. >> here's justice breyer again with the answer. >> the answer is six. there is kagan, there's chief justice john roberts. there is me and also there's byron white, chief justice reinquist. >> much more from breyer ahead. for the first time the supreme donald trump's proposed ban on muslims entering the country. stay with us. >> announcer: "this week" with george stephanopoulos brought to you by prudential. stay with us. george stephanopoulos brought to you by prudential.out to the nation's capital to support an important cause that can change the way you live for years to come. how can you help? by giving a little more, to yourself. i am running for my future. people sometimes forget to help themselves. the cause is retirement, and today thousands of people came to race for retirement if we all do that we can all win. prudential bring your challenges what if the sweet stevia leaf was discovered... ...before the sugarcane. and everything had fewer calories. truvia. life with less sugar is just as sweet. seriously? where do you think you're going? to work

next on booktv supreme court justice stephen breyer. his latest book the court in the world looks at how supreme court decisions affect u.s. foreign policy and international relations. from the national constitution center in philadelphia, this is one hour. [inaudible conversations] [applause] ladies and gentlemen, welcome to the national constitution center. on constitution day the most exciting day of the year. the national constitution center is the only institution in america chartered by congress to disseminate information about the constitution on a non-partisan basis. anand this really is a remarkabe day because we have first of all a tremendous honor of a visit by supreme court justice stephen breyer. [applause] justice breyer, among as many distinctions, the many books he's written in cleveland we are going to talk about today is a co member of the national constitution center's scholarly advisory board. he was central to the creation of this beautiful national treasure which was founded during the bicentennial to brint togethe

[applause] justice breyer, among as many distinctions, the many books he's written in cleveland we are going to talk about today is a co member of the national constitution center's scholarly advisory board. he was central to the creation of this beautiful national treasure which was founded during the bicentennial to brint together people of different perspectives to debate the constitution come to learn about and to celebrate it. and thanks to his inspiration and the guidance today come we are thrilled to announce the launch of a new interactive constitution that you see behind you that we believe will transform constitutional education in america. with the help of the federalist society and the american constitution society, the leading lawyers organizations, with commission the top scholars in america to write about every clause of the constitution describing what they agreed about so citizens can make up their mind. this morning the president of the college board and i announced the college board will make this the center of the new ap history and government exam and will help stu

and even if, justice breyer, even if you are correct, that theory is correct, that doesn't solve this case. we have alleged in our complaint that texas could have done much more to manage both representation equality and voti voting equality, to get both within 20%. >> he didn't come in with a map that did that. >> we did not come in with a map. we're still at the motion to dismiss stage in the case. our allegation at paragraph 22 of the complaint has to be taken as true. we don't want the court or ourselves to write this map for texas. we want the texas legislature to do its job. texas by state law was precluded from taking voter equality -- >> does practical possibility play into this discussion at all? i mean, the acs, which you posit as the way that you can find who the eligible voters are, has been, i think, almost decisively been proven as being inadequate. it only measures cities with populations or places with populations over 65,000. just on that ground alone, there are going to be districts that can't rely on it. it's flawed on many levels. we could -- take my assumption. it

>> that is a question justice breyer asked during the end of the arguments.'s left out, basically? the lawyer, the voters who are challenging this said, children, noncitizens who are here legally, undocumented aliens and disenfranchised felons. but he also told justice breyer, if this is a concern, the state can address it by giving them the right to vote. on the constitutional side -- >> and giving children the right to vote? >> all those who are left out the right to vote. so many justices explore more deeply the meaning of one person one vote. justice societ soto sotomayor so only with eligible population you are ignoring the dual interests under this principle. it's not only the voter interests, it's the representational interests, and we've given states the discretion to make this joyce. justice cag kagan said i think e framers of the 14th amendment addressed this. the sponsor of the amendment said numbers not voters, numbers not property, that is the theory of the constitution. she said she couldn't wrap her mind around the other argument when she felt

justice breyer for all you have done to educate americans about the constitution, thank you. [applause] [applause] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] >> the biggest mistake we make, the one that is about the most believe it or not is the one that should be the easiest. they should get happy. >> martin understood that for not just christians but for any human beings who wan

jim breyer we appreciate you taking the time to talk to us today before we head up on stage. back over to you at the nyse. >>> time for a cnbc news update with sue herrera. >> hi, bill and kelly. here is what's happening. gop presidential candidate ted you see cruz says he disagrees with donald trump's proposal to prevent muslims from entering the u.s. but he is not interested in criticizing him. he spoke while outlining his proposed law to freeze for at least three years the entry of any refugees from countries where al qaeda or isis control substantial territory. >>> apple revealing its own smart battery case for the iphone 6s, it's priced at $99 and promises up to 25 hours of additional talk time as well as 18 hours more of internet use while on lte network. >>> an effective cancer drug has now been approved by the fda sold generically. the drug known as glevec for the treatment of chronic myeloid leukemia. it will be available by february 1st. >> it was 35 years ago today that john len nonwas murdered by mark david chapman. it was shortly before 11:00 p.m. when chapman op

justice breyer for all you have done to educate americans about the constitution, thank you. [applause] [applause] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations]

then he interviewed ruth bader ginsburg and i guess my question is, if a breyer had been well and had interviewed more to clinton's liking, do you think when the second opportunity, and he had nominated breyer as apparently his initial intent was, do you think years later he would've been nominated ginsburg? >> it is hard to say. he actually wanted someone he took more from the chambers of ruth being ginsburg then she took from the chambers of any other lower court judge. i got a print out in the law firms. >> i have not read your books that may be covered in your book, could you talk about the friendship between ruth bader ginsburg and scalia. >> not very much because it did not change the world. right? it just did not change the world. i asked about it, i asked a judge who i will not name but who sat on the circuit court and he said he thought that scalia played the role that martin ginsburg plate with ruth bader ginsburg in the social life. so when justices would go places, scalia would be like the funny, talkative guy that did the social labor like marty ginsburg did. so, but i di

justice breyer: if if i can ask a question. general verrilli: oh, i'm sorry. justice breyer: no.'m glad you said that. and and i this question will sound very nitpicky and detailed and compared to what you were -- you were talking about. and i agree. i notice that the briefs in this case are like the briefs in grutter. and to me that does suggest that people in the universities and elsewhere are worried that we will, to use your colleague's expression, kill affirmative action through a death by a thousand cuts. we promised in fisher i that we wouldn't. that opinion by seven people reflected no one's views perfectly. but that's what it says, not fatal in fact. okay. that's what i'm focusing on. it seems to me there are two parts to that, whether we have to send it back for another hearing or not. part one you've dealt with. is there a need? a matter which fisher i says we will give some but not complete deference to the university, and as you say, we have you went through that. there is a second part which i want you to address. the second part in fisher, we said, there is no defe

when last term stephen breyer use the dissent regarding the protocol for lethal injection, and announcedthat he had perhaps come to believe that the eighth amendment-- death penalty-- may violate the eighth amendment, scalia skoff, justice breyer does not reject the death penalty, he rejects the enlightenment. last term in the blockbuster case regarding same-sex marriage scalia characterized the majority opinion as containing the mystical if the resumes of a fortune cookie and the conclusion was if he ever joined in on opinion whose opening lines were written as kennedys were i would hide my head in a bad. actually, scalia has written one of the great prophetic decisions of modern times. i don't think he meant it that way. a few years ago in the windsor case, remember that was where the woman had her partner had died, left her money and the irs refused to give her the spousal deduction so she paid and then sued. the court upheld-- i think it was six-three and kennedy wrote the majority opinion. kennedy tried really hard, he really did. to cabined the decision in terms of federalism i.e.

scalia's scots justice breyer does not just reject the death penalty, he rejects the enlightenment.and then last term in the blockbuster case regarding same-sex marriage, scalia's characterize the majority opinion is containing a mystical aperism of a fortune cookie and the conclusion was if he ever joined in an opinion whose opening lines were written as kennedys were her i would head my -- hide my head in a bag. actually scalia's written one of the great prophetic decisions of modern times. i don't think he meant it that way. a few years ago in the winter case, remember that was where the woman, her partner had died, left her money and the irs refused to give her the spousal deduction and so she paid it and then sued and the court upheld her. think of a 6-3 and kennedy wrote the majority opinion. kennedy tried really hard, he really did, to and the decision in terms of federalism i.t. marriages i've been up to the states of the state says the marriage is legitimate the federal government has to bow to this great tradition but here and they are scattered among other things were ale

and at 11:00 p.m., justice stephen breyer on the court and the world, american law and the new global realities. that's at 8:00 p.m. eastern on book tv on c-span2. >>> this holiday weekend, book tv brings you three days of nonfiction books and authors. on friday, back-to-back airings of "after words." at 7:00 p.m. eastern, arthur brooks discusses had i latest book, "the conservative heart: how to build a fairer, happier america." >> the biggest mistake i think that we make on the conservative side a lot, the one that trips people up the most, believe it or not, is the one that should be the easiest, which is to get happy. >> at 8:00 p.m., cornell west examines the life of dr. martin luther king jr. in his book "the radical king." >> martin understood that for not just christian, but for any human being who wants to reach a level of integrity, honesty and decency as a long-distant runner, you've got to kill something in yourself, fear. you've got to kill something in yourself, your obsession with position and status and wealth. >> followed at 9:00 p.m. by former senator john dan forth,

justice stephen breyer said, race, what are the things that they could do in your view would be okay?on the conservative side, justice scalia questioned if it's a good thing for ut to admit as many blocks as possible. possible. that screw an incredulous reaction from civil rights activist, reverend al sharpton. >> when i heard judge scalia suggest that maybe blacks do better at schools that are not as fast as ut, i didn't know if i was in the courtroom at the united states supreme court or at a donald trump rally. >> reporter: this case is likely to come down to one justice, andy kennedy, who seemed troubled by the fact that the case was backed with no new evidence with which to base a decision. "we're just arguing the same case. it's as if nothing had happened. this comes at a time of heightened concern over racial discrimination on college campus. the president of the university of texas says that if the court eliminates it's affirmative action program, this will be a step backward for the country. >> i'm confident that after hearing this morning, the students will continue to recog

he was joined by justice ginsburg, breyer, sotomayor, taken. chief justice roberts and justice scalia, thomas and alito dissented. the opinion for the court justice can explain that the issue presented was not whether states were constitutionally obligated to recognize same-sex marriage. rather, the issue is whether the federal government could constitutionally discriminate against couples who have been legally married in a state or because those individuals happen to be of the same sex. and approaching the question justice kennedy emphasized that a state's decision to give same-sex couples the right to marry conferred upon them the dignity and a status of immense import. doma's principle of fact, can be maintained, with identified a subset of state sanctioned marriages to make them unequal. kennedy argued it is by placing legally married same-sex couples in the position of being second tier marriages, doma demeans the couple and humiliated tens of thousands of children who were then being raised by same-sex couples. because no legitimate feder

then there was an action with breyer and ginsburg to be less political. that's why you see them confirmed overwhelming majority. then after bush was elected there tend to be a dramatic turn of events. mostly led by then people that were in the minority and led by senator schumer giving speeches about the fact that ideology ought to play a more important role in the selection of judges. it has become more politicized in that period of time. particularly for the supreme court and circuit court judges. not so much for district court judges >> is this a good or bad thing >> bad. >> why? >> because i think that if you go 200 years without selection of judges and approval by the supreme court being so approval by the congress being so political, we got along pretty good. >> another question about the selection of supreme court justices throughout history, it has not been necessary for supreme court justices to be lawyer. you yourself, chair this committee and you're not a lawyer. unusual but not exclusive. i'm wondering whether or not these days it's absolutely

this units at 1003 east breyer want air unit to check the roof of these parking structures. reports of shots fired in the area of a chipotle there. so we are getting lots of reports, greta indicate this is not yet over. clearly authorities are staged here as you can see. their guns are drawn. and we're just waiting if-to-find out whether they have someone inside there as i'm sure they are. >> and, yet, we still -- and while this is an active man hunt to get these killers, we still don't know what the world with a the motive for doing this vicious act descending upon these people. the scene people have been watching all day, this is a business complex which takes care of disabled people but there was a private party there today; is that right, shep? >> that's right. we know that they believe there is another suspect. we don't know the reason they believe that. but they have told us that they believe there is another suspect. they have told the residents to shelter in place. they started at the church. there were then multiple reports in the neighborhood of shots fired. then n

supreme court associate justice stephen breyer talks about his bock the court in the world, american law, and the new global realities. three days of featured programming this holiday weekend on c-span. friday evening at 7 eastern, congressional republican leaders honoring former vice president dick cheney at the capitol with the unveiling of a marble bust in the emancipation hall. >> when a vice president had critics going off the deep end as they often did, he asked lynn, his wife, does it bug you when people refer to me as a darth vader? and she said no it humanizes you. [laughter] >> saturday night at ul 8:30 eastern in-depth look at policing in minority communities. speakers include former st. louis police officer redd hudson atlantics coats, an washington, d.c. police chief kathy lane rks r. >> most get defensive if they feel you're being offensive so you know being respectful and request if it is not a crisis, if it's not a dangerous situations request versus demands those things change the dynamics a little bit. sunday afternoon at 2 race in the criminal justice system with w

and at 11:00 p.m., justice stephen breyer on the court and the world, american law and the new global realities. that's at 8:00 p.m. eastern on book tv on c-span2. >>> this holiday weekend, book tv brings you three days of nonfiction books and authors. on friday, back-to-back airings of "after words." at 7:00 p.m. eastern, arthur brooks discusses had i latest book, "the conservative heart: how to build a fairer, happier america." >> the biggest mistake i think that we make on the conservative side a lot, the one that trips people up the most, believe it or not, is the one that should be the easiest, which is to get happy. >> at 8:00 p.m., cornell west examines the life of dr. martin luther king jr. in his book "the radical king." >> martin understood that for not just christian, but for any human being who wants to reach a level of integrity, honesty and decency as a long-distant runner, you've got to kill something in yourself, fear. you've got to kill something in yourself, your obsession with position and status and wealth. >> followed at 9:00 p.m. by former senator john dan forth,

supreme court may itself in the death penalty, from justice breyer strong dissent.supreme court has never looked at the practice. they keep holding on to the theory of it. but will this practice, it's never worked because from the very beginning, the supreme court gave us the guidelines to the states, only go after the worst of the worst murderers. nobody knows what that is. >> before we go, let me bring in barry on this. as sister helen is bringing up, the supreme court, we've got two justices who just in june said it's highly likely that the death penalty is unconstitutional. what is the likelihood that we will have the high court hand down a ruling? >> i think it's very good. the death penalty is only for a few states. 93% of the executions have only been in four states, two-thirds of the death sentences are coming from 2% of the counties. so the supreme court is looking at all the other states that are not executing people and not putting forward death penalties and they're putting that in to the mix and that would an key to the decision they ultimately renter h

and at 11:00 p.m., justice stephen breyer on the court and the world, american law and the new global realities. that's at 8:00 p.m. eastern on book tv on c-span2. >>> this holiday weekend, book tv brings you three days of nonfiction books and authors. on friday, back-to-back airings of "after words." at 7:00 p.m. eastern, arthur brooks discusses had i latest book, "the conservative heart: how to build a fairer, happier america." >> the biggest mistake i think that we make on the conservative side a lot, the one that trips people up the most, believe it or not, is the one that should be the easiest, which is to get happy. >> at 8:00 p.m., cornell west examines the life of dr. martin luther king jr. in his book "the radical king." >> martin understood that for not just christian, but for any human being who wants to reach a level of integrity, honesty and decency as a long-distant runner, you've got to kill something in yourself, fear. you've got to kill something in yourself, your obsession with position and status and wealth. >> followed at 9:00 p.m. by former senator john dan forth,