>> i think it goes back to the magna carta. [laughter] >> tried it jump quickly to present day.laughter] >> i think it was article 57 of the magna carta that said three men would not be deprived of their property without just and due process and that is what i am asking for here. i think the mls has been an anomaly -- i think the issue is did is an anomaly. >> am i correct in saying that one result of the passage of this amendment would be that alternative delivery services could use the telex? >> yes, back in the 1970's, people thought that would destroy the post office because you would get first class mail which is great but it does not seem first like force permitted -- like force -- like first class mail is not probable any longer. i don't know that really changes anything. it would solidify and codify the ideas that private property is private property any individual has the right to exercise the decisions of how you used by final property. >> the problem is, you look to the point of view of private property. the effect of this amendment would be to further hurt, maybe cri

. >> sanford levinson, what about the magna carta system that the british have? does that work better to have, basically, an unseen, unwritten constitution? >> well, that's a very, very important question. i have come to believe that there are means by which if you win the election, you can tell because the party that takes over, the coalition that takes over can really do things. and, of course, this raises the whole specter maybe they're going to move too quickly, maybe they're going to be too abrupt, maybe they're going to pass bad legislation. but there is a sense of elections really counting. and it's certainly difficult to look at the united kingdom and say that they have had a noticeably worse system than we have based on whatever criteria you wish. one of the things that i advocate in the book that i published most recently, a book called "our undemocratic constitution" as i allude to in the afterword, is i would like to see a new constitutional convention. and my fantasy is that it would last two years and that the people at the convention -- and i assum

[laughter] >> some might argue that the constitution derived from the magna carta. >> the amendment raises the risks, the financial risks, of the post office. i thank you. >> senator levin. senator akaka. >> no. senator carper. [inaudible] >> senator mccaskill. >> i am going to say no instruction. i do not want to cast a vote without them being here. we are going to pass again. ok. a no vote. .> senator begich > >> no. >> senator collins. >> no. >> senator brown. >> no. >> senator mccain. >> no by proxy. >> senator paul. >> aye. >> senator moran. >> aye. >> senator lieberman. >> no. can i go back -- >> senator mccaskill. >> senator mccaskill is no by proxy. >> senator brown has just appeared. >> underground. ok. -- senator brown. ok. mr. chairman, the yays are two, the nays are seven. on this vote, the yays are six, the nays are 10, and the amendment is not agreed to. >> thank you. >> thank you, mr. chairman. i think the senator wanted to be noted that she based her vote on the napoleonic code. [laughter] listen, this amendment -- i do not think we have passed the amendment yet so maybe th

senator paul was visiting with me about the magna carta. [laughter] >> i do not want to miss the recommendation because i think this is a very important piece of work and i think you are on track to reaching an important point. where is the reference to the appeal to the prc? what page or line is that on? >> answe forthcoming. >> ok. >> i believe that has to do with the service stanozol -- service standards. >> the staff is kind enough to tell me that anytime the service standard is violated if there is a peak -- an appeal to the post of regulatory service. >> it is already in law? >> correct. >> secondly, that would be that any post office that is proposed to close after these standards are adopted could make an appeal on the basis but the standards ever adopted by this piece were violated. >> that is true, and it is affected -- effective upon its enactment. but it also includes those post office is currently being considered by the post office today. >> it includes them, but is not limited to them. >> it is not >> the words "market domina