Originalism and the Courts

Originalism and the Courts

 

What is the proper role of a judge? Where did the power of judicial review come from? What things are judicially enforceable? This unit in the No. 86 curriculum project explores the intersection between judges and their duty to interpret the Constitution. Are judges able to use Originalism in their research and rulings or does it require academic expertise?  

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2 of 7: Does the Implied Power of Judicial Review lead to “Living Constitutionalism”? [No. 86]

Where did the power of judicial review come from? Professor Steven Calabresi explains that, unlike other constitutions, the US Constitution only contains an implied power of judicial review. The text of the Constitution prohibits the use of this pow ... Where did the power of judicial review come from?

Professor Steven Calabresi explains that, unlike other constitutions, the US Constitution only contains an implied power of judicial review. The text of the Constitution prohibits the use of this power to change the Constitution itself. Change must come through the difficult amendment process. The power of judicial review is only the authority to enforce the Constitution as written.

Professor Steven G. Calabresi is the Clayton J. & Henry R. Barber Professor of Law at Northwestern Pritzker School of Law. He is Chairman of the Federalist Society's Board of Directors.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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