Introduction to Originalism and Federalism: Where Are the Courts Heading? [2018 Ohio Conference]
Since the 1980s, the originalist approach to constitutional interpretation has gained greater and greater acceptance in legal circles, and the number of originalists within the Supreme Court and the federal judiciary has grown. At the same time, originalism still has fierce critics who argue that it is an inappropriate method for constitutional interpretation. Likewise, in the last decades of the 20th century the U.S. Supreme Court breathed new life into a federalist view of the Constitution and the relationship between the federal government and the states. As with originalism, the federalist movement has its own strong critics.
The panelists discussed these two legal concepts. What are originalism and federalism, really? Are they valid or flawed? What developments may we see from the federal courts with regard to these concepts in the future—particularly in light of Neil Gorsuch’s joining the U.S. Supreme Court in 2017? And how do these concepts apply to the work of ordinary legal practitioners?
Participants:
- Jonathan Adler, Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
- Eric Murphy, State Solicitor, Ohio
- Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Ohio State University Moritz College of Law
- Hon. Gregory G. Katsas, United States Court of Appeals, District of Columbia Circuit (Moderator)
The Westin Columbus
Columbus, OH
April 6, 2018
As always, the Federalist Society takes no particular political or public policy positions. All opinions expressed are those of the speaker.
Justice Ginsburg Just Made Sudden Announcement About Her Supreme Court Career
Justice Ginsburg Just Made Sudden Announcement About Her Supreme Court Career
The 85-year-old Ruth Bader Ginsburg made a brief announcement about the end of her career with the Supreme Court and not everyone was thrilled with what she had to say. Ginsburg suggested that she had at least another five years of service and wants to stay on the Supreme Court until she’s 90-years-old. Many want her to retire now, but that would mean Donald Trump would appoint someone to take her place, something Democrats would not like to see.
Ginsburg had a chance to retire while former President Barack Obama was in the White House, but she did not. That could have been her chance to allow Democrats to replace her with someone they prefer. Now she has to survive until President Trump is out of office in order for Democrats to have their say with a replacement.
Many are also possibly worried that she might not last that long, leaving President Trump with another option of his choice for replacing her. At this point, it might be best for her to retire and enjoy her life without having to work, but it appears as though she’s set on serving her duty until she’s at least 90.
“I’m now 85,” Ginsburg said on Sunday. “My senior colleague, Justice John Paul Stevens, he stepped down when he was 90, so think I have about at least five more years.”
Trending: Trump Is Going ‘To Work On’ Erasing Michelle Obama’s Legacy With Great New Plan
She has already hired law clerks for at least two more terms.
Ginsburg spoke in New York following a production of “The Originalist,” a play about the late Justice Antonin Scalia, at the 59E59 Theater.
“If I had my choice of dissenters when I was writing for the court, it would be Justice Scalia,” Ginsburg said, saying that the back and forth would help her form her arguments. “Sometimes it was like a ping-pong game.”
As a result, Ginsburg said, her landmark decision opening up the Virginia Military Institute to female cadets was her 18th draft.
Asked by “The Originalist” Director Molly Smith what keeps her “hopeful,” Ginsburg cited her late husband, Marty.
“My dear spouse would say that the true symbol of the United States is not the bald eagle — it is the pendulum,” Ginsburg said. “And when it goes very far in one direction you can count on its swinging back.”
As for retiring or term limits, Ginsburg said no chance.
“You can’t set term limits, because to do that you’d have to amend the Constitution,” Ginsburg said. “Article 3 says … we hold our offices during good behavior.”
“And most judges are very well behaved,” she added, to laughter.”
Saturday Night Live once did an episode that included a skit on Ginsburg not
Ginsburg was once seen sleeping during Obama’s State of the Union address back in 2015. She stated that she was not fully sober at the time.
Justice Ginsburg Just Made Sudden Announcement About Her Supreme Court Career
Justice Ginsburg Just Made Sudden Announcement About Her Supreme Court Career.
The 85-year-old Ruth Bader Ginsburg made a brief announcement about the end of her career with the Supreme Court and not everyone was thrilled with what she had to say. Ginsburg suggested that she had at least another five years of service and wants to stay on the Supreme Court until she’s 90-years-old.
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Judicial Confirmations and Interpreting the Constitution: Borking, Activism, and Originalism
The Constitution and the Courts: Challenges, Opportunities, and the Future of Freedom
Seventh Annual Conference
Friday, November 3, 2017
Judicial Confirmations and Interpreting the Constitution: Borking, Activism, and Originalism
Professor Randy E. Barnett
Professor Jonathan Turley
Mr. Edward Whelan
Moderated by Professor E. Donald Elliott
Kavanaugh, An Originalist? Here's Why It Matters
People are calling Trump's pick for the Supreme Court an originalist. Where does that term come from and what does it mean for our democracy?
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US Supreme Court - Activist vs Originalist - Part II
Antonin Gregory Scalia (March 11, 1936 – February 12/13, 2016)was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. Appointed to the Court by President Ronald Reagan in 1986, Scalia was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing.
Scalia was born in Trenton, New Jersey. He attended public grade school, Xavier High School in Manhattan, and then college at Georgetown University in Washington, D.C.. He obtained his law degree from Harvard Law School and spent six years in a Cleveland law firm, before he became a law school professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually as an Assistant Attorney General. He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, Ronald Reagan appointed him as judge of the United States Court of Appeals for the District of Columbia Circuit. In 1986, Reagan appointed him to the Supreme Court. Scalia was unanimously confirmed by the Senate, becoming the first Italian-American justice.
Scalia served on the Court for nearly thirty years, during which time he espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He was a strong defender of the powers of the executive branch, believing presidential power should be paramount in many areas. He opposed affirmative action and other policies that treated minorities as special groups. He filed separate opinions in many cases and often castigated the Court's majority in his minority opinions using scathing language.
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Please watch: EXPOSING: Roman Curia (Catholic Church) And Global Pedophila Networks
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Rand Paul on Randy Barnett and Constitutional Originalism
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A Short Bio on Rand Paul
Senator Rand Paul, M.D. is one of the nation’s leading advocates for liberty. Elected to the U.S. Senate in 2010, Dr. Paul has proven to be an outspoken champion for constitutional liberties and fiscal responsibility. As a fierce advocate against government overreach, Rand has fought tirelessly to return government to its limited, constitutional scope.
A devoted husband and father, Dr. Paul and his family live in Bowling Green, Kentucky, where Rand owned his own ophthalmology practice and performed eye surgery for 18 years. As a hard-working and dedicated physician--not a career politician--Rand Paul came to Washington to shake things up and to make a difference.
Dr. Paul has been married for 24 years to Kelley Ashby Paul of Russellville, Kentucky, and together, they have three sons: William, 21; Duncan, 18; and Robert, 15. He regularly volunteered to coach teams for each of his three sons in Little League baseball, soccer, and basketball. Rand and Kelley are both devout Christians and are active in their local church.
Rand is the third of five children born to Carol and Ron Paul. He grew up in Lake Jackson, Texas and attended Baylor University. He graduated from Duke Medical School in 1988. Dr. Paul completed a general surgery internship at Georgia Baptist Medical Center in Atlanta and completed his residency in ophthalmology at Duke University Medical Center. Upon completion of his training in 1993, Rand and Kelley moved to Bowling Green to start their family and begin his ophthalmology practice.
In 1995, Rand founded the Southern Kentucky Lions Eye Clinic, an organization that provides eye exams and surgery to needy families and individuals. Rand is a former president and 17-year member of Lions Clubs International, which is dedicated to preserving sight by providing eyeglasses and surgery to the less fortunate around the world. In recognition of his outstanding and sustained efforts to provide vision care to Kentuckians in need, Lions Clubs International has awarded Rand many of its highest commendations.
A large part of Rand's daily work as an ophthalmologist was dedicated to preserving the vision of our seniors. In 2002, The Twilight Wish Foundation recognized Rand for Outstanding Service and Commitment to Seniors.
During his free time, Dr. Paul performs pro-bono eye surgeries for patients across Kentucky. Additionally, he provides free eye surgery to children from around the world through his participation in the Children of the Americas Program. Most recently, he traveled to Guatemala on a medical mission trip with the University of Utah's Moran Eye Center. During the week over 200 patients, many of them blind with cataracts had their vision restored by Dr. Paul.
Dr. Paul's entrance into politics is indicative of his life’s work as a surgeon: a desire to diagnose problems and provide practical solutions, whether it be in Bowling Green, Kentucky or Washington, D.C.
Randal Howard Rand Paul (born January 7, 1963) is an American physician and politician from Kentucky. In office since 2011, Paul currently serves in the United States Senate as a member of the Republican Party. He is also a trained ophthalmologist and is the middle son of former U.S. Representative and physician Ron Paul of Texas.
Born in Pittsburgh, Pennsylvania, Paul attended Baylor University and is a graduate of the Duke University School of Medicine. Paul began practicing ophthalmology in 1993 in Bowling Green, Kentucky and established his own clinic in December 2007.
Paul has been considered a supporter of the Tea Party movement, and a vocal critic of the Federal Reserve System. He has opposed NSA mass surveillance of Americans and supports reduced government spending and taxation. He describes himself as 100% pro-life and has cosponsored legislation for the equal protection of the right to life from conception. Paul officially announced his candidacy for the 2016 U.S. presidential election on April 7, 2015.