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Blogs, as well, and there is discussion of this issue and i would want as a sitting judge, want to see a record before me of what is going on in a particular case. i hesitate to opine on something i read in a law review article, i think you have a better sense of what is going on there, i would want a record to determine what the evidence in that particular case was. >> senator: okay. i want to turn now to affirmative action and senator booker raised these questions late last night. in a speech at notre dame you discussed long-standing exception, end quote, to "basic equal protection right not...

Going on in that case was impermissible and violation of freedom of speech, freedom of religion and therefore unconstitutional. those cases are important, it is important that the -- to recognize constitution, first amendment of the constitution, as well as many statutes, of course, protect religious liberty in the united states, religious freedom in the united states and i said in some of my opinions, we're all equally american, no matter what religion we are or no religion at all, religious speakers and a right to their place in the public square. >> senator: another case you were involved i...

Consider and the idea was reflecting on my experience after september 11th and what we could do to make the presidency the most effective for the american people. >> senator: i'm trying to understand in practicality when you look at last impeachment proceedings how you would do it if you didn't have an investigation, other ones used independent counsel, special counsel and if you don't have that, don't you effectively eviscerate the ich -- impeachment part of the constitution? >> judge kavanaugh: not at all. >> senator: why would we want to foreclose our ability to use special counsel or indep...

Connecticut compromise as it is often referred to. it is important for judges again, not to upset the formal law that is written in the constitution or to upset the compromises reached either in the original constitution or in the amendments, now one key thing to add to that is precedent is part of the constitutional interpretation, as well, as federalist 78 makes clear and judicial power clause of article 3 makes clear, so a system of precedent is built into how judges interpret the constitution and constitutional cases on an ongoing basis, that is part of the proper mode of constitutional in...

>> now back to the hearing. amy klobuchar questioning. >> my note in that case, as i understand it was rooted in supreme court precedent, the krosen case. and krosen is where the court invalidated a richmond contracting program, as i recall, and so that precedent made clear what conditions need to be satisfied before a racial -- a contracting program of that kind could be sustained consistent with the constitution and the analysis that we went through set -- suggested that at least as it was being applied, as i recall, the federal program ran afoul of the supreme court