Wallace observed that the topic of the Supreme Court had yet to be discussed at a debate in any depth, and he wanted to "drill down." Going to Clinton first, Wallace said:
[W]here do you want to see the court take the country?The idea that the Court is in the lead taking us somewhere is all wrong, but no one is going to point that out.
And secondly, what’s your view on how the constitution should be interpreted? Do the founders' words mean what they say or is it a living document to be applied flexibly, according to changing circumstances?That's a simple way to prompt the candidates to talk about interpretive methodology, and it's an invitation to bungle, because candidates don't really want to get stuck at either end of those seemingly opposite positions. (I say "seemingly," because you can say that the founder's words meant that this is a living document to be applied flexibly, according to changing circumstances.)
Clinton goes first:
You know, I think when we talk about the Supreme Court, it really raises the central issue in this election. Namely, what kind of country are we going to be? What kind of opportunities will we provide for our citizens? What kind of rights will Americans have? And I feel strongly that the Supreme Court needs to stand on the side of the American people. Not on the side of the powerful corporations and the wealthy.I was already loudly arguing with her. The side? The Supreme Court isn't supposed to take sides. She's blatantly saying she wants a Court that doesn't act like a court but gets on one side. Her Court is a Court that ought to have to recuse itself constantly.
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