was killed in the duaaduel with 1804 but before he died he had a power the fourth chief justice john marshall and he wrote this opinion where he used the power of judicial review and assess for us as judges of course this is what was meant to declare that the law is. that was a starting point when it all started with. it has to come from the fact that they have lifetime tenure and they are independent so from that, john marshall said he had madison arguing that they should have the power of the judicial review but they didn't put it in the constitution because it wouldn't have gotten past and jefferson had nothing to do with the constitution but the power became established and you have a succession of pieces of course in the court of last resort inevitably will be the case before them, but deciding for the future. we are not final because we are infallible, we are infallible because we are final. i probably didn't answer your question. if i didn't come it was delivered. >> how did the so-called muslim men play golf in the supreme court? -- muslim ban play out in the supreme court? >> they di

he wrote about how they were choosing four cases from the term of john marshall. in the end, he did advance the moral authority of the court, the judiciary, the law and lawyers. one signature moment, of course, came when he and his colleagues, four of him, including him, has been ape pointed by richard nixon. issued a ruling unanimously against the president's interest. in the words of justice stevens, quote, burger's opinion for the court in the united states versus nixon may well have done more to inspire confidence in the work of judges. the confidence that is the backbone of the rule of law than any other decision in the history of the supreme court, closed court. some would say that the chief justice the constitution is naive. as the chief began his work on the by centennial, thurgood marshall warned about euphoria knowing the sins of the framers enshrined in the compromise. the chief who was quiet but very impressive work right here in this building. he understood this argument but felt, nonetheless, that the high principles contained in our constitution and

from matt john marshall said in the federalist papers you have madison are giving the power of judicial review. they didn't put it in the constitution because it wouldn't have gotten past. he was often france having a good time but the power of the judicial review became established and then you have a succession of cases. the court of last resort the inevitably there was a political component because they are deciding for the future and justice jackson said years later we are not final because we are infallible. we are infallible because we are final. i probably did not answer your question. if i did and it was deliberate. >> how a will president trump's travel restrictions play out? >> i don't think they will take the case. in the first place the 9th circuit on executive order to the 9th circuit did not base it on the constitution. they pasted on the immigration act and they said under the immigration act he did not have the power to stand people based on their nationality and didn't have the power to discriminate based on nationality and what was interesting was they were willing to

he's learned fox had finished eighth grade, a man who called himself john marshal hired her to babysit. the call came from a phone booth ath the grocery. he promised to pick her up in a red beetle. >> if you have intent to do this, are you going to make arrangements to have this girl come to the town you live in. >> reporter: no one hz ever been arrested. fox's dental records b went missing the agencies involved including prosecutors state and federal didn't share information. >> back then you had the fbi that was a separate entity. they didn't cooperate with nobody. >> reporter: police are working with little physical evidence and no dna in this case. in 1974 it was at a time there was any cameras. the internet or social media to help solve it. so we ask why now. >> the answer is why not now. this woman is alive, somewhere, somehow this newscast will get to her. someone is going to see it. >> reporter: despite conflicting theories. >> i disagree with the thing she rather than away. >> reporter: it was to start new leads. >> reporter: a death bed confession, an anonymous tip. >> i don'

referred earlier to tell the story of the supreme court and the four cases he chose from the term of john marshall. in the end, he did advance the moral authority of the court, the judiciary, the law, and lawyers. one signature moment came when he and his colleagues, four of whom, including hand, had been appointed by richard nixon, issued a ruling unanimously against the president's interests. in the words of justice stevens, "burger's opinion for the court in united states v. nixon may have done more work to inspire confidence in judges, the confidence that is the backbone of the rule of law, then any other decision in the history of this supreme court." some would say that the chief justice's believe in institution, and even his devotion to the constitution, were naive. indeed, even as the chief began his work on the bicentennial, the great justice thurgood marshall warned against euphoria, noting the sins of the framers as they were enshrined the 3/5/compromise5 -- compromise. he understood this argument, but felt nonetheless that the high principles contained in our constitution and in our la

chief justice john marshall rules in favor of the charity. -- the cherokee. he says removing their land is unconstitutional. andrew jackson, in typical manner, very jacksonian manner, response to chief justice marshall and says "justice marshall has made his decision, now let him enforce it." he completely ignores the decision and the indian removal goes through. the most infamous episode in this removal was the trail of tears in 1838, 1839. 50,000 charity -- cherokee -- and next lecture, we will look more at the cherokee civilization. they made a strong effort to try to comply. it was not enough. 15,000 of them were moved from georgia to oklahoma on a journey, on foot, that was 116 days. terrible conditions. roughly one in four cherokee die of disease or malnutrition. that is 4000 cherokee. just to give you an idea. there is the route of the indian removal. just to give you an idea of how bad things were. there was a confederate soldier after the civil war and he had this to say -- he said i fought the war between the states and i have seen many men shot, bu

as opening next week we opened an amazing exhibit on john marshall and his constitutional legacy. not only the great chief justice but also his golf stones which were at the modern ms. museum down the street. it was in operation that almost killed him. i'm really thrilled to announce that recently the charitable trust gave up a very important grant that will provide the money for new gallery on the constitutional legacy of the civil war and reconstruction it is exciting and important but we raised the rest of the money that will allow this to be open because we will display along with rare artifacts in a partnership with the gettysburg foundation the flag that he flew over independence hall. rare copies of the 15th amendment to the constitution. which made the promise of a new book the freedom of gettysburg reality and the constitutional progress. in a way that all americans and students from eight to 80 can appreciate. on the first war of the constitution center to display the rarest first draft of the constitution and then the amendments of the second founding. there is more to

one of my favoritest, most favorite scenes of all is when he was about to appoint john marshall, secretaryf state, one of his staff people, clark clifford, said mr. president you might want to think twice about that. and truman said why is that? and he said if you appoint him secretary of state about two or three months people will start saying general marshall will make a better president than you are. and he said general marshall would make a better president than i am, but i'm the president and i want the best people around me. he's not bedazzled by the fact or envious or jealous by the fact that eisenhower and marshal and all these people are taller than he is. no, not at all. one of our luckiest breaks in our whole story is that gorge washington was there when he was there in the beginning. >> no doubt. >> and never forget george washington was the commander in chief not just for the eight years he was president. he was also incommander in chief for the eight years he was commander in chief of the army when we had no president. so he was our leader for 16 years, longer than anybody in

and chief justice john marshall rules in favor of the cherokee. he says removing their land is unconstitutional. it looks like the plan is done. andrew jackson in typical manner, very jacksonian manner, responds to chief justice marshall and he says justice marshall has made his decision, quote, now let him enforce it. and he completely ignores the decision and the indian removal goes through. the most infamous act, episode in this removal was the trail of tears in 1838. 1839. 15,000 cherokee and actually next lecture, really look a little closer at this cherokee civilization, because they made a really strong effort to try to comply. wasn't enough. wasn't enough. the cherokee 15,000 of them removed from georgia to oklahoma on a journey on foot that was 116 days. terrible conditions. roughly 1 in 4 cherokee die of disease and/or malnutrition. that's 4,000 cherokee. just to give you an idea. there's the route of the indian removal. this will give you an idea of how bad things were. there was a confederate soldier after the civil war from the state

for the judiciary, that's john marshall. you read that on the literature, he's just a giant. for the presidency -- some people give a nod to george washington but his conceptualization really gave way to thomas jefferson and thomas jefferson in creating the presidency was almost a contradiction. he turned it into a powerful thing originally. for the congress, there isn't a major, at least to my knowledge. there's no major figure that did this. there are two problems, when you think about the branches. one is the internal design of the institution, how it's going to organize itself for work. that's a major focus of their paper. there's also the role within the ensemble of ranches, whether relations are going to be with each other. the judiciary and the presidency -- this is a rough and ready generalization -- much of that development of literature focuses on the relationship between the judiciary and the rest of the political system, same thing with the presidency. for congress in this paper and i think rightly so, most of that developmental focus is internal design. that's wh

the father of the power of the article iii branch of government, the supreme court, john marshall, retired in virginia's fifth district. patrick henry retired in virginia's fifth district. lee and grant sat at a table and ended the american civil war in the fifth district of virginia. and a young woman named barbara johns stood up in the face of possible injury or death to start the virginia civil rights movement in the fifth district. so it's pretty humbling. but it gives me a good lesson in who we are. so many on my side of the aisle criticize president obama when he said, you know, if you have a business, you didn't do that. somebody else did that for you. i'll defend him. i'll defend him. did you it with blood and sweat and tears and hard work and persistence and the willing tons stand up time and again after failing. you did it. but you did it because you stood on the shoulders of giants who gave you the opportunity to do it. that imperfect people, thomas jefferson, a slave owner, who gave us near perfect documents. james madison, documents that have been revised, oh, i don't know, 27

the ships are burned and sinking and the americans are losing and john paul jones runs on the deck of the ship supposedly and marshals his men and they go on to win the battle and capture the british ship. it's that kind of fame that john paul jones krafd. he was an ambitious person -- craved. not everybody else is enamored of somebody who is super ambitio ambitious. so john paul jones was constantly getting fired by the continental congress and didn't get the commands of ships he wanted. he ends by taking his baseball bat and glove and leaving after the american revolution. he signs up to fight with catherine the great's navy in russia and he hopes he's going to make a lot of money that doesn't work out. at the end of his life he moves to paris and dies in obscurity. but his fame as this daring naval commander for the american revolution lives on beyond his lifetime. and eventually his body which was buried in paris is brought back to the united states early in the 20th century and he's now buried at the naval academy in annapolis, maryland this picture of john paul jones, done about ten years before he died i think

thurgood marshall's life is very much a part of both of these initiatives. as to our court's history in 1961, president john f. kennedy appointed thurgood marshall as a circuit court judge in this court until 1965 when president lyndon b. johnson appointed him first and solicitor general of the united states and then as an associate justice of the united states supreme court, the first african-american appointed to that highest court in our land in a career on the court that spanned approxima spanned 32 years. in this building, justice marshall occupied chambers on the 20th floor. his successor in that space, our belov beloved wilfurd who occupied that space succeeding justice marshall. over the years, judge feinberg had an opportunity to move to bigger quarters as he gained in society but never level justice marshall's chambers. he said to me, if it's good enough for thurgood marshall, it's good enough for me. second circuit marshall wrote 98, 12 concurrents and 12 dissents as david on our staff attorney office noted in his article for the 125th anniversary collection of biographies of judges of the second

marshall heights neighborhood. that begins at 3:00 p.m. at 50th and d streets southeast. a local athlete. john gonzalez has a look at the presentation to a special olympian. : not a dry eye in the house in northwest d.c. athlete and ambassador chester edwards knows that he's going to los angeles wednesday for the sb awards, the 25th annual sb awards. he knows he's going to be on stage when 27 athletes and teams from around the country are recognized, and former first lady michelle obama will posthumously honor the founder of the special olympics. what he didn't know, when he woke up this morning, he found out he will be flying to l.a. with some special hardware. take a look. here at the special olympics headquarters, the 43-year-old was surprised by chairman tim shriver with his own real espy and awarding him for his success and innovation in bringing open water swimming, and endurance sport, to the special olympics. >> looking at the folks who have received one of these in the previous years, and to see special olympics athletes and myself receiving one, it's an honor to be a part of that. jo

marshal the talent of people. ford: essentially it's all about john kelly being an effective gatekeeper going forward. as for anthony scaramucci, he pretty much cooked his own goose on this one. john kelly is in charge. cheryl: someone who has been on the trading floors in new york city. whether it was on the record or not we don't know. shelby, aside from that scandal, the next question has to be as we move forward, the structure of the white house. that's key. that seems to have been a problem. a lot of cooks in the kitchen. whether it's reince priebus or jared or ivanka. can kelly fiction that and streamline that management process? >> management is the word. when you talk to people in the white house, they say competing views are a good thing. but they can't happen in the wrong setting. you can't have leakers leak everything out to the press. it undermines the whole process. he needs to figure out who he can get in the room when it's critical and the president needs to make a decision. he need to figure out who should have access and be able to walk into the president's door without asking permiss

john carlos? >> i don't think so. but before answering that, let me say this, others who followed his lead, brandon marshall, the linebackerith the broncos on malcolm jenkins with your philadelphia eagles no repercussions, it's ckaepernick who owns this. he was on the cover of time magazine. the whole controversy seems to center around. he was not the only one. when you consider the fact that domestic abusers and people guilty of various forms of misbehavior find a place on nfl rosters, pack man jones was suspended for some run-in with the police several months ago. this guy has a rap sheet a mile long and collects millions of dollars for the cincinnati bengals who at various times seem to run a halfway house. you have to believe colin kaepernick, regardless of whether you agree or disagree with him politically, deserves a chance to ply his trade. >> you make a convincing argument. can i say i thought michael vick -- he got criticized for things he said. he withdrew some of that -- >> he walked it back. >> bob, i thought he was giving him agent like advice, he was not telling him what's right, he was simply saying you want

cillizza, one of the headlines yesterday was john mccain made a return and did so with the scars of brain surgery still fresh. >> warrior, ambling in there, marshaling his strength. >> absolutely. it was poignant and powerful, what he called for. listen to this. >> we've been spinning our wheels on too many important issues because we can't trying to find a way to win without help from across the aisle. that's been an approach employed by both sides, mandating legislation from the top down without any support from the other side with all the parliamentary maneuvers that requires. we're getting nothing done, my friends. we're getting nothing done! all we've really done this year is confirm neil gorsuch to the supreme court. >> chris, just felt like john mccain feels like now is the time to speak his peace. >> i think that's right. i would say prior to the john mccain surprise decision to return to washington, i'm not sure mitch mcconnell had the votes. i think probably brings portman from ohio on board, probably shelly capito on board just to get this open to debate. i think it is a worthy sentiment expressed by senator mccain. i think those words, h

so if they aren't able to marshall these votes, if there are three no votes on this, the question now is what does senate majority leader mitch mcconnell and john cornyn, his whip, what do they do next? do they forge ahead and vote this bill down and try and fight another day with a different form of legislation? or do they bring it back and continue to go through this process all over again? because keep in mind, don, and this is an important part of this conversation, one of the reasons they keep attempting to ram this particular bill through is because it falls under the rules of the budget reconciliation act. and therefore, they only need a simple majority to pass it. if this bill fails, and they've got to start from scratch, now you're talking about needing a bill that has 60 votes, which is something frankly that john mccain suggested they needed to do anyway to come up with some sort of bipartisan solution to this health care situation. but that's one of the reasons -- i would be really surprised if mitch mcconnell just allowed this bill to die because he would lose that very important tool that he has right now in his arsenal in order t

doing is marshaling these hidden political forces to go up against not democrats but the establishment republican leaders, people like mitch mcconnell, paul ryan and before him house speaker johnhner who was bannon's original target and forced to resign in 2015 in part because to have the energies that bannon and brite parent news unleashed in washington politics. >> woodruff: okay, on just a straight a measurement as you can, how successful has steve bannon been in getting his ideas across in this administration? >> well, it would be hard to argue that bannon hasn't been shockingly successful overall. if you go back three years, and i tell this story in the book, steve bannon was closely aligned with jeff sessions who, at the time, was the populist republican senator from alabama, and bannon tried to talk sessions into running for president not because he thought he could win but he thought sessions could elevate the issues of immigration and antipathy to free trade to the top of the republican agenda. and sessions ultimately decided not the do that, but by linking up with donald trump, bannon was able to not only get that on top of the republican agenda but make it all the w

the people to signalized the belief so for the king of parliament we have an amazing exhibit on john marshall that includes the degree chief justice but also of to confess his gallstones. [laughter] to be reported happily here at the national constitution center. and that operation that almost killed the great chief but i am thrilled to announce the charitable trust for the seed money for a new gallery for civil war reconstruction we need to raise the rest of the money because the display of their rare artifacts from philadelphia with partnership of the gettysburg foundation but on the way to the first inaugural with the 13th and 14th and 15th amendments of the constitution that made gettysburg a reality to talk about equality in america the way all students can appreciate i've so excited of the possibility of a constitutional center to display their rare first draft and careerist of the second and that is very exciting there is more to say but this is so exciting it would be very easy to make floyd abrams is a constitutional hero america's greatest first amendment lawyer i once wrote if i we