the case involving habeas corpus rights. there is a sense where justice kennedy says we need to decide how habeas corpus is. formalism cannot decide this question. he really believed that in that case. he may have been also responding to scalia's dissent, which he did a lot. justice kennedy, much more often than not, put his nonlegal value judgments front and center. so, the same-sex marriage opinions are mostly about dignity. and different ways of describing that. the term limits case of the 1990s, which the young people in this room, i can't explain what a big issue term limits was in the 1990s. this was really one of the biggest issues in american politics. arkansas put term limits on members of congress and justice stevens writes a 40 page opinion going to text history and traditional tools. justice thomas writes a 40 page opinion going into how it is constitutional. congress needs to have a separate identity from the states. for these reasons. we are going to talk about that later this afternoon. >> it also contains his best lin

is not necessarily improve great -- necessarily appropriate for impeachment. impeachedld you have any of those presidents? mr. gerhardt: no. suspended habeas corpus. did this it the time for the sake of expediency. congress is not in session. we can criticize him for different things but most americans except him as one of our two greatest presidents. brian: who waged war without getting approval? mr. gerhardt: a number of president cap, including lincoln. authorized by other means besides a declaration of war. there could be support from congress given in a different form. might find the president had legal basis to use military force even though it was not formally declared by congress. who engage in sexual escapades? mr. gerhardt: jfk. we did not know it at the time. but it is reported now the reporters knew it and did not disclose it. it has to do with the moral character of the president. as i suggest, maybe it also has to do with culture. at the time it was not something publicly talked about. clinton, it was publicly talked about but people tend to discount how important it is to have the president in office. statements can be made by presi

of the supreme court, roger b tani in the dred scott decision and in the case of habeas corpus in the civil war. this isen she was criticizing candidate trump saying he was a fake and phony because that is not above the fray, is it? pete: let's talk about your brand-new book, true saint nicholas. was saint nicholas a real person? the legend sprang up around him and your book reminds people about virtue and you have written about that. >> a great story. i, like a lot of people, felt it was just a nickname for santa claus but there's a real guy, saint nicholas, born in 280 a the. a lot of stories how he comes to be known as santa claus. the great story, the fountainhead story, a young man, his parents died, leave him some money and he notices a family of poor people, a man and his daughters can't get married, they don't have a dowry. in the middle of the night nicholas, the young nicholas goes with a bag of gold, throws it through the window of the home into a stocking. you see where this is going. that is 300 a.d.. the irony is this guy comes in the middle of the night seeming to be anonymous and becomes

habeas corpus cases. there was an ongoing debate between the two, and lincoln was right. donald trump is in the lincoln tradition here, he is right. we understand why the chief justice, who i like and admire, is trying to maintain the independence of the judiciary. but that is an ideal, that is not the reality of what we have got it. if it were, you wouldn't see the republican party and the democrat party put so much shoulder and effort into who gets to be on the supreme court. i give you the evidence of the last couple of months and the kavanaugh confirmation hearings. we know these folks aren't independent. but a little more disappointing to me, from chief justice roberts, he is inconsistent. he talks about the judiciary of simply when the supreme court as being independent above the fray, but here, as shannon reported, here is justice ginsburg criticizing donald trump as a candidate, saying he is a fake, he is all ego, et cetera. to the best of my knowledge, there was no rebuke of justice ginsburg by chief justice roberts, but a rebuke here of the president. but the president is right

habeas corpus eight times and declared persons discouraging enlistments, resisting drafts or guilty of disloyal practice should be somebody to martial law and triable by military commissions. so this is more than just detention. it's moving ahead with trial and punishment and between 13,000 and 38,000 people were swept up as a result. in march of 1863 general burn side issued general number 38 which stated declaring sympathies with the enemy will no longer be tolerated. this leads us to the case of a very colorful character who is not a nobody. he was the speaker of the house of the ohio representatives. he was a congressman from ohio. he and edwin stanton had been best friends. stanton had lent him $500 for him to begin his law studies. and he was a delegate to the 1860 democratic convention. he spoke out against the war frequently and in mt. vernon, ohio, he spoke out against the war for two hours. there's a lot of bad things you can say about the president and the war effort in two hours. he at the end concluded by saying he wanted people to exercise their right to vote in order to hurl king lincoln from his throne. a few days later he was arrested in dayton at 3:00 in the morning

my habeas corpus cases were never scheduled for hearing back in my home district by the sitting elderly, bias and prejudice judge. so, i thank you for the future. our future isn your hands and i pray for you and i thank you in advance for all that you'll be doing in the lives of many, many people who need you desperately. god bless each of you and happy holidays. >> thank you, ms. hamilton, for your time. we appreciate your courage to share your story. some of the things you've suggested are sort of beyond the scope of our committee. the things that are within the scope of our committee we'll take a look at. thank you very much for your time. >> for the future, we'll hand the baton to the next committee and we'll improve with every step. >> thank you very much. you have a great day. >> thank you. >> mr. horowitz. >> thank you. i just want to add a caveat to what i am about to say and that is the future of the federal judiciary is embodied in these. yale law students who are racing for their train, i think, will be off just fine. good afternoon, my name is paul horowitz. i should disclose at the onset that i have a misconduct complaint ending in the tenth cir