jail the superintendent over the word benediction and invocation? before you move to impeach him, you'd like to know why he said it. clearly since the congress has the power to impeach -- >> what if he said, no thank you, i'm not coming? >> well, that is what happens in impeachment cases. in an impeachment case, the house studies whether or not -- the house brings them in, the house subpoenas them. as a general rule, they show up. you're raising the core question. are judges above the rest of the constitution? or are judges one of the three co-equal branches? >> joining me now, professor at rice university, presidential historian and author, douglas brinkley. good to have you with us tonight. this is the most radical thing i think we've heard on the campaign trail so far this season. gingrich used the dred scott decision and abraham lincoln's response as a good analogy. as a good example. what do you make of that?