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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5 of 7: Should Courts Defer to Political Branches? [No. 86]

Professor Michael McConnell reminds us that it is the job of all branches of government to act in accord with the Constitution. The important question for a court is not whether to defer or not to defer to the Legislative or Executive branches, but ... Professor Michael McConnell reminds us that it is the job of all branches of government to act in accord with the Constitution. The important question for a court is not whether to defer or not to defer to the Legislative or Executive branches, but simply to evaluate their actions in light of the Constitution. It is a legitimate function of the court to consider text, meaning, and precedent when issuing a decision but that does not automatically mean deference to another branch.

Michael William McConnell is a constitutional law scholar who served as a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, McConnell has served as Director of the Stanford Constitutional Law Center at Stanford Law School.

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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