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Is the interpretation of the equal protection clause in us v. virginia -- >> the majority said the words "equal protection" of the laws. whatever the secret harbored intentions of the writers had an original public meeting is quite radical. significant. that was with the majority of the supreme court of the united states held. >> so would you agree then that when you look at other things, would you be willing to apply this same approach to equal rights for minority groups, women, lgbt, racial minorities? the same statement about the he and his in the constitution, about not having the air forc...

I hope one turns out to be president. >> that's wonderful. how about like the air force? i agree with you. that's good. so in that case you say we can't take it at its literal words. so the constitution also says congress has authority to oversee the land and naval forces, but there's no mention of the air force. i assume you believe that would include the air force because if they knew an air force existed, they would have included the air force back then. >> senator i think the generals of the air force can rest easy. >> okay. great. how about virginia -- let's keep going here. i'm almost ou...

Right. it says that. i was quoting buckley, i'm sure, our citing buckley to that effect. the question is what level of scrutiny should we apply to that case. buckley suggests it's something less than strict scrutiny in the first amendment context for contributions. that's the instruction that i as lower court judge have in the first amendment context this. an equal protection challenge. it's not just contributions. it's the inequality of contributions that's the problem here. that this system favors major party candidates over minor party candidates. normally with a fundamental right in equal ...