Libertarian
Three Supremely Unlikely Changes to the Court | Libertarian: Richard Epstein | Hoover Institution
Jul 31, 2024
Richard Epstein, a prominent legal scholar known for his insights on constitutional law and economics, discusses President Biden's bold proposals to reform the Supreme Court. He dives into the implications of a constitutional amendment on judicial immunity and the complexities of impeachment. Epstein also debates the concept of term limits for justices, weighing its potential effects on judicial independence and historical precedents. The conversation highlights the critical balance between judicial legitimacy and political influence, emphasizing the need for careful, principled discourse.
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Quick takeaways
- Richard Epstein discusses the implications of eliminating presidential immunity through the No One is Above the Law Amendment, debating its constitutional challenges.
- The exploration of imposing 18-year term limits for Supreme Court justices raises concerns about judicial independence and the impact of excessive regulation.
Deep dives
Constitutional Amendment on Presidential Immunity
A proposal called the No One is Above the Law Amendment aims to eliminate presidential immunity for crimes committed while in office. The discussion highlights the constitutional debate between absolute and qualified immunity for public officials. Absolute immunity protects officials from civil or criminal charges unless malice is proven, a concept that has historical precedent but faces challenges in application. The complexities surrounding this issue are amplified when considering the implications of impeachment and how it functions alongside potential criminal prosecutions.
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