"Judicial Independence in the Obama Era" was first aired on Sunday November 23rd 2008. Our Guest was Michael A. Scaperlanda, Assoc. Dean for Scholarship & Research & Professor of Law, University of Oklahoma College of Law.
Our topics included:
- What is judicial independence and its importance.
- Impartial fact finding.
- Impartial interpreter of the law.
- Limits to Judicial Independence.
- When independence in the judiciary becomes an intruder into other areas.
- Examples if any in our history of this. Dred Scott; Lochner; Roe.
- Should there be any political response to judicial activism and, if so, what kind.
- What the framers of the Constitution's vision of the political response to judicial activism is.
- The Federalist and Antifederalists debates.
- Abraham Lincoln’s vision - a contrast to Stephen Douglass.
- American Bar Association's campaign for judicial independence and what it's about.
- Choices we have as a people.
- Ways to achieve the Constitution's framer’s balance in this day and age.