remember every day, just how important our young people are and how curious it and ready to do anything you all are. that is fun. all right, we in the back. the red hair. -- weight in the back. right here. >> can do anything to make recess longer? >> to make recess longer? [laughter] ok. caller[cheers] long recess? can i make recess longer? i see "no" over there? we want to make sure that all kids have recess. there are some kids in some schools, some places don't have recess. we want to change that. because during the day, you tell me, doesn't it feel better to get through the day when you get a break and run around a little bit, get some of that energy out, throw a ball, sweat a little bit? doesn't that help you learn? i believe it helps kids learn. the first thing is we need to make sure that every kid has an opportunity to have recess in their schools and to get exercise and to have p.e. and play sports. once all kids have it, then the question becomes whether it is longer or whether you need to know math. i know, there is the school aspect, but it is a good balance so that kids are getting a little bit of everything. does that make sense? all right, sounds good. ok, the lady next to allen, in the white. >> the movie business. >> is the move it business working well? we just started that initiative and we are pleased with the response. everybody that we have come across is excited about the possibility that we could make sure that kids are healthier. i have not run into anyone who does not think it is a good idea, because it is all about you all. so far, so good, but we have a lot of work to do, and we won't know how we're doing for a while. we will see it in you all. we will check back again next year, and knickknacks -- asked me that question again. ok? you, young lady. yes, you. yes, you. find the microphone. >> do malia and sasha still hang out with their friends in chicago? >> they do, as much as possible. sometimes on vacation, sometimes for offense. -- sometimes events. but they have made new friends here, good friends, but their old friends are still people that have known all their lives. you know old friends that you have had since you are 3, right? there is nothing like those friends. they have been lucky to be able to keep those connections. our right, let's see. -- all right, let's see. the first, the tie dyed pink. >> the you help your girls with their homework? >> yes, every night. well, malia is older, so she does her homework on her own. she is very independent. i don't helper, and she does not want my help, quite frankly. sasha is still a little bit younger. yes, third grade. when she needs help, help her, but usually check, to make sure. i try not to redo it, but i check and ask her if she can change things if they're wrong. our right. how about you, young man. >> how long have you had bo? >> a little over a year. press? i saw a story on his anniversary? it has been a little over a year. he will be 2 in october. his birthday is october. but dogs grow fast. one-year-old dogs are not baby puppies anymore. he is a big breed dog. that is about as big as he is going to get. now he is sort of like a teenager. he is not a baby puppy anymore. yes, dogs have shorter life spans. their life moves a little faster. he is more like a teenager now. if the dog is 10 years old, that is an old dog, like a grandma, exactly. " that does not offend anyone, but, that is about where they are in their lives. ok, you, young lady, in the glasses, second row. >> the use still communicate with your friends in chicago? -- the use still communicate with your friends in chicago? >> yes, we do. we try to connect as much as possible. that is been a fun thing for me, too. all right. we're going to be able to do a couple more questions. if you asked a question, make sure that your hand is down. make sure that you ask a question that has not been asked before, all right? these are all brand new questions? ok. yes, definitely. intercoms the mike. i will do it one in each section. one here, one here, one here. does that sound fair? and you can talk amongst yourselves and figure out who the question needs to be. yes? >> i have two. what is bo's favorite toy? >> his favorite toy is a bigot rope. he likes to drop at your feet. -- it is a big rope. he likes to drop at your feet, wait for you to get it. he played tug-of-war, and he tries to win. he wins if he plays against sasha. usually i win, because i am bitter. >> -- i am bigger. >> how early do they have to get up? >> they get up at 6:00 a.m. they could get up later if they move faster. [laughter] but that is their choice. you move slow, you get up earlier. ok, this section, in the black. >> oh, yeah. >> take your time. am i just remembered. -- >> i just remembered. when did you start the let's move. >> that is a question i answered before, but i want to make sure all kids are healthy and it is important to make sure kids start out early with good habits. if you start out early with good habits, you grow up with good habits, and and we have a healthier nation. if we have healthier kids, we of healthier parents and a raise healthier kids. all right, one more in this section. alright, you on the end. yes? >> what activities are you and your family interested in the most? >> activities like sports and things? we all like different things. some like soccer, some tennis, some basketball. everybody likes to watch movies. everybody likes to travel. everybody gets excited when there is a big trip. we like to travel together. usually, we don't care where we go. it is usually fun and interesting. those are some of the things we like to do. i know. all right, who has the question here? all right, we're gone to the back. i have done a lot in the front. the young lady with the multicolored stripes. >> what are your responsibilities as first lady and did they change as president obama goes out of town? >> that is a good question. the first lady technically does not have a job description. that is something that has been debated. whether the first lady should get paid, whether it there should be a more defined job description. right now, every first lady describes -- defies their job based on their interests and passions. some promote reading and literacy. some people promote saying no to drugs. hillary clinton promoted work with children and work abroad, a lot of the international focus. it really changes from first lady to first lady. . >> the young lady in the red. you have a lot of people pointing at you. >> what after-school activities to the girls a do? -- girls do? >> piano. practice for sports. sasha does hip-hop dance.' melia does flute. i am sure i'm missing something. that is the array. the sports chains by season. sasha-- the sports change by season. sasha's basketball. i will probably have them do basket -- i will probably have them do it swimmiswimming. we are done. i have to go do the rest of what items posted do as first lady -- of what i am supposed to do as first lady. let's bring bo back up. i will ask you all to sit and being calm. -- and be calm. he is excited. i will bring him to each section. thank you. learn a lot. yes, i know. i know, i know. i am going to start in this section. i will walk around. stay in your seats. i know. come on, bo. this way. do you want to see him? bo. all right. i am coming around this way. yeah. yeah, i'm going to leave the treats. the floor is slippery. come on. all right, you guys stay in your seats. i will bring him around. hey, guys. i love the monuments. the washington monument. thank you, sweetie. that is sweet. stay in your seats. i will come around. [inaudible] [inaudible] >> and a look at the support -- the supreme court appointment process. later, kaplans the bilious testify as in the budget request for 2011. tomorrow, on"washington journal" scott wilson and gail chadic look at the weeks ahead. then, the president and ceo of spirit airlines speaks about charging for carry-on bag. washington journal live at 7:00 a.m. eastern here on c-span. >> a discussion on the appointment process for supreme court nominees. we will hear remarks from barbara perry. this is hosted by the supreme court historical society. introducing her is chief justice john roberts. this is about 40 minutes. -- this i 50 minutes. >> good evening and welcome. lawyers are given to some strange language called "legalese." this is a no-no. [laughter] this pda, ipod, whatever -- off. not on silent, but off, because it can affect the sound system. i am raff lancaster, president of the supreme court historical society. -- i am ralph lancaster, president of the supreme court historical society. i am pleased to welcome you to the series about the supreme court. the society has been holding lecturer series since 1993. -- lecture series since 1993. each one is published by our society in the journal of supreme court history, so that we can forever preserve a significant and scholarly work which we introduced to our members -- preserve the significant and scholarly work which we introduce to our members bridges is made possible by the generosity of our trusties -- to our members. this is made possible by the generosity of art trusties, members, -- of our trustees, members, and other generous donors. our programs are hosted by the justice of the supreme court -- by a justice of the supreme court. we could not be in this magnificent room without their support. tonight's post is just as john roberts -- host is justice john roberts. has asked that there be no extensive introduction, both because he does not need one, and because i do not want to risk condemned the court -- contempt of court. [laughter] i would be remiss if i did not say again that, long before he ascended to the bench, he was a strong supporter of the society. we are now, as we have been for years, deeply in is his debt for that support. it is my honor to present him to you. [applause] >> thank you. thank you very much. i did not quite know what he was going to do when he picked that up. we have the cases today involving those. i thought -- we had a case yesterday, involving those. i thought he was going to clear up some confusion. thank you for joining us for the sectongld lecture on the supreme court and the separation of power. the series is sponsored by the supreme court historical society. we very much appreciate all the society does to improve the public understanding of the supreme court and our nation's constitutional form of government. these lectures are just one example of society's -- of the society's wonderful programs. tonight, professor barber perry will talk about the appointment process for supreme court -- professor barbara perry will talk about the appointment process for supreme court justices. justice stevens is 90 today. at 90 years of age, when most people have logged in a couple of decades of retirement, he was on the bench today at my side, not only working, but making sure that the lawyers appearing before us earned their pay as well. prof. barbara perry has a very distinguished resonate. -- resume. she is the carter glass professor of government at sweet briar college, and the director for the center of civic renewal, which works to foster effected citizen engagement through enhanced public understanding of the american constitutional system. she received her bachelor's at the university of louisville, and made from the university of oxford, and ph.d. from the university of virginia. when she was at louisville, she visited louis brandeis's grave. it is at a law school there. i just learned that a short time ago. she is a very prolific author. her works include, "the supremes -- an introduction to the united states supreme court justices," and "jacqueline kennedy -- first lady of the new frontier." this is a homecoming for her. she is currently working on a volume with a professor about the supreme court and the judicial process. please join me in welcoming prof. perry. [applause] >> thank you, mr. sheets justice for your kind introduction, and for honoring us -- thank you, mr. chief justice, for your kind introduction, and for honoring us with your presence tonight. my own mentor, henry abraham, is here this evening. he taught me everything i know about judicial appointments. his book is now in its fifth edition and is the definitive work on supreme court nominations. i would also like to thank my longtime friends, students colonies -- friends, students, and colleagues. i would like to thank our dean. you may have heard about a recent speech given across the street in which a resident of a large white house at the opposite end of pennsylvania avenue inadvertently advertised the theme of the historical society 2010 lecture series by announcing his respect for separation of powers among the branches of government. i must admit that the theory behind separating government powers tends to make my students by slaves -- students' eyes glaze over. a poll revealed that many americans identified the three branches of government as follows -- republicans, democrats, in independentband i. i was grateful that the aba's president had chosen separation of powers as the focus of his tenure. our work was cut out for us. how unfortunate that americans have so little understanding of this crucial element in our nation's constitutional structure. a noted british political theorist and oauthor observe that the principle of dividing government authority along functional lines accurately, legislative, judicial, executive, but tends to -- at times to -- attempts to establish a viable road. it is important that the government be divided. each government branch may not be allowed to encroach on the other branches. in this way, they will each be objected the others. no single group of people will be able to control the machinery of the state. though political scientist could begin as separation of powers discussion without referring to the oft quoted federalist paper no. 51, where madison describe the need for what he called "the necessary partition of power between departments." that was the language used -- that was the language he used. they may be the means of keeping each other in their proper places. the father of the constitution explained that, "the separate and distinct exercise of the different powers of government is essential to the preservation of liberty." as he said dick that each department should have a will of its own -- as he said, "each department should have a will of its own. in theory, all appointments should flow through the people with arc at had disingenuous since in the house of representatives -- growth all appointments should flow through the people. this was somewhat disingenuous since only the house of representatives is chosen by the people. the primary consideration ought to be to select that mode of toys which best secures these qualifications -- most of that choice which best secures these qualifications. at the philadelphia convention, the framers spend more time discussing the process of judicial selection than the criteria for choosing federal judges. according to madison's notes, the delegates initially considered appointment of federal judges by the national legislature. james wilson, pennsylvania's brilliant representative, and a future member of this court, opposed the proposal, arguing that, "entry, a partiality, and concealment resulted from judicial appointments by legislators." moreover, the primary reason for creating a single executive was so that one official would be responsible for nominations. john rutledge of south carolina countered that granting so great a power to any single person would cause the people to think we're lean toward monarchy. he would receive two appointments to serve on the u.s. supreme court. he resigned as associate justice before the court ever convened, to except appointment to the south carolina supreme court, thinking that would be a much more powerful body. congress failed to except his recent appointment after he had served five months. madison oppose legislative selection -- opposed legislative selection of judges. many of the members were not judges with these requisite and particular qualifications. he did not want executives to have the soul appointment power. -- the sole appointment power. madison wanted to give the power to the senate, because its members would be sufficiently stable an independent to follow their deliver judgment. even a founding father cannot be right all the time. at this point in the early stages of the convention, the first discussion of how to choose members of the national judiciary, as it was called, took place on june 5. benjamin franklin offered an interesting anecdote to break the tension. he described the scottish method of allowing lawyers to select members of their own profession to set on the bench. the possibility of dividing the newly selected judges among themselves always motivated the scottish lawyers to nominate the most qualified members of the bar, who obviously would then have the most lucrative legal practices to divvy up among themselves. not a bad idea. a massachusetts delegate suggested that federal judges be appointed by the executive, with the advice and consent of the senate. madison proposed a variation on that idea. the executive appointment of tourists with the concurrence of 1/3 of the legislature's upper house. this would unite the advantage of responsibility in the executive with the security of -- with the security afforded to the second branch. in judicial appointments, the convention began moving toward a variation on the theme of separation of powers that included another crucial component of american constitutionalism, and in checks and balances. -- namely checks and balances. the branches would not be separate. they would interact. the great security against the gradual concentration of the powers consist of giving to those who would minister -- who administer the power to resist encroachment of others. i know my students know this -- "ambition must be made to counteract ambition. the interest of the man must be connected with the constitutional rights of the place." the delegates settled upon the suggested compromise or selecting judges of the supreme court. -- settled upon us suggested compromise for selecting judges of the supreme court. though madison had made reference to these qualifications, neither he nor his fellow delegates were more specific in their bill littlefield -- in their philadelphia discussions, nor in the documents they produced. the u.s. constitution is wholly silent on this subject. begin turn to the federalist papers for some -- we can turn to the federalist papers or some more thought on this. he wrote several common stock for some more thought on this. -- we can turn to that federalist papers for some more thoughts on this. he wrote several papers. he said it is acquired through long and laborious study. that was his only expressed criteria. when i was invited to deliver this talk on the supreme court appointments, how did you know you would be giving this talk on appointments right when we were in the midst of considering them? i have to say it was purely arbitrary, maybe even a tad capricious. i was elated to get a call. i have written and spoken on the topic for years. my dissertation was a quarter- century ago. i have written volumes on the role of the president and senate in court nominations. it occurred to me that speaking for the supreme court historical society, at the supreme court, might require speaking about the court. i inquired, is there a particular approach you would like me to take? she responded, i thought rather breezily, what role has the court played in appointments? has it been a bystander or an active participant? for a moment, my professional life flash before my eyes in and near-career death experienc