state sovereigns under the taxing authority. we know that the federal government can regulate states as employers -- where the states actually wonunder a 5-4 saying we were not subject to federal regulation under commerce clause, then garcia overturned that, again, 5-4, saying that the federal government can require states as employers, to be subject to those fair labor standardables and terms and conditions of ememployment. now i'm still not happy about garcia, and frankly i would like another shot. now the question, under of the rule of law is whether the federal government has the ability through the irs to regular laid my sovereign state under a taxing authority. you know, and again, what has been taught in law schools all around the country over the years, is that states as sovereigns are not subject to federal taxation. we don't have a tax form that we fill out. so i point that all out to demonstrate that under our challenge, it's not so much just scott pruett and explained from a congressional officer's position, the focus on challenging the act, but i think ours really lends itself to this question of federalism, whether

in terms of the actual vote, talk about red states and blue states, we red states and blue counties. i live in missouri where st. louis and kansas city, these little blue coastlines source be a long state board and then 150 of red counties in between. i think it's all but two statewide officials in the democrats. that's where the people live in population centers. but you can't, republicans do -- drew the map but that's a lot of republican territory. republicans increase competitive supermajority of the increased it. this is partly why we have such different maps. in the presidential voting the republicans can only count on texas among the largest states. states like california and illinois and new york voted republican for president at least some of the times, but what's happened is the urban centers including it in suburban counties, the fairfax county's of the world are voting so strongly democratic, but you have small areas, it's hard to draw a map to give you a lot of legislative seats. sometimes you can outvote the rest of the state in statewide races but you have to turn out to

have to do to establish exchanges, how states establish exchanges, how states compare with other states in establishing exchanges. the only purpose, the only type of exchange referenced in section 1311 are state-established exchanges. not only that, the only way a state can establish an exchange is complying with 1311. so, we have this parallelism with 1311 and state exchanges. looking at those two provisions, you would think that's only it. the law only provides for state exchanges but we know that's not true. there's another provision section 1321 which provides for the creation of federally operated exchanges and what the heck does that mean given what we've just seen about 1311 and 1401. 1321 provision that creates federal exchanges uses very specific language. it says if the state fails -- and i'm paraphrasing. if the state fails to establish exchange, the federal government secretary shall establish such exchange. what does that mean? is it talking about a different kind of exchange? is exchange in section 1321 different? no. when it uses the word exchange -- imagine a slide behin

states. we have some more backsliding in some of the red states. more the governor side than in the state legislators side. we've seen that happen to send agree with medicaid. some states have also been trying to think about using the lower end of the income eligible exchange enrollees as a way to get federal money without having to get their hands dirty and medicaid. this would upset arrangements including a syscon sin the governors reelected and with the arrangements. it will be harder for state politicians on the republican side is playing is still get the money. i'll have to say we've got to do something here, which is an interesting positive development in the longer-term political science, but discomfort for those who are saying it's all your fault we didn't have much to do with it. we it. we end up with some type of hybrid state exchanges. his majesty may say the current boundary lines and what can or cannot qualify as the seed exchange might be suggested under this law, the improvisational ability is that looks like a state exchange to me should not be discounted. i think it will

state shall establish an exchange. all 1311 have to do, all 1311 relates to the state exchanges. what states have to do this though this exchanges how states compare with other states in establishing exchanges. the only purpose the only type of exchange referenced in section 1311 our state established exchanges. not only that the only way a state can establish an exchange discount by complying with the terms of 1311. so we have this parallelism between 30 and 11 in state exchanges. looking at those two provisions you think that's it. there are only going to be state exchanges though we know that's not true. they're provisions such as 1321 which provides for the creation of a federally operated exchange and what the heck does that mean given what we have seen? 1321 is the provision that creates federal exchanges uses very specific language. it says that the state fails and i'm paraphrasing, fails to establish an exchange than the federal government secretary shall establish such exchange. well what does that mean? is it talking about a different kind of exchange? >> exchange in 1321 somehow d

a phenomenon washington had the gridlock and of the states have had a tremendous policy movement in different ways, so we have a red state blue state phenomenon was very divided states and so the republicans have had abortion restrictions and the democrats have had a minimum wage increases and a couple of gun control measures. and now it's all republicans and they control 23 states. the governorship in both chambers, plus nebraska and even in alaska at the independent was republican until it became independent. democrats are in the seven states now that control 27 states after the 2008. now it's just 16% of the population and 12% of that is california. so it is tiny states. connecticut, delaware, rhode island, hawaii, oregon, vermont. so what's been happening is people that that want to do policy wanted to policy innovation and things that are stuck in washington have gone to the states but now democrats are going to have a lot fewer places to go. so i think that we are going to have an age of austerity in certain policy issues it is all pretty predictable you won't see obama care expanded. there is a tremendous fiscal incentive to

a phenomenon washington had the gridlock and of the states have had a tremendous policy movement in different ways, so we have a red state blue state phenomenon was very divided states and so the republicans have had abortion restrictions and the democrats have had a minimum wage increases and a couple of gun control measures and now it's all republicans and they control 23 states. the governorship in both chambers, plus nebraska and even in alaska at the independent was republican until it became independent. democrats are in the seven states now that control 27 states after the 2008. now it's just sad than periods of 16% of the population and 12% of that is california. so it is tiny states. connecticut, delaware, rhode island, hawaii, oregon, vermont. so what's been happening is people that that want to do policy wanted to policy innovation and things that are stuck in washington have gone to the states but now democrats are going to have a lot fewer places to go. so i think that we are going to have an age of austerity in certain policy issues it is all pretty predictable you won't see obama care expanded. there is a tremendous

state. state negotiations with another state and occupied power. >> for their part, the israeli government insists that recognising palestinian statehood on a unilateral basis will push peace backgrounds, not forwards. law-makers are not alone. 135 companies recognised a palestinian state. among the european nation, poland, sweden, slovakia and hungary. britain and ireland passed non-binding votes calling for the state to be recognised. france will vote this month. spain's parliament is not the first, and is unlikely to be the last >>> 15 people, including women and children have been killed in an army drone strike in the city of rafa. several others were killed in a separate incident in sinai peninsula. they were killed in an exchange of fire between armed groups and the egyptian army >>> al jazeera continues to demand the release of three journalists who have been gaoled in egypt for 356 days peter greste, mohamed fadel fahmy and baher mohamed are accused of helping the outlawed muslim brotherhood. in charges they denied and they are appealing their convictions. >>> petrol bombs and grenades hav

free states, slave state, large states and small states on the basis of where you live that's going to affect how you think about political issues. you have precommitments on the basis of who you are or to take this in terms of modern and social philosophy, there's no john walsy and veil of ignorance behind which you can step. so you won't know what your future condition will be when you try to think about what a just order will be. we all know who we are, what our states are and we'll act on that basis. for all these reasons constitution making is necessarily an imperfect process. and it's a -- when you think about it, a very powerful essay. there's nothing like it in the 30-so vol uumes we have. the inherent difficulties of constitution making. so that's my first point here. the second has to do with the passage from federalist 49 and 50. again i'll summarize this quickly both for those who were here this morning and those who are newcomers this afternoon. so these two essays, this is a long passage, which i better read. kind of fine print as you guys are seeing it. it's a very curio

state. jake waters continues to play well. and then some of you also saw ohio state, from start to finish, in complete control in this game. wink ning 55-14. 7-1. don't forget, next week, east lansing, abc, ohio state and michigan state. we'll see you then next saturday. ok, so it's a pretty simple formula: what you put in the back of your truck, is all about what you put in the front of your truck. and here's the main ingredient: ford super duty's second generation, 6.7 liter power stroke diesel, which makes this the most powerful super duty ever. it delivers more max towing power than any other pick-up. 31,200 pounds. yeah, that's nearly sixteen tons, professo you're welcome. this is ford super duty. >> live from the abc broadcast center, this is the news at 11:00. >> a local teenager is killed in a local crash. and four people were injured at a shooting at the verizon center. and it is just the start of november, it is starting to look and feel like late december. some states received snow today. here in the d.c. area, it is the wind that is the issue. highly -- our meteorologist will tell us about the weather. gusts,k out these wind 25 mile per hour 230 mile per hour gusts, and with these wind

state vote. small states don't have an equal state vote, their their basic interests are going to be dominate order overridden or whatever. the problem with that is, if you ever ask the question what are the interests of small states, you can't come up with an answer. don't look so skeptical. let's go across the chesapeake to the eastern shore. there are three states, right, delaware, maryland and virginia. i had a funny conversation about this once. i don't think there are that many differences of opinion. in the 18th century, one would have been a large state, virginia. the largest. one would have been a moderate, maryland. delaware is a mistake that was detached from pennsylvania. three counties detach, became a state for no obvious reason. i would assume that on the eastern shore, they have a common interest in chicken farming or oysters or whatever goes there. problem is i was in an airplane coming back from two people who -- is there a branch of the university of maryland on the eastern shore? they said they are very different parts of the eastern shore. i'm not convinced. at least i had to t

states. so if the democrats have fewer left verdicts of power in the states -- fewer levers of power in the state,. the best thing ever to happen to was to do so well in 2010, because they could draw lines and the state legislatures and in congress as they saw fit. that really locks in at least for 10 years. very favorable lines for the g.o.p. so you have a lot of states democrats don't have any leverage at all because they the governorship or the state house or the state senate. in which some states the democrats do control everything and those are certain will fine for the democrats. term in termsre of the policy impact, if you're not occupying the office you can't have much of an impact. term impact, and onen't done all the figures this, looking at the statewide offices in general, everything state, statey of a.g., state auditor, these are havees where the democrats historically done well. but you are increasingly seeing making gains on these offices and the more state afices you occupy the more of farm team you have for future politicianings in the state. if the democrats don't have auditor s

are trying red-state policies, blue states are trying blue-state policies and there was some big argument about this, especially on taxes. on the democratic side, certainly the tax issue was significant in maryland, massachusetts, and illinois. didn't put the republican over the top in connecticut but certainly that issue was strong for republicans. and then on the flip side, democrats believed that they would find some way to pin overtax cutting on democrats in places like kansas. i would say in the north carolina senate race, which was not a governor's race but certainly tom tillis was pinned with the policies that he'd been involved with and enacting when he was in the legislature and in wisconsin as well where both collective bargaining and taxes were there. all those states had on the ballot republican policies and republicans prevailing. a couple of other points, very large wins for two hispanic republican governors, in nevada and in new mexico, and again, as carlin mentioned, more consolidation of gains in state legislative races. republicans gained both portions of th

states even by townships, town governments. currently we have about 31 states out of 50 that require some form of i.d. when you vote. about half of those states require a photo i.d. now, in every state that requires a photo i.d., the law has also been tasked to provide a photo i.d. to anyone that doesn't already have one. opponents of this will say, well, there's no voter fraud in the united states and therefore we really don't need this kind of an honor system. well, two years ago i published a book with my co-author that which we go through case after case after case of voter fraud. in the last months we've had individuals indicted for voter fraud in this country in mississippi, where the fraud actually changed the results of a mayor's race, in connecticut where a state legislator was indicted on 19 counts of voter fraud, we had a case just recently in tennessee where a woman was indicted for buying votes, which of course is illegal in this country. and just yesterday the associated press reported on a man in the state of new mexico who showed up to vote and was told that he had already voted. someone had shown up three days prior and had c

admitted they a the white house admitted they a strong situation in states in strong situation in states in 2012, in these red states guess 2012, in these red states guess what now this hurts them when it what now this hurts them when it comes to election night because comes to election night because they didn't have are fractur they didn't have are fractur fractur fractur infrastructure on infrastructure on the the ground. ground. >> thank you for joining us. >> thank you for joining us. >> thanks so much. >> thanks so much. >> why the pebble deposit is a >> why the pebble deposit is a valuable valuable issue. issue. and when mid term elections are and when mid term elections are not enough. not enough. i.s.i.l. warns the u.s. air i.s.i.l. warns the u.s. air strikes are welcome but the strikes are welcome but the fighters won't be stopped fighters won't be stopped without more help on the ground. without more help on the ground. >> amount now a snapshot of >> amount now a snapshot of stories making headlines on stories making headlines on "america "america tonight." tonight." brittany maynard the face of brittany m

state. jake waters continues to play well. and then some of you also saw ohio state, from start to finish, in complete control in this game. wink ning 55-14. 7-1. don't forget, next week, east lansing, abc, ohio state and michigan state. we'll see you then next saturday. ok, so it's a pretty simple formula: what you put in the back of your truck, is all about what you put in the front of your truck. and here's the main ingredient: ford super duty's second generation, 6.7 liter power stroke diesel, which makes this the most powerful super duty ever. it delivers more max towing power than any other pick-up. 31,200 pounds. yeah, that's nearly sixteen tons, professor. you're welcome. this is ford super duty. ( siren wails ) ( pop music playing ) ♪ when you're ready ♪ ready, ready, ready ♪ come and get it ♪ get it, get it ♪ when you're ready, come and get it ♪ ♪ na na na na ♪ na na na na na na na ♪ ♪ when you're ready, come and get it ♪ ♪ na na na na... female announcer: it's a great big world and it can all be yours. here and only here. ♪ come and get it. >> saturday night, and the big story on "action news" is a bringing drop in temperatures. if you did not pull out the sweaters and jackets today you

so many people vote from state to state -- move from state to state, and people vote in their new stater old state, and that's a violation of federal law and state law. so those two forms seem to be on the rise..3 gerri: have you heard of any instances of voter fraud? is there any specific thing you have your eyes trained on for this election? >> well, in this election, fortunately in kansas, i think we've pretty well locked down the situation. we're one, we became the first state to have photo id equivalent security for mail-in ballots and proof of citizenship when people register, and a couple other states are now moving the same direction, so i think we've got the situation under control. the only form of voter fraud that seems to be continuing in kansas is double voting because it's very hard to stop that -@unless you prosecute the crim. so that's what i'm looking at, is double voting, the one form that seems to continue in kansas, but other states all forms of voter fraud are occurring unless they have these protections in place. gerri: that means states have to cooperate and give

it was blue state after blue state and strong blue states like massachusetts and maryland, where they haven't elected a republican governor, since 1967. the republicans won tonight. they even won in illinois, president obama's home state. the only bright spots you're seeing is pennsylvania and of course california where jerry brown won big in the big state of california. >> barack obama didn't campaign in any of these states, he felt comfortable campaigning in some of these states, even michelle obama, it didn't help much. >> chris christ campaigned in 37 of these races and raised about $100 million for these republican governors. chris christie wo won big tonig. >> the republicans won big in 2010, they won big in 2012 and now they won big in 2014 in the state houses and governor's mansions. >> we'll talk with chris christie tomorrow morning. >> governor race, sam brownback one of the most conservative governors in the country. most massive tax cuts in the country, he won in kansas. will they say this is a validation of ideology? >> this is in kansas. the fact that he was even in a ti

state to in state students has changed. in the five years that i have been here at ohio state, it was about 18% out of state students, and it's now up around 25%. and what that mixture actually represents, i think is the -- what our benchmark institutions, those institutions we want to compare ourselves to, what their actual rates of in state and out of state students are. in fact we're about 10% behind those benchmarks. and we're having discussions right now of where -- what's the proper mix of out of state and in state students and where do we want to settle out in. one more point that i think is important, we continue to draw students and serve the state of ohi ohio--this first class is first generation students, this is the first time, they're the first in the family to go on and get a college education. so we are still, i think, reaching ohioans that can articulate here to ohio state. >> there are areas and programs that have developed that are headed now by vice presidents and associate vice presidents, et cetera. that staff these programs. and i also mentioned areas like compliance that i talked about before that now r

states. 29 out of 50 states. you know what? then today, let's make it an even 30. overnight last night, a statenator in west virginia, a democrat, left the democratic party and flipped his registration to republican. in west virginia, the state senate had been a tie between the two parties, but him switching flips control of the senate there to the republicans. republicans also got control of the state house in west virginia on tuesday night for the first time in 83 years. by this decision, he made west virginia the 30th state in the country where republicans now control both houses of the legislature. complete republican legislative control in 30 states. and we've only got 50 states. elections, consequences. democrats, do you guys have a catch-up plan for the states here or what? because the trend here is obliterating. >>> a doctor mat iblg attack by a hospital patient that injured several nurses in minnesota. the whole thing was captured on a hospital security camera.

found on tuesday, this was in fact in the governor's races a referendum on red state and blue state governance. the red state governance model won. the blue state governance model lost. the guys out there doing tax reform, collective bargaining reform and education reform and in particular those republican governors like scott walker in wisconsin, rick snyder in michigan, rick scott in florida, sam brownback in kansas, those who took big risks, they were rewarded for it at the polls. >> so what's the corbett of pent in a rout. why was he the exception? >> you didn't see with him the kind of achievements like in the other governors. walker a huge change in the size and power of government unions in that state. brownback big tax reform. >> that had results in wisconsin, collective bargaining reform delivered results in the sense it freed up local education budgets and reduced local property taxes or stopped the increase in property tax, which are a problem in wisconsin. it reduced teacher layoffs. >> i think this win, second win in a swing state with big reforms on the resume puts scott walker into that victor

this is neither an acknowledge.by the department of state or president of the united states that jerusalem is with the borders to of the state of israel. could the president, under existing statute and the secretary of state under existing statute, put that statement on the passport? yes, europe. they could put that statement on the passport. >> if congress then passed a law saying that that statement had to come off the passport, could congress do that? >> yes, justice kagan. the there is no restriction on the initial granting of recognition by the president, but the same token, the congress has the ability afterwards on deliberation to decide if they disagree with that recognition. but in the case that justice keep dish. >> that ever happened? >> yeah. >> in the history of the united states, where congress after the president had declared that it was not recognizing someone, has congress ever recognized? >> yes, justice sotomayor. in -- in 1898, congress passed a joint resolution for the recognition of the independence of the people of cuba over the initial opposition of president mckinlism and that ended up recognizes the

states. 29 out of 50 states. you know what? then today, let's make it an even 30. overnight last night, a statete senate had been a tie between the two parties, but him switching flips control of the senate there to the republicans. republicans also got control of the state house in west virginia on tuesday night for the first time in 83 years. by this decision, he made west virginia the 30th state in the country where republicans now control both houses of the legislature. complete republican legislative control in 30 states. and we've only got 50 states. elections, consequences. democrats, do you guys have a catchup plan for the states here or what? because the trend here is obliterating. that does it for us tonight. we will see you again tomorrow. now it's time for "the last word" with lawrence o'donnell. >>> well, it's person of the year time and the "advocate" magazine is the first one out of the gate. the editorial director will join me exclusively to reveal the person of the year. but first, what should democrats in the senate do now? >> hope springs eternal. >> john boehner returned to

, but the states are looking at this and they're going to pass minimum wage laws, whether you like it or not, it's g going to happen. >> i'm okay with it on a state by state level. that's the way it's supposed to happen. >> the states that passed it did not do a oneside size fits all approach. they passed laws that are going to sit for their state. that's what the federal objection is. kimberly, let me ask you this, president obama has suffered two defeats in the midterms, it's 2010 and now 2014. >> i think this one hurt more. >> what could the president do to not be a drag on democrats in 2016? is there anything he could do in the next two years that could actually help democrats rather than hold them back from wins? >>s there, attitude change, attitude change. >> you don't think her heard attitude change in the press conference today? >> i think that was a little bit of feigned attitude change and i would like to see him work on something specific, put his money where his mouth is. there are a few things that he can do that make sense for the country, that aren't going to hurt him, but shows that he's being a little bit more conciliatory, that he's goin

states army old guard. we have practically every service branch represented here today. the united states navy, united statesthat represent the 1814 garrison of fort mchenry. wearing the uniforms of the regular united states army, representing united states corps of artillery that was the regular army garrison of fort mchenry. what we will do right now, the united states army old guard along with naval detachment from the united states ship "constitution" we will now unroll the large flag. we will unfold it. you will see what they mean when they say broad stripes and bright stars.

stat book but i i think mississippi state falls to number three, i think they're still in this, i think those one-loss teams are comparable, ohio state, arizona statesee what they do later tonight, t.c.u. didn't play great but they put a w on the board, baylor comparable, i think of those one-loss teams i would take mississippi state. >> spencer: i think t.c.u. gets kicked out and that moves ohio state and everybody up a spot. >> adam: baylor. >> spencer: baylor as well. >> brian: in this era where you have to have style points, everyone is kicking t.c.u. out because they go on the road and don't play with the same fervora played last week, but i don't subscribe to it. >> adam: how does the committee judge this with ohio state's early loss against virginia tech. >> spencer: virginia tech, that loss to maple leafs a bad loss, virginia tech was not a very good team. ohio state has since rectified what their problems were and they're playing strong, the one loss that alabama had to ole miss, for example, that was a quality loss in my opinion. that's the reason why i think alabama deserves to be in the number two spot. >> brian: where do you rank missi

i think across the map, red states, blue states, purple states, republicans have been winning in these states and they then we haven't talked about lem slafb races or house races at the state level. you are seeing republican wins across the board. a lot of it has to do with however you feel about the president, what you are seeing, what people are seeing in the media is just a list of all of these things that they think he has done wrong right. >> is it started with the irs. it has the va scandal. internationally with the beheadings. people are feeling a lot of this. it's insecurity financially, dpeft deliand internationally. i have to put it on someone. >> i understand there is a perception issue. when people feel insecure, when they are afraid, they blame the people in power. we have seen a breakdown and trust in all of our institutions across this country. not just in our government institution. i wanted to finish my point about the confluentions of factors. there are a lot of fact orders that came into play. to just blame it on one thing because it's the easiest low fruit, if i am

a tossup and others seven states a tossup and others eight states in the eight states in the tossup? tossup? new hampshire, north carolina, new hampshire, north carolina, what burr your neighbor what burr your neighbor iowa iowa democrats think it's essential democrats think it's essential to hold the state. to hold the state. will it go with ernst? will it go with ernst? >> that's what every poll shows. >> that's what every poll shows. congressman bill braley has run congressman bill braley has run a campaign where he's had a campaign where he's had unforced errors that hasn't unforced errors that hasn't helped. helped. i would say it's a tossup right i would say it's a tossup right now now tossup meaning she looks tossup meaning she looks like she's ending ahead so the like she's ending ahead so the democrats should be bracing democrats should be bracing themselves for a potential themselves for a potential defeat. defeat. but what the democrats have in but what the democrats have in iowa is they iowa is they have in other have in other states is a very well oiled st

states to enhance their security. both bills provide that if a state accepts federal funds, the state government must pass the laws or regulations providing for the criminal background checks of persons who work with children. both bills provide that states compliance is essentially voluntary. a state that declines to improve its background checks foregoes federal funds under the child care development block grant bill, the state loses 5% of the funds under that bill. under our bill the state loses understand under the elementary-secondary education act. thus both bills have the same worthy goal, the same principle of accountability for federal funds, they even have the same basic enforcement mechanism. both were passed unanimously by the house of representatives, the child care development block grant bill two months ago othern september 15, the protecting students bill over a year ago. if one bill has legal problems that preclude it from being passed so does the other but in fact neither bill should be blocked. they both take the same approach and they both provide an urgently needed measure of security for our kids

state legislation to the commission feir approval. it shall propose letters to the mayor, board of supervisors, state and federal legislative committees, state and federal legislators on behalf of dart and its committees and the city of san francisco. >> i would suggest we add the president of the united states because the commission actually has sent letters to the president and that --. >> the president come upb under state and federal legislative and the president? >> right. >> okay, and the president. >> should we also add governor of california? >> yes, we should add governor as well. >> okay, and the president. >> ask the department, too, the department of state for aging and health department, federal government. >> yeah, that's a good point. i missed that. >> well, let's say state and federal legislative committees and departments? could we say it like that? state and federal legislative committees and departments, federal and state legislative committees and departments? >> how about elected officials without specifying president or governor we can just say elected officials. >> i think we should --. >> okay, hold on just a minute.

states how to pass the bill. they gave them the exact language to introduce. and they said, this is how you can make it constitutional. and then, states considerably toughened a.l.e.c.'s language. and we saw in statefter state after state, whether it was texas or pennsylvania or wisconsin, virtually identical pieces of legislation being introduced all by a.l.e.c. members. >> and have you found any evidence that points to why, you know, conservative politicians and corporate lobbyists would want to restrict voting? >> well, it's another example of trying to control who can participate in the political process and giving the 1% more power over the political system. just like the citizens united decision. so the idea is we'll make the electorate older, whiter, more conservative, as opposed to younger, more diverse, and more progressive. that way the corporations who are so powerful, they can increase their power over the political process. the more people that vote, the more democratic the political system is, the less power special interests have. the fewer people that participate, the easier it is for special interests to rig the game. >> is there a connection between the citizens united decision,

amendment or any other provision of this constitution shall be construed to provide any state, state agency or state officer with an immunity from liability for violating any act of congress or any provision of this constitution. why do you propose the amendment? >> guest: it's kind of a long story and an interesting story because the doctrine that is now in place, according to the majority opening, is implicit in the plan of the convention as part of the constitution. it started out in georgia, the question of whether there was a common law immunity to protect georgia from paying its debts. there was no such immunity, and then the 11th amendment was adopted in response to that decision, and for years, particularly opinions by john marshall, the amendments really was construed very narrowly to apply only to cases in which the state itself was asserting sovereign immunity. he basically construed in a way that if relief was granted by other state officers, the amendment would be no longer. that was basically the state of the law until after the civil war. during reconstruction the process of reinterpr

state a.g. race the g.o.p. gained two seats and pulled into the majority of state a.g. races for the first time in memory, if not ever. in the state legislature, a gain of i think nine, could state school superintendents there were about a half dozen contested races. very interesting ones idaho and so forth. there were frequently tea party type of gop candidates in the race is in a broad establishment accepted and the tea party gop candidates talk every single one of those races. in general it was a very strong night for the gop. issue by issue that democrats and liberals in general did quite well. the other one that was a little bit more balanced was the supreme court races, the democratic's kind of hold of their own. they took to a couple seats and states. the d's and r's and on balance they did gain a seat or two but it was pretty even. >> looking down the road a little bit what does it mean when you have a full ticket switch as you said to the superintendents in the state to the republican party what does that mean looking in the future? >> there's a short-term impact and longer-term impact. the short-term impact is pretty goo

acknowledgment nor a declaration by the department of state or the president of the united states that jerusalem is within the borders of the state of israel. could the president under existing statute -- and the secretary of state, under existing statute put that statement on the passport? >> yes, your honor, they could put that statement on the passport. >> if congress then passed a law saying that that statement had to come off the passport, could congress do that? >> yes, justice kagan. there's no restriction on the initial granting of recognition by the president, but by the same token, the congress has the ability afterwards upon deliberation to decide if they disagree with that recognition. but in the case that justice kennedy -- >> has that ever happened? in the history of the united states were congress, after the president has declared that it , was not recognized and someone -- has congress ever recognized? >> yes, justice sotomayor. in 1898, congress passed the joint resolution for the recognition of the people of the independence of cuba over the initial opposition of president mckinley. and that ended up recognizing

when you look at california and texas the two biggest states in the country, california takes in almost if we feel percent of its state economy in statend local taxes. texas only about seven and a half percent. so one state has high taxes and high services. the other has low taxes and low services. people can sort based on which model they like. >> and they're moving to texas. >> they do seem to be. >> gay marriage is a state experimentation sometimes. >> it is in the sense that some states have passed laws that have legalized gay marriage in the states now the federal government which do not technically recognize that is start of letting the states experiment and hopefully as it rolls out it's similar to pot legalization. people can learn from those experiments. so we like this or we don't like this or we can tweak it when it comes to our state. >> and alcohol problems ended in the same way. >> that's right. what happened was there a constitutional amendment that banned it. and when it was repealed it was left up to the states. and there were states like oklahoma which didn't actually go back to allowing the sale of liquor for decade

states have taken leadership to reduce their carbon pollution, and with some luck tonight and we win some seats in oregon and washington at the state level, we could have even more leadership from those in other states. >> woodruff: how do you see that? >> well, actually, the states is where a lot of these battles are going on. and what i'll tell you is the rules as currently proposeed by this administration, which represent an unprecedented power grab by the federal government, mix up and scramble exactly what the state authorities have been so far. they are topsy-turvy, and, frank leesh the governors' races will be just as important to determine whether we can even implement these rules. look, we talk about an unprecedented use of executive authority. and then dan wonders why the appropriations process, which is the only constitutional power that could possibly combat that is in play? the answer is obvious. >> woodruff: but i hear poafght you saying that is a lot of the action is going to be heading to the states anyway, no matter what happens in washington. >> that's right. >> that's right. and it's important to know that today president george w. bush's e.p.a. administrator endorsed the presiden

state. now every state also provides what's call a provisional ballot. so if you show up and you don't have your i.d., many states say that they will give you five days to come back to the election office with an i.d. and our vote will count. ome states have gone as far as offramp to a er photo i.d. requirement. there's something is what happens. they will have an affidavit that you can fill out where two other voters for example can swear that they know you and that you are a resident of the state. and then you get to vote. but my point is is these law have been in place for many years. it just hasn't been a problem for people able to get an i.d. >> sort of. so from indiana, from the very same state that he mentioned, there have been thousands of provisional ballots cast by people who went to the polls and did not have the proper i.d. there. that were not counted. many of which were cast by individuals who had been casting ballots for decades. we can't due to secrecy law in the state. every state is again different in this respect. know for sure who those people are. only the government in the state knows. but y

that the exchange must be established by a state and secondly, it must be established by a state under its authority under section 1311. both elements by a statenot on behalf of the state, under section 1311, are expressly illuminated in limiting terms in section 1401. there is no comparable subsidy provided for those enrolled in an exchange established by the federal government under section 1321. so at the end of today, that really should only need to say. i can sit down and that's the end of the discussion. but that's not the end of the case. the irs as was stated earlier has adopted a rule that the subsidies apply, the federal ban and state-run exchanges, even that there's no statutory operation for that. in fact, quite the opposite. so what is the plaintiffs claim in these cases? the core claim that subsidies are provided for state-run exchanges under section 1311 and not for federally run exchanges under section 1321. there are several rationales. jonathan adler and michael can and have put forth important work, scholarly work that the limitation of the subsidies was in fact purposeful. when the federal government realized that it could

while many of those seats are in states that president obama won, very few of them are in wildly democratic states. they're in the states like ohio and wisconsin and places where certainly some of those republicans will feel pressure, but it's not as much of a slam dunk as those six very red states that democrats faced in this election. >> michael, quickly. >> i'd underline what john just said. i took a look at the seats that are up this time. and you've got, you know, in target states, states that were carried by obama, you've got seven republican senators up. only one of those states that obama -- using the obama percentage of 2012 as an index get more than 53% of the vote. that's illinois where he got 58%, where mark kirk is up. the upscale voters did throw ut the democrat brad schneider and elect the republican bob dole, 2013. i don't think kirk is a sure loser, though he's an obvious target. six of those seven states have republican governors, which shows that republicans are capable of winning statewide. the obama percentage ranged from 48 to 53. this is not quite as juicy a target for democrats as the current --

people moving from state to state, it takes a while. those states will come, but not now. 2016 -- image and earlier the way the seven has been run, leaving a lot of these folks with not much of a chance to distance themselves. are hisid, what prospects for 2016? >> good one. >> he is running. we assume he is going to run. >> for reelection. >> you know. [laughter] >> let's assume he does run for reelection, what he has done in the past is cut everyone at the pass. any candidate who gets in the race cannot raise money. i assume that will be his strategy. >> cutthroat. >> the republicans got a good candidate who is well funded, we will have another barn burner. divided --enly >> the former congressman said a warm mantle would have beaten 2010, and they got the one candidate who could not pull the race through. he is obviously very well funded. do you expect to see harry reid in the senate in 2017? it, would not bet against because we will get a nasty phone call. is the kocht brothers on the right or tom's tire on the left -- or term on the left, how i

states army old guard. we have practically every service branch represented here today. the united states navy, united states

state has lost. >> mark: do you they leapfrog ohio state? >> rod: no. >> mark: they won. >> rod: but a more impressive win as this would be, against their rival. you know that mississippi stateright. >> rod: at some point, if baylor beats kansas state, they will have the same record and the work -- body of work as tcu. but it's ohio state that's the problem. >> mark: shock linwood, covers up with two hands towards the end of that run. picks up the first down. and bryce petty knocked out of this game in the third quarter. suffering a mild concussion. we were told by the trainer on the sideline, before he was knocked out, 18 and 25 for 210 yards. and moving forward, baylor has kansas state, a rank opponent, next week. for the big 12 championship. >> rod: we don't know petty's status that game. we don't know if he'll be available to play against kst state. >> mark: not only did they lose petty, but they lost devin chafin today, one of their key running backs. >> rod: if you look at things the way i do, and you start thinking, tcu, baylor, here's their match-up. and i believe, eventually, baylor will pass tcu. even though tcu has a stronger nonconference schedule. at the end of