The Opinions This Supreme Court Philosophy Could Constrain Trump
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Feb 10, 2025 Jeffrey S. Sutton, Chief Judge of the Sixth Circuit Court of Appeals, dives deep into judicial philosophy and its implications for American democracy. He explores the complexities of interpreting the Constitution, particularly the clash between originalism and living constitutionalism. Sutton also discusses the significance of doctrines like non-delegation and major questions, shedding light on their impact on federal authority. With insights on the judiciary's role in enforcing laws and maintaining power balances, his perspectives are both enlightening and thought-provoking.
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Originalism and Its Challenges
- Originalism emphasizes respecting the Constitution's text and historical context, just like a fixed contract.
- However, applying 18th-century language to modern issues presents challenges, especially with broad terms like "unreasonable."
Living Constitutionalism vs. Originalism
- Living constitutionalism posits that some constitutional terms have evolving meanings, adaptable to new norms.
- This contrasts with originalism, which seeks fixed meanings, raising concerns about potential erosion of liberties.
Separation of Powers and Originalism
- Separation of powers, implied in the Constitution's structure, is crucial for preventing any one branch from gaining excessive power.
- Originalists face challenges interpreting this implied structure, relying on historical documents and balancing branch authority.