HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

3 Questions for SCOTUS Nominee Neil Gorsuch

Views:908
@ReasonVids

The Senate Judiciary Committee is holding hearings this week on the nomination of Judge Neil Gorsuch to the U.S. Supreme Court.

Gorsuch is a federal judge with admirers across the political spectrum. But his views on several crucial constitutional issues remain unclear. Here are three questions I'd like to hear Judge Gorsuch address this week before the Senate Judiciary Committee.



Subscribe to our YouTube channel: http://youtube.com/reasontv

Like us on Facebook: https://www.facebook.com/Reason.Magazine/
Follow us on Twitter: https://twitter.com/reason
Subscribe to our podcast at iTunes: https://goo.gl/az3a7a


  1. Congressional Power

The Supreme Court has upheld the power of the federal government to prosecute cannabis users in California under Congress's authority to regulate interstate commerce. Yet the medical marijuana that was the focus of that 2005 ruling was both grown and consumed only in California.

I'd like to hear Judge Gorsuch explain his views on the limits of federal power. Does Congress have the authority to ban a local activity that's legal under state law?

  1. Executive Power

The federal courts are currently hearing arguments about the constitutionality of President Trump's ban on travelers from a handful of majority-Muslim countries. According to the Trump administration, the federal courts have no business second-guessing the president's authority on an issue that affects national security.

I'd like to know if Judge Gorsuch agrees that the president's executive orders are beyond the reach of judicial review. How deferential must the federal courts be to the commander in chief?

  1. Unenumerated Rights

The Constitution lists a number of individual rights, such as free speech and the right to keep and bear arms. But it also refers to rights that aren't explicitly mentioned.

For example, the Supreme Court has protected the right to privacy, the right of parents to send their children to private schools, and the right to gay marriage. None of these rights are mentioned anywhere in the text of the Constitution.

In his 2006 book, Judge Gorsuch was critical of reading the Constitution in this way. He wrote that the Due Process Clause of the 14th Amendment has been "stretched beyond recognition" in the name of defending unwritten rights.

I'd like to know if Judge Gorsuch thinks the same is true of the 9th Amendment and the Privileges or Immunities Clause, both of which refer to unwritten rights. Does he believe the Constitution protects any rights that aren't explicitly mentioned?

The American people deserve to hear what Judge Gorsuch has to say about these fundamental constitutional issues. Given all the unanswered questions about his jurisprudence, he should fully explain himself at this week's confirmation hearings.

Camera by Jim Epstein. Graphics and editing by Joshua Swain.

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
,
judge neil gorsuch
,
scotus
,
supreme court
,
trump
    Thumbnail for Journalist Barrett Brown on Prison, Leakers, and Private Intelligence Agencies18:53
    Journalist Barrett Brown on Prison, Leakers, and Private Intelligence Agencies
    ReasonVids
    969 views
    Thumbnail for OH WAGIES! 2:08
    OH WAGIES!
    bestofupgoat
    69 views
    Thumbnail for REAL MADRID VS BARCELONA | COPA DEL REY FINAL PREVIEW | YjR2:16:12
    REAL MADRID VS BARCELONA | COPA DEL REY FINAL PREVIEW | YjR
    Invidious2
    28 views
    Thumbnail for "For Their Own Protection": Children in Long-Term Solitary Confinement13:17
    "For Their Own Protection": Children in Long-Term Solitary Confinement
    ReasonVids
    1086 views
    Thumbnail for The 2022 White People Review is about to be released. We've had two big fuckups that will be highlighted...0:37
    The 2022 White People Review is about to be released. We've had two big fuckups that will be highlighted...
    bestofvoatxyz
    792 views
    Thumbnail for Do Studies Show Gun Control Works?16:13
    Do Studies Show Gun Control Works?
    ReasonVids
    1029 views
    Thumbnail for What Did #ExxonKnew and When Did They Knew It? - Question For Corbett #04819:19
    What Did #ExxonKnew and When Did They Knew It? - Question For Corbett #048
    corbettreport_uo
    2035 views
    Thumbnail for How to spot a #millennial with emojis! #nostalgia #relatable #aging | MelissaKristinTV - DigitalMunchies0:31
    How to spot a #millennial with emojis! #nostalgia #relatable #aging | MelissaKristinTV - DigitalMunchies
    invidious
    79 views
    Thumbnail for Trump vs. Hillary vs. Zombies4:47
    Trump vs. Hillary vs. Zombies
    ReasonVids
    1113 views
    Thumbnail for CDC: The Movie (COVID parody)2:36
    CDC: The Movie (COVID parody)
    ReasonVids
    1012 views
    Thumbnail for Nokia Makes Its First Repairable Phone - Nokia G22 Teardown And Repair Assessment | Hugh Jeffreys7:53
    Nokia Makes Its First Repairable Phone - Nokia G22 Teardown And Repair Assessment | Hugh Jeffreys
    invidious
    481 views
    Thumbnail for LIVE HIGH LIMIT CASINO ACTION NOV 11TH 2024! | All Casino Action44:17
    LIVE HIGH LIMIT CASINO ACTION NOV 11TH 2024! | All Casino Action
    invidious
    162 views
    Thumbnail for Libertarians Without Borders: An Interview with Tom Palmer about the Arab Spring9:15
    Libertarians Without Borders: An Interview with Tom Palmer about the Arab Spring
    ReasonVids
    772 views
    Thumbnail for Why U.S. Health Care Costs More Than Canada's: "A Mercedes Costs More than a Corolla"3:22
    Why U.S. Health Care Costs More Than Canada's: "A Mercedes Costs More than a Corolla"
    ReasonVids
    885 views
    Thumbnail for What Really Drove Los Angeles Teachers To Go on Strike?9:17
    What Really Drove Los Angeles Teachers To Go on Strike?
    ReasonVids
    880 views
    Thumbnail for ATTN GOATS WITH KIDNEY STONES: Get yourself on the Big Thunder Mountain rollercoaster at Disneyworld1:45
    ATTN GOATS WITH KIDNEY STONES: Get yourself on the Big Thunder Mountain rollercoaster at Disneyworld
    bestofvoatxyz
    860 views
    Thumbnail for Police, judges, and prosecutors all working together to abuse thier power.8:13
    Police, judges, and prosecutors all working together to abuse thier power.
    bestofsaidit
    1379 views
    Thumbnail for Part 3: Rosetta Stoned - TOOL #shorts #drums | Nicole Niewinski0:27
    Part 3: Rosetta Stoned - TOOL #shorts #drums | Nicole Niewinski
    invidious
    152 views
    Thumbnail for Christmas Songs 2023 🎅 Top Christmas Music Playlist - Merry Christmas 20241:00
    Christmas Songs 2023 🎅 Top Christmas Music Playlist - Merry Christmas 2024
    invidious
    365 views
    Thumbnail for Krillin Admits He Likes Android 18... | ariki Anime0:57
    Krillin Admits He Likes Android 18... | ariki Anime
    invidious
    155 views
    Thumbnail for Brilliantly Done - Dave Schools Murray! 🔥👏👏 #usa #israel  #palestine #politics #news #uk #canada | Breezy Politics0:59
    Brilliantly Done - Dave Schools Murray! 🔥👏👏 #usa #israel #palestine #politics #news #uk #canada | Breezy Politics
    invidious
    100 views
    Thumbnail for Obama - Four Years and Change2:46
    Obama - Four Years and Change
    ReasonVids
    935 views
    Thumbnail for Unspillable Cup | Action Lab Shorts0:58
    Unspillable Cup | Action Lab Shorts
    invidious
    390 views
    Thumbnail for Giant Chocolate Pancake 🍫🥞💗 | Ms Shi and Mr He0:45
    Giant Chocolate Pancake 🍫🥞💗 | Ms Shi and Mr He
    invidious
    179 views
    Thumbnail for 'You need to not be afraid': Weissmann on legal lessons from Trump’s first 100 days | MSNBC0:58
    'You need to not be afraid': Weissmann on legal lessons from Trump’s first 100 days | MSNBC
    invidious
    86 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
,
judge neil gorsuch
,
scotus
,
supreme court
,
trump
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle