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Been made. >> on that point if you study the constitution and you look at what the conservative argument has usually been regarding it, is that it's a dead document. it's what the founding fathers intended was written out there clearly. we should uphold ourself to that standard. but when you think about the finding fathers and the fact they didn't like political parties and did not like all the power being concentrated in the hands of a few. essentially that is what the revolution was about. how does the constitution evolve, in a sense, to where we are at this point? >> you are exactly light. ...

Part because the tea party has been very successful at arguing a return to a more constitutional originalism than what democrats argue is a living document that can be subject to reinterpretation. so here we go. here are the numbers. let's see if we can move that in. >> texas senator ted cruz came in second with 11. ben carson came in third at 9. governor christie came in at 8. governor walker came in at 7. senator santorum at 7. and florida senator marco rubio at 6. there were 25 people on the list. not everybody scored more than a percent. so a lot of them are in the other and we had a whole...

You've got a judge who said it's constitutional. another judge says it's unconstitutional. as you point out, i'm looking at it right here, these are judges who bring their life experiences, their personal views and somehow it's got to influence them, right? >> of course it does. the first day of my undergraduate class at usc, i give the kids, everybody has a copy of the constitution, and then in the last year or so, i spell out something like -- there is a constitution. and tell me what the right answer is. they all look at me and they look at the one sentence in the fourth amendment and look ...

His story is up by the bootstraps story. he was born in pennsylvania, went off to colorado during the civil war ahead of the draft. then made money as a merchant and banker and world in montana and arizona. had a great collection of art. bought his way into the u.s. senate. resigned. then was re-elected and served a full term and then retired with what he wanted, which was the title of senator. >> and oget was actually the product of a second marriage. >> so imagine while her father was serving in the u.s. senate, he announced that he had gotten married three years earlier, and already had a 2...

We're his enemy. the constitution is a living document. we cannot allow somebody to do that and we cannot allow other young people to look at this and say, you know what? who cares. we go to jail. big deal. >> you cannot let this guy strip americans, which is what you're doing. he is an american -- >> pay for his trial after they kill us? >> regina, aren't we pga for them in gitmo? >> pay for them in gitmo and it we be a -- >> neil: one at a time. one at a time. regina -- you argue it's less expensive going to gitmo than it would be going through our court system. >> not just that. not just ex...