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Judicial activist? >> i would describe a judicial activist as someone who lets his or her personal policy preferences overnight the best b interpretation of the law. so a judge who strikes down a law as unconstitutional when the text and precedent don't support that result or a judge who upholds the law as constitutional when the text and precedent suggest that the law is unconstitutional. so, too, in statutory cases. when a judge does not stick with the compromises that you have reached and written into the text of the statute passed by congress and signed by the president but thinks the judg...

With respect to contribution limits, however, there are cases where the contribution limits are too low. so subsequent to the e-mail you're talking about, the supreme court has twice struck down contribution limits, one in a case randall versus -- >> i'm aware of these cases. >> buckley is an important precedent. there's a lot of case law subsequent to those e-mails. mcconnell, citizens united, which fleshes out some of those. >> i mean, my issue is we've had past nominees who said they would honor precedent. then they joined citizens united opinion. when i was hearing your discussion with sen...

Judges on the court, appointed by both parties, went with the traditional and presidential view of how to look at this. you use the the 1986 law review article by albeit justice breyer and then the ding v. burwell case. i'm trying to show this pattern where you say, oh, congress should step in and do everything. you're stepping in, in these cases. >> i would say it's a pattern of adhering to precedent. >> okay. well, it seems that the precedent to me, when you look at, for instance, chevron -- and i know the white house touted the fact you've overruled the federal agency actions 75 times, and ...

Data and the level of agreement? >> well, i think we're trying hard to find common ground and to, as i've said before, he's a great judge, a great chief judge. he's very careful and very hard working. we work well together and try to read the statute as written, read the precedent as written. he's a judge who does not -- like i try to be as well, a judge who's not trying to impose any personal preferences on to the decision but take the law as written. that's what i've tried to do in those cases, and that probably explains some of that. i think it also goes back to -- i think judges are distin...

The statute passed by congress. that's to me the textbook definition of a judicial activist adding to or subtracting from the text as informed by the precedent. >> you have written a number of opinions addressing separation of powers. why does separation after powers matter? why should an american at home watching this on cspan care about the separation of powers? >> people should care about separation of powers because it protects individual liberty. it is really the protectional foundation of individual liberty. we think of the first amendment, freedom of religion, freedom of speech as found...