mr. bernstein, you have three minutes 14 remaining. mr. bernstein: what this fantastic discussion has shown is why the the court, as it has in the pass code should keep the tea sections as a matter of equitable discretion rather than the constitutional are met. the court has met for freedom, generally speaking on the matter of equitable discretion that it is unconstitutional or miss. >> all weekend long, on the road to the white house, we are taking your comments on twitter, facebook, and by phone. every campaign event we cover is available on our website at c-span.org. >> democratic residential killing hillary clinton was in new hampshire friday for a town hall at keene state college. she talked about student debt, lgbt writes, and drug addiction. she also discussed gun safety, and an alternative group to the national rifle association. this is an hour and a half. ms. clinton: thank you. -- the court never would go on to say we will -- affiliatedn three trials there was no question there was a federal statute that limited state court juris

mr. bernstein. >> the issue is whether to decide miller's retroactivity. in today's case there is no jurisdiction because the point is enforce the supremacy clause which states that when, quote, the laws of the united states, unquote, apply, quote, the judges -- these are the key words -- in every state shall be bound thereby. there is no such thing as supreme federal law that depends on whether a particular state voluntarily makes federal precedence binding. when a state does that, when a state voluntarily adopts non-binding federal precedence, that creates no right under federal law which is what 1257 requires and michigan versus long does not apply. >> how would you describe the adequate and independent state ground on which this decision rested? >> i would say that the lack of a binding federal law question is an antecedent requirement, to borrow the terminology of the sg's brief, before you get to the adequate and independent state ground analysis. >> why don't we have jurisdiction to answer th

mr. bernstein, you have three minutes remaining. >> what this fantastic discussion has shown is why the court, as it always has in the past, should keep the teague exception as a matter of equitable discretion rather than constitutional requirement. the court has much more freedom, generally speaking, on a matter of equitable discretion than it does on constitutional requirements. there's no way to look at the prior precedents of the court in teague and any of those courts to say oh, here's what our equitable discretion is. the only time you get retroactivity is when the constitution requires it. that would have been a really short opinion. and that was not that. now, to turn quickly to the cases that have been cited, the critical difference between this case on the one hand and merrill dow and three affiliated tribes on the other hand is that jurisdiction under this statute is question by question under murdoch. in merrill dow, the question of whether the defendant's conduct had violated the federal drug labeling laws was a federal question. the court never would have gone on to say and we'r

mr. bernstein will inherit 60 for tomorrow. winds out of the north at 5. they've calmed down. a little drier, colder air mass. clouds will increase tomorrow, this'll be some sun to start. tomorrow starts out pretty nice. cool for halloween night, dry. mild or sunday, isolated showers. still not a bad day. and warmer next week. the 70s return. 70s tuesday, wednesday, thursday, friday. sometimes early november can be kind. 8:00 tomorrow morning, 44 downtown. 37 in manassas. 38 in fairfax. by noon, clouds roll in. upper 50s, primarily. the clouds will just keep the subushs under 60 degrees. still -- subushs under 60 degrees. still it stays dry. clouds creep in, 54 by 11:00, and 58 by 1:00. sunday, a shower possiblerbs under 60 degrees. still it stays dry. clouds creep in, 54 by 11:00, and 58 by 1:00. sunday, a shower possible. then the 70s roll in. we're talking mid-70s on tuesday, wednesday, thursday. upper 70s friday. maybe a shower late. all in all, that's pretty sweet! >> i think the trick-or- treaters won't be complaining! >> that's right. >> and some treats out there on the

mr. bernstein you will inherit 67 tomorrow. a live look outside. 68 right now. dew point's falling a little bit. wind out of the northwest at 8. drier air is going to move in overnight. temps are going to hold in the 60s tomorrow. a nice day, a perfectly nice saturday, no doubt about that. cold saturday night. grab a coat if you're out late. i think some folks may diinto the upper 30s on saturday night. beautiful sunday, a little milder, just about average in terms of temps. you may see upper 70s return as early as monday. temperatures in the 50s and just a few clouds lingering into southern maryland. that's about it. the rest of us partly cloudy skies, 51 in gaithersburg, 54 in fairfax. by 11:00, temperatures are still mainly in the 50s. if you have soccer games tomorrow, kids, and you're watching the kid, it's going to be kind of cold for the parents. keep that in mind, a little bit of a breeze. by afternoon we crawl back into the low to mid-60s, maybe 65. downtown at 3:00, and 63 in leesburg and 65 also in bowie and then by 6:30 we're back in the 50s across t

mr. bernstein, you three minutes remaining. >> with this fantastic discussion has shown is why the court as it always has in the past should keep the teague exceptions and matter of equitable discretion rather than constitutional requirement. the court has much more freedom on the matter of equitable discretion than it does on a constitutional requirement. there's no way to look at the par precedence of the court in teague in any of the scorched is a here's what are equitable discretion is. the discretion is. elite media productivity is when the constitution requires a. it. that would've been a really short opinion here and that was not that. now, to turn quickly to the cases that inside the. the critical difference between this case on the one hand and the three affiliated tribes on the other hand, is that jurisdiction under the statute is questioned by question under murdoch. the question of whether the defendants conduct had violated federal drug labeling laws was a federal question. the court never would've gone on to say, and we're also going to federalize everybody. we're going to

mr. bernstein. >> i think it was a bad, bad night for jeb bush. it was a bad night for trump and for carson. they didn't deliver the way they were expected to. more than anything, msnbc -- i'm sorry, cnbc was really reprehensible, but we got a real look at the republican party for the first time. and their anti-government message is really picking up steam. and the democrats got to pay attention to it. they're right about the mainstream media. we in the mean stream media need to read the right wing press more. i look at it. it's a very different universe than we talk about. and there's a lot of people out there that adhere to it. >> we know ben carson is leading in iowa right now, but did he prove a grasp on the complexities of issues like the economy? >> absolutely not. he had a prime time opportunity when he was asked about his economic flan and he was very vague on the specifics saying well, it might be 10% or 15%, somewhere in there. it was a really bad exchange for cnbc as well. becky quick said i've done the math on it, it doesn't work. she

mr. bernstein with a high of 75 today i believe? yes. i think that's going to be okay, but we're not going to know that. right now it looks good at 73. that's within three degrees. dew points in the low 50s, still pretty dry. winds out of the south at 13. some of us have a colder morning of the season so far, sunday morning temps in the 30s in the burbs. milder though. between 8:00 to 9:00 west of town, but not a huge deal. we have not issued a yellow weather alert, just not worth it. just a few showers tuesday, but still warm. seasonable on wednesday. with shade it will seem cooler, but seasonable. temperatures averaging around 70. that's where we will be on wednesday. 10:00 tonight we're mild. 58 gaithersburg, 59 manassas, 52 downtown. here come the clouds by dawn. temperatures in the 50s still. 55 in bowie, 56 in alnie and 56 in manassas -- olney, and 56 in manassas. again it's not looking at an organized batch of shower. by 9:00 they kind of dissipate with a lot of clouds in the upper 50s to the lower 60s. by 1:00 we're still in the

mr. bernstein? the court appointed you to brief and argue this case against this court's jurisdiction. you have ably discharged that responsibility for which the court is grateful. the case is submitted. >> today a senate judiciary committee hearing reviewing sentencing and corrections legislation. the bill would create two new mandatory minimums, five years for providing certain goods or services to terrorists, and ten years for interstate domestic violence resulting in death. watch it live beginning at 3:00 p.m. eastern on c-span. >> c-span presents "landmark cases," the book, a guide to our landmark cases series which explores 12 historic supreme court decisions including marbury versus madison. koramatsu versus the united states, brown versus board of education and roe versus wade. it features highlights and the impact of each case written by tony mauro and published by c-span in cooperation with cq press, an imprint of sage publications incorporated. "landmark cases" is available for $8.95 plus shipping. get your copy today at cspan.org/landmarkcases. >>> c-span has your coverage

mr. bernstein? the court appointed you as an amicus curie to brief and argue this case against this court's jurisdiction. you have ably discharged that responsibility for which the court is grateful. the case is submitted. >>> every weekend the c-span networks feature programs on politics, nonfiction books and american history. tonight at 8:30 eastern on c-span, we're live from council bluffs, iowa, for a town hall meeting with senator ted cruz followed by a live call-in program. on saturday night at 9:00 eastern, it's the jefferson jackson dinner live from des moines, iowa. speakers include democratic presidential candidates vermont senator bernie sanders, former maryland governor martin o'malley and former secretary of state hillary clinton. and sunday evening at 6:30, republican presidential candidate carly fiorina will hold a town hall. on book tv, the wisconsin book festival from madison featuring interviews with authors such as mary norris, david maraniss on the city of detroit and evan thomas

of the week takes us to the common wealth, and i want to thank howard bernstein, dj howard dialing upper -- up perfect weather. mr operator getting busy. let's get right to it. here we go. boy, you could not find a seat in burke tonight. west springfield, if you're a quarterback and your name is musket, that's a good combination. blast off the musket. to robertson, braddock with the lead. and their quarterback was bad, 35 yards for the touchdown. spartans back with musket. 28-21. in the fourth quarter, first and goal, atkins goes in, braddock wins 56-21. >> reporter: three touchdowns for you, and on homecoming? >> yeah, it's a great feeling. the line was block great, the holes wide open, just went through. >> we're happy to win, we'll celebrate a little tonight, then back to the work room tomorrow. >> they're looking at me like i'm crazy. all right, mt. vernon, looking good, but then he coughs it up, and richardson picks it up and scoots back the other way. the cavaliers shutting out, 49- 0. all right, crossing the border into maryland, the 4a division dominated by orchard, but the other teams battling, and playo

is jared bernstein, senior fellow on budget and priorities, and adviser to vice president biden, who is not running, and jim paulson is here this morning. lonny, given your relationship with mrand the fact that i imagine you have views on where it stands. you see what happened to trump going from number one to number two. how does he react to that, and what's ha do to everybody else on the stage? >> well, good morning, app drew. look, polls bounce around a lot between now and when the first votes are cast in iowa. tough to place stock on polls today or tomorrow. in terms of senator rubio, he'll present a forward looking vision on the economy. glad we can talk about the economy. we have not in the first two debates. there's a forward looking vision on the economy, best way to move america forward with foreipolic he feels good about the position in the campaign and where it's going. >> jared, when you look at what could happen tonight begin the trump factor and where bush is, what does he have to do to get back in the game? >> well, look, conventional wisdom is he needs a breakout performance. he had a tough few weeks because headlines talked both him downsizing the campaign f