tv Supreme Court CSPAN December 31, 2009 8:00pm-10:00pm EST
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>> all this week on c-span, and look inside america's highest court. we spoke with the nine supreme court justices about the role in the history of the supreme court. coming up next, our interviews with associate justices antonin scalia and ruth bader ginsburg. and a look at the life of abraham lincoln. . .
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he talks about how the court to reaches decisions on cases and the attorneys to come before the court. we spoke with him in the east conference room in the supreme court building. >> antonin scalia , would you explain what the role and responsibilities of a justice this? >> to try to come out of the right way on cases that the
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court has agreed to hear. also, and this is the only respect which the job differs from an appeals judge, to decide on what cases the court should agree to hear. essentially, there are two functions. you have to decide what to put on our docket. secondly, what is on their docket to try to get it right. >> what role do you see the supreme court playing in society today? has it changed over your tenure? >> it is the same role that has always played. i do not know if it has changed. it is to give an honest interpretation to the meaning of dispositions of the people have adopted.
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we are not pushing the size city -- the society ahead. but what you like best about the job? >> what i like best? i like figuring out the right answer to legal questions, believe it or not. not everybody does. some people will bust to become a judge find a job for the quite unsatisfying when they get there. you have to have a rather warped mind to want to spend a life of figuring out the answer to legal questions. it is a very isolated java. the only time you see any connection with your workout is
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when you are listening to outside opinions. it most closely resembles the work of a law professor. that is what i was before i was here. >> i am no more unhappy than i was the 4. >> after two decades of doing it, is their job you like to pass on to somebody else to do? >> undoubtedly, to my mind, the most onerous and often vicious in part of the job is and on interesting part of the job is dealing with the circuit. they have increased enormously in the time that i have been here. when i first arrived, it was something like 5000 a year.
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now it is approaching 10,000. everyone exemption we have to consider. we have to read the summaries. their 10,000 of those eight years. that is not a lot of fun. >> with the increasing number of petitions, but only a 400 cases a year? >> less than that even. we of an averaging 75 recently. it is not out of line with what other supreme court do. i think we could do more than 75. we can do 100 well. i do not think we can do what we were first doing, 150. i do nothing we can do 150 well. whu?
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-- why? your guess is as good as mine. if i had to guess, i would say that what is happened is, in my early years on the court, there is a lot in major legislation that have been inactive. there is a major new legislation. new legislation is the principal generator. this is our main job. we do not keep -- take cases because they were decided wrong fairly -- the analysis of the
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piece of legislation. it is a legislation that is a major impact on the society. but doesn't affect the decision process? >> not mine. i put as much blood sweat and tears on the little cases as the big ones. you not want to know the hardest cases on the bench. it is very hard to figure out. there is no relationship with how important it is and how hard it is. >> can you tell me now you have described it? >> we heard so much about clerks. i like to ask you about their role and what you do. you had had many over the years.
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we have an annual clerks reunion every year. it is good to see them. it is one of the most enjoyable parts of the job. their enthusiasm more -- it rubs off on me. you really become very close. they go off. it is like acquiring for you can -- for new nieces and nephews, none who will be a failure. they go up to two significant things. it is fun to follow their later careers. >> you do, in fact. >> sure. >> how do you use them in their jobs? >> i can say how i do.
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what i do is not what others do. i let them take the cases they want to work on. it is like an nfl draft. they have first and second pick. they are likely to do the best work on the cases they are most interested them. they did the of the cases. i usually discuss the case very briefly. after argument, i sit down with that clark. the other three know something about the case. we could get a round for as long as it takes. it could be an hour. if i happen to be assigned the opinion, for the descent, the clerk will do a first draft of that.
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they will write it out. i will put it up on my screen and take it apart and put it back together. i tell them that their unions, i am in debt it to my law clerks for a lot of the quality of the war. i could not do as well without the assistance of brilliant young people. >> in the week when the court is in session, how many hours to use the index -- >> you do not have to be here to be working the i think some judges do only come into court when there is oral argument. i could do this job from home. the main thing it would deprive me of it is consultation with my
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law clerks. it would deprive them of my company, too. i do like to comment. it has no relationship to how many hours i am putting a better. >> is there ever a break in the summertime? >> the summer time is great. the only work we have to do over the summer is stay on top of some petitions, because there is a monster conference at the end of the summer to vote on all the serb petitions that have accumulated over the summers. you have to stay on top of them. that is a manageable job.
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it used to be deserted. there is nobody here in july and august. you have to regenerate your batteries. >> he mentioned the court has retained some of the traditions of the other branches used to have. the courts also are well known for many others. was writing down a few that came to mind. the institutions in the courtroom, i wondered why they matter to the process.
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>> i think traditions define an institution. an institution is respected when it is venerable with institutions. the court has been here doing this job for 220 years. it reminds people of that. i do not think it creates the repeal could be wearing tank tops, but i do not think it creates the type of job for the country. >> your earliest chief justice depicted they did not aware of the robes.
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it began around [unintelligible] ]john j, over your right shoulder, was the first chief justice. that is before 1800. in a portrait he is wearing a glorious wrote. -- robe. what you tell me is news to me. >> what is the symbolism behind the road? why is it important for members to continue to wear them? we do this work on this glorious building that you are trying to have this conversation in. what did the robes in part
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is the significance. it is the importance of what goes on here. it is nothing new. public buildings do not always look like that. it should not. >> they called it the symbol of the american judicial process. when you come to work here, are you conscious of that? >> conscious of? >> it being a symbol? >> i cannot say it is in the middle of my mind. i am usually the need the whatever case i will be working on. you get used to it. you get to take stuff for grante you should not.
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the reason the building is here because of the audience chamber. that is the center of the court. >> let's talk about what goes on in that room. can you talk about how you use oral arguments and why, when there is so much paper on making all of the cases, oral argument is even needed? >> i read a 60 page brief by the respondent, a 40 page reply brief, and another by the
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solicitor general. sometimes dozens of brief, not all of which i will read, i have underlined significant passages. i have written at best nonsense in the margin. what can somebody tell me in half an hour that will make a difference? the answer is that it is called require. you can convey the relative importance. say you have four points and one
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of them is very complicated. it is not your most important one. if i read your previous week ago, i have a misperception of the nature of your case. you can set that right in oral argument. they are often, that their point is difficult. it may be the first one new address in your brief. that to be the logical order. you do not the jurisdiction less. that is not your strongest point. we have five wins in the breed. we think they are all worth your attention. this can make a difference. debrief cannot answer back whenever i nansen's in the margin.
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you'd be surprised how much clothing can be done in half an hour. >> what is the quality? >> two cheese, chief justice burger used to complain about the low quality of council. i used to be disappointed that so many best minds in the country were being devoted to this enterprise. why are they out in getting the automobile?
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they do not do anything. they enable people to producing go on with their lives. they appear here in the court. some will only argue here ones. i am using impressive how good they are. -- usually impressed with how good they are. i do not have any complaints about the quality of except maybe we are wasting some of our best minds.
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i think law clerks spend enormous amounts of money to get the very brightest. that amount of difference is worth it. the law is so complicated and complex. the legal system probably should not put it on there. it does. our lawyers are really good. i think lawyers are generally pretty smart people. >> can you talk about conflict and how it worked? >> i cannot talk too much about i can tell you that we sit down together. there is nobody else in the room. i am not giving away anything, because they voted book about the court. he is the knowledge that conferences are probably a misnomer.
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it is not an occasion on which we tried to persuade one another. very few minds are changed at conference. it is each justice state his or her view of the case. it in the middle a summons presentation you disagree with something that that person says, if one john stevens is speaking, he says weight -- why do you say that? it would not happen. the chief justice would say that you are going to have your term. -- turn. at the end you can speak a second time and raise these questions. it is not really an exercise in persuading each other. it is an exercise in staking your views. the rest of us take notes.
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that is the function. you know how to write it in a way that lets -- that will get these four other boats. that is the principal function. >> with regard to the opinion, they work very hard for the distribution. you said earlier that they do the best jobs. are you able to lobby if your interested? >> i have not done that. i could if i wanted to. on very rare occasion have i said i would like that case. i beg you not more than three times the whole time i had been on the court. now i pretty much take what i am given. both of the cheese that i served under have tried to be fair. they have given new good ones and dogs. and sometimes they think it is a good opinion and it is not you
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think is a good opinion. one justice used to love fourth amendment cases involving searches and seizures but of i just hate fourth amendment cases. i think it is almost a jury question. i do not consider it a plus. plum. it he gave you that, he thought he was entitled to give you a dog. i did not much like that. >> you are a writer. >> i have written two books. >> writing is something -- >> you do not want to be a judge if you are not good at writing. >> at this part in the process, do you enjoy the riding of opinions?
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>> i do not enjoy writing. i enjoy having written. i find writing a very difficult process. i sweat over it. before the opinion goes out, they say let me read it one last time. every time i read it i will builchange it. it has to be taken from my grasp and sent to the printer. i am not a facile writer. i think writing is a job that is where the time you spend on it. >> has technology made the process easier? >> we had word processors when i arrived. i cannot say it made it easier. i had word processors when i was
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a law professor. that certainly makes the job of writing, especially writing when you are editing somebody else's first draft, enormously more simple. you cannot have to write little balloons. you just highlight the part you want it taken out. it is gone. then he put in the new part. it is in. it makes it a lot easier. >> when you strongly disagree with someone, how do you keep the opinions from being personal? >> it is the argument and not the person. it is one that is addressed of the person fro. i feel justified in wacking the argument as hard as it deserves. that is not impugning the individual that may be arguing.
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>> to have a preference for writing the majority or dissent? >> of course. i always want to write the majority. why would you want to write a descended? but the challenge? >> descents are more fun to write. when you have the dissent, it is yours. you say what you want. if somebody does someone to join, who cares. this is what i want to say. when you are writing the majority, you do not have that luxury. you have to crafted in a way that these four other people can jump on. it means accepting some suggestions, stylistic and otherwise, they did not think is the best. >> we have just a few minutes left. we are talking at a time when the court is about to stick of butte -- when the court is abouo
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[unintelligible] >> the court does not change at all. relationships have changed. you lose a friend. hopefully acquire another one. i will miss him a lot. he sat next with me for his told time on the court. he is always to my left or to my right. that changes. i miss a lot of my former colleagues on the court from byron wright to bill.
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that is the process. >> i think there have been rivals. -- have been new arrivals. is there an exclamation process? >> not really. it is the same job as being a judge on a lower court. you read the briefs. you hear the argument. you write the opinion. we have the added job of deciding what to decide. you take what ever they bring you. you have to. except for that additional parts, it is the same. there may be one other exception. on the lower courts, if there is a whole line of authority that
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he fundamentally disagree with, it does not make it easy. you follow it. you do not have to worry about whether it should be changed. on the highest court, if it is a stupid line of cases, it is your stupid line of cases. you have to decide if you leave it alone or if you refuse to extend any further or to try to get rid of the whole thing. you do not have to worry about that on the court of appeals. >> we are out of time set. for people for whom the supreme court is just an item in the newspaper, i wonder what you like to say to them about this place, how it functions, and what they really ought to know about the court. >> it is surely not a point distinctive to this court. it is a more general point that
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applies to this court and to all others. you really cannot judge the judges unless you know the materials that they are working with. you cannot say this is a good decision and this is a good court simply because you like the result. it seems to you the person who deserved to one of one. -- won, won. that is not the business we are in. we decide who wins under the law that the people have adopted. very often, if you are a good judge coming you do not really like the result you are reaching. he would rather the other side have one. it seems to you a foolish law. in this job, it is garbage in and garbage out. if it is a foolish law, you get a foolish result. is that your job to decide if it is foolish or not. that is the job of the people across the street.
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do not judge judges and a to take the trouble to read the opinion and see what provision that law were at issue and what they were trying to reconcile and whether they did an honest job of reconciling them. that is what counts. unless that is what you want your judges to do. you have a judiciary that is not worth much. you have a judiciary that is just making the law instead of being faithful to other what -- to what other people have decided. >> thank you for spending time. >> my pleasure. thank you. >> we will continue our supreme court interviews in a moment with a conversation with ruth bader ginsburg. for more information on the court, visit our web site. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2009] read about the history of the court and learn about the
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construction of the supreme court building. that is accurate c- span.org/superemecourt. now more information about our program. >> all this week, a rare clint's into america's highest court threw unprecedented accommodations. >> the most symbolic was sitting in justice marshall's chair. i took the car iboth on the bib. it was like history coursing through me. >> our interviews with supreme court justices conclude friday night it 8:00 p.m. eastern. the your own copy of the
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original documentary. justice ginsburg has served on the supreme court since 1983 after being nominated by president clinton. we spoke with her for about 35 minutes. >> we are with the justice ruth vader ginsberg in her temporary office. we will look at some of the items. the first thing i notice was this photograph.
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we welcome to the ambassador of russia, the ambassador of hungary, and then greeted the three supremes. we marched out into the stage. >> what about the gavels? >> they were given to me by various people. they have all have inscriptions. there is a photograph of there. that was taken in 1978. they are judging the court at the university of california berkeley law school. it is one of my fondest remembrances. he was still in very good health. >> when you work in an office
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like this, what atmosphere do you want? does it matter to you where you are we need to your writing and reading? >> am i to be an acquired taste. i like to have my law clerks at hand. in my regular chambers, all were inside chambers. now i have two that are in that office and tw downo the hall. it to be overlooking the courtyard. i'm not disturbed by demonstrators. >> what are these masks right here? >> these are from my first trip to china. this was in 1978 when china was barely set up.
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>> what about the photos? >> these are also from the 1978 trip to china. i was with the first american bar association. >> file is the only woman. -- china -- i was not the only woman. i had a row to my own throughout the trip. -- bain rooa room of my own thre trip. -- throughout the trip. >> this is center mikulski it looks like. >> yes. that was taken in 1993 when i was the new justice.
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it is my example of how well most things are. if you ask a guy in short, i say yes, compared to -- [unintelligible] >> where did you get this? >> this is made here at the court. all of the chambers have similar desks. the variations is that i have put a granite top on the desk. >> what kind of books and do you keep their on the shelf in front of you? >> books that i consult most
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of them. i have them into places. they are books. >> would -- what to be the books you referred to the most often? >> a toss up between these two . this one is the federal courts and the federal system. and a constitutional law case book. he produces it himself until two editions of cago when kathleen sullivan joined him.
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>> is this a book that all justices would have? i do not know that they would all to say more. >> it is one of the finest cases and all of law school. gerald duncan was my teacher at columbia. >> what do you remember most? >> his brilliance and humanity. >> you have a present corner. >> yes. >> how many presidents have you known? >> we start with jimmy carter.
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when jimmy carter became president, there is only one woman in this court in the entire country. jimmy carter was determined to change the u.s. judiciary. there is a photograph that shows president carter in october 1980 where he may have sent -- he held a reception for women he had appointed to the bench. he said that he hoped he would be remembered for changing the face of the u.s. judiciary. he chose people of the very best quality. after he set that back in, no
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president retreated from it until president reagan was determined to be the president who appointed the first woman to this court. he did. he made a splendid choice in sandra day o'connor. carter decided that the federal judiciary should draw on the talent of all the people of the great united states. >> what did you do in his administration? >> i was on the u.s. court of appeals for the d.c. circuit. >> before that, you have not had any government experience? >> before that, i have been lucky for 17 years. >> one of the things you talk
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about is the fact if you were before the court representing the -- >> representing a client. >> before we go back to the president, what is the difference between standing in front of the court and being on the other side? >> the difference is on the other side you ask the questions. being on the podium, you answer. >> from your own experience, had you treated the attorneys any differently because you had the experience originally? >> i think i have a keen understanding of what it is like to be on the receiving end of questions. i also know that, as an attorney, i welcome questions from the bench. and as some lawyers regard them
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as interruptions in eloquent speech. and as a kid wants to know what is on the judge's mind. -- an advocate want to know what is on the judge's mind. the judge might not resolve as well without counsel. but i have to ask about this picture. >> that is my husband of 55 years. use a professor of law at jonestown university. that is a typical post. here is on the patio. >> one of the things to talk about is his cooking. >> yes. he is the master chef in our house.
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30 years ago -- >> has ever cook for the court? >> yes. he is much in demand at the supreme court spouses. i may be a little biased, but i think he is the best. >> how did those functions work? but they just for the justices? >> the justices and spouses. we also regularly invited the widows' justices.
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>> who else do you want to talk about on this table? you have bill clinton, george w. bush, his father. >> condoleezza rice was thrown in as a secretary of state. she lived in the building where my husband and i lived. she is an accomplished musician. we were fortunate to attend one of her musical evenings. she called me and asked if i would administer the oath of office. i thought that was a great thing to do. it shows a bipartisan spirit. we are all proud to be servants
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of the usa. it should not matter that i happen to have been appointed to the bench by jimmy carter and president clinton, both the democrats. i thought that it was a very nice gesture on her part. >> who else on this table do you want to talk about? >> let's talk about this one. this is one of my three granddaughters. hillary clinton happen to be attending the nursery school attended by may 3 year-old
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granddaughter. they are doing the toothbrush song together. this picture was featured in the "new york post." when i saw it, i got a copy and sensitive my granddaughter who is not a teen-years old. i wrote "may you always know where to stand." >> who is this lady right here? >> that is my mother. perhaps the most intelligent person i ever knew. sadly, she died when i was 17. >> i read it she died the day before you graduate from high school. but right. >> what impact did that have on you in? >> it was one of the most trying times in my life.
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>> i have known justice scalia since the days he was a law professor. i was so taken by his wits and by his wonderful sense of humor. i heard a lecture that he gave. i disagree with multiple or did i disagreed with most of what he said. i love the way -- i disagreed with most of what he said. i loved the way he said. he is a very good writer. he cares about how you say. he is a very amusing fellow. when he said next to me, i would
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>> when i was in beijing, i admired path the robe that the judges for wearing. by the time i got to shanghai, they had made of a robe for me and presented it as a gift. both the war robes. this is the standard -- they both wore robes. this is the standard. the woman juror sitting back thought they -- in quebec thought they should enhance it
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with a lovely lace collar. the first thing we do is go around the room, each justice taking hands with every other. that is a symbol of the work that we do for the collegial body. you may be temporarily relieved because received an opinion from a colleague. when we get to sit on the bench, we look at each other, shake hands, and it is a way of saying we are all in this together. we care about this institution.
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they are keeping it in a place that it is, on a coequal third branch of government. i think it is a model for the world in the collegiality. >> when you are miffed about decisions, what do you tell yourself so you did not take it to dinner afterward or whatever? have you keep in on personal? >> you think first that there is another case ahead. it makes no sense [unintelligible] when you are working on an
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appellate bench, you are never making decisions alone. you always work with colleagues. you do your best in every place. when it is over, it is over. you do not look back. you just go on to the next case and give it your all. that is wonderful advice. do not worry over what happened. just go on to the next case. >> you gave a speech in boston earlier when you talked about the lighter side of the court, including the musical. explain that. >> justice harry blackmun who enjoyed the music festival in aspen, decided that we should have an annual musicale.
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now more than 200 -- not more than 200 people. each justice can buy up to six people. and it -- can invite up to six people. and leaders of the court's staff. for example, kathy osborne with whom you have worked. >> tell me what i should know about this court that would make it a better experience. what would you tell them? >> you'd be surprised about the high level of collegiality here. i believe we divided 5-4 and almost 1/3 of all the cases.
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one might get a false impression of that degree of this agreement -- disagreement. justice scalia once commented in his early years on this score, there was no justice with whom he disagreed more often than justice rennan -- brennan. yet justice scalia consider justice brennan his best friend on the court at that time, and he thought the feeling was reciprocated. the public would not know that from reading an opinion of dissent by scalia or the other way around. these were two men that genuinely liked each other and enjoy each other's co. >> when your on the bench looking out at the court, what do you see that
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we do not see. >> i see the magnificent proportions of the court room. and sometimes, i say to myself -- it is one of the most beautiful court rooms i have ever been in. >> you talk about the lunch is that you have. where they held? what is the atmosphere? >> they are held in the justice's dining room on the second floor. it is a beautiful room. very well furnished. the food, as i have said, is not exactly cuisine. it comes from the public cafeteria. they eat the same thing is that
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any visitor to the court might choose for lunch. >> do you have to go? >> is not obligatory, but we generally do. i try not to miss at lunch, because you might not know what the colleagues will be talking about. they might be talking about the case. i would not want to be absent from the discussion. so i can make my comments about it and listen to my colleagues. >> are there any symbols to the paintings of marbury at madison -- and maison? -- madison? >> it is probably the most important case of this court has ever decided. we have a responsibility not given the most judges in the world.
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judicial review for constitutionality. we interpret statutes, most of the time -- statutes most of teh time. -- the thiem -- time. all the people that serve government take an oath. at this court has the last word on what the constitution means. that is not the typical pattern in parliamentary systems where legislature will have the last word of what the fundamental instrument of government means. the idea of judicial review for constitutionality, i think, is implicit in the constitutional doctrine. john marshall made it explicit in the case of marbury against
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madison. >> let me ask you a couple of questions about the conference itself. explain that room, and what happens in the conference, and do as in their -- who is in there. >> we all have a particular seat. the chief justice at one head, the senior associate jsutice at t -- justice at the other. we will summarize the case and he will give his tentative you -- view. the rest of us will say what we think about the case. >> is there an argument that ensues?
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>> generally, there is limited argument. each justice speaks, and there will be some conversation. after we have talked for several minutes, it will all come out in the riding. it will come out in the writing. what this court produces is the opinion of the court. you're not writing just for yourself, you're writing, hopefully, for the entire court. at least for the majority. you have to take into account what they think. we don't have any observers in the conference room.
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and no one can into the room who is not a justice, secretary, or law clerk. not even a message there. it is strangely old fashioned to most people. he will not see a laptop. notes are taken by each justice and given by hand. the conferences are not recorded. it is a private conversation among the justices about the case. what the public will see, eventually, is an opinion with reasons. the discipline that a judge follows and what makes judges on like legislators, we don't just say that we vote, we have to
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give reasons for every d ecision we make. in the process of stating reasons, you begin to say, am i right? did i overlook this question or that question? not often, but sometimes, a justice will say that this opinion will not write. i was wrong at the conference. i moved to take the other position. that justice will notify the rest of us. we will either agree or disagree, and they will end up writing for the majority. if we don't, we write the di ssent. the converences -- conferences,
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they ar what you would see in most -- they are what you would see and must appellate courts. it is easier to have a conversation among three that among nine -- than among nine. they do not want to hear a long speech from you. we speak, as i said, and seniority order. this term, i am number seven. next term, i will be no. 6. it is great to go first, because you can tell the rest, and a persuasive statement, what you think of the case. when you are on the end of that queue, you have the advantage
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of knowing what the others think. you can incorporate what they have said in your own statement about how the case should come out. >> thank you, justice ginsburg. >> all this week, a rare glimpse into america's highest court. 10 supreme court justices. >> the most symbolically meaningful moment for me during my public investiture was sitting in justice marshall's chair and taking my oath with my hand on justthe bible. it was like history coursing through may.
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>> it concludes friday night with associate justice sowed a mile or -- sotomayor. you can get a documentary on dvd, part of c-span's american icons connect -- a collection. one of many items available at c-span.org/store. >> you can hear the interviews again tonight at midnight eastern. we're celebrating the 200th anniversary of lincoln's birth. and later, finance campaigns and planning.
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we will talk about immigration on "washington journal." dust from the center for immigration studies will join us. prof. anthony clark arend is our guest. "washington journal" begins every morning at 7:00 a.m. eastern. >> after a while, it really sinks in. it is gone. that hurts. >> this week, lesley and andrew cockburn on "american casino." sunday night at 8:00.
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>> now to the capital for congressional birthday celebration for abraham lincoln. the nation celebrated the 200th birth in february. president obama, nancy pelosi, and dick durbin all spoke. it was created by act of congress in 2000. this is about one hour. >> mr. president and the guests, welcome to the capitol rotunda as we observe the bicentennial of the birth of our great president abraham lincoln. we are honored to be joined today by the president of the united states, president barack obama. [applause]
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this commemoration of the life and legacy of our sixteenth president. during the bicentennial celebration of his birth. we knowledge -- acknowledge that you gave our nation the gift of gilbert -- abraham lincoln. you brought him from humble beginnings to become one who would transcend the flawed thinking of his time. and eventually conclude that in justice anywhere -- injustice anywhere threatens justice everywhere. you helped to grow and embrace the promise that all people are created equal.
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the experiment of democracy could indoor -- endure. he strengthened him with the moral courage to keep liberty's lamp burning during a time of national [unintelligible] lord, inspire us to folow his footsteps. until justice rolls down like waters, and righteousness like a mighty stream. we pray in your merciful name, amen. >> please be seated. ladies and gentlemen, the president of the united states. [applause] >> thank you.
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thank you. please, be seated. thank you very much. madame speaker, leader reid, members of congress, dear friends, former colleagues. it is a great honor to be here in the place where lincoln served, was inaugurated, and the nation that he saved bid him a last farewell. as we mark the bicentennial of our 16th presiden't birth, i have learned a lot about the life and works of many those -- like many of those speaking today. in some ways, it made my own story possible.
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-- in so many ways, it made my own story possible. in some anyways, it made america's story -- so many ways, it made america's story possible. it was here in the rotunda where union soldiers received help from a makeshift hospital. it was downstairs in the basement. the baked bread to give them strength. it was in the senate and house chambers where they slept, and spend some of their days. what those soldiers saw when they looked on this building was a very different site than the one we see today. it remained unfinished until the end of the war.
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belabors the bill to the dawn came to work won during each day whether it would be their last. whether the metal they were using would be requisitioned for the war and about the down in the bullets' -- and melted down into bullets. no orders came. they kept on working and building. when president lincoln was finally told of all the metal being used here, his response was short and clear. that is as it should be. the american people needed to be reminded that even in a time of war, the work would go on. people close the business would continue. even when the nation itself was in doubt, the future was being secured. on that distant day when the guns fell silent, the national capital had stayed. the statue of freedom at its peak.
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its symbol of unity. that is still mending its divisions. it is this sense of unity. the plan of a shared future. even in a moment where our nation was torn apart, i reflect on it today. there are any number of moments that reveal a particular side of this extraordinary man, abraham lincoln. that aspect of his leadership. there is one i would like to share with you today. the final weeks aboard the flagship, president lincoln was asked what was to be done with the rebel army's wants a general lee surrendered? with victory at hand, he could have sought revenge. he could have forced the south to pay a steep price for the rebellion. but despite all the bloodshed and all the misery, each side
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had exacted upon the other -- despite his absolute certainty in the rightness of the cause of ending slavery, no confederate soldier was to be punished. they were to be treated libri all-around -- liberally all around. he wanted troops to go back home and return to work on farms and in shops. he was even willing to have the horses to plow and the guns to shoot grows with -- crows with. that was the only way lincoln new repair the rifts. it was the only way to begin the healing that our nation so desperately needed. what lincoln never forgot, not even in the midst of civil war, was that the -- and despite all
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that divides us. north and south. a black-and-white. we were at heart, one nation that could bend but would not break. even as we meet here today, in the moment where we are far less divided than in lincoln's day, but once again debating the critical issues of our time. in debating them sometimes fiercely, let us remember that we're doing it as servants of the same flag. as representatives of the same people. stakeholders in a common future. that is the most fitting tribute we could pay. the most lasting monument we can build. to that most remarkable of men. abraham lincoln. thank you. [applause]
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commission and has done a great job of bringing us to this day. thank you so much. [applause] my fellow co-chair will have a few words to remark later. i want to take just a moment to acknowledge the commission, because they have worked so hard to make it memorable in the eyes of the nation. the daughter of former u.s. senator paul douglas, honored to have you with us. [applause] darrel bigham from the state of indiana. our friend from the state of pennsylvania. my friend jim that will speak a little later. john from indiana, think -- joan from indiana, thank you.
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the honorable jesse jackson that will be part of the program little later. louise taper of california, as well as tommy turner of kentucky. and the former chief justice of the supreme court of rhode island, frank williams. [applause] i also want to thank my fellow colleagues in the senate for coming here today and speaking. we're so proud of president obama and all that he has meant to our nation. we celebrate that great inauguration. across the street is the library congress that is taken care of. it is a good place for a lincoln exhibit. that is where lincoln used to stay in the boarding house when he was a member of the house of representatives. in the treasures that you will
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find at the library of congress, you will find lankan's on handwritten copy of his second inaugural address lincoln's own handwritten copy of his second inaugural address and his arithmetic book. little abraham lincoln would become america pose the greatest president wrote this poem. abraham lincoln, his hand and hand, he will be good, but god knows when. when he died at age 56, the last casualty of the civil war, abraham lincoln had achieved not only goodness, but greatness. he used his hand and pen to produce some of the most beautiful and haunting words of the english language. in our darkest hour, he preserve the union. -- preserved the union.
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and the idea that all men are created equal. he asked union soldiers to stop by the white house. they revealed lankan's belief about the democracy and hope for the future -- lincoln's belief. it is in order that each of you may have, through this free government which we have enjoyed, an open field and a fair chance for your industry, enterprise, and intelligence. that you may all have equal privileges in the race of life with all of its desirable human aspirations. it is with this, the struggle that maintain that we might lose the birthright. he concluded that the nation is worth fighting for. and celebrating the bicentennial of his birth, let us rededicate
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ourselves to finishing the unfinished work in ensuring that all americans enjoy equal privileges. it will not be easy. the work, sacrifice, -- through work and sacrifice, all things are possible. [applause] >> ladies and gentlemen, the united states senator from kentucky. [applause] >> thank you. thank you. it is with great honor that i am here today to celebrate abraham lincoln. i am proud to play a role in the abraham lincoln bicentennial commission. as you may know, the commission was established in 1999 to early passage of the abraham lincoln bicentennial commission act, h.r. 1451.
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this legislation recognize lincoln for his achievements, a visionary leader, and a great uniter. born of humble roots in larue county in kentucky on february 12, 1809, he rose to a commitment of the united states. the commonwealth of kentucky is proud to share in the lincoln legacy. he had the strength to bring americans together during our darkest hour. uniting politics and integrating our diverse backgrounds. with the belief that all men are created equal, abraham lincoln led the effort to free all the slaves from the united states.
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he had a generous heart that was filled with charity and no ill will toward anyone. he gave the ultimate sacrifice for our country, and all americans could benefit from studying his life. he served as a model for achieving the american dream through honesty, integrity, and loyalty. i hope americans that our elected leaders can draw on these principles as i do and address the challenges of the twenty first century. 2009 has dedicated its bicentennial to abraham lincoln's birth. remembering his life and achievements, i would like to join you and other officials here today in wishing abraham lincoln a happy birthday. thank you very much. [applause]
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>> ladies and gentlemen, co- chair of the bicentennial commission. [applause] >> thank you. it is an honor, also on behalf of the lincoln bicentennial commissioners, i thank all of my fellow commissioners. particularly the congressional members that have been our leaders with the better angels of their nature, dick durbin and secretary lahood. in speaking of the jewel that senator byrd and referred to and the -- senator durbin referred to, i can't help but observe how
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that does not count for my time, congressmen. as the president said, the overwhelming -- on the way through his inaugural -- he strolled through here on the way to his inauguration's. as the president noted, we stand beneath the dome was construction he said should go on as a symbol that the nation would go on. he took his oath the first time that the dome was routed in scaffolding, and the second time the unfinished work was completed. in this place, we gathered near another perhaps less known reminder of his enduring legacy. that is the statue that stands behind me. they thought congress had behaved inappropriately to pay some much money for a sculpture
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by so young and untested and artists. finally, the criticism got to be too much, and workers were ordered to halt the statue away. in doing it, they broke off a school that symbolized the emancipation proclamation. a careful that they had done something sacrilegious, the congressional leaders quickly order that it be repaired and restored its place. it has stood here ever since, clutching the documents that redefined our nation. beyond even this majestic place and its icons is one of his old friends predicted, lincoln would not only be produced and bronze, granite, and marble, but more importantly, and tried and all patriotic parts. -- enshrined in all patriotic hearts. as the apostle of unfinished
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work and american opportunity that paved the way to our own recent an extraordinary modern history, binding up wounds and securing the new birth of freedom. as lincoln once said, the struggle is for a vast future. it is a privilege in remembering that promise today. and to see some many of these troubles so nobly advanced. -- so many of these troubles so nobly advanced. think for dedicating it today to abraham lincoln. -- thank you. >> ladies and gentlemen, congressman jesse jackson jr., and --
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[applause] >>, jackson and i, from the great presidential state of illinois, we have the honor of reciting his gettysburg address. fourscore and seven years ago, our fathers brought forth on this continent a new nation conceived in liberty and dedicated to the proposition that all men are created equal. now, we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated can long endure. we are met on a great battlefield of that war. we are dedicating a portion of that field as a final resting place for those who gave their lives that this nation might live.
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it is altogether fitting and proper that we should do this. >> but in a larger sense, we cannot dedicate. we cannot consecrate. we cannot call this ground -- hallow this ground. the men, living and dead that have struggled here are consummated above our power to add or detract. the world will long remember what we say here. but it can never forget what they did here. it is for us, the living. rather to be dedicated from the unfinished work that they have thus far so nobly advanced it is rather for us to be dedicated to the great task remaining before us.
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that among these honored dead, we take increased devotion for the calls in which they gave the last full measure of devotion. that we're highly resolve that these dead should not have died in vain. that this nation, under god, should have a new birth of freedom and that this government of the people, by the people, and for the people shall not perish from the surf -- this earth. [applause] >> ladies and gentlemen, former executive director of the lincoln presidential library, richard norton smith. [applause] >> madam speaker, mr. leader, distinguished lawmakers, fellow lincolnians.
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it is not a pleasure to think that when we die, that is the last of us. president lincoln was 22 when he made that observation. his subsequent entry into politics was no coincidence. success at the polls affirmed his belief in a system of government that afforded the common man or woman a chance to be uncommon. it also staked a claim for future merits. perhaps to the secular and mortality, he associated with george washington. as a boy, he read the biography of our first president. he honed his skills and sharpened his appetite for advancement. now, if you should hear anyone say that lincoln don't want to go to congress that he told a supporter in 1843, i wish she would tell him he had reason to believe he was mistaken. the truth is, i would like to go
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very much. three years would pass before he got his wish. by the way, once the votes were counted, he turned back all but 75 cents of his $200 campaign fund. that being the price of a single barrel with which to entice the voters of illinois. in december 1847, he first set eyes on washington with its 37 churches and twice as many taverns. it's on page streets and animal traffic jams. the gas line had recently come to pennsylvania avenue on nights when congress was in session. two weeks on the job, he rose to introduce the so-called spot resolutions. this would require president polk to identify the precise spot on the map were a mexican
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aggression had spilled american blood. it is said to the president and others to justify u.s. military action against our southern neighbor. the gulf of resolution in reverse, his proposals reflected his opposition to the mexican war as an unjust conflict waged for the expansion of slavery. that is now putting principle ahead of popularity. they compared him to benedict arnold. soon after, dissatisfied with life, mary lincoln retreated to her father's comfortable residence in kentucky. lonely and depressed, they feared that the boys might forget him. his attempt to put an end to slavery in the district of columbia was no more successful than his campaign to secure a patronage job at the end of his term in congress.
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on the spring of 1839 -- 1849, he returned with his political career in tatters. he would be little noted and not long remembered if it weren't for the kansas nebraska act five years later. legislation which effectively repeal longstanding restrictions on the spread of slavery under the nation's territories overnight,. -- nation's territories. overnight, he found his moral compass. he repealed the -- you still cannot repeal of human nature. it still will be the abundance of man's heart that slavery's extension is wrong. out of the abundance of his heart, his novel continue to speak. there emerged someone infinitely
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larger than the congressional tactician and reflexive partisan ones his sharp tongue had proved dangerous to the speaker, he aimed his jests at himself. poking fun of his appearance the way that ronald reagan joked about his age. he relished the story of a homely man arriving through the woods, a chance upon a woman also on horseback. she addressed him directly. i do believe you are the ugliest man i ever saw. that might be, the traveler replied, but i can't help it. no, you can't help but the woman thoughtfully conceded. but you might stay at home. he had no reason to stay at home. his marriage was a case of opposites attracting -- at
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attracting and repelling. they watched as his second son wasted away and die before his fifth birthday. to campaigns for the u.s. senate and in failure. such trials would leave most men in better. it only broadened the range of his sympathies. he was nothing if not york -- a work in progress. he would, in time, consigned his past not only his youthful grading for recognition, but the racist society that produced him. two centuries later, he personifies an america that in this coarsely of his land, neither capt. nor congress defined 1 characters or limits one's possibilities.
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abraham lincoln was the american who might alt -- we might all aspire to be. thank you. [applause] >> ladies and gentlemen, presidential historian and author doris goodman. [applause] >> thank you. the world breaks everyone, ernest hemingway once wrote. and afterward, many are strong. how true that was for lincoln. he fell into a depression so deep that his friends removed all razors and scissors from his room, fearing he would kill himself. he warned lincoln in a conversation that if he did not rally, he would certainly die. lincoln said that he was more than willing to die, but had done nothing to make any human
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being remember that he had lived. and to leave the world a better place was what you desire to live for. fueled by that worthy ambition, he recovered from his depression and returned to the slate --s tate legislature -- state legislature , securing the republican nomination for the presidency over four more experienced rivals. he stunned the nation yet again by appointing all three of his rivals to his cabinet. an unprecedented act, since the each represented a different faction, and each certain that he should of been president instead of lincoln. he said that these are the strongest and most able men in the country. the country is in peril. i need them by my side. building across factions and party lines with the union be preserved. is the first team realized that
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he possessed an unparalleled range of emotional strength and political skills. he shared credit with ease. the knowledge to errors and learned from his mistakes. -- he acknowledged errors and learned from his mistakes. again and again, he was the one who dispelled his colleagues anxiety and sustain their spirits with his gift for storytelling and his life affirming cents a femur. he laughed so he did not weep. -- sense of umore. -- humor. when taunted by a critic, he smiled and said, if i had two faces, what i'd be wearing this face- -- would i be wearing this face? in the mornings, he set aside 2 hours to listen to the needs of
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ordinary people. when told by his aides that he was spending too much time with his -- that these people, he told them that they were wrong. i must never forget where i come from. and backwoodsman could stand side-by-side with diplomats. by shaking their hands, he gained a feel for -- a master of timing. if he had the emancipation proclamation earlier, he would have lost to the border states. later, he would of loss the tremendous -- there was a problem when he started to sign the proclamation, his arm was numb from having shaken a thousand hands at the reception that morning. he put the pen down. if it was in this act, i would sign with a shaking hand,
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posterity would wait until they would take up the pen. he never imagined how far his reputation would reach. the great russian writer tolstoy told of a trip that he would recently -- that he recently made it or there was a tribal wild barbarians that never left the part of russia. knowing he was in their midst, he asked them to tell stories of the great men of history. -- that they asked him to tell stories of the great men of history. they loved it. the chief stood up and said, you have not told us about the greatest ruler of the mall. we want to hear about that man who spoke with the voice of thunder, laugh like the sunrise, came from that place called america that is so far from here. if a young man traveled there,
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he would be an old man when he arrived. tell us of abraham lincoln. he was stunned, but he told them everything he could about lincoln and said, what made lincoln so great? not a great a general as napoleon, but his greatness, according to tolstoy consisted of his peculiar moral power, his strengths, and the integrity of his character. that appears ambition -- fierce ambition to educate himself and the string of political failures -- he ended slavery, saved the union, and lifted the promise that all men are created equal. his story would be told again and again. the hearts and minds, i am
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