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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1 of 7: Does the Supreme Court have the expertise to make public policy decisions? [No. 86]

Are members of the Supreme Court or Congressmen better equipped to make policy judgments? Professor Steven Calabresi explains that Supreme Court Justices do not have access to the same types and quantities of information as legislators do. The Cour ... Are members of the Supreme Court or Congressmen better equipped to make policy judgments?

Professor Steven Calabresi explains that Supreme Court Justices do not have access to the same types and quantities of information as legislators do. The Court receives only abbreviated and focused facts that are pertinent to their cases. This is sufficient data to enable the Justices to make good legal decisions, but insufficient for thoughtful public policy decisions.

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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