that is clearly wrong under heller.but under the case law, how do we deal with that. -- how do we deal with that? why should we read stuart two, or #one for that matter, that the footnote is wrong? >> i think you have to recognize the standard of review in the historic two been wrong. >> with respect, council, a standard review is very important -- counselor, a standard review is very important is the second amendment applies. that goes back to the first question that we were talking about. you are a brilliant lawyer and there is no telling what we do here, but if for discussion that the we decided t second amendment, as we understand the supreme court to have construed it, does not cover your client, we would need to get to the standard issue, wouldn't we? >> note, it is a chicken and egg analysis sort of. >> or giraffes and lions. [laughter] >> i think that is important in this particular case because i think it does apply to homemade machine guns. the standard review is the third issue that we have presented this mag

we know what heller said and we know what johnson's response was, because both heller and ackly left moats on the meeting and their notes coincide exactly. heller mentions the anti-poverty program. johnson shuts the door. he says that's my kind of program. i'll find money for it one way or the other. heller had up to that point -- johnson had said a lot of things about budget and his various priorities. heller had formed an impression i'll read from his notes. johnson's other remarks, he said it was "a little calculating, a play for support." there he was. lyndon johnson, the politician. not about this, however. standing at that door, heller suddenly feels that there was no calculation at all in lyndon johnson's response to poverty. that was so spontaneous, so immediate, and instinctive and intuitive, and uncalculated response. all his life, people who worked for johnson for years knew about those moments of instinctive, uncalculated responses. always in response to injustice, social injustice, social need. those of you who have head my books know there was a moment like that in 1949

heller mentions the antipoverty program, and johnson shuts the door. he says that's my kind of program. i'll find money for it one way or the other. heller had up to that point, johnson had said a lot of things about budget and his various priorities and heller had formed an impression, and his other remarks, johnson's other remarks was, quote, a little calculated, a play for support. there he was, lyndon johnson, the politician, closed quote. not about this, however. standing at that door, heller suddenly feels there was no calculation at all in lyndon johnson's response to poverty. that was so spontaneous, so immediate, instinctive, intuitive and an uncalculated response. all his life people who worked for johnson for years knew about those moments of instinctive, uncalculated responses, always in response to social injustice and social need. those of you who read my books know there was a moment like that in 1949, we learned that a mexican american soldier has been denied and killed in the philippines during world war ii and was denied burial in sou

>> going back to stored i, heller switches as back and gonzales took this to store ii and heller and mcdonald tech is back. -- take us back. >> you're making two arguments -- one as the second amendment and the other is the commerce clause. aren't they independent? >> yes. >> how did a heller and mcdonald bear on the constitutional elements? >> because i think there is a distinction between a homemade machine-gun which did not affect interstate commerce or the marijuana case.0 >> will make sure you get a chance to respond. dubie anxious about your time. it seems to me your commerce clause argument might lead us to a conclusion if we agree with you that possession laws are unconstitutional. are you making that argument? >> no. >> the felony possession of prohibitions are constitutional under the commerce clause >. guest: >> it is our position that this was somebody who was not prohibited. mr. hammer was not prohibited and was in his own home and not for unlawful purposes. i think he is protected. >> i'm asking you about the commerce clause. >> we have had those statutes forever. your

heller had formed an impression reading from his notes. johnson's other remarks, he said it was "a little calculating, a play for support." there he was. lyndon johnson, the politician. that was so responsible tanus, so immediate, and instinctive and intuitive and calculated response. uncalculated responses, always in response to social injustice know there was a moment like that in 1949, we learned that a mexican american soldier has been killed in the philippines during world war ii and was denied burial in south texas and the cemetery of the south texas town because he's not white. on the instant, joel connolly and arthur jenkins is standing there when johnson can hand them the telegram. johnson reads it and without a moment's hesitation and says by god, you are in arlington. all through his life there are these moments and here is another one. that christmas, that december, johnson goes down for a two-week vacation on his ranch and heller finds out that his analysis, his feeling that this was spontaneous, uncalculated, and he finds out

but, he's definitely throwing in it.ryan heller, ripken experience coach: 1.30.58 i doo't mind the heatas it wants out here today."paaents brave out the heat alongside the campers.nat diane leinenbach: "hustle up. get some water."al hayden: "probably 90-92 something like that."90 degrees and rising on the steaming field turf.kid: "it's really hot. it's 103 degr" degrees!" kid: "like 103 degrees..." reporter: "how do you knowwthat?" (kid shruus shoulders)diane leinenbach: "i can't believe how hot it ii."hari lymon, father: "doesn't matter what temperature it is, what room offthe house he's in, he's playing aseball somewhere somehow."down the rood in baltimore, a code red heat advisory is issued.diane leinenbach: "at schhol it means you have to lock all the doors and act like nobody's aberdeen...gavin: "103 degrees!" eporterr "ddes it make you tired?" gavin: "yes."" (drinks water)just more water, more often.al hayden: "yep, plenty of water."hari lymon, father: "they really know how to hydrate the kids and give them water, make sure they look for signs of dehydration, so, i had no concerns

heller we will start with you. your testimony explains a better way to encourage access to completion is to focus on need-based aid. two days ago "the new york times" reported the percentage of students receiving merit aid grew so rapidly from 1995 to 2008 that by 2008 it was equal to the percentage of students receiving need dazed. they also studied in public adversities despite state budget cuts, continue to offer merit aid to attract high achieving students without considering their financial need. again, can you describe what we can do to encourage schools to use their limited resources on more need-based aid and why it's important to do so since you mention in your testimony that 30% of grants by states and 55% of states by institutions have no means testing. so why is it important and what can we do to encourage them to focus more on need-based? >> well, senator harkin if we are going to achieve president obama school, and this is an just president obama's goal, there are many organizations that have establis

heller. please proceed. >> chairman harkin, senator enzi and members of the committee, thank you for the opportunity to address the critical issue affecting animation. akamai been convicted tuition and access for over 15 years sonatas a representative for michigan state university. mr. were tuition prices in colleges and universities have skyrocketed. over the last two decades prices have grown more than three times faster than inflation and more importantly three times faster than median family income in our country. the purpose of my chest when he today is not to examine the reason behind rising prices by to discuss what governments in colleges and universities can do to ensure college remain successful for all students. remarks are focused some of what we can do to promote success for students from low and moderate income families because it is these statements on the margins of attending college and he is winning to focus on if we are to achieve, senator harkin mentioned president of him

. >> what the opinion heller said is it will have to be decided in future cases, what limitations upon the right to keep and bear arms are per missable. some undoubtedly are, because there were some that were acknowledged at the time. >> reporter: he also reacted to the court's decision to up hold the health care law's individual mandate. it was a narrow ruling. he dismissed reports of tensions on the court immediately following the decision. >> didn't justice roberts do what you say a good judge do, try to find a way to avoid striking down a law? >> if you read the rest of the section, you would say to find a way, to find a meaning that the language will bear that will uphold the constitutionality. you don't interpret a penalty to be a pig. it can't be a pig. simply that there's no way to regard this penalty as a tax. it simply does not bear that meaning. you cannot give, in order to save the constitutionality, you cannot give the text a meaning it will not bear. >> did chief justice roberts change his mind in the obama care case? >> i don't know. you'll have to ask him. >> did -- let

as dan heller reports, from summer camp to the summer games her journey began with a paddle down the potomac. >> it started some summer camp at 9 years old. they have the lake raye, you do the fastest lap around the lake. i won the lake race as a 9-year-old. i thought, okay, that's cool. thenty joined the slalom team after being invited to train. that came pretty colloid to the 2004 olympics. i think that's what inspired me, that i could take this a long ways and have fun with it. ♪ >> reporter: part of that fun, earning a nickname. bam-bam. >> i think i gave her the nickname. it happened at wausau. in one particular run, she came out of the starting blocks, and proceeded to hit about the first four or five gates, and so after that, i said, you know, run clean, no bam-bam. and that sort of stuck. >> there were a lot of sort of moving on the water that i was willing to try as a small paddler that didn't end up so graceful all the time, so i would be hitting stuff, lie hitting the paddle, the boat, occasionally myself. >> she's rugged, very strong, and, you know, she brings both a ment

you wrote in 2008, the opinion in district of columbia v heller, the second amendment means what it said. people have ape right to bear arms. question: how far does that constitutional right go. can the legislature bear semiautomatic weapons or magazines that carry 100 rounds without violating an individual's constitutional right to bear arms. >> guest: what the opinion heller said it will have to be decided in future cases. what limitation of right to bear arms are permissible. there are some undoubtedliar are. for example, there was a tort called afrighting. if you carried around a head axe to scare people, that was i believe a misdemeanor. and so yes, there are limitations that can be imposed. what they are will depend on what the society understood was reasonable limitation. there were certainly location limitation. >> chris: what about the technological limitation. we are not talking about a handgun or musket but a weapon that can fire a hundred shots in a minute? >> guest: we'll see. i mean, obviously the amendment does not apply to arms that cannot bebe hand carried. it is to keep

ryan heller, ripken experience coach: 1.30.18 "this whole these guys to stay hydrated oo - not only when're here, but when you're at home elaxing." hari lymon, father: 1.41.01 "doesn't matter what temperature it is, what room of the house he's in, he's playing baseball somewhere somehow."camden: 1.27.20 "drinking a lot of water... like every time the coach says ...that kid's name was, in can't make up.there is some heat relief in sight tomorrow and friday, but, with that, comes the threat of rain.paul gessler, fox45 news at five. the... maryland... public service commission... promotes .../ mer--win... sands... to... the position... of... executive director...//. sands ... served... the p-s-c... for eight yeaas.../ most... recently... as... director... of the telecommunications... , gas, aad water division.../.in ... his... new position... the... and... coordinate... with staff counsel.../ in cases... before the commission.../// that brings us to our question of the day.do you think the maryland public service commission is working in your best interest? go... to... fox- baltimore dot co

>> what the opinion in heller said is that it will have to be decided in future cases. what limitations upon the right to keep and bear arms are per missable. some undoubtedly are because there were some that were acknowledged at the time. for example there was a tort called a frighting which if you carried around a really horrible weapon just to scare people like a head axe or something that was i believe a misdemeanor. so yes, there are some limitations that can be imposed. what they are will depend on what the society understood were reasonable limitations at the time. there were certain location limitations. >> chris: what about the technological limitations. not talking about a handgun or a musket. talking about a weapon that can fire a hundred shots in a minute. >> we will see. i mean obviously the amendment does not apply to arms that cannot be hand carried. it is to keep and bear so it doesn't apply to it cannons. i suppose there are hand held rocket launchers that can bring down airplanes that will have to be -- this will have to be decided. >> chris: how do yo

heller, the majority opinion that said the second amendment means what it says.e have a right to bear arms. question. how far does that constitutional right go? can a legislature ban semi-automatic weapons or can it ban magazines that carry 100 rounds without violating an individual's constitutional right to bear arms? >> what the opinion in heller said is that it will have to be decided in future cases. what limitations upon the right to keep and bear arms are permissible. some, undoubtedly, are. because there were some that were acknowledged at the time. for example, there was a tort called a frighting, which if you carried around a really horrible weapon, just to scare people, like a head ax or something, that was, i believe, a misdemeanor. so, yes, there are some limitations that can be imposed. what they are will depend on what the society understood were reasonable limitations at the time. there were certain location limitations, where -- >> but what about these technological limitations? we're obviously not now talking about a handgun or a musket. we're ta

heller: thank you, madam president. i ask unanimous consent that jennifer parsons, a member of my staff, be granted floor privileges during the duration of today's session of the united states senate. the presiding officer: without objection. mr. brown: thank you, madam president. i rise today because too many elected officials, too many pundits and editorial writers, too many elite economists and too many leaders of big orpgz have simply gotten too comfortable, too used to sending american jobs overseas. we have seen outsourcing time and again, for the united states olympic committee's decision to crown our nation's top athletes with a made in china beret to american companies far too eager to wash in and shutter u.s. manufacturing plants and open doors to cheaper labor in foreign countries who don't just have a cheap labor advantage, also have weak environmental rules, nonexistent or nonenforced labor laws, subsidies for currency, subsidies for energy, subsidies for land, subsidies for capital. in other words, in some

versus heller case and, it left wide open -- now, there are regulations short of outright bans he willonsider and clearly, this -- to give you an example of the way his mind works, it is the right to bear arms and therefore a canon which you can't carry around and bear it, therefore you can prohibit a canon constitutionally. >> jamie: i've had the chance, casually, to introduce myself or say hello to a supreme court justice, but, to sit down with him like that, does he realize the magnitude of the responsibility, you think, that he has sitting on the highest court in the land? >> absolutely and one of the questions i asked him, i said, because he says the court is not political but understands that republican presidents appoint a certain kind of judge, more like him and texturalists, originalists and democrats appoint a different kind of judge who makes a more expansive view of the constitution. i said, would you time your retirement so that you would not -- it would be -- your replacement would be named by a president who would appoint a like minded justice and he said, absolutely i d

they are in the police organizations i represented before the united states supreme court in the heller case which affirmed the second amendment right and in other cases like the county sheriffs of colorado here in the colorado supreme court agree that when you put guns in the right hands you enhanced public safety guns in the wrong hands harm public safety and over the last forty years we've had a very big gun control debate in the united states that now has largely been settled because we have many many more laws to work to keep guns out of the wrong hands well and even embankments been settled then why are we all these mass killings if you're saying. why are these mass killings and i'll say that i think i'm going to stay with me stay with david ok. well we know that some gun we have gun laws the try to reduce that one for example in colorado like in forty other states we protect the right of people to carry firearms for lawful protection after they pass a ten point fingerprint background check and a safety training class that prevented a massacre of over one hundred people at a churc

the congresswoman is running against dean heller and could be considered a race that terms which party controls the senate. >>> a federal judge slamming the breaks on lance armstrong's lawsuit against the u.s. anti doping agency. arm strog wants to stop the agency to stripping him of his 7 tour defrance titles. the judge dismissing the suit because of procedural issues. his lawyers will refile it today. the agency claims he took performance enhancing drugs for years which he denies. damage to the washington month monument during last summer's earthquake could keep the building closed for two years. the estimate from the national park service. we have video now that sent tourists running. the quakes caused large chunks of stones to loosen and crack especially near the top. the $15 million worth of repairs were expected to take just a year. 600 thousand tourists visit that monument every year. >>> the florida lifeguard who inspired -- he was awarded the key to the city from hole endale beach officials but getting a bigger award from a man who almost drowned from the man on the beach. >>

heller: thank you, mr. president. last week's jobs report reinforces what many of us have known for some time. unlike what the president would like you to believe, the private sector is not doing fine and the administration's policies are not providing effective solutions to our nation's problems. the health of our economy hinges upon grob joat and it clearly has not received the attention it deserves. our nation has no road map and it is past time for genuine effort to work in a bipartisan manner to create the certainty and stability that will allow american businesses and families to thrive. every morning, nevadans wake up, grab their hometown newspaper, turn on their local news. are some getting ready for work, others starting -- others start another day to try to find a job. these nevadans have become all too familiar with the headlines of nevada leading the country in unemployment and foreclosures. for the nevadan who is going to their job, these headlines create fear and uncertainty about their future. for the n

wade, the heller case. the heller case, he wrote the decision.e one that struck down the ban on handguns here in d.c. and with what happened in colorado, one of the questions is what about assault weapons? what about magazines that can carry 100 rounds? that certainly was not something that was anticipated by the founders when they drafted the constitution. >> he has warned this is not a goodbye to the bench. he is planning to stick around, i did read that. we'll learn all of that and more on your exclusive interview sunday. chris, thank you. >> allison, maybe he is impressed by my great legal mind. may be i'm selling myself short. >> i always believe that. i certainly trust in your legal mind. thank you, chris. you can catch fox news sunday here on fox 5 at 9:00 a.m. sunday morning. >>> coming up, "twilight" torn asunder. why it could be the end of the road for robert pattinson and kristen stewart -- >> oh, no! >> -- a day after she admitted cheating. >> and a new study linking shift work and strokes. it's 8:20. stay with us. we'll be right back

at and fred heller meant, of the weavers, who came to visit woody in the hospital.ger, when they visited me a few weeks ago how you might not have to go to jail for another two or more years for refusing to testify before my un-american committee. they are all a big bunch of the very un-american people i ever heard of. to me you are just another good mortar peed on my side. i never did every even hear you speak out, act out, nor so much here you breathe at one breath of hatred of the overthrew sort. my crazy committee to me are always my very worst sorts of haters, always. anyways. >> that was the letter that woody guthrie wrote in defense of pete seeger before the house un-american activities. what did woody guthrie feel were his most important achievements? >> as he did say, just telling the story of people who've he encountered and putting their stories to music. written an original board in my life. everything i write down is something that i heard from you out there and i'm just telling you something you already know. he would say that he used music as a means

heller. he has been dean of the michigan college of education since january january. his work has been frequently reported on by the media. next we will hear from dr. lee. he took the reins at iowa state in january. he is a research program leader and high level administrator. he currently serves on the iowa advisory council as a member of the capital crosswords -- crossroads implementation committee. he shows great signs of doing great things for iowa. he has been so much of his life in north carolina for purposes of recognition. >> thank you. it is difficult when you take one of the chairman's witnesses. let me say to my colleagues, steve has a remarkable record within the north carolina. university carolina not only has he served in numerous capacities in his field of agriculture, steve led an effort by the university system in a public/private partnership to create the largest research campus in the world for the study of human nutrition. it is truly a model of success system. it has six academic campuses on the research camp as part. it has equipment -- is the on

back in 2008 he wrote the opinion, the deciding opinion in the case of district of columbia versus heller the right to bear arms means that and threw out the washington, dc, ban, on handguns and the question i asked, okay, people have a constitutional right to have a handgun. do they have a constitutional right to have a semi-automatic weapon or a magazine that carries 100 rounds of ammunition. here is the answer. >> yes. there are some limitations that can be imposed. what they are will depend on what the society understood were seasonable limitations. there are certain locations limitations where --. >>chris: what about technical limitations. we are talking about a weapon that can fire 100 shots in a minute. >> we will see. >>chris: obviously he has to be careful about this, trace. because of the fact that this is almost certainly not in the case of james holmes, but the question of various localities and their ability to regulate handguns, not to ban them, but to regulate weapons. to regulate whether you can have a semi-automatic or you can have one of the big magazines, that will come

. >> what the opinion in heller said is that it will have to be decided in future cases what limitationspon the right to keep and bear rms are permissible. some undoubtedly are because there were some that were acknowledged at the time. >> reporter: justice scalia also reactedded to the supreme court's decision to uphold the individual mandate. it was a narrow ruling with chief justice roberts making the deciding vote calling it a tax. scalia dismissed reports of tensions on the court immediately following the decision. >> didn't justice roberts do exactly what you say a good justice should do, try to avoid striking down a law. >> find a way that the meaning will bear. you don't interpret a penalty to be a pig t can't be a pig. simply there, no way to record this penalty as a tax. in order to save the constitutionality, can you not give the text a meaning it will not bear. >> did chiefious roberts change his mind in the obamacare case. >> i don't know. you will have to ask him. >> let me ask you. were you at one point in that case in the majority to strike down obamacare? >> i don't talk

. >> there are a few examples this year of republican candidates, senator hellers from nevada, not goingblican national convention. so there's about five of them. but if you look at the amount of democrats not going to the democratic national convention, we're well over a dozen candidates and those elected running for reelection. there's more to come, this is a very high number. >> if you're the president and get reelected, do you remember the folks who dissed in. >> in some cases i think he probably encourages them to -- i think in claire mccass cal as case he probably suggests she doesn't. he wants to retain the senate if he wants to get anything done. it's his advantage to have those do what they have to do to stay in office. >> all right, good seeing you again. have a great 4th. >> same to you. >>> coming up. >> i am paying for this microphone. >> reagan paid for his microphone. could it be time for mitt romney to pick up his? i'm sending a shout timeout mountain home arkansas to my mom, trina collins. i love you, miss you, can't wait to see you, know that i'm always missing and thin

number four, nevada, where den heller faces shelley berkeley and number three, montana and senator jon tester's battle against rehberg. virginia at number two. and the the most come pet ty senate race in the country, ma in the battle between scott brown and elizabeth warren. republicans only need to win a net of four seats to take control of the senate. we'll be right back. her way, she would help her child. no. no no no no no. mommy's here [ male announcer ] with everything. but instead she gives him capri sun super-v. with one combined serving of fruits and vegetables. new capri sun super-v. i was worried about 'em, you know? i mean for instance my mom went to bed tonight before making my dinner. which is fine, i mean i, i know how to make dinner. it just starts to make you wonder. is this what happens when you age? my friends used to say i was the lucky one. i had the fun parents. where's the fun now? night guys! [ sighs ] ♪ [ male announcer ] venza. from toyota. >>> welcome back. illinois tea party congressman joe walsh best known for calling the president a lair finds himself unde

number four, nevada, where den heller faces shelley berkeley and number three, montana and senator jon tester's battle against rehberg. virginia at number two. tim kaine and george allen are in a dead heat. the most competitive senate race in the country. massachusetts in the battle between scott brown and democrat elizabeth warren. republicans only need to win a net of four seats to take control of the senate. you know what i love about this country? trick question. i love everything about this country! including prilosec otc. you know one pill each morning treats your frequent heartburn so you can enjoy all this great land of ours has to offer like demolition derbies. and drive thru weddings. so if you're one of those people who gets heartburn and then treats day after day, block the acid with prilosec otc and don't get heartburn in the first place. [ male announcer ] one pill each morning. 24 hours. zero heartburn. >>> welcome back. illinois tea party congressman joe walsh best known for calling the president a liar finds himself under fire for his comments he made sunday about his