john marshall was the chief justice of the supreme court. jefferson had been reelected easily as president. he had just concluded the lewis and clark expedition, very popular president. lonrho will go on to beat the fifth president of the united states later on. -- monde wrote will go on to be the fifth president of united states. clay, at that time, was in his early 20's and thinking about running for congress. >> what kind of reaction was there from all the people get mentored? >> schock. absolute shock. all have had letters from friends indicating directly that he had been poisoned abou. people were very upset about that. george had lived there for the last 16 years and on and off for the past few years before that c. thousands of people lined main street in richmond for his being a role. >> in today's age with the law you can have a three-year wait before you have a trial. how long was that back then? >> to end a half months. -- two and ana half months. it was the end of september. >> sweeney is where? to go he was in jail pending he for

>> john marshall, chief justice of the supreme court. james monroe, dozens of senators, congressmen and governors of virginia. when he later moved to richmond, henry clay. henry clay used to tell people all his life, she a priest created being mentored by -- how much he appreciated being mentored by george wythe. he tried to get played to read -- he spoke latin and greek, and he tried to get playeclay to red latin and greek. he memorized a lot of the lines. later, in politics, when play wh-- clay was abroad, he would drop in conversations, these long passages in latin and greek that he'd memorized from george wythe. it blew people away. >> george wythe was born where, live where and what year did he die? >> he was 80 years old. three-quarters of the people in this country back then died before they were 50. if you were in your 60s, you were very old. if you were 80, you were ancient. his parents owned a plantation with about 30 slaves. he flew through school and graduated from college. he was about 18. he became a lawyer. he married, and

he parks john marshall into the stands. at a three-run shot. then that's -- the nats win big. orlando cabrera, watch this. go in the hole, get, big fella. it is he safe or out? the umpire says out. the replay shows that he is safe. tied at 6 and the bottom of the ninth. i will tell you this, you have to love to watch the defense. and they get after you. he will be tested by the new england patriots and tom brady. the starters are expected to go three-quarters. they say to turn it loose for a pullout reversal. this will be one heck of a test. >> the challenge is, of course, as a defense. they have a lot of speed and a lot of position. they're one of the best if not the best quarterbacks in the league. it will be a great challenge for us from a defensive standpoint. >> he looks great coming off the injury. michael vick will be an nfl action for the first time since dember of 2006. make -- mcnabb will probably go three, but he will be allowed to get into the speed of the nfl again, get in rhythm. >> it would of been a couple of years since he has been in, but i am excited to get

take place in front of the fireplace at the bottom of the screen and the huge portrait we see is john marshal, the 4th e chief justice of the united states, and it looks as though judge sonia sotomayor is about to enter the room. there she is and that is chief justice john roberts about to administer the oath of office. from the housing projects of the south bronx, to the highest court in the land, let's take a listen. >>... a member of the court on september 8th, in a special session of the court. we are administering the oath this morning, simply so that she can begin work as an associate justice without delay. and now i'd like to invite mrs. sotomayor, the judge's mother, and her brother, dr. sotomayor, to come forward. >> judge sotomayor are you prepared to take the oath. >> i am. >> please raise your right hand. and repeat after me. i, sonia sotomayor to solemnly swear. >> i sonia sotomayor do solemnly swear. >> i will administer justice without respect to persons. >> that i will administer justice without respect to persons... >> and do equal right to the poor and to the rich... >> and

guest: john adams, his predecessor, appointed a second cousin of his, john marshall, to become chieftice. host: he is now considered the great chief justice. guest: he was and he created the concept of judicial review that allowed them to knock down laws as unconstitutional which had not before been the case. so, the federalists who still controlled congress changed the nature of the court -- confirmed john marshall and changed the number of justices to take appointee's away from jefferson. jackson who was the great populist from the west and the first lower-case "d" democrat this like the power of the court to which the electorate could not at at because the justices are appointed for life. once they are appointed you have no control over them. abraham lincoln was worried about the court, that it would fracture the ability of the union to fight the war. host: richland hills, republican, betty. caller: good morning, i agree with what franklin roosevelt did in a time of crisis, but what i'm worried about today is with this healthcare reform. roosevelt was for the citizens of this coun

turned this case arnold's single boldest stroke of constitutional interpretation, reminiscent of john marshall, the great chief justice of the supreme court. the case itself was one of many routine tax their lawsuits for a relatively small amount of money. and stop sued the internal revenue service in district court because the irs refused to consider claim for tax refund. the irs received acclaim one day after the three-year clean period expired. she had mailed the refund requests before the end of the claim period. the irs took the position that the date of receipt by the irs and not the date of mailing determined whether the claim would be considered. a federal district court agreed with the irs but eight years earlier in an unpublished ruling in another case in eight circuit panel had held in favor of the irs on this precise question. it was the only case in the eighth circuit to have considered it. the supreme court had not addressed the issue, an illustration of the numerous questions of law on which lower federal courts can and do the verge without supreme court oversight. the earlier c

so the federalists who still controlled congress changed the nature of the court -- confirmed john marshall and changed the number of justices in order to take appointees away from jefferson. jackson, who was a great populist disliked the power of the court which the electorate could not get at because the justices are appointed for life, and so once they're appointed you don't have any control over them. lincoln was worried that the court would fracture the ability of the union to fight the war. >> host: richmond hills, georgia bettye. good morning. >> caller: i agree with what roosevelt did in a time of crisis, but i am worried about today, compared it about today, is the healthcare reform. roosevelt was for the citizens of this country, but the party in power it can't be because in the healthcare reform it's going to allow people to get help that are not citizens. they have taken out and put down in the amendment that would give the coverage citizenship. >> host: i'm not going draw you into the healthcare debate. we have a program coming up on that. chicago, pete, talking about the histo

justice john paul stevens has observed the work of federal judges from the days of john marshall to the present, like the work of the english common law judges, sometimes require the exercise of judgment, faculty that inevitably calls into play notions of justice, fairness and concern about the future impact of the decision. wise use of discretion. justice benjamin cardozo wrote that the judge, even when he is free, is still not wholly free, he is not innovate at pleasure, he is not running at will in pursuit of his own ideal of beauty or goodness, he is to draw his inspiration from consecrated principles. he is not to yield to spasmodic sentiment too vague and unregulated benevolence, he is to exercise discretion in formed by tradition, miss the guys by analogy, disciplined by system and subordinated to the primordial necessity of order in the social life. quite enough, in all conscience, the field of discretion that remains. as alexander hamilton explained in federalist papers, courts were designed to be our guardians against what he called those ill humors which the arts of divining

. >> joining us now, republican strategist john feehery, and marshal carlson, a columnist with bloombergfirst of all, john, i want to ask you about this video. it's done by rick scott, same people behind the swift vote attacks on john kerry, someone who was in the health care business and in fact had some problems, we understand, in that industry as well. what's wrong with the president taking a vacation? let me just share with you some of the numbers here. we've got president bush 43, who had 27 days at the ranch during his first august vacation. of course, that was before 9/11. only days before the 9/11 attack, in fact. 149 trips, 487 days at camp david. 77 trips, 490 days at the crawford ranch. bill clinton, of course, went to martha's vineyard, had a ten-day vacation back in 1993. bush 41 had 543 days at camp david and kennebunkport, maine. and that says nothing about ronald reagan who was riding horses at the ranch for 335 days in santa barbara. that's almost a year spent in california alone. that doesn't include, you know, palm springs and l.a. what is wrong with the president of t

judgment, and justice john paul stevens hassam's are half the work of federal judges from the days of john marshall to the present life the work of the english common law judges sometimes require the exercise of judgment, the faculty that inevitably calls into play notions of justice, fairness and concern about the future impact of a decision. wise use of discretion with, just as benjamin cardozo wrote the judge even when he is three is still not fully 30 not to innovate and pleasure, he is not in that era ruling in pursuing his own ideal of beauty your goodness, he is to draw his inspiration from, super-duper and symbols in his not feel to sentiment, too vague in unregulated benevolence, he is to exercise the discretion. informed by tradition, methodized by analogy with discipline the buy system and subordinated to the primordial necessity of learning in the social life. wide enough in all conscience is the field of discretion that remains. and as in the federalist papers courts were designed to be as guardians against what he called those ill humorous which they are as of designing men and the in

as chief justice john marshall famously wrote in marbury v. madison, the court must say what the law is. that, after all, in a nutshell is the appropriate role for the federal judiciary. for a judge to do more would undermine the constitutional foundations of the separate branches. mr. president, i will cast my vote in favor of the confirmation of judge sotomayor as i believe that she will serve our country honorably and well on the supreme court. thank you, mr. president. mr. president, i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call: quorum call: mr. schumer: mr. president? the presiding officer: the senator from new york is recognized. mr. schumer: i ask unanimous consent the call of the quorum be dispensed. .the presiding officer: without objection, so ordered. mr. schumer: thank you, mr. president. i rise today in wholehearted support of the historic nomination of judge sotomayor to become an associate justice of the united states supreme court. i have two words to summarize my feelings

john looks and benefits and concerns. >> warmer temperatures on the way, and so are a few thunderstorms. we will sort it out in the forecast coming up. >> the u.s. marshals service teamed up to help reinforce crime-prevention. the group gathered in aberdeen for each offense involving the badges for baseball program. but serves as an outlet for students during after-school hours. >> the next in the area head back to class. kim caught up with the superintendent at westminster, and he says they have got a new challenge deal this year. >> it is back to the classroom and back to the books for students, and those in westminster are filling a familiar range of emotions. >> i have five butterfly filling in my stomach. >> i am not excited at all. i am kind of man. >> for the sixth graders, walking -- i am kind amad of mad. >> for the sixth graders, this will be a new experience. they have a new focus, the h1n1 virus. >> we do not know when we will get it, but we will have something worked out by then. they are working closely with the health department, and dealing with the vaccine will be a challenge, but for the students, the challenge remains in the classroom,

democrats are planning hundreds of rallies to marshal support for president obama's proposals. republicans, too, are listening. senator john mccain today, he hosted a town hall meeting in sun city, arizona, and his constituents there made it very clear how they feel about the president's plan. >> i am convinced the president is absolutely sincere in his beliefs -- [ booing ] wait a minute. wait a minute! he is sincere in his beliefs, we just happen to disagree, but he is the president of the united states and let's be respectful. >> mccain expressed concern that democrats would use obscure senate rules to force their health care plan through without a full and open debate. >> i am unalterably opposed to that. it would be a drastic change in the way that the united states senate does business and i hope that if you see something like that coming, you would not allow that to happen. >> that procedure known as reconciliation. the crowd at the senator's meeting was so large that some had to be turned away. they were able to watch the meeting, though, for an overflow room. >>> well, tonight we continue with our series of report

john kennedy. >> thank you. >> thank you, steve. >> thank you, steve. i said, thank you, steve. >> thank you.Ñi marshal? where's my marshal?>> mr. moore, your next witness please. >> i would like to call, your honor, mr. doug casey. >> mr. casey. >> mr. casey, would you please place your left hand on the bible, raise your left hand. do you solemnly swear to tell the truth the whole truth and fog but the truth. >> so help me god. >> so help you god. >> which god? >> ok. >> oh, boy. >> mr. casey, i have your copy of atlas shrug, race your right hand. do you solemnly swear to tell the truth, the whole truth and fog but the truth, so help you, iran? >> you'll have to take my word for it. >> all right. mr. moore. >> mr. casey, thank you so much for being here today. the prosecution is trying to make the case that it was the failure of free market that caused this economic crisis. you were a long-standing student and lecturer and writer on american financial economic history. i would like to ask you this question, sir. do up see any evidence that it was the breakdown of free market policies that caused the financial panic that w

john kennedy. [applause] >> thank you. this thank you steve. >> thank you steve. i said, thank you steve. >> thank you. [applause] >> marshall where is my marshall? mr. moore next witness please. >> i would like to call your honor mr. doug casey. >> mr. casey. [applause] mr. hazy, would you please place your left hand on the bible and raise your left hand. [laughter] do you solemnly swear to tell the truth, the whole truth and nothing but the truth? >> so help me god? , which god? >> okay, mr. hazy i have your copy of atlas shrugs, would you please place your left hand on alice shrugged, place your left hand, do solemnly swear to-- >> you will have to take my word for it. [laughter] >> mr. moore,. >> mr. casey thank you so much for being here today. the prosecution is trying to make the case that it was the failure of free-market economics that caused this crisis. you are a longstanding student and a lecturer and writer on american financial economic history. i would like to ask you this question for goodies see any evidence that was the breakdown of free-market policies that cause the financial panic that we have seen in th

john f. kennedy famously said "we must think and act not only for the moment, but for our time" i'm reminded of a story of a great french marshal who once asked his gardener to plant a tree. the gardener objected the tree would not reach maturity for 100 years, the marshal replied, "in that case, there is no time to lose. plant it this afternoon." the president's wisdom was not lost on his youngest brother. by force of will driven by the sense of immediacy that he brought to every endeavor, ted kennedy had the ability to take actions today that might not bear fruit until a distant tomorrow. like all good leaders, when he struck out on a mission, he was able to inspire many to follow him. until the job was done. no matter how long it took or how hard the task was, that is not to suggest that working with ted on a difficult piece of legislation with sheer drudgery, although sometimes it could be utterly fatiguing. more often, and this is what most of us who work closely with him or against him will miss, ted kennedy would bring a sense of joy to even the most difficult, contentious, legislative negotiating session. while many of

john? >> he must deserve time off somewhere anyway. if he's around here, he'll enjoy nice conditions weather-wise. 70's around the area. nothing really happening on live h.d. doppler radar. 73 downtown. 68 at b.w.i. marshall. mid 60's. it looks like for today we'll be anywhere from 84 to 87. 84 is our normal high. partly cloudy with winds generally light and out of the east. the sun will be up, and when it does so, any patchy fog will dissipate. ripken little league world series going on. 84 to 86 for all the game times. looking pretty good. welcome to maryland. more coming up. >> now to our big stories. new details this morning involving that car accident in which olympic gold medalist michael phelps was involved. >> police have wrapped up their investigation and say while phelps was not involved, he will still be cited. here's rod daniels with more. >> a sea of baltimore county police officers flooded the intersection just before 9:00 thursday night. they were investigating a car accident involving olympic gold medalist michael phelps. he was driving east on biddle street when he was hit by a honda accord heading north on calvert. the driver of that car, amanda virkus, ran a red light. >> he had nothing

john f. kennedy famously said, "we must think and act not only for the moment of our time. i am reminded of the story of a great french marshal boost. plant it this afternoon." the president's wisdom was not lost by his own missed brother. the force of will driven by the sense of immediacy that he brought to every endeavor, ted kennedy had the ability to take actions today that not bear future until the distant tomorrow. like all good leaders, when he struck out on a mission, he was able to inspire many to follow him until the job was done. no matter how long it took or hard to put -- how far the task was, working with ted on a difficult piece of legislation, it could be utterly fatiguing. more often, and this is what most of us have worked closely with him or against him will miss, ted kennedy would bring a sense of joint even the most difficult, contentious legislative negotiating session. while many of my more conservative constituents have run me over the coals for just being willing to sit in the same room with teddy kennedy, the truth is that he and i did not agree on much. we did not agree on a lot of things. we sat ne

faithfully content if it african-american fess thurgood marshall used profanity in response to the messenger in if president carter and said this is why john finlay lewis put hillary refer this not for you to judge tariff if you became fuente for some people would complain about his behavior was but he did not have an desire to leave that job. he sought as the capstone of his live. >> host: what did you think of clarence thomas? >> guest: most people would come up and ask this question must assume there was a great deal of antagonism between two and, in fact, and told by people who work with justice marshall during their controversial hearings. thomas and anita hill, justice marshall of one point began to pry and the reason was he felt people were not taking the future justice thomas seriously understanding what a young man he was and how long would be on the port and the impact here and have filled a press conference that he had of the time he announced his retirement from the court justice marshall had spoken about their not being a black seat on the court and nobody to replace him with a black person. this was less said in reference to

john f. kennedy famously said, "we must think and act not only for the moment of our time. i am reminded of the story of a great french marshalt by his own missed brother. the force of will driven by the sense of immediacy that he brought to every endeavor, ted kennedy had the ability to take actions today that not bear future until the distant tomorrow. like all good leaders, when he struck out on a mission, he was able to inspire many to follow him until the job was done. no matter how long it took or hard to put -- how far the task was, working with ted on a difficult piece of legislation, it could be utterly fatiguing. more often, and this is what most of us have worked closely with him or against him will miss, ted kennedy would bring a sense of joint even the most difficult, contentious legislative negotiating session. while many of my more conservative constituents have run me over the coals for just being willing to sit in the same room with teddy kennedy, the truth is that he and i did not agree on much. we did not agree on a lot of things. we sat next to each other in the health committee for the better part of two

john f. kennedy famously said, "we must think and act not only for the moment of our time. i am reminded of the story of a great french marshalboost. plant it this afternoon." the president's wisdom was not lost by his own missed brother. the force of will driven by the sense of immediacy that he brought to every endeavor, ted kennedy had the ability to take actions today that not bear future until the distant tomorrow. like all good leaders, when he struck out on a mission, he was able to inspire many to follow him until the job was done. no matter how long it took or hard to put -- how far the task was, working with ted on a difficult piece of legislation, it could be utterly fatiguing. more often, and this is what most of us have worked closely with him or against him will miss, ted kennedy would bring a sense of joint even the most difficult, contentious legislative negotiating session. while many of my more conservative constituents have run me over the coals for just being willing to sit in the same room with teddy kennedy, the truth is that he and i did not agree on much. we did not agree on a lot of things. we sat nex