at :20 is where we are listening...and it is unclear due to some paper shuffling - I can’t make out his exact words, either... he did declare many things that the board is NOT required or entitled to do...but what he says as to the Constitution is not clear...
http://www.youtube.com/watch?v=KM7LIfq1RuM&feature=youtu.be
It sounds to me like he saying “we are not a Supreme court on the Constitution”