The fourth and final essay in the Philadelphia Inquirer’s Constitution Day series addresses Article III judges and the intent of the Framers of the Constitution to create an independent judiciary. Former Circuit Judge Michael W. McConnell outlines the brilliance of the design of our Article III courts but also highlights the threats to a dispassionate judiciary from political wrangling, the administrative state and judges who encroach upon duties that should be reserved for the legislative and executive branch. Anyone with even a passing familiarity of the ongoing confirmation hearings for President Trump’s nominations to the Circuit and District Courts will appreciate the timeliness of this thought provoking piece.
As we celebrate the 230th anniversary of our Constitution, be sure to read each of the pieces written by Federalist Society experts and published in the newspaper of the birthplace of our nation, the Philadelphia Inquirer. Ask yourself: would the Framers approve of our stewardship of the Constitution? If the answer is no, what can we do to change course?