The separation of powers, federalism, and the rule of law are critical elements of American constitutional democracy. Judge Bernice Donald, formerly of the U.S. District Court for the Western District of Tennessee and U.S. Court of Appeals for the Sixth Circuit; Judge Robert Kugler, formerly of the U.S. District Court for the District of New Jersey and U.S. Foreign Intelligence Surveillance Court; and Judge Thomas Griffith, formerly of the U.S. Court of Appeals for the D.C. Circuit, explore the current state of these fundamental constitutional principles. Julie Silverbrook, the chief content and learning officer at the National Constitution Center, moderates.
This program was presented in partnership with Keep Our Republic's Article III Coalition, a bipartisan group of retired federal district and circuit court judges dedicated to safeguarding the separation of powers and preserving an independent judiciary. The Coalition's civic education work informs citizens why an independent judiciary matters, how courts safeguard rights and maintain constitutional checks and balances, and the critical role that impartial justice plays in keeping our republic.
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Participants
Bernice B. Donald was nominated to the United States Court of Appeals for the Sixth Circuit by President Barack Obama in December 2010 and confirmed by the Senate in September 2011 by a vote of 96-2. She became the first African American woman to serve on the Sixth Circuit Court of Appeals. Judge Donald retired from the court in January 2023 and currently serves as a mediator for JAMS.
Thomas B. Griffith was appointed to the U. S. Court of Appeals for the D. C. Circuit by President George W. Bush in 2005. He stepped down from the court in 2020 and is now Special Counsel at Hunton Andrews Kurth, a Lecturer on Law at Harvard Law School, and a Fellow at the Wheatley Institute at Brigham Young University. In 2021, President Biden appointed Judge Griffith to the President’s Commission on the Supreme Court. He is also a member of the Advisory Group of Experts that helps vet applicants to the Constitutional Court of Ukraine.
Robert B. Kugler served 32 years on the bench as a United States District Court judge and magistrate judge for the District of New Jersey. In 2017, Chief Justice John Roberts appointed him to a seven-year term on the United States Foreign Intelligence Surveillance Court (FISC). Judge Kugler took his place on the FISC in 2017, assumed the role of senior district court judge in the District of New Jersey in 2018, and completed his terms on both courts in 2024. He currently serves as a mediator and arbitrator for JAMS.
Julie Silverbrook is chief content and learning officer at the National Constitution Center, where she leads the strategy, development, and delivery of the Center’s content, public programs, and educational initiatives, advancing its mission of nonpartisan constitutional education and civil dialogue.
Additional Resources
- Constitution 101: Separation of Powers and Federalism, National Constitution Center
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