On this episode of Nutrory, I would not look to the US Constitution if I were drafting a Constitution.

I might look at the Constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary.

It really is, I think, a great piece of work that was done.

Any one of us who knew or loved her, who respected her, and that includes almost anybody who had an appreciation for greatness, more her loss, but would want us to move forward.

If Mitch McConnell is not going to honor RBG's final wish, we will.

Our nation has more than the loss of a true American legend.

Justice Ruth Bader Ginsburg was a legal giant and a pioneer for women. Today it is my honor to nominate one of our nation's most brilliant and gifted legal minds to the Supreme Court.

She is a woman of unparalleled achievement, towering intellect, sterling credentials, and unyielding loyalty to the Constitution, Judge Amy Coney-Parrot.

Hi, this is Newt. Do the virus. I'm recording from home. So you may notice a difference in audio quality.

I'm going to be talking about the nature of the Supreme Court and the scale of the decision we are going to make as Americans this November.

And I will do this as the first of a series called Trump's America, where we're going to look at key issues that illustrate how starkly divided Americans are as they go to vote this fall.

The Supreme Court is a particularly interesting one because it has evolved in a way I personally would not have expected.

The fact is that with the passing away of Justice Ruth Bader Ginsburg, the world changed and as seen by both liberals and conservatives.

The court has been consistently liberal starting in the late 1930s with the weight of President Frank and Donald Roosevelt.

And for the last almost 90 years, the court has evolved towards judges who reinterpret the Constitution to fit whatever their social beliefs are that year.

And conservatives have complained about it and complained about it and liberals have defended it. And gradually, slowly, the court has begun to move back towards the right.

The decision not to fill Scalia's seat when Justice Scalia died while Obama was president was a very key decision.

President Obama nominated somebody and he was stopped by the Senate Majority Leader Mitch McConnell on the very simple grounds that historically while presidents can always nominate and should.

But that in fact, the Senate, if it's not in the same party, has every right to refuse to take it up.

This actually goes back to about 1800 and there have been I think 29 cases where presidents have in an election year filled the vacancy of the Justice.

What happened there was that the liberal who had been nominated by Obama, Mary Garvin, who was blocked because the Republicans controlled the Senate.

And in situations historically, the president for America is if the president is from one party and the Senate is controlled by the other party, the very seldom accept a nominee from the president in an election year.

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