appearance of a person into account in combination with other factors to try to determine whether at lste can put to the side whether we think that's good social policy. or whether we would encourage adequate policing or whatnot. there was another case, ortez, that was handed down the same day and went through what the relevant factors may be. they include the number of persons in a vehicle, and the ability to not speak english, the questions they give to the officer and the nature of the vehicle. all of these factors can be taken into account. now this may strike some of us as a bad idea. and maybe bad law and bad policy. but i think it would be hard to frame a fourth amendment argument on those terms. now a somewhat more- >> let me ask a question, if i am playing devil's advocate and we take it out of the realm of scussing hispanics. the case law you just told us about, it almost rings true to a time when it was constitutional in this country to discriminate because people becausehey are of african dissent. >> that's not true, this is 1975 and there was one in 1973 that may have bearin

this dereliction of duty is important for at lst two reasons. one, a budget is the first and necessary step to control spendi. every household in the country knows that you have to get a budget together to know your income and expenses to separate priorities and decide how you're going to spend precious resources. the same is true in washington, and yet this year the american people and congress and the administration will not have the opportunity to use that tool. the second reason is that it just confirms the worst that people feel about washington. people around the country ready believe that too many members of congress care more about their own re-election than they do about solving the problems of the country. this just confirms that members don't -- the majority at least don't want to take tough votes. that they are more worried about their own political protection than they are about trying to do what's right and solve problems. mr. speaker, it is irresponsible to even try to pass a budget this year. therican people deserve better. i yie

interesting about our culture, somebody with a scandal or comes back with a health issue, somehow it lstsmething in our culture that cries out for that. >> speaking of scandal, fergie, the sarah ferguson was caught sord of redhanded in what seemed like a sting. it was a guy who was posing as reporter. he was posing as swurn who was trying to allow her to get access to her ex-husband, and she basically said for three quarters of a million, i'll give you access to prince andrew. it was all caught on tape. the audio, the asking for the money, you can read the transcript -- i mean, it's actually hard for me to watch this. we've had her on the show. >> we had her on "the big idea." i sense i could tell she was mixed up. her whole idea was give me and i'll set up trade -- and i'm sure people rationalize -- >> it's not el legal, basically? >> it's illegal. that person is bribing her to set up business with a public official. >> here's $10 i'd like to meet meredith, and i say here's meredith. >> only $10? >> would that be illegal? i don't think that's -- fergie issued an apolicy. she said -- it i

called them a head, he was too much in the academic world and it was a little bit threatening to at lst some people. as far as the racial dimension some oobviously there are racists w i think it's unfair to the tea party movement to label it a racist movement. the vast majority of them, their views are not motivated by race and by the way, obama doesn't think so, either. for a little bit of perspective, remember, they called bill clinton a murderer, a drug dealer. they said that franklin roosevelt, i'm talking about the critics now, that he had syphilis in the brain. abraham lincoln was a monkey. thomas jefferson, they were going after the sally heming thing in real time in the early 1800's. so politics has always been a contact sport. and i think it's important for supporters of the president not to blame all the criticism, even when it's fierce and oftentimes untrue, to blame that criticism on racism. as he said, at one point, he said, look, i was black before i was elected. and the american people elected me anyway. i asked him, you know, about this a little bit. and i found in talki