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Like slavely and no women's right have to hold true but she is like myself, believing in the text of the constitution. when the constitution says equal protection under the law, the people who wrote it did not believe in equal protection for blacks. butting when you read the document by plain language today, it gives all . >> wait, wait, do you think, jay, do you think kagan believes that the stultion is a -- the constitution is a living document and can be stretched to accommodate dmig that the congress or court wants? >> i am afraid so. and i disagree with mark's statements. there is, they a...

Like slavely and no women's right have to hold true but she is like myself, believing in the text of the constitution. when the constitution says equal protection under the law, the people who wrote it did not believe in equal protection for blacks. butting when you read the document by plain language today, it gives all . >> wait, wait, do you think, jay, do you think kagan believes that the stultion is a -- the constitution is a living document and can be stretched to accommodate dmig that the congress or court wants? >> i am afraid so. and i disagree with mark's statements. there is, they a...

To propose amendments. either way, preserving the ultimate power of the people to control their constitution, not the courts. that, as i said, is what i would call the traditional view. we can contrast that traditional vision with the activist vision. under the activist vision, the supreme court feels free to change the constitution when they see a problem they wish to solve. according to this view, the constitution is sometimes called a living document. it's a living document because the judges change it when they want to without requiring the consent of the people. this activist vision takes...

Are "bland," and members of congress have a right to know exactly what the nominee thinks. question: can the republics ask her things like, are you a progressive? will you prevent the nationalization of banks or industry that the congress decides it wants to own? >> well, the general reason the things are bland is because it is a rule and it has been for decades by democrats and republicans, that you do not ask a judge their views on a specific case but how they rule and what they take into context and if they believe in the text of the constitution or if it changes over times. but you do not ...

Around and bitching and mowning. >> but they know it is being miss interpreted for a different reason. >> it is absolutely not being miss interpreted. >> conservatives are supposed to be strict. you go by what the constitution says. it says all persons born or naturalized in the united states. >> you know that's not what they are talking about. >> actually, he is forgetting the foot note. >> they could have worded it children of slaves. you have to change it if you don't like it. >> you are right. they were anticipating the problem. >> it doesn't matter. it matters what the document says. it i...