The Claremont Institute

The Court: Power, Policy, and Self-Government

April 4, 2016

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.)