. >> professor van alstein made a speech one time and he said the essence -- when he called on the judges - he called on the judges to enforce this constitution. we established this constitution for the united states and he said the good and bad parts, whether you like it or not, in the long run, that document will be stronger if the courts to enforce it as it is written. would you agree with that? i would ask you both to discuss that. >> yes, sir, i certainly do. i have said this in some talks -- the controversial nature of recent confirmation proceedings is attributable to some extent to the doctrine of the living constitution. when you have a supreme court that believes that the constitution means what it ought to mean in today's times it seems to me a very fair question for the senate or the president to ask when he selects a -- what kind of a new constitution would you write? that seems to me -- it is much less important whether the person is a good lawyer or a good judicial temperament for it was most important is what kind of a new constitution are you going to write. that is crazy