New England School of Law
Federalist Society

New England School of Law
Federalist Society

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Boston, MA 02116

The New England School of Law Federalist Society Blog is a weblog written and managed by students at New England School of Law in Boston. The views expressed here reflect the views of the authors alone, and do not necessarily reflect the views or official positions of New England School of Law or its affiliates or the Federalist Society for Law and Public Policy Studies and its affiliates.

Saturday, April 23, 2005

C-SPAN: America & the Courts

C-SPAN offers a variety of interesting programs on the judiciary in it America & the Courts series. Among the numerous programs is an interview of Justices O'Connor, Scalia, and Breyer by Tim Russert. SCOTUS Blog posted reactions to the interview from the press.

Justice Scalia, commenting on the recent attacks on the Court and problems with the nomination process, stated, “You cannot adopt a theory that the constitution is evolving and the Supreme Court will tell you what it means from age to age. You can not do that without causing the Supreme Court to become a very political institution. And when that happens, the people in a Democracy will try to seize control of it.”

It sounds as if the nightmare embodied in the excerpt of The Federalist no. 78 that we all know so well is upon us. What we do about it as members of the legal community will define the future relevance of the judiciary.

"The courts must delcare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGEMENT, the consequence would be the substitution of their pleasure to that of the legislative body."