Originalism, Executive Power, and the Roberts Court
Mike talks with Thomas Berry, director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review, about how to understand the Supreme Court beyond simple liberal/conservative scorekeeping. They discuss originalism, precedent, executive power, independent agencies, and the emergency docket. Berry defends a text-and-history approach to judging, criticizes presidents of both parties for stretching old statutes to justify new policies, and argues that Congress’s weakness has pushed too much power into the executive branch.
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