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Answering that question, first they said they felt it would violate the cannons of ethics, there are no cannons of ethics that preclude a response. then they said that they felt a decision might come before them, an issue in a case that might arise, and more recently they've adopted the mantra that they think all supreme court decisions are correctly decided, but you are in a different position. you've been nominated to the highest court in the land and your decisions as a potential swing vote could overturn even well-settled precedent and there are indications in your writings, your opinions,...

Something to be constitutional does not make it so. what's your reaction to that? >> well, you know, there are times when that's true. the supreme court has said some pretty terrible things in the past. the dread scott case saying that the supreme court has the final word temporarily but because of what people generally understand the constitution to mean makes a different. because the constitution can be amended, i think what rand paul said, as throwing down the gauntlet, i think he's quite right. >> it has been a pleasure to have you on this program to help us make our way through all of thi...

you're a democrat or a republican, maybe not so sure. it's a good opportunity for you to hear from these candidates in extended form as they offer a presentation, answer some questions. the republican congresswoman, michele bachmann of minnesota is here. the georgia businessman herman cain, the former speaker of the house, newt gingrich. the texas congressman and libertarian ron paul and the former massachusetts governor, mitt romney all appearing at senator demint's at this forum in south carolina. missing, the texas governor, rick perry. at the last minute he decided to go home bec...

It could be done in libya. the united states had an opportunity. >> this is located in between egypt and tunesia. he was very specific about the problem being the flood of refugees, over those particular borders, which could indicate another situation with another refugee movement that wouldn't be as strategically important as refugees flooding into tunesia or egypt at this fragile point in the aftermath of their revolutions. >> i think the refugees point was sort of -- it led to the more specific point about why libya, and the more specific point about why libya was international coalition, t...

That's not what i mean. what i mean is in america birth right citizenship is always about race. in 1857 in dread scott case, when the u.s. supreme court decided he had no rights, that a white man was bound to respect, it was a decision that though scott was born here in the united states, he was not a citizen under the constitution. in 1866, after the end of the civil war, and just before passage of the 14th amendment, birth right citizenship in the civil rights act of 1866 establishes american citizenship based on birth right, as a response to the end of slavery, and it is ratified in the 4th...