The role of judges in a system of separation of powers and checks and balances is to interpret the law. The only guide that judges in both the federal and state courts have for how they interpret the law is the oath they take. Federal judges swear to uphold the United States Constitution and the laws of the United States. Article VII, Section 11 of the Missouri Constitution provides that “Before taking office, all civil and military officers in this state shall take and subscribe an oath or affirmation to support the Constitution of the United States and of this state, and to demean themselves faithfully in office.” Given the general nature of these oaths, it is not surprising that there are varying, and, sometimes seemingly conflicting, ways that judges view how they should interpret the law.
Critics and Supreme Court watchers have coined several terms in an attempt to describe a particular philosophy that a judge may follow in interpreting the law while trying to decide a case. Some of these terms are judicial restraint, judicial activism, original intent, living document, and literalism. For academics, Supreme Court watchers and constitituitonal scholars, the debate about the philosophical leanings of the judges is one sure to be around for a long time. Furthermore, with every presidential election, one of the issues has become what kind of judge that president will nominate and what kind refers to a nominee’s perceived philosophy.
Without a doubt, the decisions that federal and state judges make are extremely important. How they make them and why they make them the way they do is a vitally important topic for students to explore. In honor of Constitution Day 2010, HEC-TV Live! and the Missouri Bar invite you to join our panel of federal and state judges for a fascinating conversation about how judges make their decisions and the debate about the various philosophies that arguably affect judicial interpretation. Panelists for the program will include Judge Stephen Limbaugh, Jr. of the U.S. Federal District Court of Appeals for the Eastern District of Missouri, Judge Mary Rhodes Russell of the Missouri Supreme Court, and Dr. David Robertson, Political Science Department at the University of Missouri-St. Louis.
9/17/10 2:00 - 3:00 p.m. Registration deadline is 9/10/10
Helen Headrick
utilization@hectv.org
3655 Olive St
St Louis, MO 63108
United States
Phone: (314) 531-4455
