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Landmark supreme court ruling, marbury versus madison of 1803 that established the judiciary's ability to strike down laws that violate the u.s. constitution was one of the worst decisions in the supreme court's history. he said, there are so many bad rulings. i would start with the idea of marbury versus madison. the courts are supposed to be the inferior branch of our three branches of government. we have offloaded many of our tough public policy issues on to the court, and they have decided them. unelected judges are deciding many of the issues of the day. whitaker also said judges should a...

Tell us more, because the controversy -- some of his thoughts on various supreme court decisions is pretty outrageous. >> well, let me start with two. marbury versus madison, 1803, chief justice john marshall's opinion that says the courts have the last word on whether federal and other laws are constitutional. can a -- the supreme court overturn the work of the other branches of government? it is the foundational opinion of american constitutional law. it is not controversial. it is not something that ruth bader ginsburg and antonin scalia disagreed about. it is a bedrock of american constitu...

Of government. we have a checks and balances system. when the executive branch calls the judicious inferior, that's concerning. this as it relates to mar bury in 1803. it seems like the founding document of the court's ability to review legislative and executive action. if you don't believe in in this, you don't believe in the ability to be that review. again, we focus a lot on what he said recently about the mueller investigation. for a good reason. it is important to suggest that some of things he said as recently as when he was a candidate in 2014 are things that should be concerning for so...

Permanently. >> that's what would happen. if you want to per nerm lent, you have to audition to the senate. >> and also i just think the more i learn about matt whitaker, the more concerned i am about him. reading his comments about the foundational case in which the supreme court in 1803 determined that it was the duty of the supreme court to say what the constitution means and what the law is. he was asked this a debate when he was a senate candidate what are the worst cases the supreme court has done. he said let's begin. this is not within the mainstream of legal thinking. >> let's begin w...

Too, of is the supreme court tainted, right? in everything that we have seen, not only all of this playing out but moving forward, i mean, is there a way for whatever judgments are to not be seen as political? >> one of my favorite justices in history was robert jackson that served in the 1940s and '50s, and he said something about the supreme court that is always worth remembering, we are not final because we are infallible, we are infallible because we are final. you can like the supreme court or dislike it and have a good representation, they have the last word. that's how the system has be...