Constitution Daily

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Podcast: Article III and the future of the Supreme Court

October 6, 2016 by NCC Staff


Supreme_Court_steps_twitterThis week, We the People continues its series on “The Candidates and the Constitution,” in which the statements and proposals of Hillary Clinton and Donald Trump are compared to the text and history of the Constitution.

We turn now to Article III, which establishes the structure and powers of the judiciary. It begins: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

The future of the judiciary, and especially the Supreme Court, may well depend on the outcome of the 2016 presidential election. Both major presidential candidates have addressed the Justices they may appoint.

 But the changes may not stop with a replacement for the late Justice Antonin Scalia. Areas of law ranging from campaign finance to privacy to criminal justice and more could be radically reshaped by a Trump or Clinton Court.

Joining We the People to discuss Article III, the Supreme Court, and the future of constitutional law are two leading constitutional scholars.

Daniel Farber is the Sho Sato Professor of Law, and the Co-Director of the Center for Law, Energy & the Environment here at the University of California, Berkeley School of Law.

Barry McDonald is Professor of Law at the Pepperdine University School of Law.

This conversation was recorded at the University of California, Berkeley, School of Law, in partnership with the student chapters of the American Constitution Society and the Federalist Society.

This show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen. Special thanks to Matt Stanford and Joe Spence at the University of California, Berkeley, for arranging this event.

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