welcome to the practical. mark, to you first, is there any area of human behavior that elena kagan would acknowledge is not subject to congressional regulation? >> well, sure. any element of human behavior? that's wide. be more specific. >> would she health the congress write any law, control any behavior, tax any event or say, you know what, the conversation with your physician is private? the congress cannot regulate. >> i give you an example. congress tried to pass a law banning flag burning, right? that would be a violation of prespeech granted to every individual american citizen and that would be overturned. that was overturned by justice scalia. i believe in following the liberal language of the constitution which is why, by the way, i am so derespond. about the second amendment