WE'RE BACK!
♪ ♪ ♪ WITH THE AUTHOR OF THE "THE
AUTHORITY OF THE COURT AND THE PERIL OF POLITICS," JUSTICE
STEPHEN BREYER.
YOUR NEW BOOK OUTLINES THE DANGERS OF THE JUSTICES BEING
PERCEIVED AS POLITICAL FIGURES AS OPPOSED TO JUDGES.
YOU'VE SERVED FOR 27 YEARS.
WHY DO YOU THINK THIS IS A SUBJECT THAT NEEDS TO BE
ADDRESSED NOW?
>> BECAUSE I THINK THAT PEOPLE, PARTICULARLY YOUNGER PEOPLE AND
THE FUTURE OF THIS COUNTRY IS IN THEIR HANDS, I'M AFRAID, NOT
MINE.
IT'S UP TO THE HIGH SCHOOL STUDENTS, THE COLLEGE STUDENTS.
AND I THINK THAT THEY LOOK AT MANY OF OUR INSTITUTIONS AND
THEY FEEL A LACK OF CONFIDENCE.
I CAN UNDERSTAND THAT.
THERE ARE REASONS.
BUT IF THERE'S TOO MUCH DISTRUST OF THE INSTITUTIONS, PEOPLE
CAN'T LIVE TOGETHER IN SOCIETY.
SO THEY HAVE TO WORK OUT WAYS, WAYS WHERE THEY CAN IMPROVE THE
INSTITUTION, WAYS WHERE THEY CAN TALK TO OTHER PEOPLE, WAYS WHERE
THEY CAN MAKE THEIR ARGUMENT IN A CIVIL MANNER AND GRADUALLY
BRING THIS COUNTRY TOGETHER.
AND I HAVE A LITTLE-- A LITTLE SORT OF WINDOW ON SOME OF THAT.
>> Stephen: TINY LITTLE BOOK.
>> IT IS A TINY BOOK.
>> Stephen: TINY LITTLE BOOK.
>> IT'S NOT AS TINY AS THE CONSTITUTION.
>> Stephen: NO, NO, BUT JUST AS GOOD, JUST AS GOOD.
( APPLAUSE )
SAY THAT PEOPLE NEED TO WORK TO IMPROVE THE INSTITUTIONS, THE
SUPREME COURT BEING ONE OF THE INSTITUTIONS.
WHAT WOULD YOU CHANGE TO IMPROVE IT?
>> IN THE COURT?
>> Stephen: YOUR COURT, THE SUPREME COURT.
>> OF COURSE I'M TEMPT TOLD SAY, WHICH IS A FRIVOLOUS REMARK, BUT
I'M TEMPTED TO SAY PEOPLE COULD AGREE WITH ME ALL THE TIME, BUT
THAT IS A FRIVOLOUS REMARK.
AND THE ANSWER IS, GRADUALLY, OVER TIME, OVER QUITE A LONG
TIME, I'VE COME TO REALIZE-- AND IT'S SORT OF I SHOULD HAVE
REALIZED IT FROM DAY ONE, BUT, I MEAN, YOU INTERNAL IT-- THIS IS
A BIG COUNTRY.
THERE ARE 331 MILLION PEOPLE.
THERE'S EVERY RACE, EVERY RELIGION, EVERY POINT OF VIEW.
AND SOMEHOW, THROUGH A MIRACLE, THEY'VE COME TOGETHER AND
LEARNED HOW TO LIVE TOGETHER IN ONE COUNTRY, AND WE SEE ALL
THOSE PEOPLE IN FRONT OF US WORKING OUT THEIR MAJOR
DIFFERENCES UNDER LAW AND NOT WITH GUNS OR OTHER THINGS THAT
ARE REALLY INAPPROPRIATE AND DANGEROUS.
>> Stephen: BUT--
I GUESS WHAT I THOUGHT OF WHEN YOU WERE SAYING THAT IS, I THINK
THOSE 330 MILLION PEOPLE, MANY OF THEM WOULD SAY THEY DO NOT
SEE THE COURT AS BEING REPRESENTATIVE, BECAUSE MANY OF
THE PEOPLE ON THE COURT, MOSTLY THOSE WHO LEAN MORE TOWARD TO
THE RIGHT WING OF THE COURT-- IF THERE IS SUCH A WING IN YOUR
MIND-- WERE APPOINTED BY PRESIDENTS WHO DID NOT HAVE A
MAJORITY OF THE VOTE WHEN THEY WERE ELECTED, BY A SENATE,
REPUBLICAN SENATE CONFIRMED, THAT REPRESENTS 41 MILLION FEWER
AMERICANS THAN THE DEMOCRATS IN THE SENATE.
AND WHILE YOU YOURSELF MAY NOT BE POLITICAL-- AND I ACCEPT
THAT-- THE COURT ITSELF IS CREATED THROUGH A POLITICAL
SYSTEM THAT NO LONGER REPRESENTS WILL THE MAJORITY OF THE
AMERICAN PEOPLE.
( APPLAUSE )
RESPONSE.
I MEAN, IT'S BEEN A LONG TIME SINCE THE FOUNDERS WROTE THIS
DOCUMENT, THE CONSTITUTION.
AND A LETTER FROM GEORGE WASHINGTON SAYS IT'S AN
EXPERIMENT.
IF YOU READ THE GETTYSBURG ADDRESS-- AND MY WIFE PAID OF MY
GRANDCHILDREN $20 TO MEMORIZE IT, AND THEY DID.
AND YOU'LL SEE WHAT LINCOLN, I THINK, IS REALLY SAYING IS THIS
IS AN EXPERIMENT.
WELL, YOU PUT YOUR HAND ON-- YOUR FINGERS ON SOME FLAWS.
AND YOU CAN SAY THEY'RE MAJOR OR MINOR.
YOU HAVE A YOUNG AUDIENCE HERE, AND SO I'M VERY SORRY TO DO
THIS, BUT I SAY THE THING TO DO IS FOR THEM TO WORK OUT HOW YOU
CAN MAKE THIS IMPROVEMENT OR THAT IMPROVEMENT OR THE OTHER
IMPROVEMENT, AND WE HAVE A FIRST AMENDMENT THAT ALLOWS FOR FREE
SPEECH-- INDEED, INSISTS ON IT.
WE HAVE A DEMOCRATIC SYSTEM OF GOVERNMENT, AND IF I'VE LEARNED
ANYTHING, IF I'VE LEARNED ANYTHING IN THE LAST 27, 28
YEARS, IT'S THAT THERE ARE PEOPLE WHO DISAGREE WITH ME.
AND THE WAY TO DEAL WITH THEM, IN MY OPINION, LISTEN TO WHAT
THEY SAY.
AND IF THEY TALK ENOUGH, YOU WILL FIND SOME AREAS WHERE YOU
AGREE.
AND THEN YOU WORK WITH THOSE, AND YOU WORK WITH THOSE FOR A
POSITIVE OUTCOME.
I MEAN, IN CAMBRIDGE, MASSACHUSETTS, WHEN GOING
THROUGH COVID, PEOPLE FORMED NEIGHBORHOOD COMMITTEES, AND
THEY WENT TO SEE OLD PEOPLE, SEE IF THEY HAVE ENOUGH FOOD.
THAT DIDN'T JUST HAPPEN IN CAMBRIDGE.
IT HAPPENED IN NEW YORK.
IT HAPPENED IN ST. LOUIS.
IT HAPPENED IN SAN DIEGO.
WE'RE NOT TOO BAD IN THIS COUNTRY.
WHEN WE DISAGREE-- OH, SOMETIMES IT CAN BE TERRIBLE-- BUT IF WE
WORK AT IT, WE CAN FIGURE OUT WAYS OF WORKING TOGETHER,
LISTENING, WORKING TOGETHER, TRYING TO FIND WAYS OF BUILDING
THINGS THAT ARE POSITIVE.
WE HAVE A LONG HISTORY OF THAT HAPPENING.
WE HAVE SOME BAD DOWNS, BUT WE ALSO HAVE SOME PRETTY GOOD UPS.
WHY DO I SAY THAT?
BECAUSE YOU HAVE A YOUNG AUDIENCE.
BECAUSE I SAY TO MY GRANDCHILDREN, "HEY, IT'S UP TO
YOU, MY FRIEND.
YOU'VE GOT TO TAKE THIS EXPERIMENT FROM WASHINGTON, FROM
LINCOLN, FROM OUR PAST, OF UPS AND DOWNS, AND YOU'VE KNOT TO
SEE THAT IT'S GOING TO TURN OUT POSITIVE."
AND I WANT PEOPLE TO REALLY-- I REALLY WANT THEM TO BETTER
UNDERSTAND THE COURT AS PART OF THAT-- FILLED WITH FLAWS.
THERE WAS "PLEASE VERSUS FERGUSON," THERE WAS
SEGREGATION, BUT THERE WAS ALSO "BROWN VERSUS BOARD OF
SEGREGATION" WHICH SAID THERE WILL BE NO MORE LEGAL
SEGREGATION.
THE TASKS ARE DIFFICULT, THE TASKS ARE DIFFICULT, PUT WE DO
HAVE INSTITUTIONS, IN MY OPINION, AND WE HAVE A
CONSTITUTION THAT CAN HELP US DEAL WITH THEM AND LIVE TOGETHER
DEMOCRATICALLY FOR ANOTHER 250 YEARS.
( APPLAUSE )
ANOTHER BREAK, BUT DON'T GO ANYWHERE.
WHEN WE COME BACK WE'LL GET TO THE BOTTOM OF IS A HOT DOG A
SANDWICH WITH JUSTICE STEPHEN BREYER.
♪ ♪ ♪