Stephen G. Breyer

speaker

67,148 appearances 783 recordings 1 series first heard Oct 2010 last heard Apr 2022

Stephen G. Breyer’s voice in public audio — every appearance, attributed to the second.

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Supreme Court of the United States · Torres v. Texas Dept. of Public Safety (20-603) · 29 Mar 2022 court

And the same is true of a lot of these other clauses in the First Amendment. podcast-host

But here, it's quite different, because I don't know what is involved. podcast-host

When you say states retain their sovereign rights to raise armies, to raise navies, to, and then there are a list of six clauses. podcast-host

So I thought you might have thought that through better than me, and I suspect you have. podcast-host

But I want to hear what you have to say. podcast-host

if you read the six clauses that have to do with the war power in Article 8, podcast-host

They give to Congress all these powers, armies, navies, etc. podcast-host

But it ends by giving to the states the power of running the militia in two areas, reserving, it says, to the states, respectively, the appointment of officers in the militia and the authority of training the militia according to discipline preserved by Congress. podcast-host

Now, does that reserve mean that the other things listed in the six clauses are exclusively the business of the — and prohibited to the States? podcast-host

Yes, I agree with that. podcast-host

evidence for that? podcast-host

You've given a good answer, but I want you to answer more. podcast-host

And I'll focus it. podcast-host

I'll start with the assumption, which you don't have to answer, that this has the potential of being a pretty important case for the structure of the United States of America. podcast-host

The war power is not copyright, and it is not the Indian Commerce Clause. podcast-host

It is in, you know, as Lincoln said, will this nation long endure? podcast-host

We hope it is never necessary, but maybe that question will come up. podcast-host

Okay? podcast-host

You see why I think it's very important? podcast-host

Okay, now there are three arguments that have been brought up, and I'd like to hear if you have something to add. podcast-host

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