A Distinct Judicial Power analyzes the origins of judicial independence in the United States. The book sets forth both the political theory behind and the historical progression of independent judicial power in the United States during the colonial period. It concludes with an examination of how this mixture of theory and experience coalesced to produce Article III of the U.S. Constitution and a power of judicial review committed to the protection of individual rights.
Professor Scott Gerber, a professor at Ohio Northern University College of Law, is joined by critical commenter Jim Pfander, a professor at Northwestern University School of Law, to discuss the book.
ABA President Bill Robinson praised the United States Supreme Court’s decision in Arizona v. United States, which held that three provisions of S.B. 1070, Arizona’s immigration law, were preempted by federal law. The ABA filed an amicus brief in the case, arguing that the law should be overturned. The Association maintained that “immigration law and policy are and must remain uniquely federal, with states having no role in immigration enforcement except pursuant to federal authorization and oversight.” The ABA’s Commission on Immigration influenced the ABA’s brief in the case. The Commission has provided pro bono assistance to detainees on the Mexican border... [Read more!]