The Living Constitution - Featuring: David Strauss

10/06/20 • 42 min

When the Constitution says "cruel and unusual punishment" does it mean by the standards of the 18th century, or our own? How much latitude should jurists take when interpreting the law? Professor David Strauss of the University of Chicago has argued nineteen cases before the United States Supreme Court, formerly served as Special Counsel to the Committee on the Judiciary of the United States Senate, and sits on the Board of Directors of the American Constitution Society. He joins Heaton to discuss Living Constitutionalism: the school of jurisprudence favored by progressive judges.

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Judge Andrew Napolitano on Natural Law

Judge Andrew Napolitano is a former Judge of the New Jersey Superior Court, a law professor, and prolific author. He's the Senior Judicial Analyst at Fox News. He joins the show to discuss Natural Law, and the idea that the role of the courts is predominantly to protect individual rights from government incursion.

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Originalism - Featuring: Christopher R. Green

Originalism is the favored jurisprudence of conservative scions like Antonin Scalia and Clarence Thomas. It's predicated on the notion that laws have fixed meanings, determined at the moment of their ratification according to the language of their day. Professor Green is the H.L.A. Hart Scholar of Law & Philosophy at the University of Mississippi. A graduate of Princeton, Yale, and Notre Dame, he has clerked for the U.S. Court of Appeals on the Fifth Circuit, practiced as a private litigator, is the author of multiple books, and is a sought-after speaker about Originalism, executive power, and the 14th Amendment.