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>> senator, that was a question that the court struggled with in the hamdi case, as you know. >> and we had a lot of conversations about how to proceed forward when you were in the bush administration. is that correct? >> we did. >> and you were in the camp of the youngstown still camp that if congress is involved, the president is stronger, not weaker. is that right? >> that's right, senator. >> but there are some authorities that the president as commander in chief have that cannot be taken away by the congress. th're inherent to the job. is that true also? >> there's certainly people who be...

Say the senate has a duty to give presidential nominee a vote. this is senator schumer. and the last, july 27th, 2007, we should reverse the presumption of confirmation. we should not confirm any bush nominee to the supreme court except in extraordinary circumstances. that was the last year of president bush's last term. to my democratic colleagues, on november 21st, 2013, you decided when you were in charge of this body by 52-48 vote to change the rules of the united states senate with the nomination of executive branch appointments and all judges below that of the supreme court. i'm not goin...

Unfair. i thought it was a power grab by our democratic colleagues that would change the nature of the judiciary for the rest of our lives. because what you have done is you made it that you can confirm a judge now within one party if you have over 50 votes, not having the requirement to reach across the aisle to pick up a vote or two, which is a moderating influence. that is lost forever. for all judges below the supreme court. i was in the gang of 14 that was formed to deal with the wholesale filibuster of all bush nominations. new to the body, i felt it would be bad to change a 100 and some...

Thought it was incredulously unfair. i thought it was a power grab by our democratic colleagues that would change the nature of the judiciary committee the rest of our lives. what you've done is you've made it you can confirm a judge within one party if you have over 50 votes, not having the requirement to reach across the aisle. too big of a vote or two, which is a moderating influence. that is lost forever. for all judges below the supreme court. i was in a gang of 14 that was formed to deal with a wholesale filibuster of all bush nominations. new to the body, i felt it would be bad to chang...

Stuns of the united states in. we should not confirm any bush to the nominee except during extra flich that was president bush's last turn. it my democratic kolprop prpthey changed rules for the nominat n nominationall and all of that it n becauses that not favor nrmt i