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This as well. judges, unlike legislators, don't run for election. you don't have a platform. >> no. >> vote for me. this is what i'll do if elected into office. one of the most important elements of limiting the important role of judges, i think, under the constitution is that you're required to decide a case on a case-by-case basis, rather than issuing some sort of oracle saying henceforth, the law will be thus. assuming you could get eight other judges on the team of nine you talked about to agree with you. can you talk about the importance of deciding cases on a case-by-case basis? >> we'll...

For starters, the original constitution did not have the bill right ofs. the first ten amendments. so there was a lot of discussion at the ratifying conventions about having a bill right ofs. and that was quickly done in the first congress in new york in 1789 by the james hmadison, taking the lead on that. so, too, they did not think it was perfect. they have an amendment process that specified in article 5 of the constitution. and that amendment process was intended to be used. we've seen it used to correct structural issues. the 12th amendment on presidential elections. the 17th amendment, o...

Cite. stability, predictability, impartiality. reliance interests. but all of those are not mere policies in my view. as i see it, the system of precedent comes from article 3 itself. when article 3 refers to the judicial power, shall be vested in one supreme court and such inferior courts as congress shall from time to time establish. to my mind, the phrase judicial power. you think about what is that entail? and you look at the meaning, the meaning at the time of judicial power and you look one source of that is federalist 78. and that, in federalist 78, it's well explained that a judge make...

Constitutionalism or constitutionalist, those are all referring to the same things, which are the words of the constitution matter. of course, as i said repeatedly, you look at the history, the tradition. federalist 39 -- 37 tells us to look at the liquidation of the meeting by historical practice over time and precedent wirks is woven into article iii. as i said in federalist 78. start with the words, as justice kagan said, we're all originalists now. pay attention to the words of the constitution. >> if i can stipulate for our purposes today as we're having this conversation that originalism...

The constitution in many respects because it brought the promise of racial equality that had been denied at the time of the original constitution into the text of the constitution. so the job of the people, which is the congress and the state legislatorures is to amend the constitution. it's not up to the judge to do it on our own. that's a basic divide of constitutional responsibility that is set forth in the tsks artic text of article 5 of the constitution. >> i can't remember who said it, justice jackson perhaps who said the supreme court is not final because it's always right. it's right b...