court not to review or overturn the facts of a trial court except in the sprens presence o error. >> that's a very important principal that i take seriously. i was a trial lawyer for a very long time. >> and in constraint of -- >> kind of a similar answer on that, senator, i don't know about that but would say it's an important general practice. sometimes there are exceptions that a court can and should go beyond a question presented but it's pretty rare. usually we stick within -- well, the questions presented are whatever the parties present to us on an intermediate court, they get to choose, we don't get to choose. >> that's part of what separation of powers is about, constraining -- >> we refrain from arguments