09/15/2023
Join us on September 26 at 1 for an incredible discussion on the independence and accountability of the Federal Judiciary!
"The Least Accountable Branch? - A Friendly Critique of the Administration of the Federal Judiciary"
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In Federalist 78, Alexander Hamilton observed that "the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them." To protect the judiciary from interference by other branches of government, the drafters of the Constitution provided federal judges with tenure "during good behavior" and compensation that could not be reduced while in judicial office. Two hundred and thirty-five years later, most would agree that the federal judiciary is largely independent from its neighboring branches, with its own budget, governance structure, educational institutions, and administrative agencies. But can there be such a thing as too much judicial independence? In its deference to the decisional independence of the judiciary, has Congress delegated too much authority and exercised too little oversight of the judicial function? Why is the judiciary free from many of the modern innovations in good government as may be found in the executive and legislature? In this presentation, the Honorable William Barto will share his perspective on these questions and others, drawing on his experience as an executive in the federal judiciary, a judge in three executive departments, and a law professor. There will be time for questions and answers.