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Senate Proceeding on Aug 5th, 2010 :: 1:02:45 to 1:13:55
Total video length: 12 hours 32 minutes Stream Tools: Stream Overview | Edit Time

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Richard Burr

1:02:31 to 1:02:52( Edit History Discussion )

Richard Burr: the presiding officer: without objection. the senator from north -- call be dispensed with. the presiding officer:. the senator from north carolina. mr. burr: i thank the senator from kansas. madam president, the american people are worried about the direction of our country, and i absolutely share their concern. the public has witnessed washington's growing disregard

Richard Burr

1:02:45 to 1:13:55( Edit History Discussion )
Speech By: Richard Burr

Richard Burr

1:02:53 to 1:03:13( Edit History Discussion )

Richard Burr: for the constitution and its limits on government power. too many of those powers see no limits to their autrity, and that to me is frightening. the size of government has exploded. spending is out of control and congress passed thousands and

Richard Burr

1:03:14 to 1:03:34( Edit History Discussion )

Richard Burr: thousands of pages of legislation with little concern for the effects on the rights of everyday americans and with no thought at all for the debt that we saddle our children and our grandchildren with. the founding fathers knew the dangers of expanding government power. the founders knew what barry goldwater knew when he said --

Richard Burr

1:03:35 to 1:03:57( Edit History Discussion )

Richard Burr: and i quote -- "a government strong enough to give you what you want is strong enough to take it away." unquote. they established the judiciary branch in order to protect against an overly aggressive government. they envisioned it as a neutral arbitrator of disputes based on the written law and as a check on government power grabs beyond

Richard Burr

1:03:58 to 1:04:19( Edit History Discussion )

Richard Burr: the intended authority. this is why the judiciary is so important and why the lifetime appointment of a justice to the supreme court is one of the most serious actions any of us will consider. we must have judges who are committed to the job of holding us to the words of the

Richard Burr

1:04:20 to 1:04:40( Edit History Discussion )

Richard Burr: constitution and laws that are written. we in congress have proven aga and again that we won't limit ourselves, and the executive branch continues to do the same. the american people knew this, and that's why they are concerned about president

Richard Burr

1:04:41 to 1:05:01( Edit History Discussion )

Richard Burr: obama's nomination of elena kagan to the u.s. supreme court. i'm concerned that ms. kagan doesn't seem to recognize the limits the constitution places on the federal government and does not understand or seem to understand the role of the supreme court justice.

Richard Burr

1:05:02 to 1:05:23( Edit History Discussion )

Richard Burr: ms. kagan, of course, does not have a judicial record for us to base our decisions on, and i don't think that that alone should disqualify her, but it does make it difficult to discern how she will perform as a judge. ms. kagan has spent most of her career in political roles in the

Richard Burr

1:05:24 to 1:05:44( Edit History Discussion )

Richard Burr: academic -- and in the academic world. i don't think it's appropriate to cast my vote based only on her politics, but i do think that her record shows that she's been unable to separate her politics from her legal advice, even in her purely legal role in

Richard Burr

1:05:45 to 1:06:06( Edit History Discussion )

Richard Burr: clerking for the supreme court. this is incredibly problematic. i'm concerned that ms. kagan woeupbl further the -- will only further the rapid expansion of the federal government, that her actions particularly on issues such as military recruiting, second amendment rights and abortion show that her first allegiance is to her own political views.

Richard Burr

1:06:07 to 1:06:27( Edit History Discussion )

Richard Burr: her record and her testimony demonstrate that she is likely to limit the powers of the fedel government only based on her personal political views and not based on the enumerated powers of the constitution. our founding fathers established the federal government of limited power.

Richard Burr

1:06:51 to 1:07:11( Edit History Discussion )

Richard Burr: intended to be beyond federal government rea. unfortunately, legal progressives have sought to stretch that list far beyond its breaking point. often they have chosen as their tool the commerce clause which gives congress the authority to regulate commerce amongst the states. over the years congress has

Richard Burr

1:07:34 to 1:07:55( Edit History Discussion )

Richard Burr: the framers intended the limited nature of congress's power as a method to protect the freedom of individual americans to go about their lives without undue interference from government. but the limits the constitution established matter only if our judges are willing to enforce them.

Richard Burr

1:07:56 to 1:08:17( Edit History Discussion )

Richard Burr: i'm sad to say that i do not believe ms. kagan will enforce those limitations. during her hearing, senator coburn asked ms. kagan a very basic question, but it's an portant question that deserves a direct and straightforward answer. senator coburn asked this -- and i quote -- "if i wanted to sponsor a bill and it said

Richard Burr

1:08:18 to 1:08:38( Edit History Discussion )

Richard Burr: americans you have to eat three vegetables and three fruits every day, and i got it through congress and it's now the law of the land, does that violate the constitution clause -- the commerce clause? excuse me. while ms. kagan acknowledged this would be a dumb law, she repeatedly stated that the court should give great deference to

Richard Burr

1:08:39 to 1:09:00( Edit History Discussion )

Richard Burr: the will of congress. she said -- and i quote -- "we can come up with sort of, you know, just ridiculous-sounding laws and the principled protector against bad laws is the political branches themselves." i can certainly see why the american people are afraid if the task of protecting against bad laws is left solely up to

Richard Burr

1:09:01 to 1:09:22( Edit History Discussion )

Richard Burr: the political branch. ms. kagan had extreme difficulty in recognizing any limit at all on federal powers. she simply refused to acknowledge that the federal government cannot pass a law telling american citizens what to eat. of course i could see why the obama administration supports her. the recently passed health care

Richard Burr

1:09:23 to 1:09:43( Edit History Discussion )

Richard Burr: legislation an exercise of unprecedented government power. the new health care law mandates -- mandates -- that americans purchase health insurance by forcing americans to purchase government-regulated insurance and by threatening them with i.r.s. tax sanctions, the obama administration's

Richard Burr

1:09:44 to 1:10:05( Edit History Discussion )

Richard Burr: forcing its way into american hraoeufps in a way this country has never witnessed. never before has the federal government forced americans under teat to purchase a particular good or service. i strongly disagree, and most americans disagree, with this

Richard Burr

1:10:06 to 1:10:27( Edit History Discussion )

Richard Burr: expansive view of the federal government's powers. we need justice on the supreme court ready and willing to defend the constitution. we need justices who recognize that there are in fact limits to the federal government's powers. not only must supreme court justices recognize and enforce the limitations of the federal government, but they cannot owe any allegiance to advancing the politil agendas of the

Richard Burr

1:10:28 to 1:10:48( Edit History Discussion )

Richard Burr: president who appointed them. i do not believe that ms. kagan fully appreciates this critical point. to the contrary, i believe that if confirmed, she will beied more to her own political agenda than to the constitution of this great country. ms. kagan's record is truly disconcerning to me.

Richard Burr

1:10:49 to 1:11:11( Edit History Discussion )

Richard Burr: throughout her career, her record reveals that she put politics above the law. such a philosophy has no place in the supreme court. i oppose ms. kagan not because of her political views, i oppose her because she's not demonstrated an ability to lea those political views at the courthouse door.

Richard Burr

1:11:12 to 1:11:32( Edit History Discussion )

Richard Burr: as such, she fails to meet the minimum requirements for any judicial appointment in partial fidelity to the written law. on military recruiting, ms. kagan has fought zealously to keepecruiters off our campuses during a time of war. as dean of harvard law school, she sent e-mails to the entire

Richard Burr

1:11:33 to 1:11:54( Edit History Discussion )

Richard Burr: harvard law school community saying it abhors her the military's don't ask, don't tell policy, and calling it a profound wrong, a moral injustice of the first order. the obama administration has defend her actions against military recruiters saying these claims were overblown because she ultimately connued the practice of her predecessor in

Richard Burr

1:11:55 to 1:12:16( Edit History Discussion )

Richard Burr: allowing the military to recruit through the school's veterans organizations which was primarily a social organization with fewer than 20 members. yet, even this paltry action was only a way to continue to receiv federal funding for the school, a federal law known as the solomon amendment denies federal funding to any institution of higher education

Richard Burr

1:12:17 to 1:12:38( Edit History Discussion )

Richard Burr: that has a policy or practice that either prohibits effect prevents the military from gaining access to the campuses or access to students on campus for the purpose of military recruiting in a manner that is at least equal in quality and scope to the access to campus and to students that

Richard Burr

1:12:39 to 1:12:59( Edit History Discussion )

Richard Burr: is provided by any other employer. and even then she explains that doing so caused great distress. ms. kagan did everything she could to fight the solomon amendment, even signing on to an amicus brief in the supreme court in the case of rumsfeld v. faire with about 40 other law professors opposing the

Richard Burr

1:13:00 to 1:13:25( Edit History Discussion )

Richard Burr: amendment. the supreme court unanimous rejected their argument. not one justice found it convincing. not souter, not breyer, not stevens. ms. kagan demonstrated similarly poor judgment on the second amendment when she was clerking for supreme court justice thurgood marshall, she had the

Richard Burr

1:13:28 to 1:13:49( Edit History Discussion )

Richard Burr: opportunity to consider sandge v. u.s., -- the presiding officer: senator, you've consumed the time you asked for. mr. burr: madam president, i i -- have i consumed 15 minutes? the presiding officer: all the time that was allotted to the republican side has expired.

Richard Burr

1:13:50 to 1:13:58( Edit History Discussion )

Richard Burr: mr. burr: i thank the chair. mr. schumer: the presiding officer: the senator from new york. mr. schumer: thank you, madam president.

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