• How do US Supreme Court justices get appointed? – Peter Paccone
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    How do US Supreme Court justices get appointed? – Peter Paccone

    There’s a job out there with a great deal of power, pay, prestige, and near-perfect job security. And there’s only one way to be hired: get appointed to the US Supreme Court. If you want to become a justice on the Supreme Court, the highest federal court in the United States, three things have to happen. You have to be nominated by the president of the United States, your nomination needs to be approved by the Senate, and finally, the president must formally appoint you to the court. Because the Constitution doesn’t specify any qualifications, in other words, that there’s no age, education, profession, or even native-born citizenship requirement, a…

  • The Case for Historical Originalism – Jack Rakove
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    The Case for Historical Originalism – Jack Rakove

    – Welcome to the Marian Miner Cook Athenaeum. My name is Sarah Sanbar and I’m one of the Ath Fellows here. There are many scholars, lawyers, and academics who’d agree that part of the beauty of the U.S. Constitution is that it’s a living document and it can be interpreted in light of the current moral, political, and cultural climates. Supreme Court Justice Antonin Scalia, ever the dissenter, would disagree. He once remarked “the Constitution that I interpret “and apply is not living, but dead, “or as I prefer to call it, enduring. “It means today not what current society, “much less the court, thinks it ought to mean, “but…

  • Freedom of the press: The First Amendment protections (1975) – with Antonin Scalia | ARCHIVES
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    Freedom of the press: The First Amendment protections (1975) – with Antonin Scalia | ARCHIVES

    Announcer: From the nation’s capital, the American Enterprise Institute For Public Policy Research presents “Public Policy Forums”, a series of programs featuring the nation’s top authorities, presenting their differing views on the vital issues which confront us. The topic, “Freedom of the Press: The First Amendment Protections.” Should reporters be forced by the courts to reveal confidential sources of information? To what extent should the First Amendment protect the press from libel suits by private citizens? Now, here is Peter Hackes. Peter Hackes: In this bicentennial era as we reexamine some of the great principles on which this country is based, freedom of the press stands out as a cornerstone…

  • Edward Whelan: Scalia and Gorsuch on Chevron Deference
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    Edward Whelan: Scalia and Gorsuch on Chevron Deference

    The argument that Justice Scalia embraced in a noteworthy 1989 Law Review article, is that it was important and valuable to have a default rule so the courts weren’t always trying to figure out, right at the beginning, what do we do with this statute? Is this a statute that calls for us to defer it to the agencies or not? He emphasized that Chevron was not, by any means, constitutionally mandated. He believed that there was value in having a clear rule up front for Congress to choose to depart from if it wanted to, to, for the courts to have a clear rule to apply in reviewing agency…

  • The conservative movement transforming America’s courts
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    The conservative movement transforming America’s courts

    -You put the wrong justices on the Supreme Court and this country will never, ever, be the same. We have to pick one that’s gonna be there for forty years. From one of the 20 judges on my list, who will uphold and defend the Constitution of the United States. -Leonard Leo is the executive vice president of the Federalist Society. He advises President Trump on judicial nominations. -The Federalist Society is about results. They see judges, along with the Republican Party, as pathways to power. -You don’t mess around with judges. You get them confirmed. You get them confirmed quickly. -If you’ve got a group that’s been in-sourced into…

  • Justice Scalia Writes Guide for Interpreting the Law
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    Justice Scalia Writes Guide for Interpreting the Law

    bjbj”9″9 JEFFREY BROWN: And now to a rare and very inside look at the philosophy and practice of a hugely influential and sometimes provocative Supreme Court justice. Margaret Warner talks with Antonin Scalia. MARGARET WARNER: Well, for 26 years on the Supreme Court, Justice Antonin Scalia has long grounded his opinions in the words of the Constitution and the law. Now he and lexicographer Bryan Garner have issued a 567-page book laying out for other judges how and why they should do the same. It outlines nearly 60 must-do canons of interpretation and dismisses another 13 notions as wrong-headed. The new book is “Reading Law: The Interpretation of Legal Texts.…

  • Scalia: Portrait of a Man & Jurist [Excerpt]
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    Scalia: Portrait of a Man & Jurist [Excerpt]

    My hand is on a, if you get real close you can see the title, it’s The Federalist and above that is uh, uh Webster’s Second International Dictionary. I don’t like the Third. And behind that is the wedding portrait of Maureen. And down at the bottom is uh, is uh, uh a well-known, uh, portrait of Thomas More. He is one of my, one of my heroes. It’s a tradition, uh, at the Court, to have the law clerks of the justice commission a portrait which will be hung at the Court when the justice dies or retires. He was a principled man. He was a man of faith,…

  • The Great Dissent: Justice Scalia’s Opinion in Morrison v. Olson
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    The Great Dissent: Justice Scalia’s Opinion in Morrison v. Olson

    I am one of the eight who filed a dissent in this case and I, I suppose when one dissents from as many of the court’s decisions in one day as I have today you get to ah, discuss it. I discuss it because I think it’s uh, one of the most important opinions the court has issued in many years. To many people, it may seem that this case is of some political interest, but it’s not likely now or in the future to have any proximate effect upon their lives or the lives of their children. It does not after all involve freedom of speech, freedom of the…

  • The Scalia Lecture | Judge Frank Easterbrook: ‘Interpreting the Unwritten Constitution’
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    The Scalia Lecture | Judge Frank Easterbrook: ‘Interpreting the Unwritten Constitution’

    DEAN MINOW: Good afternoon. As Dean of the Harvard Law School, I have just distinct joy to welcome you all here to this inaugural Justice Antonin Scalia lecture. Established in 2013, this is a brand new lecture series. This is the first of the brand new lecture series. And you are here. This lecture series was established to promote and advance understanding of the founding principles and the core doctrines of the United States Constitution. Devoted to public service and to thinking, the brilliant Justice Scalia– brilliant lawyer, brilliant professor, brilliant judge, brilliant justice– so powerfully exemplifies the purposes behind this lecture series. With his eloquence, cogency, wisdom, humor, he…

  • A constitutional convention: How well would it work? (1979) | ARCHIVES
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    A constitutional convention: How well would it work? (1979) | ARCHIVES

    Announcer: From the nation’s capital, the American Enterprise Institute for Public Policy Research presents Public Policy Forums, a series of programs featuring the nation’s top authorities presenting their differing views on the vital issues which confront us. Today’s topic, “A Constitutional Convention: How Well Would it Work?” Peter Hackes: The politicians and the pollsters these days all seem to agree vast numbers of Americans want the federal government to stop its deficit spending and balance the budget. Some want it done through congressional legislations. Others are insisting that it take the form of a constitutional amendment ordering Congress to balance the budget. Some Balance the Budget Amendment advocates say the…