[inaudible conversations] [applause] ladies and gentlemen, welcome to the National Constitution center. I am Jeffrey Rosen the president of this wonderful institution which, as one or two of you may be aware is the only institution in america chartered by congress to disseminate information about the u. S. Constitution on a nonpartisan basis. Beautiful. You can all sing along to our Glorious Mission statement and weve now encapsulated this as well which is to say this is the only place in america in these polarized times where people of different perspectives can come together to learn about celebrate and debate the greatest vision of human freedom ever invented, the u. S. Constitution. Hows that . Great. [applause] well as you know, those of you who have been here before know, there are many evenings of great excitement here in constitutional heaven. But youre in for a real treat and i am as well because i have the huge honor and pleasure of welcoming back to the stage of the National Constitution center not only our dear friend and valued scholarly adviser akhil amar but my first constitutional law professor. And i have to tell you that my passion for constitutional debate and and love for educating americans about this great doctrine was kindled by this great man in his class now many years ago and he is just a model of scholar, someone whose passion for making the text of constitution accessible to the all americans inspires and has shaped everything that were trying to do here at the National Constitution center. And he, i think has done more to educate americans about the importance of taking the text seriously than any other scholar in america. It is such a privilege to welcome him to the ncc. Please, give him a round of applause. [applause] we are going to jump right in in a moment to his superb new book, but i have a couple of plugs that i have to share with you. This is, as you know, a membersonly event, and it is a sign of the irresistible benefits of membership in the National Constitution center which anyone can join just by going to the web site, and you get to come to inperson events like this, and you have this beautiful brochure of upcoming members events which are similarly thrilling including a breakfast meet the ceo breakfast. Can you imagine anything more exciting than that . [laughter] on may 28th. A special membersonly tour of our upcoming exhibit, speaking out for equality the constitution gay rights and the Supreme Court, which is opening at the beginning of june and is going to be the only exhibit in america that will presented all sides of the constitutional debate over the meaning of gay rights and it will open just weeks before the Supreme Court hands down its historic decision in the Marriage Equality cases which were argued just last week. In addition to these great membersonly events, we have just a panoply of spectacular events coming up this spring. Our traveling town hall events cosponsored by the Federalist Society and the American Constitution Society are taking off next week, and we will be in boston on may 12th debating whether the Citizens United case was correctly decided. Were going to new york in july to debate the constitutionality of nsa surveillance and we think these great debates uniting the two leading lawyers groups in the country have the potential to transform constitutional discourse just like the Lincoln Douglass debates did a hundred years ago. And theres so much more coming on please check out web site for more to come. Im, ive already given akhil, ive told you how meaningful it is to have him here at the National Constitution center. He is the sterling professor of law and Political Science at yale. He clerked for judge stephen breyer. He joined the faculty in 1985 so i had you in small group in 88, and you were just three years into teaching. And basically youre about a year older than i am or Something Like that. Were you the youngest teacher ever at yale . One of them. Yes. Yeah. And i want to start hes the author of, im going to read the titles of these books because i want each of you who has a love for the constitution and wants to learn more about it to read them because i really think theres no better introduction to the constitution for students of all ages than akhil amars superb books. They include the constitution and criminal procedure the bill of rights creation and reconstruction, americas constitution a biography, americas unwritten constitution the precedents and principles we live by. Shall i start by recommending americas constitution i think, as place to begin and then go and read all of akhils other books, and i know youre going to want to read this one after we talk about it tonight because this one the law of the land, has a thesis which is so surprising and innovative and creative just as everything that akhil does is. And that is to focus on the relationship between the constitution and geography. Who would have thought before reading this dazzling book that geography was so central in the thinking of the justices who have decided the most important cases in history as well as in people like lincoln who shaped its meaning. And i just want to jump right in. Your first chapter talks about lincoln, and you talk about secession. I have to tell you, ladies and gentlemen, imagine this. Ive just started law school, its two weeks in, and this great man this great teacher took i think, two hours in your office [laughter] after class. It was late at night, you know 7 00. There was dusk was settling. And the question was was secession unconstitutional . And akhil insisted that it was settled at time of framing, that we the people of the United States rather than we the people of the individual states were sovereign and therefore, secession was unconstitutional starting with the framing itself. And i with the absurd overconfidence that a first year law student can have, said, no, it was open at time of the framing whether we the people of United States or we people of the several states were sovereign. And in this Brilliant Chapter on lincoln you say lincoln basically believed that we, the people of the United States, were sovereign at the time of ratification, although you think he overstated the case to some degree for why that was so. Tell us about lincoln and secession. Its great to be with you all. Jeff, thanks so much for your kind words. So lincolns my hero, he should be all of yours. We live in his house. The framers house built here in philadelphia was proverbially divided against itself because of slavery. It was a house that fell really because of slavery. We call that falling the civil war, and mr. Lincoln rewilt it. Rebuilt it. And he built it on an antislavery foundation. So the first chapter of this book begins with him and his vision which is very much an illinois vision. Were all living in the the land of lincoln and i picked this season to launch the book because its the 150th anniversary of lincolns passing, the end of civil war. I want to commend the National Constitution center for its second founding project which is all about putting lincoln really up there genuinely alongside washington. We focus on the founding generation, but we live as i said in lincolns house. And the two most important constitutional decisions really ever i think, were not made by a judge, they were made by lincoln to resist unilateral secession. If he hadnt done that, its like who would we be . Its like asking who youd be if your parents had never met. And the decision to free the slaves, which will lead, of course, constitutionally to a 13th amendment and a 14th and a 15th and this second founding project this new birth of freedom. So was lincoln right . I say yes. The title of the book, the law of the land, is, of course, taken from the supremacy clause of the constitution. The constitution describes itself as, you know its this short little document, and it refers to itself in a bunch of passages akhil, you have the long the wrong one. [laughter] actually i have an earlier version than the National Constitution center document. So it describes itself. This constitution, selfreferentially, it says is the supreme law of the land. Of the land. Notwithstanding anything and any state constitution to the contrary notwithstanding. What part of that do you not get, South Carolina . I have kids and sometimes i look at them, and my wife and i say what part of no did you not understand here . [laughter] so if you dont like it, individually you can leave. You cant take the land with you. And thats what the founders understood. Thats text. Let me give you just one historical fact and ill give you more about lincoln because lincoln i think, channeled the framers in powerful ways and from a midwestern point of view. We had a whole year in which the constitution was deliberated on up and down the continent. We, the people of the United States did ordain and establish this constitution. We put it to a vote. Ordinary farmers read the thing, because it was short enough for them to read it, up and down the continent. They had to decide whether they were fer or agin it. It just barely squeaked through in a bunch of places. In new york the vote was 3027 in the ratifying convention. In massachusetts in new hampshire, in virginia, its very close. And yet no where ever in this whole year did any supporter of the constitution say why dont you give it a try, if you dont like it, you can leave. Moneyback guarantee. What a powerful argument there would have been if there were. Dont you think they would have said so . Instead in the federalist 11 they say the union minute strict and indices soluble, they talk about a more Perfect Union modeled on union of scotland and england. They call it the law of the land. They say any state anyone who dose against that commits even if backed by a State Government commits treason under the constitution. Okay. Now, why did they do it and what does lincoln add to that . So lincoln basically is from the midwest. And he understands that the entire region from the appalachians through the rockies drains through the Mississippi River. And you cant get your goods to market without going down mississippi and you cant let a foreign power control the mouth of that river in new orleans. It would have a chokehold on everyone in the middle of america. Theres no defensible border, he explains between illinois and the states below. The culture of corn the land of corn meets the land of cotton, there isnt some natural, defensible border and so he says we cant allow this to fall into the hands of a foreign power. Why are Americans Free . Well the founders understood this and lincoln understood it. Because theres no Standing Army in peacetime for the first 150 years in american peacetime. Now, you have a hostile regime over the southern part of the United States. And now youre going to have two armies, you know, facing each other, and can theyre going to fight over whos going to get the west, because theres gold in them thar hills and lincoln says we cant allow it. You can leave. You cant take the land with you, you cant take the water with you. All americans spent their blood and treasure defending fort sumter and other places against the brits. Those guns were meant to point out against our enemies, and you cant just let a local population swivel them around and point them into the rest of our bellies. Thats lincolns vision. Why ive given you a little bit about geography, but why would lincoln especially understand that . Two things. One, hes from he thinks the union actually helped create the states. If youre robert e. Lee, virginias been up and running from the 1620s. Its 150 years old by the time the declaration of independence comes along. Thats as old as lincoln is for us today. If youre Abraham Lincoln youre born in kentucky, and your fathers from virginia and your grandfathers from pennsylvania and before that from new england although youre not quite sure which state. And you move to indiana and then to illinois. And when you move to these places indiana is a Federal Territory about to become a state. The union is giving birth to new states in the midwest, in the old northwest like illinois and indiana, okay . Weygand signs into law. Not yet ratified when he dies. He is the moses of our people. It people. It is given to him to see the promised land. A signature is not necessary but he takes that position. He helps and ultimately gets it into the constitution. It is a very midwestern view of the world. Powerful and well argued argued but it is 27 years later and i still cant let this go. So there is another vision command it was not a midwestern one. Federalist 39 he talks about dual property. Sometimes the entire United States and sometimes in several states. You argue that we had a more state centric vision. Is it possible there was division about james wilson was the champion for national sovereignty, but did madison have a different vision . Did it take the civil war to settle that . Federalism is one of the big issues of american history. This book is all about federalism. Ours is a vast and diverse republic. And there are genuinely close questions. It just turns up happily for us and for lincolns memory that secession is not one of those close questions. James madison never ever ever wavered on secession. A letter he wrote to the new York Ratifying Convention while the eyes of the world were on new york. Let me set the stage. Ten states who said yes. It will go into effect. July 88. Ten states have said yes. New york is not. But it did the day is 30 to 27. Of one vote switched it would change the outcome. It would be 2928, and the presiding officer not a time breaking but a time making note to make it toward in nine to 29. They goes through by one vote. Hamilton does not know if he hasnt looked at. So they come up and say heres the deal we propose. We say yes on the condition that there be a bill of rights. Maybe you should go for this deal. Deal. If new yorks is no the constitution as a practical matter we will fail. It is going to be it wont be contiguous. It will be like east and west pakistan. So hes interested in taking the deal and says says how about the compromise. No you cant. He writes a letter. The eyes of the world are focused on new york. Who knows whether they will will say yes or not. Ratification must be in toto and forever. So all the other states have read a fund the constitution and how new york must. And must. And or outcome of fish or cut bait all deals are final. No one ever says otherwise. Think about it. If people are wavering if there were a moneyback guarantee, wouldnt you say so . Instead they are resolute at the risk of losing everything and insist all sales are final. Lincoln final. Lincoln was on rock solid ground in emphasizing the words of the supremacy clause and its larger geostrategic spirit. I told you why because you dont want people at any moment being able to leave the union and cut a deal with the britts with the spanish of the french contact the rest of us. He said a couple of things that i thought were a little too exuberant. I we will tell you why i think he went further than he had to. The most important constitutional decision ever made in america command he got it right. I must confess after all this time i i can see. Maricopa. You were right all along. You and folks like you year after year rightfully pushed back. They force future find the argument and so thank you for that push back. Thank you for inviting. The most exciting thing about studying the constitution is you just inverted your students to hit you with everything you have push hard, challenging and that the best argument when. It is now time to talk about hugo black. You can hold my admiration so much so that i named one of my son to go. He became. As as you note in this chapter, it is an unfashionable view. Dismissed as a selftaught you say there is a central connection between black textualism and his great contribution to incorporating the bill of rights against the states. Dot First Amendment jurisprudence and alabama and the biblical connection. I believe i believe the greatest constitutional figure of the last 150 years was this relatively unlettered fellow a lincoln had less than a years formal education in his life. Life. It is unfair to call him unlettered. He is amazingly selftaught. He would go to debates. Books and reread the. He had just a steel trap mind. He was basically underestimated and dismissed in his lifetime by all these folks that had fancy educational east coast degrees. They really did underestimate him. The story interestingly recurs. I claim i began with lincoln. They greatest jurist of the 20th century was a hick from the sticks from alabama who did not go to harvard or yale or standard law school. Basically went to High High School did a year or two of college and then a nonstandard two years of education. A former klansman the guy actually does more to redeem his vision than anyone else. What we call were in court is actually i claim the intellectual brainchild of Hugo Lafayette black, this guy you might not have heard of. Brandeis went to harvard. You are getting this picture. Harvard has been telling the story. The six things. None of them were in place in 1936, the year before hugo black is appointed to the court fdrs 1st appointee. Now apportionment and 45 of the states massive now apportionment and 40. Jim crow. The jury segregation apartheid. The bill of rights does not apply against the states but the federal government. Think about the important bill of rights cases. Almost all the ones you think of foreign states that have done bad things, not the federal government. Organized prayer and recitation of prayer in the public schools. Freedom of speech is almost never been protected by the Supreme Court. That is the world of 1936. Almost every one of those things hugo black for. It joins the court. One person one vote. Getting rid of prayer in public schools. He along with everyone else gives you brown versus board of education. Criticized by his social social circle. The rights of criminal defendants gideon versus wainwright. He he led the table for that in 1942. So the story in that chapter is how people down south come from a fundamentalist tradition. They read their bible, care about teaches on sunday school. It is not a completely different vision. Also from the deep south. A tradition of taking the text very seriously and paying attention to history and original intent treating it as american scripture. Maybe not very sophisticated that very deeply felt by an American Patriot from the southland. Im in that tradition. The folks and harvard mark that. A little more sophisticated. But hugo black understood what lincoln was trying to do command he understood having grown up in the south that we were not living up to the promises. In the southland he really felt the failure of the reconstruction vision and did more to redeem lincolns vision than anyone in american history. And he is a deep southerner, former klansman who deep in his heart did not believe in religious intolerance or racial bigotry. Some of you might not know the story. Some harvard bashing. The harvard site has reciprocated. Concerned that all the justices come from an elite background. He said they are not all from an elite background. Some of them went to yale. You discuss the artifact it on the current justices come from near new york city. When you city. When you focus on where they were raised the geographic puzzle remains. He also note remarkably philadelphia philadelphia, new york, boston San Francisco. All from the same region going to the same school. No one is perfect. You also note beginning with Theodore Roosevelt ten of our most recent 19 president s attended. And 20 of the last 28 president ial elections the guy who what where guy who ran against them came from one of those for schools. Last four president s are went to harvard or yale or both. Five of five of the last seven runnersup went to hartford are you both. If you count the Vice President s people like for the vice presidency as well as the presidency last time we had an election when they did not go to either harvard or you were both 1968. You are living in a world where unlike the world that gave you hugo black or abe lincoln our leadership pac today very much travels through a very narrow gate called the ivy league. William buckley said he would rather be governed by the 1st ten and names in the phone book and the faculty at harvard. Should we be concerned about this . I think we should. This is good for me. I have three former students who are senators now. You know, i have students who are present. Its good for me but not the country because i think its too narrow a mentorship pattern. I believe in diversity, geographic diversity. Every part of the country has something to contribute. I believe in for solid reasons i hate to admit it it but there are more than to build schools in america. I do find it too narrow a pathway. But you say that the justices are redeemed or at least geography resurrects itself. I do think there are so many ways of slicing a geographically. North against south. The same states that voted for lincoln basically in 1860 voted for another tall skinny constitutional lawyer from illinois who gave a speech right here about race right here on the stage. The same states that voted against lincoln in 1860 voted against that tall skinny constitutional lawyer so that is northsouth. The parties flipped. The democrats have become lincolns geographic coalition and the republicans have taken on the part of the confederacy. You could slice it within states and look at coasts versus non coastal regions. In pennsylvania as you know it is philadelphia and pittsburgh connected by a different demographic. As you look at president ial elections by county this is to plural america. We start in dc a thin strip of blue around maine, the st. Lawrence seaway down through the great lakes the Northern Ohio and around michigan and minnesota down the Mississippi River the west coast the tippy tip of miami. Eight big indian reservations were no one lives and eight College Towns in the middle of america. That is blue america. Everything else is read. The people who voted for the constitution tend to be the people in the ports. And i claim that ports like philadelphia places connected to the world, places of commerce and trade often centers of education and philanthropy. Where people and peoples intermingle. California where i grew up his were north meets south. Philadelphia was always a more mixed place. New york, new york city. Its about commerce and trade in clashes and culture philadelphia is lasting with lawyers and so is the see in San Francisco and boston. Interestingly enough that is where the justices come from that was not always true. Lets take transcribe. He said the posture is things about the constitution. The northwest ordinance is somehow unconstitutional. The the missouri compromise. Why would they Say Something that fosters . That region had about a 3rd of the free population it had five justices. One of the reasons is because the justices road circuit back there. He had to apportion the justices based on the roads they would have to ride and the swamp they swamp they would have to cross. Because the south had crummy roads and that infrastructure they had a smaller districts because it took longer. So that meant the south had more than its fair share which meant the Dred Scott Court was really tilted toward the south. Today we dont have circuit riding. The jewish seat, the africanamerican seat. Interestingly most of them come from coastal places and went to basically ivy league schools. An interesting geographic fact. California is next. Anthony kenzie. First of all, my geography is terrible. It is not too far from the bay area. I admit you are from manhattan growing up. The Supreme Court from the upper east side. You think of new newark as an extension. You might even think of new haven. Now, i am a bay area kid. San francisco berkeley, oakland san jose. Our sphere of influence extends all the way to basically sacramento. So but kennedy grows up in sacramento. He goes to school undergrad at stanford. He sits on the court that meets in San Francisco, the ninth Circuit Court of appeals. My claim is to were threefold. He is a lincoln republican. You see the influence. They are not too many of them. It has become the party of the confederacy. A few republicans on the court John Paul Stevens david souter Harry Blackmun from minnesota. You can do so on the court. From our childhood they get pushed out of the party. Inspectors from pennsylvania Jim Jefferies vermont lincoln from rhode island they had pushed out. The one lincoln republican. As governor of sacramento . This lincoln republican. Kennedy is growing up in his shadow. Kennedy is a page in the california legislature. A little a little bit Ronald Reagan but a little bit of wine. Northern california republican. Brown versus board of education. He talked about both of them last week. And isnt it it is not a coincidence. They come from northern california. We get it on alternative lifestyles. Understanding the quality equality and dignity of our friends who happen to be born gay. Kennedy feels that in a way that is authentic. We grew up walnut creek is not quite berkeley. Northern california is renowned for its respect for alternative lifestyle. Especially sexual freedom and equality. You predict in the book that Justice Kennedy may write a landmark ruling holding Marriage Equality. On what grounds do you think you will do so and how will it and thoughts is constitutional reasoning . There have been three Supreme Court cases affirming gay rights. It was about a Colorado State constitutional provision. Anthony kennedy wrote the opinion for the court. Thats 9697. The 2nd one in 2,003 lawrence versus texas. States cant prohibit consensual sexual relations between consenting adults in private. Gay or straight. Anthony kennedy writes. Also 6325 believe. Then two years ago that court says the federal government has to respect things like marriages that are legal in states. Unconstitutional. Justice scalia dissents Justice Scalia and Justice Kennedy are both appointed by Ronald Reagan within two years of each other. They both happen to have gone up in the Catholic Church but represent rather different visions. Having read windsor roma lawrence versus texas i think that it would not be shocking to me if Justice Kennedy wrote the forth in in this 4th in this series just as well worn wrote brown versus board of education ending apartheid in education and loving versus virginia and 67. And those were 13 years apart. Liberal republican and lincoln republican tradition kennedy actually mentioned those two cases. About a dozen years apart. Samesex marriage. So openly moving. The timing between them. They call the roberts court. In everything except the obama care decision the big decision we are living in kennedy scored. I think its a pretty attractive vision. I defend a bunch of his decisions including Citizens United. The chapter is called Anthony Kennedy and the ideal of equality. The 1st part of the chapter is based on lecture i gave in sacramento. Here is what he have done cents. Who knows what he will do this season, but stay tuned. I want to ask you you would say to Justice Kennedy about his decision on the mccutchen case is so much to get through two superb chapters on the 4th amendment. One of my favorites is about how massachusetts state view of the 4th amendment a recent decision about cell phones he quoted james otis his famous speech on the writs of assistance. At that moment the child independence was born. Adams was wrong and then enclosed by the fact that he was in massachusetts. It happened just a bit later. The books case in london. The central concern. 1761 an episode that unfolds the great colonial your argues the patriot cause. Thats when the independence was born. No one at the time noticed any of this. Adams is not right this until 50 years later. The declaration of independence does not talk about the writs of assistance. 1761 big deal. The declaration wouldve mentioned it. He has to be in the room of the real thing happened. All the better. Massachusetts 1st. He was in. Johnnycomelatelys. You can see why adams might think that but the evidence does not support it. He is a harvard guy. So then the 1st Supreme Court case talk about writs insistence being important. It cites to another harvard guy was on the massachusetts Supreme Court and wrote the book. He thinks its important. This guy named Louis Brandeis he also went to harvard. This other harvard guy named felix frankford. All about the writs of assistance. So its this total harvard fabrication that was all about massachusetts. Massachusetts was 1st. I didnt like collection up there but there but they think of themselves as the hub the center of all things. The medical profession. The hub of the universe. It is not quite so. It turns out not to matter that much because the court basically has gotten right. It was a big deal. A fellow named john wilkes wilkesbarre pennsylvania. Will county North Carolina books county georgia. We can learn things from a map. Its an illusion. The judge in the case everyone in america does Pay Attention. A little bit after the affair the judges named camden. Eight blocks from here, camden new jersey, camden, camden maine, our friends in baltimore the orioles. Camden is a big deal. You can see it on the map. And the last chapter is actually the story of camden you have heard that the great william penn. The great city of philadelphia. Well Rodney Dangerfield states. This gritty little place called camden. They have a story to tell. What camden part camden was a great man hugo black, warren of his era he believed in american independence, liberty they tried to tell the story. It is really interesting applications. You see how this just by uncovering the stories the paradigm behind the phenomenal questions from the audience. She is importance of geography also motivate jefferson . The Louisiana Purchase moved west. Right. So most people are taught say it with me most important constitutional decision ever was marbury versus madison. Marbury barely makes my top ten. Yes, there is judicial review but it was established in america for library states for doing this. State constitutional law way before and after. The act of congress is not until dread scott 60 years later. Its all made up. So and the issue of liberty involved . There is no. Original versus appellate jurisdiction. An entire article about it and it bores me. What is the most important constitutional decision, the 1st two. The most important constitutional decision was lincolns decision to resist unilateral secession. Those are the big ones. The most important constitutional decision. The most important constitutional decision is called the Louisiana Purchase. President s are huge constitutional decisionmakers. And the constitution president s pick judges. But bush v gore and i have have a chapter on why that was an outrage disgrace. Judges were picking president s rather than the other way around. The chapter. The Louisiana Purchase thats big. That doubles landmass of america. Assures it will survive as a nation even if washington dc is burned to the ground and baltimore and fort mchenry almost fall weekend retreat back because we have all this land. In effect it ensures the french dont establish the toehold or the spanish. The Louisiana Purchase is a big deal all about geography. It opens up pathways to taxes in california. This book is in the guthrie tradition. Yes. And jefferson principles are strict construction. He is a quick. It wouldve been a fool not to grab this territory. Whether we exist as a nation lincolns decision to resist unilateral secession very big. The Second Amendment question. You have a chapter on wyoming which concludes in a timely fashion by saying they might provide special focus on the concerns of africanamericans. Maybe you can tell us more. Answering this question. You go back to the founding the nra. Why not go back further . The actual origination wellregulated militia. Excellent. Several things. Lets Pay Attention to state constitutions. Federalism is important. But with the virginia counterparts be . In my massachusetts chapter tell you about the language of the state search and seizure provisions of the massachusetts constitution. An amazing interactive display where you can push buttons on the screen nc state constitutional counterparts. This is a friend as in. This is about this is about states as laboratories. Almost everything in the federal constitution from start to finish states did 1st. Written constitutions 1st written constitutions 1st three branches of government bicameral legislature. Judicial review and juries. The framers stupidly forgot a bill of rights, and obvious omission. States get rid of slavery 1st. They gave they gave blacks to vote 1st women the vote. Almost everything in our tradition states have done 1st. Suppose we did not have the Second Amendment of all. Almost every state constitution has a provision of the arms in america. Todays state constitution is not just about malicious. Scare me but there is a right to have a gun in the home for self protection. Part of our american tradition because we believe in unenumerated rights. I have a great student 27 years ago who wrote a note about unenumerated rights and how you could find them by looking at state constitutions. So liberals believe in privacy. State constitutions, not necessarily enumerated. If the book about unenumerated rights to privacy. If there were not a Second Amendment conservatives can have. Liberals want sex in the home. Live and let live. Lets be tolerant. Even if there were not a Second Amendment and all they were being unenumerated right to have a gun because every state says so. Forget the founding. You live in lincolns house. Retard jefferson. It is not free his slaves. Enough. You live in lincolns house. Lincoln reinterprets jefferson. The fathers brought forth a knew nation. Im wearing my lincoln time. I got it right here. A very good value. It holds up well. Jefferson said all men are created equal. Live, very on doing. He gives us a 2nd found. Celebrating the 2nd found income of this new birth of freedom. And that the bill of rights applies against the states. The the original bill of rights was only limiting federal government. Almost not the bill of rights case the 4th amendment case. The 10th amendment is the federal government. Ohio gideon versus wainwright, roe versus Wade Lawrence versus texas griswold versus connecticut. New york times versus sullivan. Hugo black is a 14th amendment world. We call it the bill of rights because john bingham and Abraham Lincolns allies called these early amendments the bill of rights. Once you understand that in the consideration the framers of the 14th amendment believed in the Friedman Bureau bill of 1866 companion to the Civil Rights Act of 1866 both of which are companions of the 14th amendment proposed by congress a direct quote from the Friedman Bureau bill. Every citizen is entitled to personal liberty and security including the constitutional right to bear arms. No mention of malicious. Militias took up arms against lincoln. They dont love state militias anymore. They love they Love National armies. But they understand its not about militias anymore. Black people in their homes are entitled to have guns for self protection because they cannot count on the cost of protect. The National Rifle association founded after the civil war. One thing. The Second Amendment vision is important. Its more about the military commanders what it says. The military should look like us. It should not be an elite fighting force for the military complex militia and the folks who have the guns of women the same. The right of the people some shall not be abridged. The people in militia one of the same. Bear arms today that is anachronistic. What i todays militia counterparts . Police departments. Ferguson, baltimore new york city. In summary and it should look like america. Women as well as men blacks and whites gays and straights powell tom hanks a School Teacher from pennsylvania alongside a sharpshooter from mississippi. Thats not the founders where they had local malicious. Powell head of the joint chiefs. Women as well as men, gays and straights blacks and whites. Individual rights vision but you need to understand the founding in the reconstruction 19th amendment suffrage. They they have a right to serve in our military on equal terms. Dan country country. You may not the equality state. It gives women the vote 1st. Taylor ross 1st to let women under juries. As to the territory not yet the state. The union in 1870 wyoming promises equal pay for equal work. Wow. [applause] halftime unfortunately for just one more question and here it is. You compare just as black to Justice Thomas. How would you compare the decisions . If you want to come down the washington dc and three weeks i will be appearing with Justice Thomas the national archive. Maybe cspan will cover that event. Justice thomas and i disagree on certain things but i think that we share very much a fidelity to the constitutional project. We take the text seriously. I find Justice Thomas underestimated in the same way that hugo black was underestimated because yankees yankees can be very smart people southern accents. That is how lincoln was underestimated. Thats true today of Clarence Thomas. I actually find his body of work very significant. I dont always agree that. It is not always flashy there is a steadiness to it. There is also a fidelity to it. If i were to send Clarence Thomas something i think it actually read it. He is open to the possibility that he may have made a mistake only on and does not want to keep making mistakes. I hope that he will get involved with the National Constitution center. Were trying. It would be so wonderful. This is always going to end. When you go to his chambers there is a portrait of lincoln. Lincoln is his hero. Should be all hours. The story of the constitution is what unites us north and south, east and west, liberal and conservative republican and democrat, red and blue. That is the National Constitution center is all about. I am hoping we can involve Justice Thomas more. Beautiful. Ladies and gentlemen this great teacher you can see what it was that kindled my passion for studying the constitution. Inspiring me and millions of americans to a lot of study the constitution. I want to thank you. Join me in thanking americas constitutional law teacher. [applause] [applause] is there a Nonfiction Author or book you would like to see featured . Send us an email. Tweet us or post on our wall bill gates recently released a list of seven books is reading this summer
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