I think the problem is, if we foreclose any public justice, then we cut off the virtuous cycle that's represented by law, where there are public decisions which then deter misconduct in the future. We need to have both. We need to have private dispute sy-, systems, and we need to have public dispute systems.

I understand the politics of the situation, I think that many Republican members of the senate believe that,get out the vote move. They can indicate that they're strong for their base. But the Constitution's pretty clear. The president Donald Trump has to nominate someone. The senate can choose to disapprove. There's nothing in their Constitution that says the grounds upon which they must vote. But to refuse even to meet with the individual, or to have the process go forward, that's just pure politics.

Obama is not just a powerful speaker, but a thinker engaged with the ideas of his country and his age--this argument by historian James Kloppenberg should therefore fascinate anyone interested in American politics or how ideas shape public life. Tracing the influences of Obama's family, educational, and work experiences on his ideas, Reading Obama locates a unique individual in the crosscurrents of American democracy and continuing fights over American ideals.

Of course, in the states, about half the states elect their judges, and that's an even more direct involvement with politics. But I think it's not the same as the elections of many other candidates. People who run for the judiciary, I think are pretty careful to indicate that they will adhere to the rule of law.

I have to be honest and say members of both political parties have contributed to de-legitimization of the process. Even President Barack Obama when he was a senator, contributed to it, in the sense of voting against a well-qualified individual because he disagreed with the view. Again, that's the prerogative of the senators. They're allowed to express their views on any basis.

You think about the Pledge of Allegiance, "liberty and justice for all." This is at the core of the American creed. The creation of the Legal Services Corporation was a recognition that low-income people have trouble being able to afford a lawyer.

In the era of modern technology, people could just vote on their phones for who they want to be judges. We could amend all of the ways in which we select our leaders, with the advent of modern technology. We haven't done so. It's actually served us fairly well. Ours is the longest enduring constitutional, written constitution in the world. At the moment, I think it's strained. It's showing the strains of politics and a frustration.