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 Kim Monson Show 9.18.20
John Eastman puts the truth into perspective regarding the US Constitution. He joins around the 31:00 mark.
Dr. John C. Eastman is Founding Director of the Claremont Institute’s Center for Constitutional Jurisprudence; Senior Fellow of the Claremont Institute; and serves 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.
The American Mind is a publication of the Claremont Institute, a non-profit 501(c)(3) organization, dedicated to restoring the principles of the American Founding to their rightful, preeminent authority in our national life. Interested in supporting our work? Gifts to the Claremont Institute are tax-deductible.
Suggested reading
Talking with Professor John Eastman
John C. Eastman explains the constitutional limits of a governor's power to shut down an entire state economy.
Ryan Williams defends America against charges of systemic racism, claiming that such accusations result from our corrupt education system.
