congress and state legislatures were given virtually unpower over regulating the economy, one of the reasons why when we challenged the affordable care act the only thing we could challenge was the individual insurance mandate because that was a step beyond which congress had never gone before. a line the congress never crossed above. bet pretty much everything short of that was difficult to challenge. >> host: what's the takings clause? it says private hort shall not -- nor shall private property be taken for public use without just intend addition. >> host: how is -- just compensation. >> host: has that taken away our liberty? certain parts are part of the lot constitution. the lost constitution are the parts of the constitution that have been taken away. the public use phrase in the takings clause has been re-interpret bid the court as meaning public purpose so rather than taking property for the use of the public, for schools or highways or railroad or something else like that, public purpose has been construed as broadly as economic development, making the world a there's no pla

. >> he's not that unpowerful. he's released the emails and surveillances of the cell phone calls and radio transmissions and tipped off the u.s. enemies on collecting the evidence, does that sound a little beyond the scope of whistle blowing? >> he didn't actually publish any of the things you just said. the people that published that was the washington postand the new york times. >> he had control of the information and handed that over to the journalists. >> and what he did when he handed that over, he said i'm providing you with a lot of information. much of this material that needs to be published, much is material you ought to read to understand how to system works and not to be publish and and i'm trusting you to vet this material and make choices as newspapers, just like going to new york times with the pentagon papers, i'm trusting you to make the decisions on what should be published and what should be. if you are upset ub the publishing, direct the criticism to them for publishing it, not for snowden for