Judges must navigate between interpreting the Constitution and statutes, working within existing precedents and applying both bodies of law to particular cases. Striking this balance has policy consequences that render the Supreme Court a political branch in the public's mind. As the heated debate of Justice Antonin Scalia's replacement demonstrates, the Court is no longer seen as the "least dangerous branch." How should justices address this tension in their decisions and opinions? Can the Court return to a narrower vision of its judicial duty? If not, what judicial philosophy best fits the reality of the Court's role in a self-governing republic? Claremont's John Eastman joins an expert panel at the American Enterprise Institute to answer these questions and more. (Dr. Eastman's presentation begins at 65:09.)
John Eastman joins The Future of Thought
Talking with Professor John Eastman
This discussion covers a variety of issues including various interpretations of the Constitution, controversies surrounding the 2020 election, and John’s cancellation from the University of Colorado.
Dr. John C. Eastman is Founding Director of the Claremont Institute’s Center for Constitutional Jurisprudence; Senior Fellow of the Claremont Institute; and until January 2021 served as the Henry Salvatori Professor of Law & Community Service at Chapman University’s Dale E. Fowler School of Law.
The American Mind presents a range of perspectives. Views are writers’ own and do not necessarily represent those of The Claremont Institute.