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Now. is that just two antiquated to follow? >> god, i hope not. the whole purpose of the constitution was to establish the government and limit it to provide for a limited government and to guarantee personal liberty. i don't know what was in congressman o'rourke's head. of course, i read the interview several times to try to figure out what was in his head. i think he is not appealing to middle america. he is appealing to a very hard left that basically wants the government to redistribute wealth. steve: those are primary voters. >> judge: yes. the redistribution of wealth, which we do engage...

>> on the surface and taken out of context that sounds bad. what he is talking about is a very common approach to constitutional law. constitutional scholars for centuries debated if the constitution should be taken literally and at word if it's a living, breathing document we should interpret as things change? and guess what? the country changed and the world has changed quite a bit in the last 200-plus years. what he is saying is perhaps we need to revisit part of the constitution as a result. that is a common discussion. >> tucker: look. i'm open-minded. by the way, there are things in the ...

Why are a vast number of those cases overturned? study the numbers, they are shocking. these rulings are making our country unsafe, very dangerous, and unwise. not much you can do about it, is there? >> it's not. it's very large, it could cover a very large geographical area of the united states. ultimately, we need to appoint more judges there that uphold the constitution. >> do you mean more conservative judges? >> judges that want to accomplish , interpret the restitution as it was written by the founders of the country. democrats think that the constitution is not living, breathing documen...

320 million people here who will have incredibly different experiences and different attitudes towards these issues but the point about the constitution, a number of amendments to the constitution that have made our nation better. and our founding fathers could not have predicted what happened last week and parkland they certainly did not think that's how weapons are going to be used. so i think having a thoughtful conversation about gun control and mental health and law enforcement and all of it is productive. there was a piece that i read about other nations that see the constitution is a li...

Republicans for what they did in blocking the previous president's nominee. i think this is setting up for democrat letting gorsuch go because they don't want to have a larger fight at stake here, which is to deploy the nuclear option and republicans would move to lower the threshold for supreme court nominations to 51. gorsuch is a pretty good pick for democrats in essence that he is a mainstream conservative. i think they want to take them and not have that larger fight. >> martha: that's what it comes down to, david. one way or another, he will likely get through because mitch mcconnell can...