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.)
The States’ View of Federal Government Overreach – Constitution Day 2016
Adam Laxalt delivers the keynote address are the Claremont Institute's 2016 Constitution Day Celebration.
Adam Laxalt is the Nevada Attorney General.
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.
Dr. John C. Eastman is joined by Andrew McCarthy and J. Christian Adams discuss the Jennings v. Rodriquez case as well as Sessions v. Dimaya. There will also be an update on the Trump v. International Refugee Assistance Project case. Later in the podcast there will be a discussion on the Gill v. Whitford partisan gerrymandering case.
When the first Civil Service Reform Act passed in 1883, “good government” reformers envisioned nonpartisan civil servants fairly administering the federal bureaucracy.The executive branch increasingly treats agencies like the IRS and the DOJ not as impartial regulators, but as partisan weapons for intimidating political opponents. Co-hosted with the Federalist Society.
Dr. John C. Eastman is joined by Joseph Tartakovsky to discuss the Trinity Lutheran Church v. Comer case. Later Eastman is joined by Professor Anthony T. Caso to discuss Justice Neil Gorsuch's confirmation.
