waxman. waxman: we have before us a suit that the people -- both raises a claim that the framers would have been astonished to consider that federal district courts have jurisdiction to adjudicate and is misconceived. arizona defines its legislature in its constitution to include both the people and two representative bodies. in argument hinges on the premise that in drafting the elections clause, the framers intended to ignore a state definition of its own legislature. it is deeply inconsistent -- scalia: whatever the state calls a legislature suffices under a federal constitution, is that right? waxman: by using the word legislature in connection with the accepted definition of that term in the founding generation. we cited both noah webster and samuel johnson's dictionaries and it was understood that legislature meant the body that makes the law. scalia: give me one provision of the constitution that uses the term legislature that clearly was not meant to apply to the body of representativ

waxman: that's right. the question is are the people by initiative part of the legislature that they hum's -- they themselves have chosen? again, dressing held a brand this is what the court said. and it was because it was the authority of the state to determine what should constitute its legislative process that the validity of the requirement of the state constitution in its application to congressional elections was sustained. breyer: legislated -- scalia: legislative process there means what it takes the legislature to enact a law. once you assumeyour whole argument disappears. waxman: the state of arizona like the states -- the constitutions of the states of the near majority have defined the legislative power to include the people of the legislative initiative. like this court ordered last week in your eighth, it said that it is not unusual for the same word to be used with different meanings. for example, the meaning of the word legislature used several times in the constitution differs in the way i

dov waxman, northeastern university, joining us from boston and ari radner. mr. waxman has the u.s. support for israel become a partisan issue? >> well, i think this has been a process that's been going on for some time. i mean the republican party in particular has really sought to turn israel and support for israel into a wedge issue within the u.s. domestic politics in a hope of atracking some support and jewish donors and appealing to their own christian evening evangelical base. >> are we seeing a shift in the support for israel? >> it's true had israel like much of american politics has become more partisan. it is not only an issue between left and right it is a generationallal issue. millennials are more supportive than other ages, and american politics like gay marriage or abortion. so it's certainly an ongoing trend but i agree with the previous guest that this is an incident that takes it to a new height. >> so let's take a closer look at the speech. mr. waxman this will probably be the most important speech of netanyahu's career. is it shaping it more for the people of is

another former solicitor general seth waxman argued there is a broader meeting and said arizona stateitution defines legislature to include the people and two representative bodies, their senate and their house, and it is the process of legislating that is the definition of legislature. he also pointed to dictionary definitions. he said every dictionary that they've looked at defines it more broadly. justice scalia said to him name he one provision in the constitution that uses the word "legislature" in the way that you use it, and mr. waxman could not say that, but he said the court has never really defined "legislature" one way or the other, and chief justice roberts also pushed back at mr. waxman saying, basically why, if it was to be a broader meaning didn't the drafters just say "by the state" instead of "by the legislature"? >> brown: are there implication force other states, for other laws? >> absolutely. california has a commission very much like arizona's and two former republican governors are supporting the a- commission. they have been -- the arizona commission. they have

. >> doug waxman, northeastern university, he's in boston tonight. and doug, what's your reaction to the result? >> well, it's surprising how well netanyahu did in the polling to the end and it showed that his party was trailing and he clearly made a political comeback and it looks likely that at this stage that he will remain in the prime minister's office going forward. >> so you think that he's better at putting together a coalition? >> i do. i think he has a big advantage in the coalition building. in large part because it's going to be much easier to draw on the party that has always been a crucial player. so i think the path to forming a coalition is much easier than it will be for herzog to put together a left coalition and at the same time, i think that the national unity government involving both likud and the zionist union, i think that he will remain the prime minister. >> so how does the our arab party vowing to keep netanyahu out of the prime minister's job, and they don't want to participate in the coalition, what impact does this have?

but we also, one of the most important bill that's been passed in history was the hatch waxman act.illing to sit with me and that created the modern drug world that literally has saved trillions of dollars to the american consumers. we can do a better job than what we're doing. i have to say this has been such a partisson administration, if you're going to be partisan, you're not going to be very effective. >> overall would you say there's no solutions until there's a change in the administration? >> if the court comes down the way i think it should then we're going to have to make the changes and i would like nothing better than to have that responsibility. there's a number of us already working on it to see what we can do. we're going to do that whether the court comes down or not because i think there will bea change in '16. if the republicans keep the senate i think we can hold on to the senate. i think the americans are waking up that my gosh at least republican are responsible to governoring. that's my goal. we're going to fix this so it works for every american and many of th

that could have been further enriched to make nuclear weapons, instead iran got rid of it >>> mr waxmanr thoughts on the report and what is at stake for israel? >> well i think what the report shows, which is significant is that there has been not merely a difference of interpretation between prime minister binyamin netanyahu, we have known that for some time that high ranking members. establishment had difficulty over whether the nuclear programme is under threat. this is a difference of fact. essentially what binyamin netanyahu said in his speech didn't accord with the facts as known by the israeli intelligence services. this is something that prime minister binyamin netanyahu should be asked about. more broadly, what had indicates is that prime minister binyamin netanyahu has for some time been single-minded in his focus, obsessive if you like on the issue. heap has often, let's say, been somewhat loose with the facts, in terms of talking about the danger or immediate si of the danger this is a problem he faces, he's seen as the boy that cries wolf. he warned of the imminence of a nu

. >> dana lewis in jerusalem, thank you >>> let's continue the conversation doug waxman is a professor of political science and co-director of the middle east center. thank you for joining us. >> thank up. >> how worried should binyamin netanyahu be and how close though selection. >> he should be very worried, and he is worried. the election is closer than he would have thought it should be when he called the election. he expected a win back then. throughout the election campaign, the two parties, likud and zionist have been neck and neck. in the last week they pulled ahead, polling at four knesset seats. this could mean that likud won't be forming the next government. binyamin netanyahu is worried. >> obviously not connecting with a voter. what do israeli voters care about now? >> i think the biggest issue that they care about and that binyamin netanyahu failed to understand is the exorbitant cost of living in israel particularly the lack of affordable houses. economic issues are of most concern to israelis, and binyamin netanyahu focussed on security, something that polls show while

waxman? >> mr. chief justice, and may it please the court, the gravamen of the appellant's suit that they usurped the power of a legislative body they created both raises a claim that the framers would have been astonished to consider that federal district courts have jurisdiction to adjudicate and more fundamentally is simply misconceived misconceived. arizona defines its legislature in its constitution to include both the people and two representative bodies. an appellant's argument hinges on the premise that in drafting the elections clause the framers intended to ignore a state's definition of its own legislature. it is deeply inconsistent -- >> whatever a state kauld calls the legislature suffices uniter the federal constitution. is that right? >> the federal -- >> suppose the state says the courts are the legislature. will that zpies under the federal constitution? >> the federal -- justice scalia, the federal constitution by using the word legislature in connection with it's the uniform accep

in 2010 the commissioner was called before congress and just hammered by the representative henry waxman for basically raising the question asked of the commissioner is there a connection between football and brain damage and by this time there have been a number of stories out trying to raise the specter and the commissioner did with the commissioner has done repeatedly which is off the question and say we are going to let the medical people decide that which the representative was not only dismissive but divisive and i think a lot of medical people were because for them to question the question had been answered and to this day it seems to be the position we are going to let the medical people decide. for us our book was an opportunity to reflect back to begin to percolate in the early '90s in large part because of a few other folks and we wanted to get at the core and the book was presented in the decades of the denial of the two-pronged front by the nfl in which they went after scientists raising the question about the connection between football and brain damage and is off to ostrac

the grade reliability infrastructure act introduced by then congress members waxman and marquis in 2010it did not pass in the senate. what it would have done was allow a government entity involved in regulating the industry to have more over oversight over security protections. that didn't move forward at the time. other than that, that's been the most focused effort to look at this. host: our guest is steve riley of "usa today. go this tweet, the u.s. looking forward to our 19th-century power grid updating -- argh! guest: we did speak to our chairman who suggested that it needs an update. he discussed some essential fixes in micro grants, which are smaller, more localized grid systems that wouldn't be as updated to outages. that would depend on if we move toward renewable energy sources. it would require better storage as well. host: from clinton, indiana. matthew is next. good morning. caller: i am a power grid construction specialist. i travel the country building substations. i happen to know a lot about the subject. my question is actually for steve in reference to security. recent

if it is fill to say if waxman was enacted and not stopped by senate republicans we would not be involvedth clean power rules right now? >> in some ways that might be the case but i don't know that for sure because the filter act really is our responsibility to implement. it might have impacted the choice considerably and the requirements to move forward. >> well, i want to talk more about the clean power plan and kentucky, my home state and the the -- the home state of the chairman. i was please yd yesterday to see the secretary and the chairman praising your work and reaching out to states on the clean power plan and he said i'm from kentucky and i'm not a climate science denier but with what pa has done with reaching out to the proposed legislation and the outreach is ensen credible and talked about your open door policy and you could call them and meet with them and we did take advantage. and he went on to say we've already started the process of determining what a compliance plan would look like. i truly appreciate the outreach that epa has made to kentucky and other states and obvio

as well as ranking members pallone, gene green, ranking member sandra levin, -- sander levin and waxman. i'd like to thank all of those who labored on this issue for years. i know i missed some but i want to mention a few who have dedicated themselves for getting us here. some have left or switched their roles but their work from the beginning deserves recognition. certainly i want to thank clay, robert horn rien long dr. joe owe shay, dr. steve ferra, eddie garcia, tiffany ariel, brent baker, brian sutter, matt hoffman aaron richardson and j.p. on my staff. i also want to thank the unsung heroes at the house legislative council, namely jessica shapiro jesse cross. every success we've had at each point in this process was further than we had ever come before, and that involved a lot of work, a lot of negotiation and a lot of overwhelming desire to see the process through to the end. ultimately if this is a package that can go to the white house, all of this will be worth it. i certainly do look forward to passage and hope that given the positive signs evidenced over the past several day

the commissioner was called before congress and just hammered by the representative henry waxman are basically raising the question asked of the commissioner is there a connection between football and brain-damaged by this time, there have been a number of stories about this connection to raise the specter and the commissioner don what he has done repeatedly to distinguish his slave of the question and say let's let the medical people decide that. to which their representative was not only sort of dismissive but also divisive and i think a lot of medical people were too because for them to question had the question had been answered and to this day this could have been the commissioner's position wake up with the medical people decide. for us the book was an opportunity to reflect that to the beginning of this issue which began to percolate in the nfl in the early '90s or in large part because a few other folks. so we wanted to get at the core of taking a look at the denial and ultimately with the book represented for us was presenting what had happened than two decades of denial bec