The Judicial Power: The Judicial Duty to Follow the Law or a Discretionary Power of Judicial Review?

Hamilton referred to the federal judiciary as the “least dangerous” branch of the new federal government. But the Court has clearly done more than he envisioned. What is its proper role? How much should judges interpret the exact text and how much should they look to the core principles the text seeks to protect? Justice Clint Bolick, Arizona Supreme Court Ed Whelan, President, Ethics & Public Policy Center, former Law Clerk to Justice Scalia, and Co-Editor, Scalia Speaks: Reflections on Law, Faith and Life Well Lived Moderator: Judge Kevin C. Newsom, United States Court of Appeals, Eleventh Circuit 2018 National Student Symposium "First Principles of the Constitution" Georgetown Law March 9-10, 2018 As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.