Supreme Court Justice Clarence Thomas discusses the origins of judicial review and his philosophy on judicial interpretation during a speech at the Manhattan Institute for Policy Research in New York City.

Discussion Questions

1. Describe the Supreme Court Case, Marbury v. Madison. What was the impact of this case on the Federal Judiciary? What does Justice Thomas mean when he says the Federal Judiciary has assumed the role of "interpreter" and "final arbiter" of the U.S.Constitution?
2. Which Article addresses the Judiciary in the Constitution? What two protections are provided in the Constitution for the Supreme Court? What was the purpose of these protections? According to Justice Thomas, what are some of the results of these protections?
3. According to Justice Thomas, what is the proper role of a judge? What example does he use in order to explain this?
4. Who is Judge Robert Bork? Give a brief explanation of Mr. Bork's philosophy on judicial interpretation. What is this philosophy called? List other judicial philosophies. How do they differ from originalism?
5. Extension: Discuss the checks and balances provided in the Constitution for the Executive and Legislative branches. Have students identify the powers provided to each branch on C-SPAN Classroom's Checks and Balances worksheet.