Page 2 - Breathing Document News Today

Now. is that just two antiquated to follow? >> god, i hope not. the whole purpose of the constitution was to establish the government and limit it to provide for a limited government and to guarantee personal liberty. i dont know what was in congressman orourkes head. of course, i read the interview several times to try to figure out what was in his head. i think he is not appealing to middle america. he is appealing to a very hard left that basically wants the government to redistribute wealth....

>> on the surface and taken out of context that sounds bad. what he is talking about is a very common approach to constitutional law. constitutional scholars for centuries debated if the constitution should be taken literally and at word if its a living, breathing document we should interpret as things change? and guess what? the country changed and the world has changed quite a bit in the last 200-plus years. what he is saying is perhaps we need to revisit part of the constitution as a result. ...

Why are a vast number of those cases overturned? study the numbers, they are shocking. these rulings are making our country unsafe, very dangerous, and unwise. not much you can do about it, is there? >> its not. its very large, it could cover a very large geographical area of the united states. ultimately, we need to appoint more judges there that uphold the constitution. >> do you mean more conservative judges? >> judges that want to accomplish , interpret the restitution as it was written by t...

320 million people here who will have incredibly different experiences and different attitudes towards these issues but the point about the constitution, a number of amendments to the constitution that have made our nation better. and our founding fathers could not have predicted what happened last week and parkland they certainly did not think thats how weapons are going to be used. so i think having a thoughtful conversation about gun control and mental health and law enforcement and all of it...

Republicans for what they did in blocking the previous presidents nominee. i think this is setting up for democrat letting gorsuch go because they dont want to have a larger fight at stake here, which is to deploy the nuclear option and republicans would move to lower the threshold for supreme court nominations to 51. gorsuch is a pretty good pick for democrats in essence that he is a mainstream conservative. i think they want to take them and not have that larger fight. >> martha: thats what it...

He has leveled personal attacks against federal judges and career prosecutors who dared to see his promised muslim ban for what it is. >> a short time ago, the south carolina senator lindsey graham noted the overwhelming confirmation for justices scalia and ginsburg years ago, he suggested they return to less partisan times, worrying that it might destroy the judiciary. see if that happens this week. >> certainly looking forward to how it all plays out, thank you. i want to go to you first, cong...

>> sean: a judicial activist assembly of a liberal -- put a liberal would want on the court? somebody believes that the constitution is a living and breathing document that they have the right to almost legislate from the bench, not respecting separation of powers, coequal branches, correct? >> that is right. for an activist, its all about results. policy results that a particular judge might like where a group of people may like. that is not what judging is all about. if you want to do that, yo...

A liberal would want on the court? somebody believes that the constitution is a living and breathing document that they have the right to almostso legislate from the bench, not respecting separation of powers, coequal branches, correct? >> that is right. for an activist, its all about results. policy results that a particular judge might like where a group of people may like. that is not what judging is all about. if you want to do that, you should run for office. you should not be a judge. >> s...

Personal lives. he interpreted the first amendment to mean what it means, congress should make no law interfering with the exercise of religion. the big picture is judge gorsuch embraces the idea of originalism, the meaning of the constitution was fixed at the time it was ratified and its only been changed each time it was amended 27 times and as its going to be changed again, the states have to amend it, the court cant amend it. its not just what justice ginsburg thinks it is, a living breathin...

Analyst here with us is andrew napolitano. >> he wants upia person most lie justice scalia. but in terms of the idea that the meaning of the constitution was fixed at the time it was ratified. a theory generally called originalism. this isth not something in the weeds, it profoundly affects how judges rule. a judge ginsburg believes that it is a something that can be changed. >> megyn: right, a living breathing document. >> if you want to say there is a constitutional right to an abortion, why d...