justice scalia: i bet you they're not. mr. shapiro: but i think it's also true, your honor, that warrants in general are rarely turned down, that the overwhelming percentage of warrant requests in all criminal cases are granted -- are granted by magistrates. justice scalia: but in many of them there is a lot of judgment that has to be brought to bear: is this a reliable informant, how long ago did he tell you, and so forth. whereas, in all of these cases it's going to be the same thing: his breath smelled of alcohol, he couldn't walk a straight line, and whatnot. and -- and that's the probable cause. and i don't see how the independent magistrate is going to do you a whole lot of good, except for the fact that it will delay the process. mr. shapiro: this court's entire fourth amendment jurisprudence, your honor, rests on the proposition that the privacy safeguards of the fourth amendment benefit by having a neutral and detached magistrate review the evidence before the state does something as intrusive as putting a needle in s

why scalia in past writings has compared sodomy laws to laws on beastiality and murder. >> jon: scalia! good old slippery sodomy slope scalia. ruff laugh aka antonin, aka lips manlis from the dick tracy movie. totally a pairing, you see on one of those web sites where the people look like other people. and then you click on it. (laughter) anyway, another standard bull [bleep] slippery slope argument. don't worry i'm sure antonin scalia has a much more-- of explaining it. >> it is a form of argument which is called a reduction to the absurd. >> if we can to the have moral feelings against or objections to homosexuality, can we have it against anything? >> i'm surprised you weren't persuaded. >> jon: yeah. i am surprised you aren't persuaded, gay student who asked why i cate is his love life with murder. no wonder scalia never lets himself be recorded. now the court won't hear arguments on the matter until the spring. and probably won't decide until next summer. you guys better hurry it up. because i hear new york is thinking oflyizing this ♪ i now pronounce you-- ♪ ♪ (applause) >> jon:

no, not anton scalia, the most conservative member of the court, because justice scalia disagrees withent. he does not believe that the right to bear arms is absolute. >> what limitations on the right to keep and bear arms are permissible. some are, because there were some that were acknowledged at the time. >> no, there is nothing any current member of the supreme court has said that could help crazy wayne make his case last night. and so he reached all the way back to a supreme court justice who died 41 years ago, and was a liberal member of the supreme court, who if he were alive today would be a solid vote for gun control on the supreme court. >> don't take it from me, take it from former democratic u.s. senator, and u.s. supreme court justice hugo black. 50 years ago, after he had been appointed to the united states supreme court by franklin roosevelt, liberal justice hugo black said, and i'm going to quote him right here for you. he said "there are absolutes in our bill of rights and they were put there on purpose by men who knew what words meant and meant their prohibitions to b

but again, there was a line there -- i looked at justice scalia, and he looked to be napping, and thesident said that we must change with the times, right in applying this constitution, and of course that's counter to everything that justice scalia believes. but then the president spelled it out, and for him to talk about income inequality and rich and poor and gay and straight, no matter what color, what faith, and we kept coming back to we the people. what i loved was it was rooted in the constitution. >> jennifer: right. which ironic given that scalia is such a textilist. >> yeah. >> jennifer: let's listen to this. >> obama: our journey is not complete until we find a way to welcome the striving hopeful immigrants who still look for the land of opportunity. >> jennifer: christine, so of course president got 71% of the hispanic vote. today he has a cuban poet, and a latino pastor give the benediction. he obviously know this is important. christine from your perspective knowing what you know about congress, is immigration reform going to get done in this congress? >> if the senate go

that's a difference with how justice scalia treats the founding fathers and went back?>> guest: justice scalia is often presented as an originalist. he's not an intentional list. he has said in his 1997 book, a matter of interpretation, in this book he says you can look for maybe a generalized intent, but you can't try to read the minds of the people who wrote the document and ultimately their intentions don't matter because they didn't ratify the document. they collectively author it. it's undemocratic to try to derive their intent, unless the intent is somehow an text advocating document. so i think justice leah is very conservative. he even said one of his speeches i've originalist. i'm not a nut. >> host: this is then put the founding fathers thought. judges, lawyers, law professors call original intention to what you're talking about original public understanding. what does everybody think quite >> guest: that's a legitimate strategy. and a big the only interpretive strategy, but it's legitimate to say the producers of words admit to the people who read the documen

book and exit with somebody, not everybody will think of as a mainstream conservative but justice scalia. they treat the founding fathers and bollenbach. >> guest: i think that justice scalia is often presented as an hour journalist because it is an original list. he's not in intentional list. he has said in his 1987 book about the interpretation i thought was a pretty good book and in this book he says you can look for a generalized intent, but you can't try to read the mind of the people that wrote the document, and ultimately their intentions don't matter because they didn't ratify the document. they collectively authored it, and it's undemocratic to try to drive their intent unless it is somehow in the text. i think that justice scalia is very conservative, but he said in one of his speeches ayman original list. >> host: and this has been a big change i think between looking at what the founding fathers fought and what a lot of people judges and lawyers and law professors will call original intent to what you call and talk about the original public understanding. everybody around the

scalia said you had a right in your home. >> sean: george washington, rifles and pistols are equally indispensable, they deserve a place of honor with all that's good. and thomas jefferson, no man should be barred the use of arms. >> were they talking about semi automatic and killing kids and firefighters? >> talking about rifles and pistols. i need to take you shooting because you don't know the difference, you use this, you don't know what bush master is. >> by the way, i don't have to go over niagara falls to know it's dangerous. >> sean: do you know what a bush master is, why did the crazy guy use to against the firefighter? we're going to work together on this. >> sean: coming up next, what anti-american, anti-semitic terrorist dictator once called the israelis blood suckers and quote, descendents of apes and pigs, i have a hint it's not ahmadinejad. it's somebody that you the american taxpayer handed over 1.25 billion dollars to last year. shocking comments uncovered and you'll see it next as charles krauthammer joins us ♪ [ male announcer ] how do you turn an entrepreneur's dr

scalia's hat is notable, but nowhere near as notable, as congressman? what are you doing? for the record to be clear, the first lady on monday wore tom brown, and she looked amazing. >>> good thursday morning. right now on "first look," defense secretary panetta says it's time to lift a ban on women in combat. not everyone is happy about. that hillary clinton saves congressional fire over the benghazi attacks. >>> the frozen tundra outside your door looks like america's credit card won't get rejected afterall. >>> and don't bet against a train. >>> good morning. another military milestone today. the secretary of defense is expected to announce by unanimous recommendation of the joint chiefs of staff that he's lifting the ban that prevents female soldiers and marines from serving on the front lines in combat. nbc's tracie potts is live in washington with more. good morning. >> reporter: this is a big deal. it's a ban that's been in place for nearly 20 years. after first rolling back the ban on gays in the military, now coming today this new announcement about new opportunit

this is not about the second amendment is the most conservative member of the supreme court, justice scaliawho said that the heller case, there could be some limitations. that is what he said, there are some limitations that can be imposed. so to pretend that what the nra is doing, you can't legislate, that defies what the supreme court and justice scalia said about this. >> that is true. i was endorsed eight consecutive times by the nra when i ran for statewide office in vermont. these people are not crazy. the local people, they are hunters, they just don't want their guns taken away. they don't believe you ought to kill a dear with the semiautomatic that has an eight-round magazine. they laugh at that. i saw a guy one time who gave a speech, saying i have a constitutional right to have a bazooka if i want one. they looked at the guy like he was a lunatic, this is a stupid, crazy thing to do to put the president's children in your political ad. it is a dumb, a hate-based thing to do. it may raise them money but sure wouldn't help their credibility with the average americans. even nra memb

c-span: justice antonin scalia, in your book reading law interpretation of a legal text, why now? >> guest: why now? because i finished working on it now. [laughter] >> host: why this book and how important, you have done a bunch in the past. >> guest: well, i've done a bunch in the past and this is the first time that i tried to pull together all of the what you might say interpretive causes the body consider important, textual, no use of legislative history, and i described the opposing theories of interpretation. and most important of all, or maybe most important, but certainly the most difficult have gone through the steps that izzie textual has to take in order to produce a correct reading of the text, namely the so-called tannin of interpretation, which are largely ancient common sense rules of how language is used. c-span: who you expect to read this? >> guest: i hope judges will to read it and lawyers. i hope all students will read it, and i hope legislators will read it because it is just as important that legislators know how their language will be interpreted by the cou

but i'm surprised that he is disagreeing with justice scalia on this issue. >> chris: you talked at the beginning about presidential leadership and you worked in the obama white house for a year or so. the president has too deal with the debt ceiling. he wants to pass major immigration reform. >> absolutely. >> chris: do something about climate change. has he told you how much political capital he is willing to spend on what is going to be a very tough fight? >> i think that the president has demonstrated tremendous leadership on this issue. i think the country rallied around him and h his leadership because he really was a voice for the parents who lost a child. >> chris: has he told you how much -- >> and i see from his actions and we hear from the white house and we hear from the vice president that they are going to lay down political capital on the issue and i think the one thing i would say to those people like larry and others who said we can't do anything about these issues is that whether it comes from the background checks or dealing with high capacity magazines which was the

the second amendment is there to constrain the government. >> chris: you think that scalia was wrongn he said that that right is not unlimited? >> he was not speaking from a constitutional perspective. >> chris: and, finally -- >> that was the supreme court justice. >> chris: you disagree with supreme court justices all the time. >> i agree. but i'm surprised he is disagreeing with justice scalia on this issue. >> chris: you talked earlier about presidential leadership and you worked in the obama white house. the president has to deal with the debt ceiling and wants to pass major immigration reform and wants to do something about climate change. has he told you, they told you, how much political capital he is willing to spend on what will be a very tough fight? >> you know, i think that the president has demonstrated tremendous leadership on this issue. i think the country rallied around him. and, his leadership after newtown because he really was a voice for those parents who lost they child... >> chris: he told you... >> and i see from his actions, we hear from the white house, and

bush and it's a lie when they're saying it about anthony scalia.alia said was it protects america's right to constitutional arms. >> if you listen to the president, you would think that's the view of all of them. >> of course. >>> we'll move onto the debt ceiling with the government on pace to run out of money by mid-february. >> yesterday, the president warned republican leaders raising the nation's borrowing limit was non-negotiable and congress aimed to use it as lever eventuallyiage for deep s. >> while i'm willing to find middle ground to reduce our deficits, america cannot afford another debate. not paying its bills is irresponsible. it's absurd. republicans in congress have two choices here. they can act responsibly and pay america's bills or they can act irresponsibly and put america through another economic crisis. but they will not collect or ransom in exchange for not crashing the america economy. the financial well-being of the american people is not leverage to be used. the full faith and credit of the united states of america is not a

what did scalia say? heller said, americans have a right to have a handgun in their house to protect themselves. the second amendment -- and that's one of the things i gave cruz, senator cruz, problems, ted cruz, for saying that, you know, this assault weapon ban is unconstitutional. no, it's not. and if he's a lawyer and people tell me he's a very good lawyer, he needs to go back and read heller. scalia could not be more clear. >> i'd like to have him on. >> this is about handguns in the house. >> we should. >> so you can kill anybody that comes into your house that wants to do your family harm. >> we've asked him ten times to be on. >> well, we'll ask him 11. he might be scared. i don't know. some of these people -- >> i know. >> some people get scared, they don't like them coming on because you don't ask them three minutes' worth of questions. you don't massage the ego. >> i wonder if one way of thinking about this in a broader way is assault weapons are the drunk driving in a prohibition debate. >> ye

a justice scalia. efrain divide was a banker in bozeman, a very conservative man, called and said what i take in fishing, and i said i would. i never really met him before. i tried to put them at ease by saying what the entire day is off the record, because otherwise you'll be asking about my judicial decision and i'll be asking you about the news and he didn't want to go there at all. and at dinner that night, my friend, the banker, opened the conversation in a provocative way by saying to me, they call him nino your i took them to a shop in bozeman, montana. and he said he got so that he came over and shook nino and enthusiastically and he said to him, thank you for allowing me to keep my guns. and he was very pleased with having said that to me. and i said to my friend, even justice scalia knows that's not the issue. the issue is what goes on in inner-city of america, him to new york and see the illegal handguns and the visits o on the neighborhoods there and justice scalia said, that's the issue an

anthony scalia in 2009 said they can't come and take your guns away. you can have a handgun to protect your family. but outside of that, they can regulate guns. and if you're a survivalist and you really believe the federal government is coming to kill you and your children, if that's your view in 2013, your paranoid, sick, twisted view, good luck getting the republicans to jump in your pickup truck and drive off the cliff towards political oblivion. that's what's going to happen. wake up. >> that group of people. then there's the towns and cities that are the home base to gun manufacturers. if you look at colt firearms outside hartford, connecticut, the state voted against -- or actually put off a vote on a certain inscription on the gun so they can track them better because colt threatened to leave. money. >> to that point and to joe's point, gun profits are largely what this is about more than regulation. >> it's money. >> sure. it's gun profits. >> the nra is about money. >> but a derivative of it in terms of a strategy to develop, to get the vote

. >> justice scalia made a joke about yale law school. justice thomas' alma mater and according to the court transcript he said, well, he did not -- and that's all he said. [ laughter ] >> jon: well he did not? i was going to after seven years you have to make them out. you're out of order! luke, i'm your father. that is unconstitutional. you can't handle the -- that's four (bleep). well, he did not. what does that even mean. >> what thomas appeared to be suggesting was that an ivy league degree didn't necessarily mean the lawyer was qualified and the courtroom erupted in laughter. >> jon: really? [ laughter ] good room. so that's your only equip you've been there seven years and no other equips. not a -- that's what she said? sounds like my wedding night. nothing? aristocrats, nothing? probably the last time we'll hear from him. you know he's going to pull a costanza.>> >>[cheers and applause] >> jon: welcome back. my guest tonight is cbs news chief washington creant and moderator of "face the nation." please welcome back to the program

supreme court justice antonin scalia says the u.s. constitution is not a living document.s acarding to the "dallas morning news." the paper quotes scalia telling an audience at southern methodist university on monday, "it's dead, dead, dead." the justice also reportedly said law schools do not adequately emphasize decisions should reflect the letter of the law. a political crisis over the debt ceiling might be further off than you think. chief congressional correspondent mike emanuel tells us about an idea to push the deadline the summer. >> sources say treasury officials told them to extent the debt creeling to mid-may could be stretched so the next deadline for action won't be until august if the senate passes the bill. to buy more time, they say extraordinary measures can be taken. the senate republican leader calls the debt crisis a chance to make the both leaner a more efficient. >> reducing the debt we eliminate an additional drag on the economy. so this isn't a conversation about austerity. it's a conversation about growth. and opportunity. >> republicans say part o

scalia says that the second amendment allows various kinds of firearms. >> and you have been watchingierre closely, i would think this is pretty much on track. >> this is on track, but wayne lapierre has made a calculated decision to try to co-op the decision and change the debate. the nra has an absolutist interpretation of the second amendment, something i used, something "the washington post" used, that is what most would consider an extreme interpretation, an interpretation that says the citizens have the full right as the police force. that is the right of "the wall street journal" editorial page. >> and you maintain it is for the right of individuals to be able to match law enforcement and even military in fire power. >> the driving force of the nra is that they believe they want to have the legal right to be heavily armed to fight a future tyrannical government. but if you listen to other second amendment activists, such as neo-nazi organizations, they called it a zionist type government. so the nra occupies a far right of the spectrum, the real message is they have an absoluti

justice scalia says that individuals can have handguns in the home. but can they have them outside the home? can they have bigger weapons or concealed carry laws? those are still up for grabs, and even icongress manages to pass something it is not all clear it is going to be declared constitutional. >> justice scalia also says that the second amendment does not guarantee anybody who wants a gun to have a gun any time, any place, anywhere they within a it. even the most conservative supreme court justice says there are limits. >> thank you for following me and tweeting about this. there is a big interview coming up with america's top commander in afghanistan, general stanley mccrystal, we'll talk about gun control with him and the war in afghanistan as it now stands, we'll be right back. >>> no shortage of good reasons tonight for the "ac360" interview featuring america's top commander in afghanistan, president obama's choice, chuck takal, to run the pentagon, president obama pulling out all troops by 2014, not leaving any military presence behind. tha

senator clair mccaskill tweeted about it with the hash tag scalia weird hat.is portrait of 16th century lawyer saint thomas moore. there were plenty of other note worthy head gears including justice breyers somewhat understated skully and senator happen's big white cowboy hat. none as memorable as aretha franklin's inauguration hat from four years ago. it was quite something. a lot of people will be looking to see what the first lady wears tonight. we will have an official preview of the inaugural ball. not one but two correspondents live and on scene. team fox smotherrage as they dance the night away coming up. this is fox news channel. >> shepard: continuing coverage of the inauguration festivities here in washington, d.c. as the night moves on. all eyes are on the president and first lady as they get ready for the inaugural ball. it's one of two official balls taking place tonight. far fewer back in 2009. look here, that's brad paisley on stage right now. commander and chief's ball honoring members of the military and their families. let's listen. ♪ everyth

there is a second amendment problem, just read scalia's majority opinion. for people with criminal records and mental illness. >> stephanie: as you were talking about scalia -- don't you remember there was a conflict of interest thing he went duck hunting with dick cheney -- >> yeah. >> stephanie: i have heard many duck hunters make this point. you can only have three shots in your shotgun when you are a duck hunter, right? >> right. >> stephanie: so literally people have made the point we give ducks a better chance than our kids. why is there no outcry about you can only have three bullets in your gun before you have to reload, right? >> yeah, the controversies in this issue are limitless. you can still see the caution that a lot of the senator were displaying there in some of the questioning, and this is still going to take a full court press by the president and advocates. last night in connecticut there was a public hearing in the town of nowtown that the state legislature conducted, and family after family who's children were killed testified, the loca

a giant jest, people, he knows everybody in colombia doesn't do cocaine and he understands that scalia'sal statement. he mocked it, go with it, have some fun. factor tip of the day. that's it for us tonight. check out fox news factor website different from billoreilly.com. and we'd like you to spout off anywhere in the world. oreilly@foxnews.com and the word of the day, do not be m

turns out justice scalia's hat was given to him st.homas moore society, and president inauguration is setting it abuzz. and so far the highlight of the ball is the nice plate of chex mix they provide and eric cantor headed to the white house with my wife diana for coffee with the president and vice-president and their lovely wives. >> i congratulations president obama on the inauguration and celebrate the country with this american tradition. what are your favorite tweets? follow me on twitter at greta wire and send your top picks hakt greta. and the president had the majority and a massive surplus bill and pushed through health care reform. it was an easy political ride. since republicans took the house in 2010 well, it's been gridlock. how do the freshmen congressmen plan to break the stalemate. and first, the issue of obamacare, it's passed, but a lot of dissension about it, your thoughts, what you think you can do with it or you intend to do? >> hopefully we can rein in some of the worst excesses testify and mitigate some of the da

justice scalia said individuals can have handguns in the home. can they have handguns outside the home in can they have bigger weapons? can they have concealed carry laws? even if congress passes something, it's not clear it will be declared constitutional. >> justice scalia said the second amendment does not guarantee anyone a right to have a gun anywhere any time they want it. >> thank you. let us know what you think. follow us on twitter. we have a big interview with america's former top commander in afghanistan, who has strong word about weapons in civilian hands. and also the war in afghanistan. we'll be right back. at 1:45, the aflac duck was brought in with multiple lacerations to the wing and a fractured beak. surgery was successful, but he will be in a cast until it is fully healed, possibly several months. so, if the duck isn't able to work, how will he pay for his living expenses? aflac. like his rent and car payments? aflac. what about gas and groceries? aflac. cell phone? aflac, but i doubt he'll be using his phone for quite a while

what's the difference between how justice scalia treats the founding fathers and when it back. he is not an intentional stand he said in 1987 of interpretation it was a pretty good book. and in this book he says you can look for a generalized intent, but you can't try to read the mind of the people there were the document and ultimately, their intentions don't matter because they didn't ratify the document. they collectively author and its undemocratic to try to derive their intent unless it is somehow in the text as an interpretive guide to the document. so, i think that -- >> host: this is been a big change but in looking at what the founding fathers thought, a lot of people with lawyers and law professors to call and talk about our original public understanding. what the devotee of them think? >> guest: i think that is strategy to say what will these words have meant? it's a completely illegitimate strategy to stay what did john adams right in his journal with the keynote coming up. one of the things how we've spoken on this with some quotations the constitution does what? m

making fun of the country of colombia and mocking the hat that justice scalia wore to the inauguration. and i said if he had round ears he would be a mouseketeer didn't like at it, miller is a satire, wise guy, making points by exaggerating and berating and along with jon stewart, the best in the business doing that. why are you reacting to what miller says? it's a giant jest, people, he knows everybody in colombia doesn't do cocaine and he understands that scalia's hat is a historical statement. he mocked it, go with it, have some fun. factor tip of the day. that's it for us tonight. check out fox news factor website different from billoreilly.com. and we'd like you to spout off anywhere in the world. oreilly@foxnews.com and the word of the day, do not be miasmic when writing the factor. thank you for watching us tonight. please always remember the spin stops here and we're definitely looking out for you. ♪ >> and welcome to "hannity" and you are looking at the frontiers of flight museum in dallas, texas where later want we'll show you an f-16 fighter jet and exactly why your tax doll

justice scalia says that individuals can have handguns in the home. but can they have them outside the home? can they have bigger weapons or concealed carry laws? those are still up for grabs, and even if congress manages to pass something it is not all clear it is going to be declared constitutional. >> and justice scalia does not say a person can have a gun anywhere, any time they want. even the most conservative supreme court justice says there are limits. >> thank you for following me and tweeting about this. there is a big meeting with the former general, stanley mccrystal, we'll talk about gun control with him and the war in afghanistaas it now stands, we'll be right back. at 1:45, the aflac duck was brought in with multiple lacerations to the wing and a fractured beak. surgery was successful, but he will be in a cast until it is fully healed, possibly several months. so, if the duck isn't able to work, how will he pay for his living expenses? aflac. like his rent and car payments? aflac. what about gas and groceries? aflac. cell phone? aflac, b