soledad: jonathan turley, nice to have you. jonathan: thanks. soledad: along with a pending the supreme court, the president-elect is already involved in another controversial legal issue -- the contentious multibillion dollar dakota access pipeline, which has prompted protests for weeks. donald trump owns stock in the company proposing the pipeline, and a federal judge won't decide until early next year whether it can go ahead. that could mean many more weeks of protests in north dakota, where pipeline opponents have started outlining their plans for the coming winter. >> coming up, trump voters want to bring jobs home. >> they're working full time and they are still poor. >> find out how your work life could change. and the votes still being counted. are protests about to change the way we elect the president? then, imagine ordering an uber and getting a lift from your u.s. senator. soledad: november 2016 has not been an easy month to be a pollster. remember, these are the folks who said donald trump's chances of becoming president were, at be

. >> our jonathan turley is professor of law at george washington university.nks for joining us. >> thanks. >> you studied the issue closely. scalia, obviously taking a different position than the man who greatly admires him, the president-elect. >> that's right. in 1989-1990, the court ruled you couldn't restrict free speech for flag burning saying flag burning is a form of political speech. perhaps the all miultimate form political speech. scalia was historical in terms of purpose and history of the constitution and it's interesting, because donald trump has really cited scalia as his model for the supreme court. but what president-elect trump is suggesting can't be done. he's got to get through not just the supreme court but the constitution itself. he can always move for a constitutional amendment that was done in 2006. he can also try to change the supreme court. he has the seat open of one of the people, scalia, who voted to protect that type of speech. >> all of those initiatives are difficult, but that was a 5-4 rulie ining saying you can burn american

for answers we turn to my old friend professor jonathan turley from law jon. >> we are talking aboutatch act that prohibits government workers from engaging in politics. does this apply in this case and this fbi director. >> no. i think it's pretty absurd. first of all, people are talking about the hatch act as if it's a criminal law. it's not a criminal law. more importantly. >> not a criminal law. what does that mean. >> is he not going to be criminally charge people under the act. you can go to investigation. you can be disciplined. but for a case like this, this type of violation it wouldn't be charged criminally. is he not even in violation of the civil violations of the hatch act. the hatch act was designed for federal employees to stay out of elections using their influence on the outcome of elections. nobody suggesting that director comey has a favor here and is trying to influence the election. >> some democrats are exactly suggesting that. that's what harry reid suggested. >> i think that's pretty clearly. there is no evidence of intent under the hatch act. that's not even

legal scholar jonathan turley is a law professor at george washington university law school and a legal scholar. he was floated as a supreme court candidate himself, albeit by the libertarian candidate for president. professor at george washington university law school and a legal scholar. he was floated as a supreme court candidate himself, although by the libertarian candidate for president. nice to have you. i'm trying to decide whether to say congratulations or sorry. jonathan: i was counting on that libertarian sweep. where did that go? soledad: the media was wrong about a lot of things. let's talk about what's at stake here. at the end of the day, you really have eight supreme court justices, one spot to fill -- replacing scalia. does that shift balance of power in the next one individual who donald trump has the ability to replace? jonathan: it would have if election turned out differently. it would have been a shift because hillary clinton would have replaced the ultimate conservative vote, he actually did break from the right on a number of occasions. he had a libertarian aspec

we have george washington university law professor jonathan turley says we're raising a generation of emotional wrecks. that's after this. don't go away. .. cubicle welcome back. we have new reports coming in the colleges are tried to now comfort students upset by trump's victory. there was a cry in at cornell university. it was also plato and coloring books at the university of michigan. professors at other schools even helping students helping students to organize protest. he is highly esteemed in the academia academic world. our these colleges doing and the service. particularly concerned with law students who are given this type of treatment. you need to understand as a law student and as a young lawyer that the bad things happen and you lose sometimes. you pick yourself up and you keep going. none of the things i respect is that she doesn't give up she didn't fall down and go through long periods of self-pity. we are raising a generation of a moshe they get angry when they lose an election. a democratic process it didn't turn out the way they like. you don't go to a baseball game

our second speaker is professor jonathan turley. it's going to be tulane day. jonathan turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. he began his teaching career at tulane law school and then joined the george washington university faculty in 1990. and in 1998 became the youngest chair professor in the school's history. he's the founder and executive director of the project for older prisoners. he has written more than three dozen academic articles that have appeared in a variety of leading law journals, including those of cornel, duke, georgetown, harvard and northwestern, among others. he most recently completed a three-part study of historical and constitutional evolution of the military system. he has served as a consultant on homeland security and constitutional issues and is a frequent witness before the house and senate. professor turley received his undergraduate degree from the university of chicago and his law degree from northwestern university. his fi

from washington to analyze constitutional law expert at george washington university professor jonathan turleyofessor, take us through. so there are different levels of registries and different ideas and different requirements to earn a spot on that registry that may be constitutional and unconstitutional. tell us which are which? >> sure. well, first of all, the important thing to note is that if you're just talking about whether something is constitutional, as opposed to the policy issue, i think the question is relatively clear. what president-elect trump is suggesting is not unprecedented and would not be unconstitutional. if he is talking about in monitoring system, particularly isolating that he believes warrant extra attention, those types of measures have been done in the past. jimmy carter did that with iranian students there was a program that focused on muslim country after 9/11. it's not unheard of and generally not viewed as unconstitutional to isolate certain places of origin. it gets a little more problematic when you isolate religion. >> can i stop you there? so what i understa

legal affairs correspondent nina totenberg and also george washington university law professor jonathan turleywritten extensively on constitutional issues. professor, as far as nominating as the process goes, i think people assume it's going to be easy for trump to get his choice confirmed, he's got a majority in both houses of congress. is that actually the case? >> well, remember, this is not a wide margin. even if he picks up the seat in louisiana, you'd have 52 republican senators. you can throw in on a tie vice president pence. but that is not necessarily a lead pipe cinch of a margin that you need as president if you're going to put someone on the court who has said that they're opposed so thoroughly to roe v. wade, that could -- you could end up losing a few moderates on the republican side. but the dynamics are very interesting. because remember, in two years of those 25 senators who will be up for re-election, most being democrats, 10 of those democrats are in states that trump carried by 55% or more. so those democrats are not necessarily guaranteed opponents to a nomination. >> nina

joining me, senior legal analyst, jeffrey toobin, also, jonathan turley, professor at law at george washington concerning constitutional law. jeff, the distinction that donald trump seems to be making between the supreme court ruling on same-sex marriage and roe v. wade, it's interesting, he says one is settled, doesn't seem like he thinks the other necessarily is. >> that's not really true, legally. the supreme court just last june reaffirmed roe v. wade in very ringing terms in the case out of texas and of course, they have approved same-sex marriage. as a legal matter, they're actually in very similar situations. politically, it's very difficult. it's that even the conservative movement has sort of given up on same-sex marriage, whereas, abortion remains where it has remained for our entire lives, the most important issue to social conservatives. and he made promises and he's going to keep them. >> jonathan, how realistic is it that the supreme court could fully overturn roe v. wade? it's been more than 40 years since the ruling. 40 years with a majority of conservative court and the ruling

our second speaker is professor jonathan turley. it's going to be tulane day. [laughter] jonathan turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. and began his teaching career at tulane law school and then joined the george washington university faculty in 1990 and in 1998 became the youngest chair professor in the school's history. he is the founder and executive director of the project for older prisoners. he has written nor than three dozen academic articles that have appeared in a variety of leading law journals and including those of cornell, duke, georgetown, harvard, and northwestern, among others. he most recently completed a three-part study of the historical and constitutional evolution of the military system. he has served as a consultant on homeland security and constitutional issues and is a frequent witness before the house and senate. professor turley received his undergraduate degree from the university of chicago and his law degree from northwester

our second speaker is professor jonathan turley. it's going to be tulane day. [laughter] jonathan turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. he began his teaching career at tulane law school and then joined the george washington university faculty in 1990 and then in 1998 became the youngest chaired professor in the school's history. he's the founder and executive director of the project for older prisoners. he has written more than three dozen academic articles that have appeared in a variety of leading law journals, including those of cornell, duke, georgetown, harvard and northwestern, among others. he most recently completed a three-part study of historical and constitutional evolution of the military system. he has served as a consultant on homeland security and constitutional issues and is a frequent witness before the house and senate. professor turley received his undergraduate degree from the university of chicago and his law degree from northwestern

this is what jonathan turley said.and the effects on college campuses. >> there was the same response after the ferguson, missouri, protests and some faculty said you don't have to take tests, you don't have to come to school, and it misses the point. in college, you learned a lot about being a citizen. and the burning of the flag, these protests are really ignorant and hateful. that flag speaks to rights. not to results. you can't say that you like the democratic process, but only if it comes out your way. it's like saying i like going to baseball games but only for the score, and what's being missed here particularly with the students and particularly with law students is we're raising a generation of emotional heem mowphiliacs, if legal or political things don't go your way, something upsets you, you have a modern version of the vapors. that's not a good thing to support. if you feel that anger, if you feel hurt, then it should be used as a motivation to learning more, to get out there. to do things. >> when he was

out, it was night after night, immigration, people were standing up, people like law professor jonathan turleynd many others saying, this is a slippery slope. this is not somebody known for defending a lot of republicans. this is a slippery slope, if we let the executive have this kind of power and the democrats said, it is fine, it is fine, because they liked the dreamers executive order, they liked the other -- the attempted executive order on immigration that was later struck down by the courts. the warning was if a republican gets into this office -- >> right. >> -- are these same people defending this action going to defend it this way? you know that they will not. >> well, the thing is it was a counter to the obstructionism i was describing to you earlier. i think among the democrats it was rationalized as a necessary -- >> the system is designed to be obstructionist, that's the point of the system, to obstruct. that's why it is there. >> i think historically americans have, in fact, sought to get something done and sought compromise. what we've seen from republicans under obama was exac