HYGO News Kennedy: I know it's interesting. That's why I asked you. change your answer? You need to brush up
Kennedy: I know it’s interesting. That’s why I asked you. change your answer? You need to brush up
Kennedy: suppose the Florida Supreme Court ruled that, here in Florida, we’re not going to recognize any exceptions to the warrant requirement.
You have to have a warrant to search someone, and you have to have a warrant to arrest someone. No exceptions.
Kennedy: Can the Florida Supreme Court do that?
Well, the senator, under the Supremacy Clause, they be bound by what the Fourth Amendment dictates. Of course, they’re free to make their own requirements, as it would if not for the Supreme Court did it under the Florida Constitution and not the, and not the federal Constitution? Well,
they would still have to apply with what the federal Constitution says they would under the of you know, what adequate independent state grounds means?
Sure. I of course, I would understand that they’d have they could have independent adequate state grounds for state law, but they know that, as long as you as long as you don’t take away rights. But add to them a state can do whatever it wants to under state constitution, can it? Yes, sir. Yes. That’s not what you just said.
Kennedy: You think the Supremacy Clause applies? if you want to change your answer
Senator, I would like to change my answer to the extent that I agree with you that the, Florida Legislature or Florida could do exactly what you said. I meant in my statement is,
Kennedy: trust me, it can
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Kennedy: I know it’s interesting. That’s why I asked you. But you don’t know the answer. Just tell me. I got a lot of ground to cover.
Kennedy: Tell me, tell me about the privileges, privileges and immunities cast.
The Privileges and Immunities clause. There’s a privileges and immunities and a Privileges or Immunities Clause or there’s one of each, one of them privileges. And is what I’m asking you about. I believe you’re referring to what came through in one of the reconstruction amendments and discussing the fact that, the privileges and immunities of citizenship would be extended,
Kennedy: first, what article was in?
believe it’s in the 13th amendment.
Kennedy: No. Fourth, the article four. What does it do?
Senator, you have pinpointed a question that in my nine years as the judge in my decade of private practice before this, my two years as a law clerk, my two years in law review, in law school, including a years editor in chief, didn’t ever come up.
Kennedy: You tell me you don’t know.
So this is a it’s an interesting question
Kennedy: I know it’s interesting. That’s why I asked you. But you don’t know the answer. Just tell me. I got a lot of ground to cover.
I would be very happy to research it, in and.
Kennedy: Okay. Do you know what the privileges are? Immunities, clauses.
With respect to that? My answer would be the same on that.
Kennedy: You don’t know that. You don’t know anything.
Well, with respect to the privileges and means of citizenship, my recollection is that privileges are immunity. Yes. My recollection is that that that was discussed in one of the reconstruction amendments.
Kennedy: Which one do you know?
I believe it was the 13th to the 14th. Okay.
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Kennedy questioned Edward L. Artau to be United States District Judge for the Southern District of Florida
Kennedy: what’s title six of the Civil Rights Act of 64? ma’am.
Which judge? This judge down here on our town. I can’t see that. Okay. Just making sure because there’s four judges there. I want to reclaim my time.
Kennedy: Judge, What’s title six of the Civil Rights Act that,
… refresh my recollection as to what, what you were referring to.
Kennedy: I’m referring to title six of the Civil Rights Act of 1964, which you’re going to see every other Thursday.
I believe that that’s under the Commerce clause. They wanted to make sure that there was, not any discrimination, going on, with regard to race.
And that was it was addressing. it prohibits, discriminating on the basis of race or color or national origin.
Kennedy: Under what circumstances? Do you know the answer?
An under any circumstances where, you’re providing, services to people.
Kennedy: No, it’s only if you’re getting federal money. You need to brush up on that one.
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Kennedy questioned Jordan Emery Pratt to be United States District Judge for the Middle District of Florida
Kennedy: Can a state legislature pass a law that discriminates against a group of people, over another group of people for an inferior treatment?
Yes, a state can, for example, require a driving age which discriminates on the basis of age to say, for example, when one can when can a state legislature not do that, when it’s seeking to do so under a basis, that is protected under the state or federal constitution?
Good.
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Kennedy: I know it’s interesting. That’s why I asked you. Change your answer? You need to brush up