federalist 69, which says the presidency is not a monarchy. very important when hamilton explains all the ways in which the presidency is not a monarchy on our constitutional system. i think that s very important. federalist 10, which talks about factions in america and explains that having the separation of powers and the federalism system dividing power in so many different ways would help prevent a faction from gaining control of the entire all the power for the people of the united states. that makes it frustrating at times because it s hard to pass new legislation, but that also that division of power helps protect individual liberty. i think that comes a bit from federalist 10. federalist 37 and 39 talk about, on the one hand how we re just talking laws that are the constitution over time can be the term liquidated by historical practice. what does that mean? that means that as the branches
constitutionalism or constitutionalist, those are all referring to the same things, which are the words of the constitution matter. of course, as i said repeatedly, you look at the history, the tradition. federalist 39 37 tells us to look at the liquidation of the meeting by historical practice over time and precedent wirks is woven into article iii. as i said in federalist 78. start with the words, as justice kagan said, we re all originalists now. pay attention to the words of the constitution. if i can stipulate for our purposes today as we re having this conversation that originalism refers to basically texturalism applied in the constitutional sphere with an eye toward identifying the original public meaning of the constitutional text edition, your an originalist? that s correct. and as justice kagan said, i
list versus fec, you wrote the requirements trigger rights that receive, quote, less first amendment protection, close quote. other types of speech prohibitions. and i think that followed from supreme court law and is consistent, i believe, with subsequent supreme court law. of course, the subsequent supreme court law controls. do you have a favorite among the federalist papers? i m not asking you to choose here between eliza and yeah, no, that s right. i like a lot of federalist papers. federalist 78, of course, the independent judiciary, the role of the judiciary. federali
that is inconsistent with the constitution, the supreme law controls. mainly the constitution controls over a contrary statute. that s, of course, also discussed in federalist 78 as well of what s the supreme law of the land and the constitution is the supreme law. again, precedent, historical practice. subsequent to the passing of the text. we see that in establishment clause cases. the court will look, what s the historical practice and precedent is rooted in arl iii. those things all go into it. the words original public meaning are an important part of constitutional interpretation, has been, i think, throughout. let s suppose congress, making us slightlily less popular than castro raul and
judicial power, you look at federalist 78. and what s described there is a system of precedent. precedent is rooted right into the constitution itself. and constitutionally dictated to pay attention and pay heed to the rules of precedent. beyond that, being a good judge means paying attention to the words that are written. the words of the constitution, the words of the statutes that are passed by congress. not doing what i want to do. not deferring when the executive rewrites the laws passed by congress. but respect for the laws passed by congress, respect for the rule law, the words put into the constitution itself. that s part of being a good judge. that s part of being independent. that s part of precedent. and then i would say being a good judge there are human qualities in terms of the interaction. although these confirmation processes focus on one person,