fbpx
Audio 04.04.2016 2:02:06

The Court: Power, Policy, and Self-Government

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 is Founding Director of the Claremont Institute’s Center for Constitutional Jurisprudence, and currently serves as the Henry Salvatori Professor of Law & Community Service at Chapman University’s Dale E. Fowler School of Law. He is also a Senior Fellow of the Claremont Institute.

The American Mind presents a range of perspectives. Views are writers’ own and do not necessarily represent those of The Claremont Institute.

Suggested reading
Carved in stone

Text, Typos, and the Right to Bear Arms

For our March town hall, Dr. John C. Eastman is joined by the Cato Institute's Ilya Shapiro and the Texas Public Policy Foundation's John Davidson to discuss the policy considerations and constitutional questions raised by King v. Burwell. Dr. Eastman is then joined by C.D. Michel to discuss Henderson v. United States. The case presents an interesting twist on Second Amendment rights.

to the newsletter