our second panelist is margaret brennan, and anchor and reporter for bloomberg television news in new york. she was a general assignment reporter for nbc and a contributor to nbc's today show and nightly news as well as an best nbc. she is also a graduate of mr. jefferson's university of virginia. alan murray is managing editor and executive editor on line for the wall street journal. he was previously managing editor of a wall street journal and author of the weekly business column. he has served as washington d.c. bureau chief for nbc and the wall street journal. we are very fortunate to have alan on our governing council at the madison of public affairs at the university. a member of distinction for many years. next we have robert sanders, contributing editor of newsweek and the washington post where he has written about business and economic issues since 19707. his articles also appear in the los angeles times, boston globe and other reading newspapers. his latest book is entitled the great inflation and its aftermath, past and future of american capitalists in case you are wonder

this is barclays bank, they bought the brennan seven lehman brothers services lehman brothers trading for 7,457th avenue mine back at the scene, not the scene of the crime but the same trading floor i used to work and i noticed in the corner office i said who it is that man in the corner office? and as he said to me, that is bought diamond, and i said it the ceo of barclays' capital? and he said, yes. how things have changed. things have changed in the sense that you have lessons learned hopefully, you now have the ceo of barclays' capital right there on the trading floor with the best and brightest paying close attention to what is going on. not in the 31st floor completely away from the battlefield. >> unit, and at the beginning that this was the end of capitalism in america but had you mean that? >> not the end of a capitalism has been changed forever because first and foremost you have the fed window, the federal government has now been assisting banks have to the primary credit facility. in other words, you have investment banks that are having access and getting help from the go

brennan," judge lynch admonished the successors of judge brennan that they must engage in constitutional interpretation -- quote -- "in light of their own wisdom and experience and in light of the conditions of the american society today." close quote. in that same article, judge lynch stated that he personally believed it was a simple necessity that the constitution -- quote -- "be given meaning for the present." skwrufrpblg lynch's -- judge lynch's quote included the opinion that justice brennan's -- quote -- "long and untiring labor in the principles of the constitution in the way that he believed made most sense today seems far more honest and honorable than the pretense that the meaning of those principles can be found in 18th or 19th century dictionaries." i had a problem with that speech in 1997 when he came up. such strong statement of adherence to the doctrine that justice brennan was the foremost advocate of of the living constitution that words don't have fixed meanings, that you can make them say what you want them to say to affect the result you think is appropriate today. b

. >> frederic schwartz, professor schwartz's chief counsel at the brennan center for justice at the new york law school. his legal career, he has a high level of private practice with a series of critically important public service assignments. mr. schwarz served as chief counsel of the church commission, has been a time when i came to the sate and when i think what first appeared hee has also served as chief counsel to the senate select committee on intelligence. he chairshe board of either institute of justice. recently received the gold medal award for distinguished service to the new york state bar association. he received an a.b. magna cum laude from harvard university law degree from harvard law school where he was editor of the law review. mr. schwarz, it is always good to see you here. pleaseo ahead, sir. >> that was quite a few years ago when we first met. >> yes, sir. was. >> i actually had hair back and. it was a little bit darker. >> and i had solid black hair back then also. so thankou for convening this hearing. thank you for your proposal for the commission which i suppor

>> the ennis sea and through john brennan. >> there are a couple of reports about a bank loan to the brazilian government for offshore drilling and i am wondering if you can give an administration take why the investment in brazil and exploration there is a good idea and helpful for the u.s. economy. >> i have all seen this story. i would have to look at this. >> and eastern told abc today talking about health care, quote, i feel we are talking losing control of congress if health care fails. it would totally in power republicans to kill all changed its hard to imagine the democrats convincing the public that republicans are to blame for health care reform going down the democrats of such large majorities. is their anything the white house disagrees with in that and is that any way under the allies as the white house what talk and may be such negative terms in the next couple of months? >> i have not seen the comments. i doubt it and don't know if the president has. we don't look at -- we don't look at -- we are not making decisions about health care, the economy, cash for clunkers,

the nonpartisan brennan center for justice reviewed all of judge sotomayor's constitutional law decisions and said, "based on this exhaustive review, the conclusion is unmistakable in constitutional law cases that judge sotomayor is solidly in the mainstream of the second circuit." judge sotomayor's former law clerks wrote a letter endorsing her nomination in which they said, "as former law clerks to judge sotomayor, each of us can attest to her intellectual prowess, extraordinary work ethic and commitment to the rule of law. working for judge sotomayor is an awe-inspiring experience. we each have the privilege of working closely with her as she confronted and resolved incredibly complex and intellectually demanding legal challenges. judge sotomayor approaches each case with an open mind and arrives at her decision only after carefully considering all of the pertinent facts and applicable rules of law. the law clerk said that they agree with mr. of judge many ofe sotomayor's other colleagues who he say they respect her collegiality and balanced and fair jurisprudence. mr. president, i wou

especially rehnquist i think he feels he's shunted to the left wing of the court with his friend bill brennan and that people aren't listening to him and he's not having the opportunity to shape the law at that point, that he's just dealing with what he views as a reactionary white wing constantly undercutting not only affirmative action, undercut with balky and continue to undercut time and again and he thinks all he can do at that point is right this and hope that the dissidents become the basis for future majority opinions when the court changes its composition. >> host: in fact in describing him you use the word exceptional, exceptional family growing up in exceptional place in baltimore. >> guest: what a fascinating history. for me, juneau, steve, what happened i had written on is on the prize, a book about the american civil rights movement, and in the course of doing the research for that book had come across the idea that wait a minute, there is one historic figure in this book still alive, still an active person in american society, thurgood marshall who sits on the supreme court. th

regular meetings here at the white house hosted the by senior white house officials including john brennan and others to continue planning for what the president and his administration talked about earlier this year, that what we saw building up and then that i did communities throughout the country and honestly affected countries throughout the world, hit in many ways at the back end of our own police susan. which in many ways probably likely give us a preview of its depth and severity of what we will face come the fall. we are taking steps working with state and local officials, working with communities, working with school districts to ensure that have the best information about what steps can any to be taken to get ready for what we know is coming. obviously many countries around the world we have seen a preview of the the tax, the taxing major this is going to provide in, the ability with which two this is going to test how the infrastructure. and i know the team is working through decision making in the development of antiviral our production for antiviral in the development for a va

and kathleen, janet, john brennan, arne duncan and our entire team have tried to engage in the most rigorous planning exercise to make sure that anything that may occur in the fall we're prepared for. and so i won't go through the details of this. i'm sure that kathleen and janet and others have laid out what the potential consequences are of a new outbreak of h1n1. we want to make sure that we are not promoting panic but we are promoting vigilance and preparation. and the most important thing for us to do in this process is to make sure that state and local officials prepare now to implement a vaccination program in the fall but also that they are working on an overall public communications campaign with the white house and the possibilities that we may need to be dealing with schools that are seeing significant outbreaks of h1n1. and we've looked at past cases of this being properly handled in situations like this being improperly handled. and one of the most important differences is where it's well-handled state and local officials have complete ownership over this issue. they are providi

i think the last cross party appointment was president eisenhower's william brennan, lewis powell was obligated because he was a southern democrat, still in the early 1970s. but presidents pick members of their own parties certainly for the supreme court. certainly by and large for what the constitution calls inferior federal judiciary. so how do you answer the letter, how do any of you answer the letter writer saying, look, what you believe this want to do is substitute an alternate form of politics for a transparent? >> that is so wrong because under a merit selection system, which i helped design for my home state of arizona, we set up a bipartisan commission of citizens to consider applications of people who want to be a judge. they let anybody apply. now those applications and those records are open to the public. everybody can find out who has applied and they can weigh in. the hearings when the interview these people are open to the public. and they ask that the person who wants to be considered filed forms and answered questions. that is also open to the public. and the commis