Justice Scalia often said that, while he always tried to get the Bill of Rights cases correct, he cared most about the structural constitutional cases. Once or twice each summer, he even taught a course called Separation of Powers. His opinions on the structural issues of separation of powers and federalism often cited The Federalist Papers. He routinely urged law students and lawyers to read the whole of The Federalist. The authors of the Federalist Papers placed primordial importance on separated powers, both among branches of the federal government and between federal and state governments. With the separation of powers both horizontal and vertical increasingly in doubt, it is particularly important to understand the Federalist's treatment of constitutional structure. This panel, therefore, looks at Justice Scalia's Federalist focus on the importance of separation of powers and federalism as structural protections of liberty.
This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Federalism & Separation of Powers: Justice Scalia on Federalism and Separation of Powers
3:30 p.m. – 5:00 p.m.
- Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center
- Hon. Ron DeSantis, U.S. House of Representatives, Florida 6th District
- Mr. Roger Pilon, Vice President, Legal Affairs, Cato Institute
- Hon. Luther Strange III, Attorney General, Alabama
- Prof. Jonathan Turley, J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School
- Moderator: Hon. William H. Pryor Jr., U.S. Court of Appeals, Eleventh Circuit
The Mayflower Hotel