Chapter Four: Understanding the Supreme Court’s Decisions

Published December 23, 2020

John Yoo discusses landmark decisions made by the Supreme Court that affect rights such as the right to bear arms and the right to have an abortion. Yoo discusses can we tell if certain rights are included in phrases like “due process” and “equal protection” under the law. He also discusses Supreme Court Justice Antonin Scalia’s opinions on social issues.

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Discussion Questions

1. How does the Supreme Court compare in its power to the other two branches of government?
2. If you were president and had the opportunity to make an appointment to the Supreme Court, how would you choose your nominee?

Additional Resources

• To learn more, read “Socialism vs. the American Constitutional Structure: The Advantages of Decentralization and Federalism,” by John Yoo. Available here.
• Watch “The Supreme Court’s Role in Restoring Federalism,” with John Yoo. Available here.
• Watch “Executive Power in the Constitution,” with John Yoo via C-SPAN. Available here.