Justice Souter on Deciding Constitutionality

Justice Souter giving the commencement address at Harvard in 2010. He explains why deciding constitutionality is not as simple as a fair reading of the document using two examples. This is part two where he begins outlining the government's case for prior restraint during the "Pentagon Papers" case of 1971. Given the debate about Jefferson and the free-expression, I thought it was the right place to jump in. It's long, and lawyery but I almost guarantee you will learn something about what constitutionality means.

Part 1: http://www.youtube.com/watch?v=E3el7qoRQus
Part 3: http://www.youtube.com/watch?v=BrmRxVFREsE&feature=related

I felt it was time for my first sift.

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