout from history and i wasn't able to verify, but my semis is that some of those books must have been about the dutch federation which is very instructive for madison and the delegates when they are thinking about that. and of course montesquieu which is the separation of powers. but jefferson was not there. he did get his hands on a copy very quickly of the

constitution. we immelt him a copy over their test this for shavit problem bill of rights. george mason was one of the members of the virginia delegation. he had written the delegation state of rights for virginia in 1776 and it actually was a few months before jefferson wrote the declaration of independence and jefferson realized for inspiration and for substance on

the declaration of rights and the state of virginia, and when the convention was over mason who was a member of the virginia delegation wouldn't sign the constitution. washington was infuriated. but this indicated a real problem because the constitution goes into force with the nine states ratified if you didn't have a virginia or you didn't have new york it wouldn't work. and so came about one of the great in a formal agreements in american legal history. there was an agreement on an informal agreement that if the constitution were ratified as written by the 17 eda seven convention that there would be a bill of rights.

and statesman -- and there were states and in those days kept their word. and so we had a bill of rights in 1791. and the result is we have a hamiltonian structure and a jeffersonian bill of rights and let me mention just a few things about each of those. it's a different structure but of course one of the principal ones is the separation of powers and checks and balances. we use those terms often interchangeably to say separation of powers are checks and balances that they actually have a different thrust the separation of powers teaches that each branch of the government has a certain autonomy to act on its own. checks and balances were the

other way around, the indicate the government cannot of course operate in the branches to interact with each other there's a certain amount of four to the checks and balances. the framers of the constitutional convention and the fellow countrymen were sons of the enlightenment, children of the enlightenment and many of the trimmers and many of the people who are fascinated and with all sorts of years and balance wheels and clocks and pendulums and machines, and they could see this metaphor with checks and balance to components

of the congress must act in concert, and then congress enacts and the president vetoes, the congress overrides, the court's review like a pendulum, and this metaphor captivated the american mind. the framers were not only the good inventors, they were us deutsch learners of the human behavior, and they knew that no matter how brilliant the written document was it required a virtuous and enlightened citizenry at that time to ensure the constitution would survive.

enlightenment was so powerful that towards the end of his life and for over 100 years after newton was the most famous person in in the world. he was not the only enlightenment thinkers for the poster boy for the enlightenment that didn't read the mathematical, this idea that if an apple fell out of a tree there was a law the human principle, that the human mind of its own force could discover was liberating this idea is what the world coming and you know who became the successor to the mantel of newton this was a celebrity crazed era but

washington and then became the most admired person in the world she was the poster boy for the american revolution. and there is a relation between the two because the framers demonstrated that the human mind of its own power can discover and right laws of a decent government. the force of separation and powers and checks and balances had an original constitution. now you do have a constitutional law courses of structural

mechanisms in the constitution. and this is just dry fly -- dr. bye discussion but i should mention reform is another great structure. i once gave a lecture to some patent attorneys and difficult audience because you are trying to get their attention and they are sitting their doodling with equations. the separation of powers, checks and balances and within the patent convention of the framers had applied this is metaphorical , and i thought it may be difficult for them with

checks and balances because they read about it in montesquieu, he talked about the legislative. it was a brilliant implementation and in fact if you look at article 1 in the legislative power and look at article to, the style is completely different. article 1 sets out with great precision and the particular powers of the congress and what are the powers of the present? there longer, the style is different, you have to go through and in the middle of the sentence to doubt the executive power and the foreign ministers and he has the appointment power as the commander-in-chief and there is a reason for that. the framers were not sure what

an executive should look like they were confident that it should be washington and they trusted him to establish the tradition. so, i didn't think the checks and balances were exactly a breakthrough in the prior stated that montesquieu had written about and you can see the reflection of it in england military and a permanent power, property, members of the commons and the judiciary, so i thought maybe not so easy to get a patent even though it is a burly and implementation. but federal was some clearly a unique contribution and another place is the unique contribution of the framers, the political theory. the framers had the idea that you have more freedom if you have two governments instead of

money and you almost get intellectual whiplashed. more freedom of two governments. now, many students think of federalism as being a brilliant administrative device. this is the biggest land mass since the roman empire to attempt, and it took what six weeks to get from new england to south carolina? so if you are a business person or astute manager, you have territorial divisions. and in the 60's and the 70's when european states persons and

scholars were looking at the federal laws and to see if they could find some lessons for the european union, many of them thought the american federalist system as being administrative of administrative convenience and in a sense it was the that is in the whole theory of federalism and that is and the legion. the feria federalism, the genius of federalism is that it's wrong as an ethical matter. wrong as a moral matter for deutsch to delegate so much power over your own life to the remote central authority that you can no longer plan your own destiny that is the moral and the ethical underpinning of federalism.

those are structural components in the hamilton and the instructor. as i've indicated there's a jeffersonian bill of rights when you hear about two things you think there might be tension between the two, but actually there is a stunning symmetry, structural components of the federal constitution. and again, the bill of rights you can have full constitutional law on the bill of rights which is in the first amendment i will mention the speech clause and this whole idea of structure and substance is a breakdown because the first amendment in a a way is structural. you can't have a government work unless you have a free-speech so its structural in that sense.

it was full of substantive rights. it's the right inherent in the human personality and human dignity that you have the right of free expression. thinking about the first amendment speech clause, it's hard for me to think without a blackboard but even it doesn't work because there are at least three different realms free-speech protection. and if i drew circles, it would look like a target, but you would inevitably have to assign a more central feature to one type than another and i don't think that one type of speech and the constitution has held the priority over any others. so if you can think of the graph on the screen and shows these circles that moved and they

overlap each other but they are still transparent the circle keeps the integrity and you can see. when you think of the graph you can think of at least three components and the first is a political speech. this is essential to the human personality. it's essential to the american democracy. but there are many people that think rightly so there are other things in the world more important than politics. art, culture religion, science, philosophy sports whether the

in player got it right last week , whether or not the matter of dark matter will be discovered by micha physicist's rather than astrophysicists this is all a part of the speech and thought and believed that protected by the first amendment we can't think of it justin political as important as that is. and there is a third dimension in the speech that allows you to define your persona, your personality. your beliefs are who you are. and this is and the central human right. now, the supreme court and its first amendment cases have

protected speech that is hideous. we only get those cases. [laughter] we had a case recently protecting speech videos where it was described to me. i never look at these things. women in spiked heels killing. those are in the protected speech. we protected speech when the day of the funeral, the servicemen killed in the elite. there were protesters using derogatory words about gay saying the military is when to be doomed to provision because

it protects them on the day of the funeral. a supreme court said that's okay. at first glance, you then might think that the court and its first amendment jurisprudence has adopted embraced the philosophy of relativism, moral relativism. all ideas are equal. who are we to say that one idea is better than the other. if we were going to have a philosophical argument we can make a strong case that the philosophy is moral relativism that its art and speech is

equally good. you may find it is a very strong argument against that. relativism leads to skepticism and skepticism leads to cynicism, and cynicism is corrosive basic human values. so it's a philosophical decision of the first order to embrace the philosophy of relativism. how do you explain the supreme court cases, but it's terry subtle. the supreme court it isn't for the government to decide the government doesn't take a position on which the philosophy is correct.

this is for the people. it doesn't mean the people can and should not. it doesn't mean the people can and must not debate ideas to determine what is good what is bad, what is right, what is wrong, what is virtuous, what is evil. now those of us that have taught in law school know that number one, law professors used skepticism when it for the professor disagrees with but that's just the message it's not an end philosophy. it's just an order for you to think and understand and

identify first principle. but they are taught that any number of our young people are reluctant to embrace some ideas as good and some ideas as bad. but please, do not think that this is endorsed by the supreme court. it is the trace the society makes. let me put it this way. talk about the constitution with a big sea -- bigot c that were hammered out with washington in 77 that was ratified in 79, the bill of rights was added in 79 of separation of power, checks and balances, federalism for the formal document lawyers argue about the judge's.

that's the big c constitution. the constitution with a small c is a word used by historians for centuries. constitution with a small c is the total of customs and traditions and beliefs and to find people to read the constitution with a small c makes sense to some extent by aristotle verso herrington michael wapshott. and the whole point of offical

free-speech is that people can define their small c constitution so that they have a meeting and the purpose and history and destiny and there's the small c constitution other people look to in other countries look to to see what the united states is and what it stands for. if you have moral relativism as a public philosophy you have a problem with teaching the importance of our heritage, you have a problem because teachers are reluctant to say that one's

american hero was good and virtuous and important doesn't have an ethical and spiritual quality. everything is the same and the result is that young people are discouraged from finding magnificent examples in history they come across some very general terms without making any judgments. it's an ethical judgment and you shouldn't do that. this puts us in my view at risk. it's not just public servants that have the duty to preserve

and protect and defend the constitution of the united states, all citizens have the duty. it requires conscientious conscious effort. you don't believe in freedom because you take a dna test. freedom is taught and teaching is a conscious act spirit always have the duty to preserve and protect and defend the constitution. but you cannot preserve what you do not comprehend. you cannot defend what you do not know. the small c constitution at the

heritage house and so many other distinguished groups in the american society contribute to misunderstand this. now, of course we live in an age of changing technology, but it just let me make two more points about young people. let me tell you to stories about poland. we were in poland eight years ago in september. i was going to visit to the supreme court in poland and when we go to the countries you we need to go to three supreme court often. it is a constitutional court,

administrative court and the general distinction, so you go to three dinners and bring the three gifts. [laughter] but they are fine judges and fine courts and we were first teaching for few days and then we went to warsaw and i had arranged to meet with the faculty at the university of warsaw and the explained to me the students wouldn't be there. it was the third week in september i don't think they were coming into the first of october but they were going to be there and we did. midway through the meeting there were some notes being passed and they said we didn't realize our answering students are here for an orientation day and they would like you to talk to them. now, law in europe is undergraduates. very few countries in the world have a graduate law school.

but england come in europe. so these orientations students for basically high school seniors ready to enter in their freshman year of college. and so i talked with them as the room small 80 people and justice kennedy are you about the supreme court to read and we started talking and a student raised their hand and she said checks and balances are very important in the constitution. and the president checks the congress the congress tracks the president who checks the courts? good question. and we talked about. i'm not sure i have a satisfactory answer. i was with another student that said federalism is very important in america. but money goes to washington and goes to the states for conditions doesn't this undermine federalism then a

student raised her hand and said now, chief justice john marshall is very much admired in the united states. for his decisions popular when he wrote them? they said you don't understand. it took until 1787 to get your constitution. we have been working on our constitution since the fall of the soviet union and we have been studying your constitutional issue since the fourth grade. and i told her if i had that class in the american university i said that is a great class. i told the same story that night at a dinner the president of the university and that's true there is another thing. he said under the soviets we can't say anything good about

them. they ruined this for generations. but one thing if you wanted to be a doctor, scientist, architect, lawyer, you can do it. he went into the school for 50 years we had the best teachers in the world. and you saw the product of that. now, in the united states i get visits often from high school groups and sometimes friends of our families would bring teenagers in and i often quite impressed by their grasp of american history but there are more problems generally. we were in a place this summer where some civic minded people have gotten together grants for distinguished and exceptional high school students to go to europe for two or three weeks and came back to give a report

and this one student had gone into the important question is why is it important? that's where schindler's list was filmed. you see, they're must be substance. but there's time compression that we have that is aided by the fact that we have new media, and of course this is the subject for all whole lecture. we have blogs in the internet, and it's this conversation that we have in our small c constitution that must strive to become more decent and rational, more thoughtful and there was never a golden age of political

debate. we can't expect the political world or public discourse generally to be in the confines of the court case or legal argument. but we must pay more attention to making it principled. and this has been the case whether or not cable-tv must carry rules for broadcasters we set look at the technology going so fast that we are reluctant to freeze to the constitution's first amendment principles based on technical mechanisms to the emergence for the internet and

twitter and other innovations showed the wisdom but we are going very, very fast. this new power, this new potency that we have to have a civic discourse in the small c constitution that it is respected by the rest of the world to make no mistake the verdict is out on democracy and they are looking to the small c constitution. to see how a democracy works. suggesting just one concept that is of some help the supreme court is invited to go to the state of the union address which

we go as a matter of etiquette and as you know, there is a great rostrum for the president and the vice president and the speaker of the house, and there is another beautiful credenza which is for the guest of the clerk of the house of representatives and it is a five sided credenza and in a single plane across the front and it says equality, justice liberty, freedom and where is the world in the middle? i stare at this word. it's tolerance. now, you have to be careful. i don't know who made up these words. and you know the equal justice under law and the supreme court in pediment of the steps that was made up of the architect because the words seem to balance, equal justice and i'm

not sure about the prominence of the tolerance. there is an important word. it's interesting the framers didn't use it to me often. and in the speculation on my part i think in part it's because the toleration act which were set forward in the political freedom had still a lot of baggage in the they said tolerance and the toleration act they didn't want to bring in the baggage and so it wasn't a word used very often. it was basically a word that found its force and its legitimacy and power and its necessity in the dictionary of the philosophy that says tolerances of the essence of humanity because all men are

activated by folly. .. can shame people or intolerant of others. and of course there's some post -- can you tolerate intolerance. no. we can is discuss that and of course, it doesn't mean that you

tolerate evil. it hitler was evil stalin the same. we don't tolerate it. but when we think of speech the caucus is different and it's a strong society we must merge and remain strong in order to make our speech the enemy of the rest of the world so that freedom can advance and that, of course, again is the purpose of heritage and for the work of heritage, and for inviting me here please accept my thanks. [applause] [applause]

the justice has agreed to take a few questions. we've had a few questions submit bid the members of the audience in advance by e-mail. let me ask you first. -- [inaudible] certainly. [laughter] this is a rather practical question. but you spent thousand of hours reading briefs, articles and transcripts in an e maul amount of time writing and rewriting opinions. what ask contributed most to your decision making on the supreme court. the quality of the brief, discussion with your colleagues or the oral arguments? >> i have to say, i see some of thest esteemed attorneys appear before us. i have been reading briefs for

over thirty five years i have yet to find one i can't put down in the middle. [laughter] [applause] [laughter] when i was circuit justice for the 11ther is cut, i meant to meet with the attorneys and the judges and the 11th circuit. as a courtesy we met on saturday morning, they were dressed casually for golf or tennis. i say to you have any questions? somebody said how do you read the briefs, the written material? i said well i assign them to the clerks. they each have to read the fourth of the case. i have to read them all. if it's difficult case, i bring it home over the weekend alike opera so i'll read it a second time with the opera and i have one opera and two opera briefs. [laughter] they were too polite to roll their eyes.

here is the guy talking about the opera he's intelligent yule or trying to be one. i thought i can csh [inaudible] but they raise their hands i said i want a six pack brief and a two six pack. [laughter] and i said, i remember your last one, i think it was -- [inaudible] [laughter] i think it was a three-six-pack. the briefs are very well written. amicus briefs are tremendous. amicus briefs like lobbying? i thought that was a fascinating question. and of course amucus briefs are tremendous important to help us understand the consequences of our decisions. why first came on the court i thought it was an apt care began exercise. i put on the gone and say the trial judge got it wrong and that wrong got it back wrong.

it was forward-looking you are bound by what you do and amicus briefs help that. and the oral arguments sometimes we don't behave well. sometimes we do. a good oral argument is a discussion of deduct really a thesis. it's helpful and a discussion with the colleagues are our discussions are mostly in writing after we don't discussion before the case was heard. and if we do discuss just two of us, we immediately send a memoir to the others that stephen and i have talked about the case we think it might be the jurisdiction wrong so we're in the loop. it's a good process. >> next question? many of, i think you already answer ited because what do you make for a persuasive court for the brief. would you like to add to that? >> yeah again, it shows the consequences of the decision,

and there are tremendous importance. >> what has been the most difficult case you have decided? [laughter] >> the one i'm working on now. [laughter] here is an interesting historical case question when warn burger was chief justice the court decided far more cases in sometimes in the neighborhood of 150 cases per term. the court canses about half that number there are nearly 10000 cases that the party ask the supreme court to hear. is there a particular reason for a reduced case load in recent years. >> we're not sure and we talk about it. when i came to the court, actually i think over the first year we had over 150 and by april, it was just a nightmare. you could barely read the things coming thereupon. with some of the justices you have to write concurring opinion then they change it after they saw your concurring opinion.

so 150 was far too many. seventy plus eighty plus is not really the optimal capacity, i think. we wait until we find a cases where, as you know, it was declared unconstitutional true the -- that involves state supreme courts many of our cases come from enactment of congress. the bankruptcy reform act almost a decade ago now was produced a number of cases nap comes up slowly. there have not been many major congressional enactment, and those produce -- but we wonder about this and we -- but, you know, we don't take cases because we think they are

wrong. because we think our guidance is necessary. >> that's helpful. some prior justices including one occasion or a number of indications a particular chief justice in the past have commented on the quality of advocacy before the court. do you have any observations on the subject? >> when i went back to my hometown of sacramento i had to go to a document from the court house, when i was going up the steps a county court person my heart started to beat as i go up a, and when i was arguing a case i get nervous somebody asked me do you get nervous before you go on the bench. i said no i don't get nervous why go on the bench. i get nervous why go to the conference room with my colleagues. because then i have to argue for the cases that maybe -- and i want to make sure i don't mess

it up. i appreciate what the advocate is have to go through, and i they can be tremendously helpful. of course, this is the first -- since we don't talk with each other, this is the first time that we may have an i inking of what some of the justice are thinking. some designed it for another justice. i'll say from a question to the -- justice scalia i think they're standing here and don't be too fast. give an addendum to article iii if we behave well and give them a chance -- the counsel can have it an exchange can enter the conversation that the court is having with itself. and this can be a wonderful dynamic. and we're very, very fortunate that we have a dead candidated

-- dedicated experience bar because that's necessary for us to understand the consequences of our work. and to write an opinion that not only is understood by the parties, but that gains the allegiance of the american people. thank you. >> justice kennedy we appreciate very much your being our distinguished lecturer, we would like to present a small them tow of the occasion as we have to each our lecturers. this is a familiar expose suggestion of the constitution of the united states, a short one by joseph story and two volume set of the commentary on the constitution. we hope this will remind you of your service to the her ting foundation, the audience here and your participation this evening. thanks very much. >> thanks very much.

[applause] this week on c pan two booktv and prime time. tonight david on the history of san francisco from 1967 to 1982. at 8:55 elizabeth taylor on the life white house slave paul jennings and the event yule freedom in 1947. it at 9:50 they discuss the reasons why american fought the civil war. and at 10:00 arthur herman how fdr brought business leaders across the country to mobilize

for world war ii. i primarily watch the house and senate. i used to work in the senate. i flip over there. coverage of the floor and the networks you're not going see that. c-span that is. c-span you can find something important going on. that is not otherwise covered app i listen to c-span radio in my car. >> bob watches c-span on direct tv. c-span created by america's cable companies in 1979. brought to you as a public service by your television provider. the 113th congress opens tomorrow. the senate convenes at noon eastern with live coverage here on c-span2. vice president joe biden will preside and read the oath for new senates and those who were reelected in november. it's possible that norm senate may consider new rules on the filibuster. departing u.s. senates gave

farewell addresses last month opt the senate floor. over the next two hours we're going show you some of the features starting with indiana republican richard who served six terms. >> maim president, i rise todayam p to stress my colleagues on aagues number of issues important the future of the united states, and while for s some perspective on. senate service. in a fewin weeks, i will leave the nate for new pursuit. v that allow mee to devote much deeper attention to a number of issues that have been a part of my senate s service. o proliferation of weapons of mass destruction and developing more efficient ways to feed the world. i'm especially pleased that i'll be serving on the faculty of the university of indianapolis and

helping that institution establish a washington internship program. i look forward to announcing additional endeavors of service in the coming weeks. my service in the senate would not have been possible without the encouragement and the constant support of my loving wife shar, our four sons, mark, bob, john and david and the entire lugar family most of which is with us here in the galleries today. their strength and sacrifices have been indispensable to my public service. i'm also very much indebted to a great number of talented and loyal friends who have served with me in the senate including, by my count, more than 300 senators hundreds of personal and committee staff members and more than a thousand student interns. in my experience, it is difficult to conceive of a

better platform from which to devote one's self to public service and the search for solutions to national and international problems. at its best, the senate is one of the founders' most important creations. a great deal has been written recently about political discord in the united states with some commentators judging that partisanship is at an all-time high. having seen quite a few periods in the congress when political struggles were portrayed in this way, i hesitate to describe our current state as the most partisan ever, but i do believe that as an institution, we have not lived up to the expectations of our constituents to make excellence in governance our top priority. many of us have had some type of executive experience as governors, mayors, corporation chiefs cabinet officials.

i had the good fortune of serving two terms as mayor of indianapolis prior to my senate service. and for the last 36 years i've attempted to apply lessons learned during those early governing experiences to my work in the senate. as a mayor my responsibility for what happened in my city was comprehensive and inescapable. citizens held the mayor's office accountable for the prosaic tasks of daily life, like trash collection fixing potholes in the streets snow removal but also for executing strategies for the economic and social advancement of the city. in legislative life, by contrast we are responsible for positions expressed through votes, cosponsorships, interviews and other means. it takes courage to declare dozens or even hundreds of

positions and stand for office knowing that with each position, you are displeasing some group of voters. but we do our country a disservice if we mistake the act of taking positions for governance. they are not the same thing. governance requires adaptation to shifting circumstances. it often requires finding common ground with americans who have a different vision than your own. it requires leaders who believe like edmond burke that their first responsibility to their constituents is to apply their best judgment. it is possible to be elected and reelected again and again and gain prominence in the senate while giving very little thought to governance. one can even gain considerable notoriety by devoting one's career to the political aspects of a senator's job; namely,

promoting the party line raising money focusing on public relations. responsibility for legislative shortcomings can be pinned on the other party or even intractable members of one's own party. none of us are above politics nor do the founders expect us to be but obviously we should be aspiring to something greater than this. too often in recent years members of congress have locked themselves in to a slate of inflexible positions many of which have no hope of being implemented in a divided government. and some of these positions have been further calcified by pledges signed for political purposes. too often we have failed to listen to one another and question whether the orthodox views being promulgated by our parties makes strategic sense for america's future.

the result has been intractablely negative public perceptions of congress. a rasmussen reports poll done just this month found that only 10% of likely voters gave congress a rating of excellent or good. for me, the irony is that having seen several generations of lawmakers pass through the body, i can attest that the vast majority are hardworking generally interested in public service and eager to contribute to the welfare of our country. often the public does not believe that. it's easier to assume that congressional failings arise from the incompetence or even the malfeasance of individual legislators. or perhaps as some believe washington d.c. itself is corrupting. now, it's far more disconcerting to think that our democracy

shortcomings are complex and devise simple solutions but the founders were realists who understood the power of factionalism parochialism, personal ambition. they understood that good intentions would not always prevail. and accordingly they designed a system to check abuse and prevent power from accumulating in a few hands. but they knew that the efficient operation of such a republic would require a great deal of cooperation. they knew that it would require most elected officials to have a dedication to governance and they trusted that leaders would arise in every era to make their vision work. the senate has a unique role to play in good governance. we have attributes not possessed by the executive branch, including staying power. administrations turn over every four or eight years but senators can have careers spanning

decades that allow them to apply expertise and political understanding to problems over many years even as administrations come and go. we can also confer a bipartisan framework on a policy. even a small bipartisan group of senators cooperating on a difficult problem is a powerful signal of the possibility for unifying solution. my hope is that senators will devote much more of their energies to governance. in a perfect world, we would not only govern, we would execute a coherent strategy. that's a very high bar for any legislative branch to clear but we must aspire to it in cooperation with the president because we are facing fundamental changes in the world that will deeply affect america's security and standard of living. the list of such changes is long

but it starts in asia with the rise of china and india as economic political and military powers. the obama administration has conspicuously announced a pivot to asia. at the center of this pivot is china, which exists as both an adversary to certain u.s. interests and a fellow traveler sharing mutual goals and vulnerabilities on others. the ongoing challenge will be for the united states to discern discern, sometimes issue by issue, whether china is an adversary or a partner. and this calibration will impact america's relations with the rest of asia and may ultimately determine prospects for war or peace in this world. while visiting indonesia thailand and the philippines in october, i was reminded of the economic vitality of southeast asia and the fact that the ten countries comprising asean

represent now the fourth largest export market of the united states. these countries are center stage to the circumstances with china. we must stand firm with our friends throughout asia and actively pursuit prospects for free trade and open sea lanes and other policies that will strengthen america's economic growth. more broadly we face the specter of global resource constraints especially deficiencies of energy and food that can stimulate conflict and deepen poverty. we have made startling gains in domestic energy production but we remain highly vulnerable still to our dependency on oil. and perhaps equally important even if we are able to produce more energy at home we cannot isolate ourselves from energy-driven shocks to the global economy.

in other words, we have to cooperate with other nations in improving the global system of manufacturing and moving energy supplies. currently, a key to this is helping to ensure the completion of the southern energy corridor serving central and southeastern europe and unleashing our own liquified natural gas exports to address the energy vulnerabilities of our closest allies. the potential global crisis over food production is less well understood. whereas research is opening many new frontiers in the energy sphere the productivity of global agriculture will not keep up with projected food demand unless many countries change their policies. this starts with a much wider embrace of agriculture technology including genetically modified techniques.

the risks of climate change intensify this imperative. even as we deal with potential resource constraints, our country remains vulnerability to -- remains vulnerable to terrorism and assymetric warfare. access to the internet and social media has deeply altered international politics. in most cases for the better, but it's also contributed to instability, to sudden upheavals, like the arab spring. it's allowed destructive terrorist movements like al qaeda to franchise themselves. it's intensified risks of cyber attacks, espionage and the proliferation of weapons of mass destruction. the potential catastrophe remains of a major terrorist attack on america and employing weapons of mass destruction. and if that happens, in addition to the lives lost our expectations for economic growth and budget balancing could be set back by even a decade or

more. having devoted considerable time to this problem my experience is that there are no silver bullets. protecting the united states from weapons of mass destruction is a painstaking process that every day must employ our best technological diplomatic and military tools. amidst all these security risks we must maintain the competitiveness of the united states in the international community. we should see education energy efficiency access to global markets, the attraction of immigrant entrepreneurs and other factors as national security issues. my own view is that the fundamentals of american society still offer us the best hand to play in global competitiveness. no other country can match the quality and variety of our post-secondary education. we have the broadest scientific and technological base and the

most advanced agricultural system. our population is younger and more mobile than most other industrialized nations. we still can flourish in this global marketplace if we nurture the competitive genius of the american people that has allowed us time and time again to reinvent our economy. but we must deal with failures of governance that have delayed resolutions to obvious problems. no rational strategy for our long-term growth and security should fail to restrain current entitlement spending. and no attempt to gain the maximum strategic advantage from our human resource potential should fail to enact comprehensive immigration reform. that resolves the status of undocumented immigrants and encourages the most talented immigrants to contribute to america's future. faced with immense

responsibilities, there is a need to elevate our senate debate. it is vital that the president and congress establish a closer working relationship, especially on national security. this is not just a matter of process. it's necessary to undergird national unit in the event of severe crises, such as war with iran or another catastrophic terrorist attack. this cooperation depends on congressional leaders who are willing to set aside partisan advantage and on administration officials who understand the benefits of having the support of congress as worth the effort it takes to secure it. currently, the national security dialogue between the president and congress in my judgment, is one of the least constructive i have ever witnessed. there is little foundation for resolving national security disputes or even the expectation that this can occur.

before the next niervelings the president must be -- before the next 9/11, the president must be willing to call republicans to the oval office to establish the basis for a working partnership in foreign policy and republicans must shall be willing to suspend reflective opposition that serves no purpose but to limit their own role in strategic questions. all parties should recognize the need for unity in the coming year when events in iran, syria afghanistan, north korea and other locations may test american national security in extreme ways. i commend each of you my senate colleagues for the commitment that led you to stand for election in the united states senate to begin with. running for office is a difficult endeavor that is usually accompanied by great personal risk and cost. each one of you is capable of being a positive force for

changing the tone of debate in our country. each one of you has a responsibility not only to act with integrity and represent your constituents but also to make informed and imaginative choice on which good governance for our country depends. i am optimistic about our country's future. i believe that both internal divisions and external threats can be overcome. the united states will continue to serve as the inspiration for people seeking peace freedom and economic prosperity. and the united states senate should and will be at the forefront of this advancement. may we seek each day from god our creator the wisdom and the will to do our best in the governance of our country. and may god continue to bless the united states of america.

about why i said so many times since i came to the senate that my greatest legacy will be the work of our staff. ..

when i served if they write so platoon and company commander in the marine corps. when we were in training to go to vietnam, we got a lecture from a battle hardened the connector know who would fight as an unlisted marine and world war ii platoon commander in korea and the tank commander in vietnam. one of the things he said to us

is unique area sidearm come out for defect is still, an m-16 rifle, but a marine officer is only successful if he fights with his marines. and it's the same concept appeared. you are no better as a leader than the people you lead. we worked hard on our staff for six years to find the most talented declan america, to work them to their full capacity, to instill in them my personal views of the principles of leadership and the philosophy of governance which are at the core of what i wanted to bring to the united states senate and i believe we did that. we started with paul reagan and kathy wilmont. paul reagan, my chief of staff better and 25 years of democratic politics and governance inside virginia and worked for congressman rick

boucher. worked for jim moran as his chief of staff, worked for two other members of congress, communications director with mark warner when he was governor and we had to send people would call political odd couple going on. paul was a master of every detail inside virginia politics. i experience for many years have been on the national level of policy and we worked very hard to screen every single applicant to make sure these are people who met the standards we were trying to put into place. kathy wilmont is somewhat of a legend appear. she became our office director. she does every capitol hill policeman. she probably does every person sitting here working on the floor. she is an absolute goldstar

administrator. before she worked for us worked for senator john and lincoln chafee when i was a 25-year-old marine work on senator john chafee staff when he was secretary of the navy. i know i'm biased, that i would challenge anyone to read the data we have had the best run staff on capitol hill. we set up a communications job. jessica smith, kimberly hunter two very talented and invaluable communicators who understood the job is not simply to respond to media requests but proactively explained what we were doing what are purposes were with the goal square the philosophical approach we are taking happen to be local and national media, rather than simply any cheney interview requests and asserts that things. on the state level, we were able to have conaway haskins sat at

the state administrative structure where we were constantly able to listen and respond to the needs and opinions of people throughout this extraordinarily complex jurisdiction that is the commonwealth of virginia. sometimes we forget about what happens when we are in our meetings. the people who run our phones and have done our casework at times have astounded me. we go back to the votes on health care reform. we know the debates going on here. we took account in our office and we received, just in our office 226000 pieces of advice, just on health care reform. in fact, a total of 300,000 pieces of communications on that

debate of which approximately 50.1% of the people who called in to us may have been happy with the eventual vote tonight to. but i could walk out of the office when that was going on and i can see the young people on those phones and see how battered they often wear from the advice, which quite frankly wasn't always pleasantly given. with respect to casework, mr. president, i had to create pleasure and unique experience when i was 25 years old on how to do casework and it really opened up my eyes to how many people in this country simply don't know how to open the door to get their needs solved by the government today said its requirements on them. i did this for john chafee when

he was secretary of the navy. i ditto for john warner when he was secretary of the navy and i emphasize strongly with the people who handle our casework what an important job it was they were doing. in the time we have been in the senate, our staff has resolved more than 40000 personal cases. more than 40000 people who have not known in many cases even how to approach their government have received personal assistance to help them solve other problems in their lives. in fact come andrea trotter, deborah lawson, quinn said to each one of them result in more than three dozen cases during the time i have been in the senate. on legislative and political issues, i would say that when i came to the united states senate i admit thomas says on

the campaign trail and we kept those promises. the greatest achievements in my view during this term were made right out of our office, not because they're responding to the suggestions of some committee work or from the executive branch saying they wanted something, but because we continually made suggestions to those committees and to the executive branch about what we thought needed to be done. my first day in office by introducing new g.i. bill that i talked about for years. the logic was simple. people serving since 9/11 deserved a chance at the first-class features those who served during world war ii. within 16 months, with strong support, by the way a leader reid, we're able to pass this legislation. the most important piece of veteran legislation since world

war ii. most of that effort came directly out of our office from the work of people on her personal staff led by mike suzanne, i legislative director and has since moved on to be the chief of staff for senator mark udall. we said during my campaign and after i got here that the united states desperately needs to reform its criminal justice system. we have 5% of the world's population, 25% of the world's prison population and if you ask the average american, two thirds will tell you they feel less safe in their community to make it a year ago. it's always been a leadership issue. i was warned when i first started raising this issue in virginia seven years ago that this could actually have killed my political campaign.

people responded and since i was not on the judiciary committee worked on the legislation to create a national commission to examine aspects. we did it right out of our office with doug ireland the point person for the entire country to get this debate go in and away it hadn't been before. when not in our own office with more than 100 different organizations in our conference room we had a bill more than a year ago it reached the floor of the senate and i would ask the president or my other colleagues, when is the last time the senior criminal justice bill that is endorsed by two pages of organizational endorsements, but a criminal justice bill and respected chefs association, marijuana project

fraternal order of police international association of chiefs of police the aclu the sentencing project. we got a bye and across the philosophical spectrum for a mere $14 million commission, where he could receive advice of experts in this country on an issue we have not received their advice on since the 1960s. one of the great disappointments of my time here has been the fact that that simple, sensible piece of legislation was filibustered. we got 57 boson appeared for some people on the other side of the aisle decided they shouldn't have been. even the national review, one of the most conservative magazines in the country said that filibustering this piece of legislation was insane. mr. president, i ask unanimous consent to have entered into the

record at this time the sponsors of that legislation. >> without objection. >> we had a lot of discussion the last six years about the so-called david to asia. i will say that someone has been a great deal of his time in and out of east asia that this pair that was heavily influenced by the actions taken directly out of our office. we looked for people to come and work with us who have expertise in intellect to work not only on the hill not only with members of congress and not only with the state department but with embassies around the world, foreign leaders scum of alligators to take a different approach and refocus again the energy of the united states on this most vital part of the world are david conine bartlett: ross and philip brady among them. our many visits to this part of the world.

sometimes included five countries in two weeks. you have commercial air traffic in with military support repeating meetings with top leadership of countries of japan, korea vietnam thailand, singapore, indonesia burma, all of which represent the future of the united states in terms of trade, security and cultural vote in the coming decades. with respect to burma it was a great moment to sit down to see cg recognized by the congress a month or so ago coming to this country estate in other member of the parliament. we began to change in that relationship from our office, directly from our office based on work i had begun and become

interested in over a period of six years before the select did to the senate. i'm very proud to say that the groundwork for mr. visit in 2009 inside our office. often i would say against the will and advice of our own state department threes validator's. we talked to people we knew in the region. i became the only american later average in the general time choi, leader of the military junta to express my belief that we could work forward to have a different relationship. i hope that those who have some doubts about the wisdom of opening up this relationship now can see the benefits as we see the political situation beginning truly to change. we worked heavily with japan. this is a critical, often overlooked relationship.

it involved an effort to resolve to to the same issues that okinawa that don't always get the attention they deserve here in the congress, but at that times paralyzed the political debate inside japan. ironically i began working on these issues is a military planner in 1874 after he left the marine corps and was in law school. our staff has managed and i've been a part of most of these meetings with more than 70 delegations from japan and our office, organized and conducted by our staff. n. korea we led an effort to bring democratic senators on board to support the political free-trade agreement that is so important not only to our bilateral relations, the signals of united states not part of the world and we became what i believe the something of a pioneering effort to get korea and japan to come together at the table to realize common

security interests. vietnam i visited, worked inside vietnam for 18 of the last 21 years in addition to having their tears in the rain i will say i fought in vietnam because i believed in the importance of that country to our relationships in asia. i spent a great deal of energy, more than 30 years now to get the final move of that war the relationship between vietnamese community in the united states and the government inside vietnam. we were thailand, singapore, laos, the first american senator to visit us in seven years first member of congress to visit cambodia when we visited indonesia. we were worked hard on the sovereignty and maritime issues and the south china sea. we sponsored two resolutions regarding china's recent aggression in the south china

sea. we initiated this from the staff members in our office. i could go on. let me just say that the other important areas that our staff has worked on in the past six years include our pioneering work in economic fairness and a first-order programs in adult education, a first-term inside our office to encourage a full spectrum of development, preservation of civil war battlefields and the vital need to rebalance the constitutional relationship between the congress and the presidency, which i have pursued in both administrations that have been in office only been a member of the united states senate and at this point because they really will not have time to list all of the contributions by my staff members can i ask unanimous consent, and that the names and positions of my staff members be entered into the record at this

point. >> without objection so ordered. >> thank you, mr. president. and so all my staff, a heartfelt thanks and to those of you who have served with us i say again, thank you for your contributions to our staff and most importantly to our country and also a good i continue to expect great things from you in the future. you are my legacy. never forget that the people you might have the honor of leading as you move forward in your career is wherever you end up will someday become your legacy. i yield the floor.

>> speaker bahn are saying hurricane c&d should be the first priority in new congress. after he gave heated remarks after not considering a disaster spending bills, there's not a vote this week after all. kerry young, staff writer for cq

rollcall joins us in capitol hill. what happened? >> we see them moving ahead now. the flood program is actually going to have trouble if it doesn't get money quickly, so we'll see that on friday. and it will the rest of the package on junior 15. >> whited and house republican leaders scheduled a vote for the end of the 112 congress click >> that's a great question. it sounds like they thought they were going to have a hard time getting through the fiscal cliff, that would be enough to ask vendors to do and expect it to go back in january. it was odd seeing it though, yesterday and sit there for hours. there's a lot going on behind the scenes. >> you talk about how it's going to record forward. can you elaborate on that? what's happening next? >> the most dire need is the program. so they'll get the money.

obama has requested the same on every side and a senate bill and chairman rogers initial response posts about 9 billion to 15 the flood program needs. the delegation has worked really hard on this. we'll see what it may come in. it might be like the two-part amendment, a two-part bill we saw chairman rogers yesterday maybe 27 billion with the flood money out. maybe 16 billion 17, 18 in the first staunch a larger with recovery money. >> the senate has passed a disaster relief bill. what congress had to start the process all over again in the 113th congress? >> if the bill dies tomorrow the house is only in for an hour in bed sick of formality of

session. so it won't be long. we know what the senate will pass. we know what they want to do and they should be able to move fairly quickly once the house since the bill back over her. that's in fact the traditional route. it would've been one usual two have the senate. >> weiss getting this bill done as soon as possible so important to lawmakers pushing? >> it's not practice to run absolutely dry. we've heard from the >> people than $4 billion. sounds like a lot of money but they need to start conserving soon if they don't get extra money for the fund. they have to tell people applying for new applications or recovery aid to hold off on projects. maybe five or six times in the past decade they go to its called immediate needs funding. it's very disruptive. it's better to manage ahead of time and guessing that the money money it needs. there'll be some longer-term

recovery projects. the fema money seems to be pretty proud bipartisan accord in the two pieces that need to get done. >> kerry young is a staff writer for cq rollcall. appreciate your time. >> thank you. >> .next is another jim demint to resign two years into his second term to become president of a washington think tank. then senator daniel akaka who have served in the u.s. senate since 1990. after that, senator scott brown, massachusetts republicans won a special election three years ago to when they see that delete

kennedy. and later, joe liebermann retiring after four terms in the senate. >> thank you mr. president. i would like to get what they were caught here my address. we spent time in the office waiting a long speech and once i read it i realized it's more emotional than i thought it was at the speech aside at last night i made myself a lot of note of what i wanted to say and i realized this morning and i was trying to get the last word and on a lot of the politics we've been discussing. so i set it aside and just sort of decided to speak from my heart for a few minutes. certainly, this is much more emotional than i thought it is a look around this room, the realization that i'm standing here on the senate floor, speaking for the last time is a

lot to digest and certainly makes me very appreciative of the privilege revoked and given to the american people and particularly those who have come before us who have given their lives for us to have the opportunity to settle our different days in a civil and democratic way. so this is a great opportunity and privilege to just share a few thoughts before i go on to the next phase of my life. i first have to give particular thanks to my wife, debbie who for the last 15 years have spent many days and nights alone as i have tried to come up here and change things in washington. she's often reminded me or question how i thought it could change the world when i couldn't even though the grass but she has been a supporter and so

important that i left my children who were still in school and began serving in the house, kept them on the right track. i particularly want to thank them. all of you who served here know when we sign up for public life we also assign of him is up public life and in a lot of ways it makes their life much more difficult. so i want to thank my children my wife debbie, and family for putting up with this and been such a supporter. i also have to thank the people of south carolina have entrusted me with this job in the senate for the last eight years in the house six years before that. all of you know who served for your state as he traveled around and met people and to her businesses and spoken to groups, it really creates a deep love and appreciation for people back home. i look at what were and south

carolina and the small businesses to drive by not knowing any is there newco and then find they are making things and shipping things all over the world. it makes you very proud of overdoing the south carolina and they know all of you feel the same way about your states in a very appreciative of the people of south carolina with given me this opportunity. i'm grateful to my colleagues who i've often scrapped with on a lot of issues. i appreciate their patience on both sides. i think i can make or claiming to have good friends who are democrats and republicans. i am particularly grateful for a lot of the new senators, some sitting here today who have had the opportunity working with folks in their state and all around the country to elect some new people to the senate that are bringing the right ideas and some new voices to those

principles that we now have made our country successful. and so i feel like if they leave the senate, that we are leaving it better than we found it and that our focus now, despite the difficult challenges is really on america and how we turned america around. i should spend a lot of time in most of my time on thinking my staff. i have to say that my greatest inspirations have come from the staff that i've had the opportunity to serve with in the house and the senate. as all of you know staving here in the senate that this country is being run by people in their 20s and 30s who kid is so busy that they're having to follow us to meetings to tell us where were going in what will talking about. but it's incredible to see that these young people, particularly those that i served with have

such a passion for our country and freedom and they're willing to put it all on the line to make a difference here and they feel like my family and i'm certainly going to miss them. but it's encouraging to see them moving to other offices and taking their ideas and our courage to other places on the hill. i want to add my thanks to all the hill staff and folks sitting around the front and those who've worked with us. i know sometimes we press the envelope a little bit on things were trying to get done and they've seen a lot of very intelligent active and engaged staff all across the hill both democrat and republican and very thankful for what you do. about 15 years ago i started campaigning for the house. i'd never run for public office. at that time i believed and it

still holds true today that there were normal people like me and then there were politicians. i was a businessman. at a small business for about 15 years. i had four children was active in my church and the community and i had been to see that well motivated, well intended government policies make it harder for us to do things at the community level that we know actually work. that's really what i've always been about here. it was not about politics. i have no strong political affiliation before i decided to run for office. but i saw ideas from the time i was a young person ideas that work and i actually saw the statement the other day that i'd like to read because it reflects what i think a lot of us know works in our country are. and this is one thing i will try

to read today. i do not choose to be a common man. it is my right to be uncommon. if i can seek opportunity not security, i want to take the calculated risk to journeyman to build, to fail and to succeed. i refuse to barter incentive for both. i prefer the challenges of life to guarantee security, the thrill of the film and to the state of calm utopia. i will not trade freedom for an emphasis, nor my dignity for a handout. i will never cower before any master except my god. it is my heritage to stand erect, proud and unafraid, to think and act for myself, enjoy

the benefit of my creations two-faced double world boldly and say i have a free american. i've seen this on a plaque called the american creed in south carolina at least through this is what we call the republican creed. but it's really not a republican idea or a political idea. it's an american idea and the ideas in this statement are ideas that we on the work and ideas who had hoped for a children everyone around us. we know there are people all around us having difficulty but this idea of helping them to become independent, self-sufficient responsible creates dignity and fulfillment in their life that we know we want for all americans. this is not for a small few. this is an american idea and

it's an idea that i know has worked in my life and i've seen at work all around me. and that's what it's like to talk about for just a second today. it's not political ideas pages become a hacker history and all around us today in point to them and say that's working. i think if we did that were here in the political sphere, we might could find a lot more consensus. as we look around the country today, we can see a lot of things working. sometimes we cast them in our political rhetoric but i can guarantee you they are not being done for political reasons at the state level. they are being done because they work and they have to get things to work at the state level. we saw last week the state of michigan adopted a new law that

gave workers the freedom not to join a union. now they didn't do that because it was politically expedient or that they thought it was a good idea because it is actually probably going to get a lot of the politicians in hot water in michigan. but what they did it at 23 other states to adopt the same idea and thought they were attracting businesses and creating jobs in the states without raising taxes have more revenue to build schools and roads and hospitals. it was just an idea that word. it's not a political idea to give people the freedom not to join a union. it's an american idea and it's an idea that works. we can look around the country today and again we make these things political and give them labels that are good or bad depending on which party you're in. but we know a number of states have been real innovative and

creative with what they're doing in education. we see what they've done in florida, create more choices and louisiana, particularly, forced by hurricane katrina to start a new system in effect. they see more choices and opportunities for parents to choose their helping low income, avarice kids minority kids. we can see it working. and it's not political. it's an american idea to give parents more choices to that their children and an environment that they can succeed. it's an idea that works. we can look around the country that states they try to create a more business friendly environment, not because they are for businesses for any political reason by special interests, but they know the only way to get jobs and prosperity and create opportunities to create an

environment where businesses can thrive. we may get political here and we ask our constituents to make choices between employers and employees. the states like texas have created a business friendly environment with our taxes and less regulation. they passed laws that reduce the risk of frivolous lawsuits and what they've seen his businesses moving to their state. jobs opportunity created not for the top 2% but expanding the middle class creating more opportunity in tax revenues to do things at the state government level that we all want for everyone that lives there. this is not for a few. this is for 100%. you see specials on tv comparing california and texas businesses

moving out and delegations from california going to texas to figure out why businesses are moving and families are moving. it's not political at all. we make a political and we talk about it in political terms but creating an environment where businesses can thrive is an american idea and it's an idea that's working and we see it all over the country, where some states go on one road with higher taxes and bigger government and more spending of their losing to states like texas and i hope more and more like south carolina. they are moving to where they can thrive and this benefits every american. but look at energy developments and talk about that at the national level of how it can create prosperity for our country if we open it up. but we don't have to guess at

whether or not it works. we can look at north dakota. you can look at pennsylvania. states that have gone around several wilson figured out how to develop their own energy are creating jobs and tax revenue to their government. are able to lower taxes, use revenue to improve everything about their states. and here we make a political and partisan of whether or not our country can develop more and more energy. but at the state level is just about what works and we have to do is look at what works. this is not rocket science. i came to washington as a novice in politics believing in the power of ideas seed how ideas can revolutionize different industries, create new products and services, meeting the needs

of customers everywhere and that's what i hoped we could do here in washington. maybe naïvely i went to work in the house often working with the heritage foundation to create a better product here in washington. i saw social security and not too many people look below the surface, but we knew it was going broke. we knew we were taking in money that people are paying for social security retirement an affair, but we were spending it all. i thought what an opportunity with the for future generations for my children if we actually saved what people were putting into social security for their retirement and didn't have to do too much math to see that even for middle-class workers americans could be millionaires when they retired if we haven't kept half of what was put into social security for them. he seemed like a good idea to

create wealth and independence for individuals in retirement. but we made it a political idea that somehow convinced americans that it was riskier to save their social security contribution limit was just suspended. i'm leaving the senate to work on ideas that i know work. i seem to work all over our country. we can look all over our country and showcase these ideas that are working in nine of their power and ideas but i learned one thing about the political environment. unless there's power behind the ideas, they will not emerge here in the congress. if there's too much pressure from the outside on the status quo or to protect some political entries, no matter how much we show that it's working it won't be adopted here and less were

able to win the argument that the american people. i spent most of my life and research in advertising and marketing and strategic planning. but i hope i can do from this point is to his ideas and policies that i know work and the heritage foundation for 40 years in crete in the research and analysis that showed these policies work for what i hope i can do is to connect those ideas with real people, real faith says and to show these people that these ideas are not theory. they're not political policies, but i.t. is working working right at their state for the state right next to them. if we can win the arguments, the hearts and minds of the american people with these ideas, i know we can engage them and then lets them to convince all of you here to set politics aside parties

aside and adopt those ideas that work. my hope is to make conservative ideas so pervasive, so persuasive across the country the politicians of all parties have to embrace those ideas to be elected. i'm not leaving here to be an advocate for the republican party. i hope we can create more common ground between the political parties by showing everyone that ideas that work for their constituents and our constituents are right in front of our faces if we're willing to set aside the pressure groups come to special interests and just focus on what's working. over the next two years we are going to see more and more states to integrate things, becoming more prosperous, creating a better environment for people to live and work were

going to see some states that will continue to raise taxes, to create our regulations, and make harder to start businesses and be profitable in the states. they will continue to lose businesses and people and many of those states who come here to washington and ask us to help them out from their bad decisions. i hope that that point that we can show by pointing out the states in these red ideas that we know solutions at the state level and that we also know we can change how we think at the federal level and make our country work a lot better. i'll leave here with a lot of respect for my colleagues. i know my democrat colleagues believe with conviction their ideas and i know my republican colleagues do, too. i hope we can look at the facts. i hope we can look at the real

world. i hope we can look at what's working and set aside the politics and realize what really makes this country great and strong as when we move dollars and decisions out of washington, back to people and communities in the state, that it works. not for 2% but 100% of americans. i feel like our customers in the senate, at the heritage foundation or wherever we go by 100% of americans who these ideas can work for to build a better future and a stronger american. i'm not leaving the site. i hope to raise my game at my next phase i hope i can work more closely with all of you as well as governors and state legislators to take these ideas and convince americans as well as legislators and their senators and congressmen that we have solutions all around them

all around us if we had the courage to adopt them. i thank you for the opportunity to serve. certainly i will miss my relationships, but i hope i'll have the opportunity to continue to work together for what is the greatest country in the world from what i believe the generation before us that could be the greatest and most prosperous generation of all if we just look to the ideas that work. thank you, not a president and i think my colleagues. i yield the floor and note the absence of a quorum. >> madam president i rise tooha give my remarks and my aloha to the united states senate. madam president, before i began i want to say that my good

years, friend, my colleague of 36 years, my brother danny andh l.a., hawaii senior senator, ie wish him a speedy recovery and return to the senate. a mr. president -- i mean, madam president, i race to say hello to this institution. membeof i've been honored to be a member of the united states senate for 22 years. it has been an incredible journey that i never imagined. as the senior high school going to a school for boys, which was a

noted as a military school, my life was changed forever when iapan saw a japanese fighter attacking harbo pearl harbor. genatio like most men in my generation i joined the war effort. alt my path was forever altered. endi when the war ended, i believe i was suffering from ptsd. it was an act of congress that of allowed me and the veterans of my generations to buildd successful new kind of life. congress passed a g.i. bill and i say with certainty that it y would not be standing before youty today without the opportunity to me. g.i. bill gave me not only to

get an education, but to its structure and a path forward and a feeling that there is a way for me to help people. this proves to me that when congress acts responsibly itmerica. can build a better america. that is why when i was last with the opportunity to lead the senate committee on veteransnd affairs, i dedicated myself hoping our servicemembers and veterans and their families and work with my colleagues to v.a. extend va services and pass a new 21st century g.i. bill. moment to urge all of my colleagues and all of the incoming senators and representatives that they do

everything they can for veterans and their families because we asked to sacrifice so much for us. they put their lives on the line while their wives and husbands watched over their families. caring for them is one of the most sacred obligations as a nation and not everyone on the front lines making our nation stronger wears a uniform. in many critical fields, the federal government struggles to compete with the private sector to recruit and retain the skilled people our nation needs. experts in cybersecurity and

intelligence analysis, doctors and nurses to care for our wounded warriors accountants to protect taxpayers during billion-dollar defense acquisitions these are just a few examples. after i leave the senate, it is my hope that other members will continue to focus on making the federal government an employer of choice. we need the best and brightest working for our nation. the work of the united states congress will never end but careers come to a close. like the great men whose names are etched here in this desk, i am humbled to know i have left my mark on this institution.

i'm proud to be the first native hawaiian ever to serve in the senate just as i am so proud to be one of the three u.s. army world war ii veterans who remain in the senate today. the united states is a great country. one of the things that makes us so great is that though we have made mistakes we change, we correct them, we right past wrongs. it is our responsibility as a nation to do right by america's native people. those who exercise sovereignty on lands that later became part of the united states. while we can never change the past we have the power to change the future.

throughout my career, i have worked to ensure that my colleagues understand the federal relationship with native peoples and its origins in the constitution. the united states policy of supporting self-determination and self-governance for indigenous peoples leads to native self-sufficiency, resulting in our continued ability to be productive and contribute to the well-being of our families, our communities and our great nation. that is why i work to secure parity in federal policy for my people the native hawaiians. the united states has recognized hundreds of alaska native and american indian communities. it is long past time for the native hawaiian people to have the same rights, same

privilege, and same opportunities as every other federally recognized native people. for more than 12 years now i have worked with the native hawaiian community and many others to develop the native hawaiian government reorganization act which has the strong support of hawaii's legislature and governor as the best path forward towards reconciliation. my bill has incurred many challenges but it is right, it is long overdue. although i will not be the bill's sponsor in the 113th congress it will forever bear my highest aspirations and heartfelt commitment to the native hawaiian people, the

state of hawaii, and the united states of america. i know i'm just one in a long line working to ensure that our language our culture and our people continue to thrive for generations to come. hawaii has so much, i believe to teach the world and this institution, and congress and in our nation, we are truly all together in the same canoe. if we paddle together in unison, we can travel great distances. if the two sides of the canoe paddle in opposite directions, we will go in circles. i urge my colleagues to take this traditional hawaiian symbol to heart and put the american people first by working

together. i want to say mahalo maa loa thank you very much to my incredible staff. after 36 years there are far too many individuals to name, so i will just thank all of my current and former staff members in my senate and house offices and under my committees, including indian affairs veterans' affairs and the subcommittee on oversight of government management, the federal work force and the district of columbia. i want to thank the hundreds of employees who work for the architect of the capitol and the sergeant at arms. without the hard work they do every day we could not do what

we do in the senate. mahalo, thank you 0 the floor and the leadership staff as well i also want to thank chaplain barry black who has provided me so much guidance and strength and has done more to bring the two sides of the chamber together and find common ground than just about anyone. and i want to thank our colleagues who join together every week for prayer breakfast and also bible study as well. and all of these have helped to shape me in the things that i do here. and there is no one i owe more to than my lovely wife of 65 years, millie.

she is literally there for me whenever i need her. nearly every day that i've served in the senate for the past 22 years millie has come to the office with me. she makes me lump, she keeps me focused and she makes sure i know what is happening back home. she means the world to me. every honor i've received belongs to her and to my family my children, my grandchildren and great grandchildren. this speech is their farewell speech too. so mahalo, millie and my family. in life there are seasons.

while leaving congress is bittersweet, i am looking forward to spending more time with our five children, getting to know our 15 great grandchildren and can you believe this, we are expecting our 16th great grandchild next year. i will b dan not studes .. up-and-coming leaders and visiting places in hawaii that i have worked for over my career. my goal was to bring the spirit of aloha to our nation's capital in everything i do. in hawaii, we look out for one another, we work together, we treat each other with respect.

i hope i succeeded in sharing a little bit of hawaii with all of you. as i come to the end of 22 years in this chamber and a total of 36 years serving in congress, i offer my profound gratitude and humble thanks to the people of hawaii for giving me the opportunity to serve them for so many years. it truly was the experience of a lifetime. all i ever wanted was to be able to help people, and you gave me that opportunity. so mahalo nui loa.

in hawaii we don't say goodbye. we say until we meet again. although i'm retiring, i see this as the start of a new chapter and new season. and i am blessed to have made friendships and partnerships that will last forever. god bless hawaii, god bless the united states of america with the spirit of aloha. 2010 until the last day that i served in this great chamber which is a month shy of three years serving, i still say

and believe aside for my marriage to my my wife gail of 26 years in the birth of my two children a lot and arianna, serving in that greatest deliberative body for the commonwealth of massachusetts and the people seat has been the greatest honor i've ever had in my life so i want to thank the people of massachusetts for that opportunity. to think that someone like me whose parents were married and divorced for times each and lived in seven houses by this time he was 18 and was subjected to various forms of abuse when he was growing up still has the honor took serve in one of the greatest delivered of bodies in the world is something else and not forget. to the young people that are sitting here and who may be watching, take it from me that in this country, even when it seems you are fighting against all odds anything is possible for you. there are no obstacles that cannot be overcome so do not give up and always follow your dreams. as i have said before, a person

has no business in politics unless they respect the judgment of the voters and if you run for office, you have got to be a will to take victory or defeat in a gracious manner. i do respect the judgment of the voters. i accept their decision in this election with the same attitude and sense of appreciation that i held when i arrived here in this chamber almost three years ago. when i was sworn and i was the 1914th senator accepting the oath of office by signing writeup of the clerks table and there were many senators that served before me and there will be many senators that serve after my service is over. my name is listed among them is very very humbling. to all the people of massachusetts i greatly appreciate the confidence that you placed in me for the past three years and allowing me to represent you in the united states senate. to my colleagues, i want to

thank you for the courtesy and friendship that you afforded me during my time here. when i write here i promised i would read the bills and see how they affected massachusetts, see how they affected our country and an independent mayor based on the merits of that issue rather than political partisan politics. i'm proud that i did keep that promise to be independent and i'm proud of my voting it has identified me as the second-most bipartisan senator in the united states senate as referenced by "congressional quarterly" and i was named as the least partisan senator in the united states senate by washingtonian magazine. independent and bipartisan approach provided me with an opportunity to stand with the president and the white house on three separate occasions in the past two years to see bills that i have either sponsored or played a key role in securing their passage into law. i was honored to work with many of my colleagues that are here today and many who are listening

on both sides of the aisle on legislation that was signed into law to move our country forward, including banning insider trading by members of congress. i know madam president he played a key role in that as well. the higher hero veterans bill to help our veterans who are fighting for jobs giving them opportunities to be hired by employers were looking for those euros. the crowd funding legislation which will help young entrepreneurs get access to net capital and create jobs something i hope the sec will immediately come up with a rule so these people can start creating jobs and raising money. legislation to reform wall street. when i was the deciding vote to strengthen our country's financial system legislation to eliminate and owners 3% withholding tax, a tax that would affect government contractors. legislation to ensure that our fallen heroes received the dignity and respect they raised

deserve at the arlington national cemetery and that is something now that is also fixed and many many other congressional actions that have made a difference not only in massachusetts but in this great country. these were all shared successes but i was proud to be part of each and every one of them. i have always said that in order to do our business as our country's leaders, we must do our work in a bipartisan bicameral manner to ensure that the actions taken by the congress benefit all americans, not just those of one political party or one political ideology. during my time here and now as i am leaving a i have been and still am chiefly concerned about the lack of bipartisan efforts to solve our country's most pressing economic challenges and in turn move our country forward. many times political party in personal gain is put before the needs of our country. i know we can do it better. the american people expect us to

do a better and as i leave i challenge the leadership on both sides of the aisle to make the process more open and transparent. i challenge members to work with each other in a more open and honest manner and i challenge the president and congressional leadership to work together immediately to address the concerns and needs of our country because after all we are americans first and our country deserves better. in closing, i see my staff here many of them here from the beginning that came from applicants of over 4000 for a select few jobs and i want to thank my chief of staff and each and every one of the staff for the amazing work that they have done and the really interesting times you come here as the 41st are the 60th senator and have the media scrutiny and all that commentary from every special interest group around the country in the middle of a

senate that was gridlocked and to come here and have an opportunity to make a difference and do well without making any mistakes is something i think benefited massachusetts but also benefited this great country or go to love for the debate to resume once again to eliminate a supermajority so one side could ram through things that the other side had no involvement in. that is not what our country is about. that is not what this chamber is about. we deserve better. the people of massachusetts and the people of this country deserve better and they deserve to have their voices heard. every person in this chamber has one vote and to think that one side or the other depending on who is in charge is going to stifle that one senator from whatever part of the country to let he or she have their moment to express their views on something that's important to them and their constituencies to shut that off and put your thumb on it is not the way we should be doing it here. i am deeply concerned about any changes in the rules that are

being proposed to eliminate the ability for both sides to do battle in a thoughtful and respectful manner. if you seen the movie lincoln, you siphoned back then they were rallying for months at a time one way or another. since when is it been that been a problem to actually have vibrant debate in the united states senate in this great chamber? since when? what is everybody scared about? i don't understand that so i'm hopeful. i'm hopeful that the leaders will come together and recognize that we need to continue to have that vibrant debate. that is what makes this chamber so unique than any other chamber throughout the world, any other government, any other form of government around the world or go to take that away and limit it i think it's a big, big mistake. so i want to say thank you obviously to the people of massachusetts to entrusting me to serve in the people seat for the past three years and i want to thank my colleagues who were here and i've had some great

friendships and opportunities to work with. as i said many times before temporary -- defeatist temporary. depending on what happens and where we go all of us we may honestly meet again but i'm looking forward to continuing on with those friendships and continuing on working with myngsnd staff and i want to thank you for the opportunity to speak today and i yield the floor. ch >> mr. presidentai by fourth andnaler final term as united states senator will soon come to an end i reflect on that reality, i am of course filled with many emotions but the one that i feel most is gratitude. gratitude first to god creator of life and law whose -- without whose loving kindness nothing would be possible. gratitude to america this extraordinary land of opportunity which has given someone like me so many

opportunities. gratitude to the people of connecticut who have entrusted me with the privilege of public service for 40 years the last 24 in the united states senate. gratitude to my senate colleagues whom i've come to know as friends and with whom it has been such an honor to serve. gratitude to all the people without whose help, hard work and support i never would have made it to the senate or stayed here. the gifted and hardworking staff in connecticut and washington who supported informed and enriched my service here, and the volunteers in my campaigns who gave so much and asked for nothing in return except that i do what i believe was right. gratitude to all those who labor out of view in the corridors of this capitol building, from the maintenance crews to the capitol police and everybody else

anywhere in this building, thank you for keeping our capitol running and keeping us safe. and gratitude, most of all, of course to my family for the love support and inspiration they have given me every day of my life. my parents grandparents and siblings, my children and grandchildren, and hadassah, my wife of almost 30 years now the love of my life who has been my constant companion supporter and partner through this amazing adventure. and so i want to begin this farewell speech by simply saying thank you all. i have a lot to be grateful for. but, mr. president being a senator -- and since this is my farewell speech, i do have a few more things i'd like to say. i am leaving the senate at a moment in our history when america faces daunting

challenges both domestic and foreign, and when too often our problems seem greater than our government's ability to solve them. but i can tell you that i remain deeply optimistic about america's future and constantly inspired by the special destiny that i'm convinced is ours as americans. my optimism is based not in theory or hope but in american history and in personal experience. i think particularly about my time in public life and especially the changes that i have witnessed since i took the oath of office as a senator on january 3, 1989. the fact is that over the past quarter century, america and the world have become freer and more prosperous. the iron curtain was peacefully torn down, and the soviet empire

defeated. the eternal values of freedom and opportunity on which america was founded and for which we still stand have made global gains that were once unimaginable. we have seen the spread of democracy from central europe to southeast asia and from latin america to the middle east. hundreds of millions of people have been lifted out of poverty in places like china india and just about every other corner of the globe. and technological advances have transformed almost every aspect of our daily lives. when i started here in the senate, a blackberry was a fruit and tweeting was something only birds did. no more. none of these extraordinary developments happened by accident. in fact, to a significant degree i would say they were made possible by the principled leadership of the united states,

by the global economy and international system that america created with our diplomacy and protected with our military, and by the unique culture of freedom innovation and entrepreneurship that flourishes in our country and that remains the model and inspiration for the rest of the modernizing world. we have every reason to be proud of the progress of humanity that has happened on america's watch. and here at home to be grateful for the countless ways in which our own country has been benefited in the process. we live in a world whose shape and trajectory the united states more than any other nation is responsible for. it's not a perfect world i know that but it is a better world than the one we inherited and in my opinion, it is actually in so many ways a better world than

has ever existed before. here at home over the past quarter century, we have moved closer to the more perfect union our founders sought, becoming a more free and open society in ways i would guess those same founders never could have imagined. barriers of discrimination and bigotry that just a few decades ago seemed immovable have been broken and doors of opportunity have been opened wider for all americans, regardless of race, religion gender, ethnicity sexual orientation age or disability. during my time here in washington, we have had our first female secretary of state nominated and confirmed and our first african-american president elected and re-elected. it will forever remain one of my deepest honors that thanks to vice president gore i was given the opportunity to be the first jewish american nominated by a major political party for

national office. and incidentally, thanks to the american people, grateful to have received a half million more votes than my opponent on the other side, but that's a longer story. so while there is still much work to do and many problems to be solved, i believe we can and should approach our future with a confidence that is based on the real and substantial progress we have made together. what's required now is to solve the urgent problems we still have and what's really required to do that is leadership, leadership of the kind that's never easy or common but which we as americans know we can summon in times of need because we have summoned it before. today i regret to say as i leave the senate that the greatest obstacle that i see standing

between us and the brighter american future we all want is right here in washington. it's the partisan polarization of our politics which prevents us from making the principled compromises on which progress in a democracy depends and right now which prevents us from restoring our fiscal solvency as a nation. we need bipartisan leadership to break the gridlock in washington that will unleash all the potential that is in the american people. and so i would respectfully make this appeal to my colleagues, especially the 12 new senators who will take the oath of office for the first time next month. i know how hard each of you has worked to get elected to the united states senate. and i know that you work so hard

because you wanted to come here to make a difference for the better. there is no magic or mystery about the way to do so in the u.s. senate. it requires reaching across the aisle and finding partners from the opposite party. it means ultimately putting the interests of country and constituents ahead of the dictates of party and ideology. when i look back at my own career the legislative achievements i'm proudest to have been part of, like passing the clean air act in 1990, stopping the genocide in the balkans creating the 9/11 commission and the department of homeland security, reforming the intelligence community reorganizing fema and refeeling don't ask, don't tell, all were achieved only because a critical mass of democrats and republicans found common ground. and that is what is desperately

needed in washington now to solve our nation's biggest problems and address our biggest challenges before they become crises or catastrophes. our future also depends on our nation continuing to exercise another kind of leadership, and that is leadership beyond our borders. this too has never been easy or popular. americans have rarely been eager to entangle ourselves abroad, especially at times when we have faced economic difficulties at home as we do now there has been the temptation to turn inward to tell ourselves that the problems of the world are not our responsibility or that we cannot afford to do anything about them. in fact, the prosperity, security and freedom of the american people depend more than ever before on what's happening in the rest of the world and so too does the rest of the world depend especially on us.

i know we can't solve all of the planet's problems by ourselves nor should we try but the fact is that none of the biggest problems facing the world can or will be solved in the absence of american leadership, and here, too, i appeal to my senate colleagues and again especially those who will take the oath of office for the first time early in january. do not listen to the political consultants or others who tell you that you shouldn't spend time on foreign affairs or national security. they're wrong. the american people need us, the senate to stay engaged economically diplomatically and militarily in an ever smaller world. do not underestimate the impact you could have by getting involved in matters of foreign policy and national security. whether by using your voice to stand in solidarity with those

who are struggling for the american ideal of freedom in their own countries across the globe or working to strengthen the foreign policy and national security institutions of our own country or by rallying our citizens to embrace the role that we as a country must play on the world stage as both our interests and our values demand. none of the challenges we face today in a still dangerous world is beyond our ability to meet. just as we ended the ethnic cleansing in the balkans we can stop the slaughter in syria. just as we nurtured the democratic transitions after communism fell in central and eastern europe, we can support the forces of freedom in the middle east today. and just as we were able to prevail in the long struggle against the soviet union during the cold war we can prevail in the global conflict with islamist extremism and terrorism

that we were forced into by the terrorist attacks of september 11 2001. but all that, too will require leadership in the united states senate. it will require leaders who will stand against the siren song of isolationism, who will defend our defense and foreign assistance budgets, who will support, when necessary the use of america's military power against our enemies in the world and who will have the patience and determination when the public grows weary to see our battles through until they are won. mr. president, i first set foot in this chamber almost exactly 50 years ago, in the summer of 1963. enfired like so many of my generation by president john f. kennedy and his call to service. i spent that summer right here

in the senate as an intern for my home state senator abe ribakov. he was and remains a personal hero of mine. and although i never would have admitted so publicly back then because it was so presumptuous i came away from that experience with the dream that i might someday, somehow return to serve in this place. well, i have been blessed to live that dream and that is what america is all about. we have always been a nation of dreamers whose destiny is determined only by the bounds of our own imagination and by our willingness to work hard to realize what we have imagined. indeed long before the united states came into being as a government of institutions and laws, it was a dream a dream an an implausible and animated

dream of a country not defined by its borders or its rulers or the ethnicity of its founders but by a set of eternal and universal principles that life, liberty and the pursuit of happiness are god's endowment to each of us. that was the dream that gave us our existence and our purpose as a nation, and it is the dream that for more than 200 years through every passing generation, has been reinventing, renewing, enthralling and surprising us, the very dreamers who are living that dream. i leave this chamber as full of faith in the dream called america as when i stood here nearly a quarter of a century ago to take the oath of office for the first time. and as when i first came here nearly a half century ago as a 21-year-old, the grandchild of four immigrants to america the son of wonderful parents who never had the opportunity even to go to college but made sure

that my sisters and i did and gave us the confidence to pursue our dreams which was their american dream for us. america remains a land of dreams and a nation of dreamers. i know that my own story repeats itself today in millions of american families and their children and as long as that is so, i know that our best days as a country are still ahead of us. and so, mr. president, i will end my remarks today where our country began a long time ago -- with a dream and a prayer that god will continue to bless the united states >> you don't find many newspaper editors investigating

reporting. it's not just economics. is the discomfort that investigative reporting often causes in the newsroom, because it's troll some and it's that more than the economics. if you're going to ruffle the feathers of somebody powerful that gets people running in to complain to the publisher and there are stories about those kinds of things happening. donna and i were fortunate through the 70s and almost all of our careers to work for people who were strong and upright in that area and to let the chips fall where they may.

>> roger williams was a member of the clergy and was also incredibly trained and learned in civil law and actually worked for sir cook in the british parliament in the chamber. we see a lot of his ideas of civil law and separation of church and state to be articulated in text like this. and it is the famous persecution this is really where we see roger williams talking about the idea of liberty and the freedom of religion. he is very much showing at this point why he is different and why his thinking is different by we are different from massachusetts and the other colonies to the north. he was creating a land where people could calm could worship as they chosen would always be protected at the civil law, and this did not of course sidwell

with england or with massachusetts. by an act of british parliament all of the copies of this book were sent to be burned. luckily not all of the more. this copy is not in we are able to show that to people today. >> coming up on a special weeknight edition of booktv, author david talbot talks about san francisco in the 16 70's and 80s.