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It's only in dictatorships that they can do that. the fact is you're born in the united states, under the 14th amendment you're a citizen. you can't change that by executive order. you can only change that by amending the constitution. and we're not going to amend the constitution on that. i think of a powerful speech from john roberts, who was a conservative chief justice of the supreme court, talking about things like pressie versus ferguson, separate but equal, and how wrong that was. and then the supreme court came forward and did brown versus board of education and changed that. well, we'...

We've seen concentrations confrontations between presidents and chief justices. abraham lincoln and his first inaugural, criticized the dread scott and chief justice for him, his name is tommy, who had sworn him in. franklin roosevelt did the same in 1937 that helps strike down a lot of new legislation. so there was an angry relationship between them. but you never had a situation where the president repeatedly tried to get americans to think that the judiciary, there was something wrong with it. it's illegitimate. it can't be trusted. obviously roberts felt part of his job was to make sure am...

He's now been taken to task by the chief justice of the supreme court after donald trump said on tuesday in reaction to a 9th circuit stopping his administration asylum restrictions. he gets rebuked by john roberts. what is the important significance of that? >> we never seen anything like this before. we seen confrontations, abraham lincoln and his first inaugural, criticized the dread scott and chief justice for him, his name is tommy, who had sworn him in. franklin roosevelt did the same thing in known 37, who helped strike down knew deal legislation. so there was an angry relationship betw...

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...

The football at the start of a football game. >> that's not what he said. he said he could kick the football, run down the other end, catch it and run it back for a touchdown. that's what he said. unfortunately someone like you have to own that, although you wouldn't have stated the proposition that way. however, there's a fundamental difference, norm, between those examples and the ones we have here. those were about evolving and having more inclusion put into the constitution. this is about congress already deciding to expand and make more inclusive the protections of the 14th amendment as a...